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PLANNING COMMISSION RECOMMENDATION:
DATE OF NOTICE: 4/21/00
DATE/TIME/LOCATION OF PUBLIC HEARING: 5/ 2/ 0 0 7: 0 0 PM
VOTE: --8 TO 0 TO recommend approval of Ordinanc
Aj&-,A01 tj I D _« I Ce IN A
DATE/TIME/LOCATION OF PUBLIC HEARING: 5/23/2000 7: 00 PM
VOTE: 8 TO 0 TO approve proposed Ordinance amenll; ng ssPcf j 3 j a Qg
the Zoning Ordinance
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND
SIDE YARD REQUIREMENTS OF ORDINANCE NO. 1798 TO CHANGE THE SET BACK
FRONTAGE REQUIREMENT WHERE FORTY PERCENT OR MORE OF EXISTING
BUILDING FRONTAGE IS REQUIRED TO ESTABLISH THE ADJUSTMENT TO THE SET
BACK REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1: SECTION 1110 "ADJUSTMENTS TO FRONT, REAR AND SIDE YARD
REQUIREMENTS" of Ordinance No. 1798 is hereby amended in its entirety to read as follows, to -
wit:
"SECTION 1110 ADJUSTMENTS TO FRONT, REAR AND SIDE YARD
REQUIREMENTS
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)
intersecting 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 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 setback 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 herein 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 no closer to the
street right-of-way than the average front yard setback line established under the
provisions of 2(a) immediately herein above
3. Where two (2) lots are under common ownership and have been permanently
appended to each other by an agreement in writing by the owners 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 following the passage
and publication hereof as required by law.
PASSED AND APPROVED this day of April, 2000.
CITY OF BLAIR, NEBRASKA
IC
ATTEST:
BRENDA R. TAYLOR, CITY CLERK
(SEAL)
MICHAEL A. MINES, MAYOR