2205ORDINANCE NO. 2205
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE CITY OF BLAIR ZONING ORDINANCE SECTION
1110 ADJUSTMENTS TO FRONT, REAR AND SIDE YARD REQUIREMENTS IN
REFERENCE TO CONSTRUCTION OF DECKS IN THE REAR YARD; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
SECTION 1 Section 1110 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
ADJUSTMENTS SECTION 1110 O FRONT, REAR, AND SIDE *
I
1. In all districts except A/ML and A/MH, where forty (40) percent or more of the
frontage on one (1) side of a street between the nearest boundary lines of two (2)
intersection streets, within the same zoning district, is developed with buildings that have
established, with a variation of five (5) feet or less, a front yard of greater or lesser depth
than herein required, new buildings shall be erected no closer to the street right -of -way
than the average front yard setback line established by such existing buildings.
2. In all districts except A /ML and A /MH, where forty (40) percent or more of the lots
are developed with buildings or attached decks that have established, with a variation of
five (5) feet or less, a rear yard of lesser depth than herein required, new attached decks
may be erected with a rear yard of lesser depth than herein required, not to exceed the
average rear yard setback line established by such existing buildings or attached decks.
3. In the A /ML and A /MH districts, the City Council may, upon recommendation of the
Planning Commission, grant a Conditional Use Permit that would allow a front yard set
back different than herein required, if:
a. forty percent (40 %) or more of the frontage on one side of the street between the
nearest boundary lines of two (2) intersecting streets, and for a distance of one
block in either direction, is developed with buildings that have established, with a
variation of five feet (5') or less, a front yard of greater or lesser depth than herein
required:
b. the entire two block area is within the same zoning district;
c. the front yard of less depth than required would have no deleterious effect on the
value of adjacent property and would pose no threat to health or safety; and
d. said lot does not front upon a Federal Aid - Primary, Federal Aid - Secondary, or
State highway.
Such Conditional Use Permit shall allow new buildings to be erected to closer to the
street right -of -way than the average front yard setback line established under the
provisions of 2(a) immediately herein above.
4. Where two (2) lots are under common ownership and have been permanently
appended to each other by an agreement in writing by the owner thereof, running with the
land and binding upon the heirs, personal representatives, successors, and assigns of such
owners, which provides that such lots or portions of lots are permanently appended
(meaning that they may not be conveyed without the other in a simultaneous transaction
to the same grantee); for the determination of minimum front, rear, and side yard
requirements, the outer boundary of such lots shall be considered the lot line for
establishing set back requirements, and no setback from any internal lot lines, separating
such permanently appended lots, shall be required.
SECTION 2 All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3 This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED this 10th day of MAY, 2011.
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
B L^, �—• C&
JA E. REALPH, MAYOR
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and forgoing Ordinance was passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 10th
day of May, 2011.
r �
BRENDA R. WHEELER, CITY CLERK