Subdivision 2005-03, Article 03 Construction & DefinitionsARTICLE 3. CONSTRUCTION AND DEFINITIONS
SECTION 301 CONSTRUCTION
The following rules of construction shall apply unless inconsistent with the plain meaning of
the context of this Ordinance.
301.01 TENSE: Words used in the present tense include the future tense.
301.02 NUMBER: Words use in the singular include the plural, and words used in the plural
include the singular.
301.03 SHALL AND MAY: The word "shall" is mandatory; the word "may" is permissive.
301.04 GENDER: The masculine shall include the feminine and neuter.
301.05 HEADINGS: In the event that there is any conflict of inconsistency between the heading of
an article, section or paragraph of this Ordinance and the context thereof, the said
heading shall not be deemed to affect the scope, meaning or intent of such context.
SECTION 302 GENERAL TERMINOLOGY
The word "city" shall mean the City of Blair, Nebraska. The word "city council" shall mean
the City Council of Blair, Nebraska. The words "planning commission" shall mean the Planning
Commission duly appointed by the City Council.
SECTION 303 DEFINITIONS
303.01 TEXT OF DEFINITIONS: Words or terms not herein defined shall have their ordinary
meaning in relation to the context.
For the purposes of this Ordinance certain words and terms used herein are defined as follows:
(1) ALLEY: See Thoroughfare
(2) BLOCK: A tract or parcel or land bounded by public streets or lands, streams, railroads,
unplatted lands or a combination of same.
(3) BUILDING LINE: See Setback Line
(4) COLLECTOR STREET: See Thoroughfare
(5) COMMON OPEN SPACE: An area of land or water or combination thereof planned for
passive or active recreation, but does not include area utilized for streets, alleys, driveways or
private roads, off-street parking or loading areas. However, the areas of recreational
City of Blair Subdivision Regulations Article 3, page 1
activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as
common open space.
(6) COMMON SEWER SYSTEM: A sanitary sewage system in public ownership which
provides for the collection and treatment of domestic effluent in a central sewage treatment
plant which meets the minimum requirements of the Nebraska Department of Environmental
Quality for primary and secondary sewage treatment and which does not include individual
septic tanks or portable sewage treatment facilities.
(7) COMMON WATER SYSTEM: A water system which provides for the supply, storage and
distribution of potable water on an uninterrupted basis and which is in public ownership.
(8) COMPREHENSIVE PLAN: A comprehensive, long-range plan intended to guide the growth
and development of a community or region that typically includes inventory and analytic
sections leading to recommendations for the community's future economic development,
housing, recreation and open space, transportation, community facilities, and land use, all
related to the community's goals and objectives for these elements.
(9) CORNER LOT: See Lot, Corner.
(10) COVENANT: A written promise or pledge.
(11) CUL-DE-SAC: A local street of relatively short length with one open end to traffic and the
other end terminating in a vehicular turn around. No cul-de-sac shall be allowed with a
vehicular turn around of less than 50 feet in radius and any cul-de-sac shall also provide for
not less than a dedicated right of way of 12.5 feet surrounding the turn around.
(12) CULVERT: A transverse drain that channels under a bridge, street, or driveway.
(13) DEAD-END STREET: See Thoroughfare.
(14) DEDICATION: The intentional appropriation of land by the owner to some public use.
(15) DEVELOPER: Any individual, subdivider, firm, association, syndicate, partnership,
corporation, trust, or any other legal entity commencing proceedings under these regulations
to effect a subdivision of land hereunder for himself/herself or for another.
(16) DISTRICT: See Zone or District.
(17) DWELLING: Space, within a building, comprising living, dining, sleeping room or rooms,
storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all
used by only one (1) family and its household employees.
(18) EASEMENT: Is a grant by the property owner to the public, a corporation, or persons of the
use of a tract of land for a specific purpose or purposes.
City of Blair Subdivision Regulations Article 3, page 2
(19) ENGINEER: Any person registered to practice professional engineering by the Nebraska
State Board of Registration who is designated by the City to approve portions of proposed
subdivisions as specified in these regulations as requiring an engineers approval.
(20) FLOODWAY: A floodway whose limits have been designated and established by order of the
Corp of Engineers and published by the Federal Emergency Management Agency in the form
of a FIRM Flood Insurance Rate Map.
(21) FRONTAGE: The length of the property abutting on one side of a street measured along the
dividing line between the property and the street.
(22) GOVERNING BODY: That Body having jurisdiction in the zoning area.
(23) IMPROVEMENTS: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines,
sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines,
landscaping, and other related matters normally associated with the development of raw land
into building sites.
(24) LOCATION MAP: A drawing located on the plat which sets forth by dimensions or other
means, the relationship of the proposed subdivision or use to other nearby developments or
landmarks and community facilities and services within the Zoning Area of the City of Blair,
Nebraska, in order to better locate and orient the area in question.
(25) LOOP STREET: See "Thoroughfare, Street or Road."
(26) LOT: For purpose of this Ordinance a lot is a parcel of land of at least sufficient size to meet
minimum zoning and subdivision requirements for use, coverage, and area, and to provide
such yards and other open spaces as are herein required. Such lot shall have frontage on an
improved public street, and may consist of a single lot of record; a portion of a lot of record;
a combination of complete lots of record, of complete lots of record and portions of lots of
record, or of portions of lots of records; a parcel of land described by metes and bounds;
provided that in no case of division or combination shall any residual lot or parcel be created
which does not meet the requirements of this Ordinance.
(27) LOT DEPTH: Depth of a lot shall be considered to be the distance between the mid-points of
straight lines connecting the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
(28) LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street.
For the purposes of determining yard requirements on corner lots and through lots, all sides of
a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated
under "Yards" in this Article.
(29) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Register
City of Blair Subdivision Regulations Article 3, page 3
of Deeds, or a lot or parcel described by metes and bounds the description of which has been
so recorded.
(30) LOT WIDTH: Width of a lot shall be considered to be the distance between straight lines
connecting front and rear lot lines at each side of the lot, measured across the rear of the
required front yard, provided, however, that width between side lot lines at their foremost
points where they intersect with the street line, shall not be less than eighty (80) percent of the
required lot width except in the case of lots on the turning circle of cul-de-sacs, or on loop
streets, where the eighty (80) percent requirement shall not apply.
(31) LOT, CORNER: Indicated as A in Diagram S-1, a corner lot is defined as a lot located at the
intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be
considered a corner lot if straight lines drawn from the foremost points of the side lot lines the
foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135)
degrees.
(32) LOT, INTERIOR: Indicated as B in Diagram S-1, an interior lot is defined as a lot other than
a corner lot with only one frontage on a street.
(33) LOT, THROUGH: Indicated as C in Diagram S-1, a through lot is defined as a lot other than
a corner lot with frontage on more than one street. Through lots abutting two (2) streets may
be referred to as a double frontage lot.
Diagram S-1
(34) LOT, REVERSED FRONTAGE: All lots with a D in Diagram S-1, a reversed frontage lot
is defined as a lot in which the frontage is at right angles or approximately right angles,
interior angle less than one hundred thirty-five (135) degrees, to the general pattern in the
area. A reversed frontage lot may also be a corner lot (A-D in Diagram S-1), an interior lot
(B-D) or a through lot (C-D).
(35) LOT, ZONING: A parcel of land or tract used, developed, or built upon as a unit under
City of Blair Subdivision Regulations Article 3, page 4
single ownership or control. Said parcel or tract may consist of one or more lots of record,
one or more portions of a lot or lots of record or any combination thereof.
(36) MAJOR THOROUGHFARE PLAN: The comprehensive plan adopted by the City Planning
Commission indicating the general location recommended for arterial, collector, and local
thoroughfares within the planning jurisdiction of the City.
(37) MONUMENTS: Permanent concrete or iron markers used to establish definitely all lines of
the plat of a subdivision, including all lot corners, boundary line corners, and points of change
in street alignment.
(38) OPEN SPACE: An area open to the sky which may be on the same lot with a building. The
area may include, along with the natural environmental features, swimming pools, tennis
courts, any other recreational facilities that the Planning Commission deems permissive.
Streets, structures for habitation, and the like shall not be included.
(39) OUT LOT: Property shown on a subdivision plat outside of the boundaries of the land which
is to be developed and which is to be excluded from the development of the subdivision.
(40) PARKING SPACE, OFF STREET: For the purpose of this Ordinance an off-street parking
space shall consist of a space adequate for parking an automobile with room for opening
doors on both sides, together with properly related access to a public street or alley and
maneuvering room. Required off-street parking areas for three (3) or more automobiles shall
have individual spaces marked, and shall be so designed, maintained and regulated that no
parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and
so that any automobile may be parked and unparked without moving another.
(41) PEDESTRIAN WAYS: Is a tract of land dedicated to public use, which cuts across a block
to facilitate pedestrian access to adjoining streets or properties.
(42) PLANNED DEVELOPMENT: Special development of certain tracts of land, planned and
designed as a unit for one or more land uses under the regulations and procedures contained
in the Zoning Ordinance and as approved by the City Council.
(43) PLAT: The map, drawing, or chart on which the developer's plan of subdivision is presented
to the City Planning Commission and City Council for approval and, after such approval, to
the Washington County Register of Deeds.
(44) PUBLIC WATER SUPPLY: A water system which provides for the supply, storage, and
distribution of potable water which is owned and maintained by a governmental subdivision
licensed by the State Department of Health or a privately owned water system which is
licensed, regulated, and monitored by the State Department of Health.
(45) PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway,
freeway, highway, land, parkway, right-of-way, sidewalk, street, subway, tunnel, viaduct,
City of Blair Subdivision Regulations Article 3, page 5
walk, or other ways in which the general public or a public entity have a right, or which are
dedicated, whether improved or not.
(46) RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to
the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage
facilities, and may include special features (required by the topography or treatment) such as
grade separation, landscaped areas, viaducts and bridges.
(47) SETBACK LINE: A line established by the Subdivision Regulations and/or Zoning
Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard
in which no building, other than accessory building, or structure may be located above
ground, except as may be provided in said codes. (See Yards.)
(48) SEWERS, ON-SITE: A septic tank or similar installation on an individual lot which utilizes
an aerobic bacteriological process or equally satisfactory process for the elimination of
sewage and provides for the proper and safe disposal of the effluent, subject to the approval
of health and sanitation officials having jurisdiction.
(49) SIDEWALK OR WALKWAY: That portion of a dedicated right-of-way or easement
intended for pedestrian use only.
(50) STREET LINE: A dividing line between a lot, tract, or parcel of land and the contiguous
street. The right-of-way line of a street.
(51) SUBDIVIDER: See Developer.
(52) SUBDIVISION:
1. The division of any parcel of land shown as a unit or as contiguous units on the last
preceding tax roll, into two (2) or more parcels, sites or lots any one of which is less than
ten (10) acres for the purpose, whether immediate or future, of transfer of ownership,
provided, however, that the division or partition of land into parcels of more than ten
(10) acres not involving any new streets or easements of access, and the sale or exchange
of parcels between adjoining lot owners, where such sale or exchange does not create
additional building sites, shall be exempted; or
2. The improvement of one or more parcels of land for residential, commercial, or industrial
structures or groups of structures involving the division or allocation of land for the
opening, widening, or extension of any street or streets except private streets serving
industrial structures; the division or allocation of land as open spaces for common use by
owners, occupants, or lease holders, or as easements for the extension and maintenance
of public sewer, water, storm drainage or other public facilities.
(53) SUBDIVISION DESIGN CLASSIFICATIONS: Two subdivision classifications which
establish minimum design criteria and required improvements for all subdivisions in the City.
City of Blair Subdivision Regulations Article 3, page 6
The classifications are defined as follows:
A. CLASS I SUBDIVISION: Rural low density subdivisions which include:
1. All residential subdivisions in the following zoning districts as defined in the
Zoning Ordinance for Blair, Nebraska.
AGG General Agricultural District
RRE Rural Residential Estates
B. CLASS II SUBDIVISION: Subdivisions which include:
1. Industrial subdivisions containing four (4) or more lots or a total area
exceeding ten (10) acres.
2. Commercial subdivisions containing four (4) or more lots or a total area
exceeding three (3) acres.
3. All residential subdivisions in the following zoning districts as defined in the
Zoning Ordinance for Blair, Nebraska.
RL Residential Low Density District
RM Residential High Density District
RML Multi-Family Residential Low Density District
RMH Multi-Family Residential High Density District
(54) SURVEYOR: Any person registered to practice land surveying in the State of Nebraska.
(55) THOROUGHFARE, STREET, OR ROAD: The full width between property lines bounding
every public way of whatever nature, with a part thereof to be used for vehicular traffic and
designated as follows:
A. ALLEY: A dedicated public right-of-way, other than a street, which provides only a
secondary means of access to abutting property, the right-of-way of which is 20 feet or
less in width.
B. ARTERIAL STREET: A street which provides for through traffic movement between
and around streets with direct access to abutting property, subject to necessary control of
entrances, exits, and curb use.
C. COLLECTOR STREET: A street which provides for traffic movement between
arterials and local streets, with direct access to abutting property.
D. LOCAL STREET: A street which provides direct access to abutting land, and local
traffic movement whether in business, industrial or residential land.
City of Blair Subdivision Regulations Article 3, page 7
E. CUL-DE-SAC: A local street of relatively short length with one (1) end open to traffic
and the other end terminating in a vehicular turnaround.
F. DEAD-END STREET: A street temporarily having only one (1) outlet for vehicular
traffic and intended to be extended or continued in the future.
G. LOOP STREET: A type of local street, each end of which terminates at an
intersection with the same arterial or collector street or other local street and whose
principal radius points of the one hundred and eighty (180) degree system of turns are not
more than one thousand (1000) feet from said arterial or collector street, nor normally more
than six hundred (600) feet from each other.
H. MARGINAL ACCESS STREET: A local or collector street, parallel and adjacent to an
arterial or collector street, providing access to abutting properties and protection from arterial
or collector streets. (Also called Frontage Street.)
(56) VARIANCE: A relaxation of the terms of the Subdivision Ordinance where such variance
will not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement of the
Ordinance would result in unnecessary and undue hardship.
(57) YARD: A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure from thirty (30) inches above the general ground level of
the graded lot upward; provided, however, that fences, walls, poles, posts, and other
customary yard accessories, ornaments, and furniture may be permitted in any yard subject to
height limitations and requirements limiting obstruction of visibility and subject to the district
regulations of any zoning regulations.
A. YARD, FRONT: A yard extending between side lot lines across the front lot line to the
front of the principal building.
B. YARD, REAR: A yard extending between side lot lines across the rear of a lot and
from the rear lot line to the rear of the principal building.
C. YARD, SIDE: A yard extending from the principal building to the side lot line on both
sides of the principal building between the line establishing the front and rear yards.
D. YARD, SPECIAL: A yard behind any required yard adjacent to a public street, required
to perform the same functions as a side or rear yard, but adjacent to a lot line so placed
or oriented that neither the term "side yard" no the term "rear yard" clearly applies.
(58) ZONE OR DISTRICT: A section of the Zoning Area for which uniform regulations
governing the use, height, area, size and intensity of the use of buildings, land, and open
spaces about buildings are established.
City of Blair Subdivision Regulations Article 3, page 8
(59) ZONING ADMINISTRATOR: The person or persons authorized and empowered by the
Governing Body having jurisdiction to administer the requirements of these Subdivision
Regulations.
(60) ZONING AREA OR ZONING JURISDICTION: The area subject to the provisions of
Zoning and Subdivision regulations as set out on the Official Zoning Map of the City of Blair,
Nebraska.
DIAGRAM S-2
LOCATION AND MEASUREMENTS OF YARDS ON LOTS
(END OF SECTION)
City of Blair Subdivision Regulations Article 3, page 9
(Blank Page)
City of Blair Subdivision Regulations Article 3, page 10