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2074ORDINANCE NO. 2074 AN ORDINANCE AMENDING SECTIONS 303, 501, 701, 702, 703, 704, 705, 801, 802, 804, 805, 901, 902, 1001, 1003 AND 1005 OF THE BLAIR ZONING REGULATIONS OF BLAIR, NEBRASKA, BY DEFINING DRIVEWAY REQUIREMENTS; 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 BLAIR, NEBRASKA: SECTION 1 Section 303 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following definition: Section 303.01(51.5) DRIVEWAY: That portion of property running from the public street, highway, or road from the curb drop or cut to any parking area, garage, carport, facility or other structure capable of storing vehicles. The portion of the driveway that shall be paved is that portion that has positive drainage to the City of Blair right -of -way. The driveway shall be paved with not less than 4 inches of asphalt or concrete. Required driveway paving will not substitute for required off street parking, unless it abuts and is contiguous to the structure. Driveways shall have a maximum grade of ten (10) percent. Driveways and curb cuts shall be located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and flare for rolled curbs shall be three (3) feet wider than the driveway pavement on each side. SECTION 2 Section 501 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 501.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 3 Section 701 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 701.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 4 Section 702 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 702.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 5 Section 703 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 703.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 6 Section 704 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 704.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 7 Section 705 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 705.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 8 Section 801 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 801.155 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 9 Section 802 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 802.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 10 Section 804 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 804.115 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 11 Section 805 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 805.115 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 12 Section 901 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 901.135 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 13 Section 902 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 902.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 14 Section 1001 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 1001.055 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 15 Section 1003 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 1003.125 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 16 Section 1005.105 of the Blair Zoning Regulations of Blair, Nebraska is hereby amended to include the following: Section 1005.105 Driveways shall be paved as per section 303.01(51.5). If the driveway is connecting to an unimproved public street, road, or highway, the property owner may request a waiver of the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will state that if the public street, road, or highway is surfaced with asphalt or concrete, the applicant and his/her heirs and assigns agree to pave the driveway as per section 303.01(51.5) within 90 days of being notified to do so. SECTION 17 All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 18 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 1 1 day of July, 2006. ATTEST: /f �j' r / A t(iZP�� r/1 . GI�ZZcQ'� BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY CITY OF BLAIR, NEBRASKA 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 11 day of July, 2006. S E. REALPH, MAYOR BRENDA R. WHEELER, CITY CLERK