This article shall be known as the "definitions."
The purpose of these provisions is to promote consistency and precision
in the interpretation of this chapter. The meanings and construction
of words as set forth shall apply throughout this chapter, unless
where modified in a specific section or where the context of such
words or phrases clearly indicates a different meaning or construction.
The following general rules of construction
apply to the text of this chapter:
A.
Headings. Section and subsection headings contained
herein are provided for illustrative purposes only and shall not be
deemed to limit, govern, modify or otherwise affect the scope, meaning
or intent of any provision of this chapter.
B.
Illustration. In the case of any real or apparent
conflict between the text of this chapter and any illustration explaining
the text, the text shall apply.
C.
Shall and may. "Shall" is always mandatory. "May"
is discretionary.
D.
Tenses and numbers. Words used in the present tense
include the future tense. Words used in the singular include the plural,
and the plural the singular, unless the context clearly indicates
the contrary.
E.
Conjunctions. Unless the context clearly indicates
the contrary, the following conjunctions shall be interpreted as follows:
F.
Referenced agencies. Unless otherwise indicated, all
public officials, bodies and agencies referred to in this chapter
are those of the City of Papillion.
For the purposes of this chapter, certain terms
and words are hereby defined. Certain sections contain definitions
which are additional to those listed here. Where terms are not specifically
defined, their ordinarily accepted meaning or meanings implied by
their context shall apply.
A sign, including sign face and supporting structure, which
refers to a discontinued business, profession, commodity, service
or other activity or use formerly occupying the site or which contains
no sign copy on all sign faces for a continuous period of six months.
Having lot lines or district boundaries in common, including
property separated by a public street or alley; used interchangeably
with "adjacent" or "contiguous."
A building, such as a shed or detached garage, that is incidental
to and customarily associated with a specific principal use or building
on the same site. An accessory building is an accessory structure.
A structure that is incidental to and customarily associated
with a specific principal use or building on the same site. Accessory
structures include, but are not limited to, swimming pools, gazebos,
and decks that are not attached to a principal structure, such as
a deck that is attached to a swimming pool.
[Amended 4-4-2017 by Ord.
No. 1765]
A use that is incidental to and customarily associated with
a specific principal use on the same site.
Those rates established by the Federal Insurance Administrator
pursuant to individual community studies and investigations which
are undertaken to provide flood insurance in accordance with 42 U.S.C.
§ 4014 and the accepted actuarial principles. Actuarial
rates include provisions for operating costs and allowances.
Any construction which increases the size of a building or
structure in terms of site coverage, height, length, width or gross
floor area.
Having lot lines or district boundaries in common, including
property separated by a public street or alley; used interchangeably
with "abutting" or "contiguous."
Any person showing written verification that he/she is acting
for, and with the knowledge and consent of, a property owner.
A public right-of-way which is used as a secondary means
of access to abutting property.
Any construction or physical change in the internal arrangement
of spaces, the supporting members, the positioning on a site or the
appearance of a building or structure.
A housing unit within a building designed for and suitable
for occupancy by only one family. Apartments are generally located
within multifamily residential buildings.
A request for a review of the interpretation of the Planning
Director or Chief Building Official of any provision of this chapter
or a request for a variance.
A series of arches supported on piers or columns.
[Added 5-3-2016 by Ord.
No. 1719]
Precast panels with etched or exposed aggregates, scored
or inlaid patterns with definition, inlaid thin brick, inlaid architectural
concrete block and stone texture and accents. Standard tooled and
water/air-blasted concrete finish does not meet this definition.
Concrete masonry units of standard mix, design and density
with a modified face exposure of a scored pattern, flute, or rock
texture. Integral color, marbled color, solid high-glaze color patterns
and ground faces (exposed aggregate) are part of this definition.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average depth of one to three feet, where a clearly defined
channel is unpredictable, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
Having one or more walls in common with a principal building
or connected to a principal building by an integral architectural
element, such as a covered passageway, facade wall extension or archway.
A sign which is structurally connected to a building or depends
upon that building for support.
Terms which describe secondary characteristics of a sign,
including its method of illumination and other features within the
bounds of its basic shape.
A temporary or movable shelter supported entirely from the
exterior wall of a building and composed of nonrigid materials, except
for a supporting framework. An awning sign is a message printed on
such a shelter.
Material with a printed message or graphic secured or mounted
from a structure in such a way as to allow wind movement.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation indicated in the official floodplain study
as the elevation of the one-hundred-year flood.
An elevation one foot higher than the water surface elevation
of the base flood.
A level of a building below street level that has at least
1/2 of its height below the surface of adjacent ground. A basement
used for independent dwelling or business purposes shall be considered
a story for the purposes of height measurement.
A district established by this chapter which prescribes basic
regulations governing land use and site development standards. No
more than one base zoning district shall apply to any individually
platted lot or parcel unless the lot or parcel is part of an overlay
district.
The initial incorporation of labor and materials within the
foundation of a building or structure.
An earthen mound designed to provide visual interest, screen
undesirable views, decrease noise, and/or control or manage surface
drainage.
[Added 5-3-2016 by Ord.
No. 1719]
Any hydrologic and hydraulic studies that result in a base
flood elevation that is higher than what is shown on the effective
FIRM or effective FIS. Such study must be completed or approved by
the City of Papillion or other pertinent government agency.
An area of land within a subdivision that is entirely bounded
by streets, by streets and the exterior boundaries of the subdivision,
or by a combination of the above with a watercourse or lake, and which
has been designated as such on a plat for the purposes of legal description
of a property.
The property abutting one side of a street and lying between
the two nearest intersecting streets, or between the one nearest intersecting
street and a major physical barrier, including but not limited to
railroads, streams, lakes or the corporate limits of Papillion.
A body, established by the City, pursuant to Neb. R.R.S.
§§ 19-901 through 19-914, expressly for the purpose
of granting relief from situations of hardship and to hear appeals
as provided by this chapter.
A landscaped area intended to separate and partially obstruct
the view of two adjacent land uses or properties from one another.
A structure entirely separated from any other structure by
space or by walls and having a roof and built to provide shelter,
support or enclosure for persons or property.
The area of a site covered by buildings or roofed areas,
excluding allowed projecting eaves, balconies and similar features.
The three-dimensional space within which a structure is permitted
to be built on a lot after all zoning and other applicable municipal
requirements have been met.
The outer boundary of a building established by the location
of its exterior wall.
A historic or commemorative plaque or a building name or
cornerstone carved into a masonry surface wall.
The three-dimensional bulk of a building: height, width,
and depth.
[Added 5-3-2016 by Ord.
No. 1719]
The designee of the City Council responsible for the enforcement
of the Uniform Building Code.[1]
The size and proportion of a building relative to surrounding
buildings and environs, adjacent streets, and pedestrians.
[Added 5-3-2016 by Ord.
No. 1719]
Activities that include the exchange or manufacture of goods
or services on a site.
A building containing more than one commercial business,
or any group of nonresidential buildings within a common development,
characterized by shared parking and access.
A sign which identifies a building or group of commercial
buildings in single ownership or control, sharing parking and access.
A projecting nonmovable structure, cantilevered or suspended
from a building, supported by the main structural members to which
it is attached, and used only as a roof or fixed shelter.
A sign which is attached to or made an integral part of a
canopy.
The replacement of an existing use by a new use.
A natural or artificial watercourse of perceptible extent,
with a definite bed and banks to confine and conduct continuously
or periodically flowing water. Channel flow, thus, is that water which
is flowing within the limits of a defined channel.
The City of Papillion, Nebraska.
The City Council of Papillion, Nebraska.
The distance from the bottom of a sign face elevated above
grade and the grade below.
A development design technique that concentrates buildings
in specific areas on a site to allow remaining land to be used for
recreation, common open space or the preservation of historically
or environmentally sensitive features.
A development design technique that concentrates buildings
in specific areas on a site to allow remaining land to be used for
recreation, common open space or the preservation of historically
or environmentally sensitive features.
Wholly or in majority, a residential subdivision that permits
a reduction in lot area, setback or other site development regulations,
provided that there is no increase in the overall density permitted
for a conventional subdivision in a given zoning district and the
remaining land area is used for common space.
A street connecting neighborhoods within the same communities,
designed to carry traffic from local to arterial streets.
Any vehicle other than a personal vehicle, recreational vehicle,
or commercial vehicle (light) as defined herein. Heavy commercial
vehicles include, but are not limited to, farm machinery, tractor
trailers, and vehicles over 10 tons' licensed weight.
[Amended 5-3-2016 by Ord.
No. 1719; 5-16-2017 by Ord. No. 1764]
A personal vehicle used for home occupations, home-based
businesses, or any other business purposes as indicated by the display
of logos, business names, and/or modification of the vehicle to carry
business-related equipment.
An area held, designed and designated for common or cooperative
use within a development.
A development proposed and planned as one unified project
not separated by a public street or alley.
Land within or related to a development that is not individually
owned or dedicated for public use, designed and generally intended
for the common use of the residents of the development.
Any state or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the area within its jurisdiction.
The degree to which two or more different land use types
are able to exist together in close proximity, with no one use having
significant negative effects on any other use.
The duly adopted Comprehensive Development Plan of the City
of Papillion.
A real estate ownership arrangement that combines fee-simple
title to a specific unit and joint ownership in common elements shared
with other unit owners. Types of units may include dwelling units,
parking spaces, office spaces or commercial spaces.
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous.
A subdivision which literally meets all nominal standards of Chapter 170, Subdivision of Land, for lot dimensions, setbacks, street frontage and other site development regulations.
Sarpy County, Nebraska.
An open, unoccupied space, bounded on two or more sides by
the walls of the building.
A subdivision which, while complying with Chapter 170, Subdivision of Land, diverges from nominal compliance with site development regulations in this chapter. Creative subdivisions imply a higher level of preplanning than conventional subdivisions. They may be employed for the purpose of environmental protection or the creation of superior community design. Types of creative subdivisions include cluster subdivisions and traditional neighborhood districts.
The amount of development per specific unit of a site.
Fully separated from any other building or joined to another
building in such a manner as not to constitute an enclosed or covered
connection.
A structure that is accessory to a single- or two-family
dwelling, that is used for the parking and storage of vehicles owned
and operated by the residents thereof, is connected to a street or
alley by a driveway, and is not a separate commercial enterprise available
to the general public. A detached garage is an accessory structure.
A sign which is self-supporting and structurally independent
from any building.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
A sign which serves only to designate the location or direction
of any area or place.
A sign consisting of no more than two parallel faces supported
by a single structure.
Uses which involve the sale of products or provision of services
to occupants in vehicles.
A permanently paved, surfaced area providing vehicular access
between a street and an off-street parking or loading area.
One or more rooms, designed, occupied or intended for occupancy
as a separate living quarters, with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
A privilege or right of use granted on, above, under or across
a particular tract of land for a specific purpose by one owner to
another owner, public or private agency, or utility.
A sign using changing electronic displays, including programmed
lighting, light-emitting diodes, or other mechanisms, to display the
name of businesses on or off premises, or other messages advertising
commercial products or a business or premises.
A sign using changing electronic displays, including programmed
lighting, light-emitting diodes, or other mechanisms, to display time,
temperature, and messages limited to civic, nonprofit, or noncommercial
programs.
A roofed or covered space fully surrounded by walls.
For the purposes of determining flood insurance rates, structures
for which the start of construction commenced before the effective
date of the FIRM or before January 1, 1975, for FIRMs effective before
that date. "Existing construction" may also be referred to as "existing
structures."
One or more persons living together and sharing common living,
sleeping, cooking and eating facilities within an individual housing
unit, no more than three of whom may be unrelated. The following persons
shall be considered related for the purpose of this chapter:
Persons related by blood, marriage or adoption.
Persons residing with a family for the purpose
of adoption.
Not more than nine persons under 19 years of
age residing in a foster house licensed or approved by the State of
Nebraska.
Person(s) living with a family at the direction
of a court.
Pertaining to the government of the United States of America.
An enclosure or barrier constructed of any manufactured material,
such as wood, wire, iron, masonry, or stone or any combination of
such manufactured materials, but not including hedges, shrubs, trees,
or other natural vegetative growth, that is erected to enclose, protect,
screen, or separate areas.
[Added 5-3-2016 by Ord.
No. 1719; amended 4-7-2020 by Ord. No. 1860]
A flag displaying the name, insignia, emblem, or logo of
a profit-making entity.
A flag displaying the name, insignia, emblem, seal, or pattern
of a nation, state, county, municipality, or nonprofit organization.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation of runoff of
surface waters from any source.
That area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every 100 years (i.e.,
that has a one-percent chance of flood occurrence in any one year).
An official map of a community on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
Any land area susceptible to being inundated by water from
any source. (See definition of "flooding.")
The operation of an overall program of corrective and preventative
measures for reducing flood damage, including but not limited to an
emergency preparedness plan, flood control works and floodplain management
regulations.
Any combination of structural and nonstructural additions,
changes or adjustments to structures, including utility and sanitary
facilities, which would preclude the entry of water. Structural components
shall have the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
Those physical structural works constructed specifically
to modify flooding in order to reduce the extent of the area within
a community subject to a special flood hazard. Such a system typically
includes levees or dikes. These specialized modifying works are those
constructed in conformance with sound engineering standards.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.[4]
A factor of safety, usually expressed in feet above a flood
level, for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the heights calculated for a selected size flood and
floodway conditions, such as wave action, clogged bridge openings
and the hydrological effect of urbanization of the watershed.
The length of a property line of any one lot or premises
abutting on a public or private street that provides principal access
to the lot, measured from the points at which the side lot lines intersect
the street property line.
The horizontal elevation of the finished surface of ground,
paving or sidewalk adjacent to any building line.
For buildings having walls facing one street
only, the grade shall be the elevation of the sidewalk at the center
of the wall facing the street.
For buildings having walls facing more than
one street, the grade shall be the average elevation of the grades
of all walls facing each street.
For buildings having no walls facing a street,
the grade shall be the average level of the finished surface of the
ground adjacent to the exterior walls of the building.
The total enclosed area of all floors of a building, measured
to the inside surfaces of the exterior walls. This definition excludes
the areas of basements, elevator shafts, air spaces above atriums
and enclosed off-street parking and loading areas serving a principal
use.
A freestanding sign, other than a pole sign, in which the
entire bottom is in contact with or appears to be in contact with
the ground.
A ground surface covered with cobblestones, flagstone, bricks,
sectional paver units, poured concrete, asphalt, asphaltic concrete,
or other material that provides a stable, relatively impervious surface.
Sectional pavers that include perforations permitting the growth of
grasses or vegetation (such as grasscrete) and porous concrete also
fall under the definition of hard surfaces. A graded natural surface
or a surface overlaid with loose gravel or granulated stone is not
considered a hard surface.
The vertical distance from the established grade to the highest
point of the coping of a flat roof, to the deckline of a mansard roof
or to the average height between eaves and the ridge for gable, hip,
shed or gambrel roofs. For other cases, height shall be measured as
the vertical distance from the established grade to the highest point
of a structure, as herein defined. Where a building or structure is
located on a slope, height shall be measured from the average grade
level adjacent to the building or structure.
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
An accessory occupational use conducted entirely within a
dwelling unit by its inhabitants, which is clearly incidental to the
residential use of the dwelling unit or residential structure and
does not change the residential character of its site.
A body of water in an artificial or semiartificial receptacle
or other container, such as a hot tub, a whirlpool designed for recreational
use, or a therapy pool for medical use which is designed not to be
drained, cleaned, and refilled after each individual use. It may include,
but is not limited to, hydrojet circulation, hot water, cold water,
mineral baths, air induction systems, or any combination thereof.
Any hot tub/spa that exceeds 95 inches in width or length and/or 36
inches in depth shall be considered a swimming pool.
A building or portion of a building arranged for and intended
for occupancy as an independent living facility for one family, including
permanent provisions for cooking.
A pole sign associated with any applicable premises that
is located in whole or in part within the I-80 Sign Corridor.
[Added 7-3-2018 by Ord.
No. 1804]
Lighting sources installed for the primary purpose of lighting
a specific sign or group of signs.
The total horizontal area of all buildings, roofed or covered
spaces, paved surface areas, walkways and driveways, and any other
site improvements that decrease the ability of the surface of the
site to absorb water, expressed as a percent of site area. The surface
water area of pools, ponds, creeks, streams, and other natural or
engineered bodies of water are excluded from this definition.
Any display capable of being expanded by air or other gas
and used on a permanent or temporary basis to advertise a product
or event.
An on-premises sign that provides an instruction or direction
to the public but contains no other advertising, message, or decoration.
A lot on which the side lot lines are not parallel to each
other and/or the front and back lot lines are not parallel to each
other or a lot that has more or less than four lot lines.
The area within the boundaries of a given lot, site or common
development consisting primarily of plant material, including but
not limited to grass, trees, shrubs, vines, ground cover and other
organic plant materials, or grass paver masonry units installed such
that the appearance of the area is primarily landscaped.
PERIMETER LANDSCAPED AREAAny required landscaped area that adjoins the exterior boundary of a lot, site or common development.
INTERIOR LANDSCAPED AREAAny landscaped area within a site exclusive of required perimeter landscaping.
An off-street area used for the loading or unloading of goods
from a vehicle in connection with the use of the site on which such
area is located.
A parcel of property with a separate and distinct number
or other identifying designation which has been created, assigned
and recorded in the office of the Sarpy County Register of Deeds,
as provided for by Neb. R.R.S. §§ 16-902, 19-903, 19-916,
19-918 and 19-921. Each individual lot is subject to the provisions
of a particular base zoning district and shall have a minimum frontage
of 20 feet, except as provided in an approved planned unit development
and/or creative subdivision.
CORNER LOTA lot located at the junction of at least two streets, private ways or courts, or at least two segments of a curved street, private way or court, at which the angle of intersection is no greater than 135°.
DOUBLE-FRONTAGE LOTA lot, other than a corner lot, having frontage on two streets, private ways or courts. Primary access shall be restricted on a double-frontage lot to the minor of the two streets or to the front line as determined at time of platting or as defined by this chapter. (It is also known as a "through lot.")
INTERIOR LOTA lot other than a corner lot.
COMMON DEVELOPMENT LOTWhen two or more contiguous lots are developed as part of a planned unit development, these lots may be considered a single lot for purposes of this chapter.
The total horizontal area within the lot lines of a lot.
The mean horizontal distance measured between the front and
rear lot lines.
A property boundary line(s) of record that divides one lot
from another lot or a lot from the public or private street right-of-way
or easement. Once established, lot lines may not be redefined due
to a change of address which would result in a new definition of the
prior defined lot lines.
FRONT LOT LINEThe lot line separating a lot and a public or private street right-of-way or easement.
For an interior lot, the lot line separating
the lot from the right-of-way or easement.
For a corner lot, the shorter lot line abutting
a public or private street or easement. In instances of equal line
dimension, the front lot line shall be determined by the Planning
Director, or as may be noted on the final plat.
For a double-frontage lot, the lot lines separating
the lot from the right-of-way or easement of the more minor street.
In cases where each street has the same classification, the front
lot line shall be determined by the Planning Director at the time
of application for the original building permit for the lot, or as
may be noted on the final plat.
REAR LOT LINEThe lot line which is opposite and most distant from the front line.
SIDE LOT LINEAny lot line that is neither a front nor rear lot line. A side lot line separating a lot from a street, private way or court is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
The horizontal distance measured between the side lot lines
of a lot, at right angles to its depth, along a straight line parallel
to the front lot line at the minimum required setback line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
For the purposes of floodplain regulations, a structure,
transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home"
does not include recreational vehicles.
A factory-built structure which is to be used as a place
for human habitation, which is not constructed or equipped with a
permanent hitch or other device allowing it to be moved other than
to a permanent site, which does not have permanently attached to its
body or frame any wheels or axles, which bears a label certifying
that it was built in compliance with the National Manufactured Home
Construction and Safety Standards promulgated by the United States
Department of Housing and Urban Development, and which complies with
the following architectural and aesthetic standards:
The home shall have at least 900 square feet
of floor area;
The home shall have an exterior width of at
least 18 feet;
The roof shall be pitched with a maximum vertical
rise of 2.5 inches for each 12 inches of horizontal run;
The exterior material is of a color, material
and scale comparable with those existing in the residential site on
which the manufactured home dwelling is being permanently installed;
The home shall have a nonreflective roof material
which is or simulates asphalt or wood shingles, tile or rock;
Permanent utility connections shall be installed
in accordance with local regulations;
The home shall have all wheels, axles, transporting
lights and towing apparatus removed; and
The home shall be installed upon a permanent
foundation that is constructed and built in accordance with local
regulations.
A permanent roofed structure attached to and supported by
a building and extending over the public right-of-way.
The maximum permitted combined area of all signs allowed
on a specific property.
A building or structure that incorporates two or more use
types within a single building or structure, provided that each use
type is permitted within the individual base zoning district in which
the building or structure is to be located.
A single development which incorporates complementary land
use types into a single development.
A building type designed to be transportable in one or more
sections, constructed on a permanent chassis or undercarriage, and
designed to be used as a dwelling unit or other use with or without
a permanent foundation when connected to the required utilities, but
not bearing a seal attesting to the approval and issuance of the Nebraska
Department of Health or conformance to the manufactured home procedural
and enforcement regulations, as adopted by the United States Department
of Housing and Urban Development, or not otherwise satisfying the
definition of "manufactured home dwelling."
A unified development under single ownership, developed,
subdivided, planned and improved for the placement of mobile home
units for nontransient use. Mobile home parks include common areas
and facilities for management, recreation, laundry, utility services,
storage, storm shelter and other services, but do not include mobile
home sales lots on which unoccupied mobile homes are parked for the
purposes of display, inspection, sale or storage.
A development subdivided, planned and improved for the placement
of mobile home units on lots for uses by the individual owners of
such lots. Mobile home subdivisions may include common areas and facilities
for management, recreation, laundry, utility services, storage, storm
shelter and other services, but do not include mobile home sales lots
on which unoccupied mobile homes are parked for the purpose of display,
inspection, sale or storage.
A freestanding sign with the appearance of a solid base.
The width of such base shall be at least the width of the sign.
A sign which conveys its message through rotating, changing
or animated elements.
For the purposes of floodplain regulation, structures for
which the start of construction commenced on or after the effective
date of the floodplain management regulation adopted by a community,
and includes any subsequent improvements to such structures.
A building, structure or improvement which does not comply
with the regulations for its zoning district set forth by this chapter
but which complied with applicable regulations at the time of construction.
A lot which was lawful prior to the adoption, revision or
amendment of this chapter but that fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of this
chapter. No action can be taken which would increase the nonconforming
characteristics of the lot.
A sign that was legally erected prior to the adoption, revision
or amendment of this chapter but that fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of this
chapter.
A structure which was lawful prior to the adoption, revision
or amendment of this chapter but that fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of this
chapter. No action can be taken which would increase the nonconforming
characteristics of the structure.
A land use which was lawful prior to the adoption, revision
or amendment of this chapter but that fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of this
chapter. No action can be taken which would increase the nonconforming
characteristics of the land use.
An unreasonable and continuous invasion of the use and enjoyment
of a property right which a reasonable person would find annoying,
unpleasant, obnoxious or offensive.
The base flood having a one-percent chance of annual occurrence.
A sign which pertains to the use of a premises and which
contains information about the owner or operator of that use, the
type of business being conducted or the principal brand name of a
commodity sold on the premises, and other information relative to
the conduct of the use.
Area included on any site or lot that is open and unobstructed
to the sky, except for allowed projections of cornices, overhangs,
porches, balconies or plant materials.
The storage of materials, parts or products that are related
to the principal use of a site for a period exceeding three days.
[Amended 5-3-2016 by Ord.
No. 1719]
A district established by this chapter to prescribe special
regulations to be applied to a site only in combination with a base
district.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek development
of land.
A portion of a surface parking lot that is defined by pedestrian
paths, landscaping, and buildings. Large parking lots for commercial
and office uses are broken up into parking blocks.
An area on a lot and/or within a structure, including one or more parking spaces, along with provision for access circulation, maneuvering and landscaping, meeting the requirements of this chapter. Parking facilities include parking lots, private garages and parking structures. Vehicle storage is distinct from parking and is regulated by provisions in §§ 205-20LL, 205-21 and 205-22J, and Table 205-38.[5] Vehicle storage is also governed by the provisions of Article XXXVI, Off-Street Parking.
[Amended 5-3-2016 by Ord.
No. 1731]
An area on a lot and/or within a building, intended for the
use of temporary parking of a personal vehicle. This term is used
interchangeably with "parking stall." Each parking space must have
a means of access to a public street. Tandem parking stalls in single-family
detached, single-family attached and townhome residential uses shall
be considered to have a means of access to a public street.
Any space or structural components that are specifically
designed to retain heat derived from solar energy, including ponds
for evaporative cooling, and any moving parts that increase heat retention
by the system.
[Added 3-3-2020 by Ord.
No. 1867]
A structure made of concrete, slate, stone, pavers, or similar
material which is free- standing, constructed at grade, and intended
for use as outdoor living space. For purposes of this definition,
outdoor living space is space commonly used for human congregation
that typically includes amenities such as outdoor furniture, grills,
and fire pits. Outdoor living spaces do not include parking pads for
vehicles or pads for sports recreation such as basketball and tennis
courts.
[Added 8-17-2021 by Ord.
No. 1935]
Permanently surfaced with poured concrete, concrete pavers
or asphalt.
A land use type allowed as a matter of right in a zoning
district, subject only to special requirements of this chapter.
A passenger car, passenger van, minivan, sport utility vehicle,
pickup truck, and/or motorcycle that is:
A development of land which is under unified control and
is planned and developed as a whole in a single development operation
or programmed series of development stages. The development may include
streets, circulation ways, utilities, buildings, open spaces and other
site features and improvements.
The Planning Commission of the City of Papillion, as authorized
pursuant to Neb. R.R.S. §§ 19-924 through 19-929, inclusive.
The designee of the City Council responsible for the interpretation
and administration of this chapter.
An on-premises sign built on a freestanding frame, mast or
pole(s), with a clearance greater than three feet, and where the support
encompasses less than 100% of the width of the sign.
A roofed or unroofed open structure projecting from an exterior
wall of a building and having no enclosed features more than 30 inches
above its floor other than wire screening and a roof with supporting
structure.
Any sign supported by frames or posts rigidly attached to
bases not permanently attached to the ground or a building and capable
of being moved from place to place.
A lot, parcel, tract or plot of land, contiguous and under
common ownership or control, together with the buildings and structures
thereon.
The building or structure used to accommodate the majority
of the principal permitted uses.
[Added 5-3-2016 by Ord.
No. 1719]
At least 51% of the actual cash value of the structure is
above ground.
A building for the storage of motor vehicles where no repair
service facilities are maintained and where no motor vehicles are
kept for rental or sale.
A sign, other than a wall sign, that is attached to and projects
from a building face.
See "lot line."
A vehicular-type unit which is designed primarily for recreational
or travel use, and has its own motive power or is mounted on or drawn
by another vehicle, excluding trailers as defined in this section.
This definition shall include motor homes, ATVs, boats, and personal
watercraft.
[Amended 5-16-2017 by Ord. No. 1764]
A specific requirement set forth by this chapter which must
be followed.
A supply of off-street parking at a location not on the site
of a given development.
Any flood-related damage sustained by a structure on two
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, on average, equals or
exceeds 25% of the market value of the structure before the damage
occurred. Costs incurred for reconstruction, rehabilitation, or other
improvement of a structure to repair the damage resulting from a repetitive
loss shall be included in the calculation of the cumulative cost for
the structure with respect to a substantial improvement determination.
[Added 7-15-2014 by Ord.
No. 1695]
A small detached or attached sign located on a residential
premises, conveying a message communicated by the owner of the property.
A structure that is constructed between lands of different
elevations to stabilize the surfaces, prevent erosion, and/or protect
structures.
Any sign or part of sign erected upon, against or directly
above a roof or on top of or above the parapet or cornice of a building.
INTEGRAL ROOF SIGNA roof sign positioned between an eave line and the peak or highest point on a roof, substantially parallel to the face of a building.
ABOVE-PEAK ROOF SIGNA roof sign positioned above the peak of a roof or above a parapet or cornice.
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, hedges, berms or other features as may be permitted
by the landscape provisions of this chapter.
The distance, as required by the minimum setback(s), which
establishes the horizontal component(s) of the building envelope.
An accessory structure or building used primarily for storage
purposes and not a separate commercial enterprise available to the
general public.
A symbolic, visual device, fixed upon a building, vehicle,
structure or parcel of land, which is intended to convey information
about a product, business, activity, place, person, institution, candidate
or political idea.
A functional description of the use of an individual sign;
includes owner identification, advertising, directional, electronic
message and temporary.
The parcel of land to be developed or built upon. A site
may encompass a single lot or a group of lots developed as a common
development under the special and overlay district provisions of this
chapter.
A plan, prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses and principal site development features proposed
for a specific parcel of land and any other information that may be
reasonably be requested by the City in order that an informed decision
can be made on the associated request.
Any device, structure, or part of a device or structure which
is used primarily to transform solar energy into thermal, chemical,
or electrical energy. It includes any space or structural components
specifically designed to retain heat derived from solar energy.
[Added 3-3-2020 by Ord.
No. 1867]
A complete design or assembly consisting of a solar energy
collector, an energy storage facility when used, and components for
the distribution of transformed energy to the extent that they cannot
be used jointly with a conventional energy system. Passive solar energy
systems are included in this definition but not to the extent that
they fulfill other functions, such as structural or recreational.
[Added 3-3-2020 by Ord.
No. 1867]
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
A use with operating and/or physical characteristics different
from those of permitted uses in a given zoning district which may,
nonetheless, be compatible with those uses under special conditions
and with adequate public review. Special use permits are allowed in
a zoning district only at the discretion of and with the explicit
permission of the City Council, upon the recommendation of the Planning
Commission.
[For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)] includes
substantial improvement and means the date the building permit was
issued, provided that the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The "actual start" means the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation, or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory structures, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not the alteration affects the external
dimensions of the building.
The State of Nebraska.
The portion of a building included between the surface of
any floor and the surface of the next floor above it; if there is
no floor above it, the space between such floor and the next ceiling
above it. A half story is a story under a sloped roof, the wall heights
of which, on at least two opposite, exterior walls, are less than
four feet.
Any separate external face of a building, including parapet
walls and omitted wall lines, oriented to and facing a public street,
private way or court. Separate faces oriented in the same direction
or within 45° of one another are considered part of the same street
facade.
In regard to a site, the principal street shall be the street
to which the majority of lots on a block face are oriented; the intersecting
street shall be a street other than a principal street.
A street which is used primarily for access to the abutting
properties.
A street carrying traffic between neighborhoods, connecting
neighborhoods with major activity centers, or accommodating major
through traffic. Major streets are designated as collectors, arterials
or expressways by the Comprehensive Development Plan.
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.
[Added 2-7-2012 by Ord.
No. 1632; amended 2-7-2012 by Ord. No. 1633]
A right-of-way, outlot, or other area, designated in a plat
and protected by a permanent easement, established to provide vehicular
access within a development. A private street is not dedicated or
intended to be dedicated to the City.
A right-of-way, dedicated to public use, that affords a primary
means of access to the abutting property. This definition is intended
to be inclusive of the term as defined in Nebraska statute.
Any object constructed or built, the use of which requires
location on the ground or attachment to something located on the ground.
Damage of any origin sustained by a structure whereby the
cumulative cost of restoring the structure to its before-damaged condition
would equal or exceed 50% of the market value of the structure before
the damage occurred. Cumulative cost shall include all costs incurred
for reconstruction, rehabilitation, or other improvement of a structure
to repair the damage to the structure that resulted from the substantial
damage event. Costs incurred for reconstruction, rehabilitation, or
other improvement of a structure to repair the damage to the structure
associated with a substantial damage event shall be included in the
calculation of the cumulative cost for the structure with respect
to a substantial improvement determination.
[Amended 7-15-2014 by Ord. No. 1695]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cumulative cost of which equals or exceeds 50%
of the market value of the structure before start of construction
of the improvement. This includes structures which have incurred repetitive
loss or substantial damage, regardless of the actual repair work performed.
The term does not, however, include either any project for improvement
of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions, or any alteration of a historic
structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure. Cumulative cost shall
include all costs incurred for reconstruction, rehabilitation, addition
or other improvement of the structure within 10 years preceding the
date of a building permit application for such structure, including
any costs resulting from repetitive loss or substantial damage.
[Amended 7-15-2014 by Ord. No. 1695]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
A body of water in an artificial or semi-artificial receptacle
or other container, either located indoors or outdoors, used or intended
to be used for public, semipublic or private swimming by adults, children
or both adults and children, operated and maintained by any person
or entity, whether as an owner, lessee, operator, licensee or concessionaire,
including a family pool (a swimming pool used or intended to be used
solely by the owner, operator or lessee thereof and his or her family
and by friends invited to use it without payment of any fee). This
definition includes structures, appurtenances, equipment, appliances
and other facilities appurtenant to and intended for the operation
and maintenance of a swimming pool. A swimming pool is an accessory
structure.
A sign, flag, banner, pennant or valance constructed of lightweight
materials which is not permanently attached to building or land and
which is intended for display for a limited period of time.
A dwelling unit having a common wall with or abutting one
or more adjacent dwelling units in a townhouse structure, with its
own front and rear access to the outside, and neither above nor below
any other dwelling unit.
A building formed by at least two and not more than 12 contiguous
townhouses with common or abutting walls.
Every vehicle without motive power designed to carry property
and be drawn by a motor vehicle. Trailers are typically categorized
as:
[Amended 5-16-2017 by Ord. No. 1764]
FIFTH-WHEEL TRAILERA travel trailer designed to be affixed to, and towed by, a vehicle with a special hitch that attaches near the axle of the vehicle.
FOLDING CAMPER TRAILERA light-weight unit with sides that collapse for towing or storage, and is sometimes referred to as a fold-down camper, pop-up trailer or tent trailer.
HAULING TRAILERA flatbed or box trailer designed to carry property and to be drawn by a motor vehicle, excluding a boat trailer with a boat on it.
TRAVEL TRAILERA trailer designed and constructed to be used primarily for temporary living quarters for recreational purposes.
The conduct of an activity, or the performance of a function
or operation, on a site or in a building or facility.
Installations, either above or below ground, necessary for
production, generation, transmission, delivery, collection, treatment
or storage of water, solid or fluid wastes, stormwater, energy media,
gas, electronic or electromagnetic signals, or other services which
are precedent to development and use of land.
A grant of relief to a person from the requirements of this
chapter that permits construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
A failure of a structure or other development to be fully
compliant with the provisions of this chapter.
A sign attached to and parallel with the side of a building.
A sign painted on or installed inside a window for the purpose
of viewing from outside the premises.
That portion of a lot which lies between a lot line and the
corresponding building setback line or the required landscape area.
This area shall be unoccupied and unobstructed from the ground upward,
except as may be specifically provided for or required by this chapter.
FRONT YARDThe space extending the full width of a lot, lying between the front lot line and the front setback line.
REAR YARDThe space extending the full width of a lot, lying between the rear lot line and the rear setback line.
SIDE YARDThe space extending from the front yard to the rear yard, lying between the side yard setback line and the interior lot line.
STREET SIDE YARDOn a corner lot, the space extending from the front yard to the rear yard, between the street side yard setback line and the street side lot line.
A parcel of land in single ownership that is large enough
to meet the minimum zoning requirements of its zoning district and
can provide such yards and other open spaces that are required by
the site development regulations.
An official determination issued by the Planning Director,
or his/her designee, which indicates that the proposed use of building
or land complies with the provisions of this chapter.
[Added 5-3-2016 by Ord.
No. 1719]
A designated specified land classification, within which
all sites are subject to a unified group of use and site development
regulations set forth in this chapter.
[3]
Editor's Note: This ordinance also repealed the definition
of "certificate of zoning compliance," which immediately followed
this definition.
[4]
Editor's Note: The former definition of "floor area ratio,"
which immediately followed, was repealed 2-19-2019 by Ord. No. 1817.
[5]
Editor's Note: Table 205-38 is included as an attachment to this chapter.
