The supplemental site development regulations
recognize the existence of special conditions that cannot comply literally
with the site development regulations set out for each zoning district.
Therefore, these regulations qualify or modify the district regulations
of this chapter and provide for specific areas of exception.
[Amended 5-3-2016 by Ord.
No. 1719; 4-4-2017 by Ord. No. 1765; 8-17-2021 by Ord. No. 1935]
A.
Lots adjoining alleys. In calculating the depth of a required side
or rear yard setback for a lot adjoining a dedicated public alley,
1/2 of the alley may be credited as a portion of the yard. However,
no residential structure may be nearer than three feet to the near
side of the alley.
B.
Exceptions to openness of required yards. Every part of a required
yard shall be open and unobstructed from finished grade upward, except
as specified herein.
(1)
Architectural projections, including roofs which cover porches,
enclosed porches, window sills, belt courses, cornices, eaves, flues
and chimneys, and ornamental features may project three feet into
a required yard.
(2)
Terraces, patios, uncovered decks and ornamental features that
have no structural element more than two feet above or below the adjacent
ground level may project into any required yard as follows:
(a)
Terraces, uncovered decks and ornamental features may project
10 feet into a required yard. However, all such projections must be
set back at least three feet from an adjacent side lot line or five
feet from any street side lot line.
(b)
Patios may project 10 feet into a required front, street side
or interior side yard, provided that all such projections must be
set back at least three feet from an adjacent side lot line and five
feet from any front or street side lot line. Patios may project any
distance into a rear yard, provided that such projection must be set
back at least three feet from the adjacent side lot line, five feet
from any street side lot line and eight feet from any adjacent rear
lot line.
(3)
Terraces, patios, uncovered decks and ornamental features that
have a structural element more than two feet above or below the adjacent
ground level may project 10 feet into a required front, street side
or rear yard. However, all such projections must be set back at least
five feet from any front or street side lot line. For the purposes
of regulating setbacks, a deck that is partially or fully covered
by an arbor, pergola or similar shade-providing feature shall be considered
a covered deck.
(4)
Paved driveways, interior sidewalks and pads may be located
within a front yard, interior side yard or rear yard, but must be
set back a minimum of one foot from the side lot line and three feet
from the rear property line. On a corner lot, driveways or parking
pads not providing access to a garage are not permitted within a required
street side yard setback.
(5)
Fire escapes, fireproof outside stairways and balconies opening
to fire towers may project a maximum of three feet into required yards,
provided that they do not obstruct the light and ventilation of adjacent
buildings.
(6)
For buildings constructed upon a front property line, a cornice
may project into the public right-of-way. Maximum projection is the
smaller of four feet or 5% of the right-of-way width.
(7)
In commercial districts, a canopy may extend into a required
front yard, provided that the canopy is set back at least five feet
from the front property line, covers less than 15% of the area of
the required front yard and has a vertical clearance of at least eight
feet six inches.
(8)
Lampposts with a maximum height of 10 feet and flagpoles up
to maximum height of the base district may be located within required
yards, provided that they are set back at least five feet from property
lines.
(9)
Accessibility improvements, such as ramps, elevators and lifts,
may project a maximum of 10 feet into any required setback, but not
closer than three feet to any property line, per the following requirements:
(a)
The exception is necessary to meet the special accessibility
needs of a person with a physical handicap that impairs his or her
ability to access the property in a situation where accessibility
improvements cannot be addressed through the standard setback adjustments.
(b)
Visual impacts of the accessibility improvements located within
a required setback have been minimized.
(c)
The accessibility improvements will not impair visibility within
a required vision-clearance zone.
C.
Building setback adjustments.
(1)
Setbacks on built-up blockfaces. These provisions apply if 40%
or more of the buildings on that blockface have front yard setbacks
different from those required for the specific district.
(a)
If a building is to be built on a parcel of land within 100
feet of existing buildings on both sides, the minimum front yard shall
be the mean setbacks of the adjacent buildings.
(b)
If a building is to be built on a parcel of land within 100
feet of an existing building on one side only, the minimum front yard
shall be the setback of the adjacent building.
(c)
If a building is to be built on a parcel of land not within
100 feet of an existing building on either side, then the minimum
front yard shall be the mean setback of all existing buildings on
the blockface.
(d)
No setback adjustment pursuant to this section shall create
a required front yard setback more than five feet greater than that
otherwise required by the applicable zoning district.
(2)
Corner lots. Required setbacks shall not reduce the buildable
width of any corner lot to less than 24 feet. Appropriate setback
adjustments shall be allowed to maintain this minimum width.
D.
Rear yard exceptions for residential uses. For the purpose of determining
compliance with rear yard requirements on irregular lots used for
residential purposes, the rear yard is measured as the average distance
between the building line and the rear property line. However, the
shortest distance between the principal building and any rear property
line shall be no less than 60% of the rear yard required for the district.
E.
Double-frontage lots. Residentially zoned double-frontage lots on
a major street and with no access to that street may have a twenty-five-foot
minimum front yard setback along said street. All other double-frontage
lots must provide full front yard setbacks from each adjacent street.
F.
Antennas.
(1)
Antennas which are accessory to a principal use and are designed
to receive and transmit electromagnetic signals or to receive signals
from satellites shall not be located within any front yard of the
principal use.
(2)
Such antennas shall be located no less than 15 feet from the
property line of an adjacent property within a residential zoning
district.
G.
Vision-clearance zones. No structure, including a fence, may obstruct
vision between a height of 30 inches and 10 feet on any corner lot
within a vision-clearance zone, defined by a triangle with legs of
20 feet measured from the point at which the edge (or curb) of two
intersecting streets (private or public) meet. No landscaping shall
be planted in such area which will materially obstruct the view of
drivers approaching the street intersection.
These provisions allow exceptions to the height
limit of any zoning district in certain situations.
A.
Vertical projections. Chimneys, cooling towers, building
mechanical equipment, elevator bulkheads, fire towers, grain elevators,
nonparabolic receiving antennas, tanks, solariums, steeples, penthouses
not exceeding 25% of the total roof area, flagpoles, stage towers
or scenery lofts, and water towers may be built to any height in accordance
with existing ordinances.
B.
Amateur radio towers and Federal Communications Commission
pronouncements.
(1)
Radio towers, antennas and other appurtenances
operated by licensed amateur radio operators, where permitted and
when, may not exceed 75 feet in height. This height has been determined
by the City to reasonably accommodate amateur service communications,
and further represents the minimum practicable regulation to accomplish
legitimate municipal land use regulation purpose, as recognized under
published guidelines of the Federal Communications Commission.
(2)
Special instances may require that amateur radio
tower heights exceed 75 feet to achieve effective and reliable communications.
In such cases, the City Council may grant a special use permit to
a licensed amateur radio operator for a specific tower height that
exceeds 75 feet. In determining whether to grant such permission,
the City Council shall consider the federal guidelines contained in
PRB-1 (Amateur Radio Preemption), 101 FCC 2d (1985), codified at CFR
Section 97.15(e).
(3)
Such radio towers shall not be located within
any front yard of the principal use.
[Amended 5-3-2016 by Ord. No. 1719]
C.
Broadcast towers. Broadcast towers, when operated
by a federally licensed commercial or nonprofit organization, may
be built to any height in accordance with existing and future ordinances.
This exception does not apply to radio towers, antennas and other
appurtenances operated by licensed amateur radio operators.
D.
Civic buildings. Buildings housing civic use types
may be built to a maximum height of 75 feet. Such buildings located
in residential districts shall be set back one foot in addition to
required setbacks from each property line for each foot of height
over the maximum height of the zoning district.
E.
Wind energy conservation systems (WECS).
(1)
The distance from all lot lines or any building or power line
to any tower support base of a WECS shall be equal to the sum of the
tower height and the diameter of the rotor. A reduction of this requirement
may be granted as part of a special use permit approval if the Planning
Commission finds that the reduction is consistent with public health,
safety and welfare. No part of the WECS, including guy anchors, shall
be closer than five feet to any lot line.
[Amended 5-3-2016 by Ord.
No. 1717]
(2)
The distance between the tower support bases
of any two WECS shall be the minimum of five rotor lengths, determined
by the size of the largest rotor. A reduction of this requirement
may be granted as part of a special use permit approval if the Planning
Commission finds that the reduction does not impede the operation
of either WECS.
(3)
The WECS operation shall not interfere with
radio, television, computer or other electronic operations on adjacent
properties.
(4)
A fence six feet high with a locking gate shall
be placed around any WECS tower base; or the tower climbing apparatus
shall begin no lower than 12 feet above ground.
(5)
The WECS is exempt from the height restrictions
of the base district.
(6)
The
property owner shall have six months to complete decommissioning of
the WECS if no electricity is generated for a continuous period of
12 months. Decommissioning shall include removal of wind turbines,
buildings, cabling, electrical components, roads, and any other associated
facilities down to 36 inches below grade. Disturbed earth shall be
graded and reseeded, unless the Planning Director approves the landowner's
written request to maintain the access roads and/or not restore the
land surface to a native state.
(7)
Decibel levels for the WECS shall not exceed 60 decibels (dba)
measured at the closest neighboring inhabited dwelling unit, except
during short-term events such as utility outages and severe wind storms.
[Added 5-3-2016 by Ord.
No. 1717]
(8)
Signage on a WECS visible from public right-of-way is prohibited,
except the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
[Added 5-3-2016 by Ord.
No. 1717]
F.
Special use permit. The City Council, with the recommendation
of the Planning Commission, may grant an exception from the height
limit for a zoning district as part of approval of a special use permit.
The limit or extent of this exception shall be a specific part of
the special use permit.
G.
Federal Aviation Administration rules. No structure
may be built in any zoning district which exceeds the maximum height
permitted under the rules of the Federal Aviation Administration.
These rules describe the glide angles and operational patterns for
any airport within the planning jurisdiction of the City of Papillion.
A.
For any retaining wall visible from a public right-of-way,
residential zoning district, or residential use or any retaining wall
abutting a property line, sidewalk, or trail, the following requirements
shall apply:
(1)
Maximum height. A single retaining wall shall
not be more than five feet in height. Retaining walls may be used
in series, provided that each five-foot high wall is separated by
a horizontal shelf of not less than the height of the lower wall to
avoid placing the retaining wall on top of a forty-five-degree slip.
The horizontal shelf shall be landscaped with plant materials to soften
the image of the walls. Retaining walls located on property developed
as single-family, two-family, or duplex are exempt from the maximum
height requirement.
(2)
Retaining walls in a landscaped buffer. When
a retaining wall is located within a required landscape buffer at
a property boundary:
(a)
If the adjacent property is downhill from the
retaining wall, the landscaped buffer shall be located between the
retaining wall and the adjacent property.
(b)
If the adjacent property is uphill from the
retaining wall, the landscaped buffer shall be located between the
back of the retaining wall and the adjacent property.
(3)
Materials. Retaining walls shall be constructed
of decorative masonry, stone, or simulated stone that is compatible
in color, texture, size and scale to the materials used in the buildings
on the same site.
(4)
Pedestrian safety. Any retaining wall that exceeds
four feet in height and is adjacent to a residential use, residential
zoning district, public sidewalk or trail, public park, or civic use
shall have a fence, handrail, or uninterrupted shrubbery of at least
36 inches in height at the top. Fencing rules for the district shall
apply.
[Amended 9-20-2011 by Ord. No. 1624; 5-3-2016 by Ord. No. 1719; 4-4-2017 by Ord. No. 1766; 4-7-2020 by Ord. No. 1860]
A.
Location restriction. Unless otherwise provided by this chapter or
other sections of the Papillion Municipal Code, no fence shall be
built on any lot or tract outside the surveyed lot lines, or tract
outside the surveyed lot lines.
B.
Required openings. Unless otherwise provided by this chapter or other
sections of the Papillion Municipal Code, any fence built on residential
property within required front or street side yards shall contain
openings constituting no less than 50% of the surface area of the
fence; except that any fence located behind the front building line
within a street side yard may be opaque. On a double frontage lot,
where the rear yard is adjacent to a major street, the fence may be
opaque.
C.
Sight obstruction. No solid fence permitted or required by this chapter
or other sections of the Papillion Municipal Code shall be built within
a triangle formed by the adjacent side lines of two intersecting streets
and a line connecting points 30 feet on each leg from their point
of intersection; or in the case of corner lots, and only if the driveway
on an adjacent lot is obstructed, no fence shall be allowed in a triangle
formed by the adjacent side lot lines of two intersecting lot lines
and a line connecting points 20 feet on the side lot line of the corner
lot and 10 feet on the adjacent lot side lot line; or otherwise in
any manner create a traffic hazard or obstruction to visibility.
D.
Facing. The finished surfaces of any fence shall face toward adjacent
properties and street frontage. Fence posts and supporting structure,
when visible on one side and not the other or more visible on one
side than the other, should face inward. The Planning Director may
make a determination as to which side of a fence is the finished surface.
E.
Residential fences. Fences constructed for any residential use or
in any residential zoning district are subject to the following provisions:
(1)
Height. The maximum height of a fence within a required front
yard setback shall be three feet. The maximum height for any fence
outside of a required front yard shall be six feet, provided that
a sight obstruction is not caused by the placement of said fence.
For double frontage lots where the rear yard is adjacent to a major
street and the lot does not take direct access to the major street,
the maximum height of a fence within the rear yard shall be six feet,
as long as a sight obstruction at a street intersection is not created
by the placement of said fence.
(2)
Height exceptions for primary and secondary educational facilities
and Parks and Recreation services. The maximum height of any fence
installed as part of primary educational facility, secondary educational
facility or park and recreation use types within residential zoning
districts shall be eight feet.
(3)
Height exceptions for certain residential uses and for athletic
surfaces or fields. The maximum height of fences installed for any
residential use classified as multiple-family residential, condominium,
townhouse residential, group residential, retirement residential,
or for any nonresidential use within residential zoning districts
to enclose an athletic surface or field, such as a tennis court, baseball
field, or soccer field, to protect spectators from balls or similar
projectiles shall be 20 feet.
F.
Nonresidential fences. Fences constructed in any nonresidential zoning
districts are subject to the following provisions:
(1)
Height. The maximum height of a fence for any permitted use
in any nonresidential zoning district shall be eight feet, except
that the maximum height of fences installed to enclose an athletic
surface or field, such as a tennis court, baseball field, or softball
field, to protect spectators from balls or similar projectiles shall
be 20 feet.
(2)
(Reserved)
(3)
Height adjustment. The Board of Adjustment may approve greater
fence heights on a case-by-case basis if it concludes that such permission
furthers the health, safety, and welfare of the residents of the City
of Papillion.
G.
Golf course fences. Fences shall not be permitted between a building
line of the principal structure and a lot line that is adjacent to
a municipal golf course, except that:
(1)
A pool-enclosure fence required in Subsection H of this section is permitted with the following requirements:
(a)
The fence must be set back a minimum of eight feet from the
rear property line adjacent to the municipal golf course;
(b)
The fence shall be no less than 60% transparent;
(c)
The fence shall be designed to minimize sight obstruction for
neighboring lots;
(d)
The fence shall be constructed of vertical rigid vinyl, wrought
iron or other similar material approved by the Planning Director,
of which no piece other than supporting posts shall exceed 1.5 inches
in width and vertical openings shall be no less than three inches
in width other than supporting posts which shall not exceed four inches
in width; and
(e)
To qualify for a pool-enclosure fence along a municipal golf
course, the swimming pool must be permanent in nature, in-ground with
not more than 18 inches extending aboveground (except that a patio
or a deck that extends around the entire perimeter of the pool may
be considered at grade), and have a pool surface area of not less
than 200 square feet. Hot tubs and spas with covers are generally
not considered a swimming pool. Swimming pools that do not meet these
criteria cannot be granted a permit for a fence and therefore cannot
be installed on a lot abutting a municipal golf course.
(2)
A fence is permitted for Lots 306-328, Eagle Hills and Lot 1,
Eagle Hills Replat 2 with the following requirements:
(a)
The lot owner must provide, at his/her own expense, certification
from a geotechnical engineer that the proposed fence placement and
construction method will not adversely impact the stability of the
bluff slope. Acceptance of the certification is at the discretion
of the City Engineer or his/her designee;
(b)
The fence shall be no less than 60% transparent;
(c)
The fence shall be designed to minimize sight obstruction for
neighboring lots; and
(d)
The fence shall be constructed of vertical rigid vinyl, wrought
iron or other similar material approved by the Planning Director,
of which no piece shall exceed 1.5 inches in width other than supporting
posts which shall not exceed four inches in width; and vertical openings
shall be no less than three inches in width.
H.
Swimming pools: enclosure.
(1)
Every outdoor swimming pool or family pool shall be completely
surrounded by a fence or wall not less than six feet in height, which
shall be constructed as to not have openings, holes or gaps larger
than four inches in any dimension except for doors and gates; and
if a picket fence is erected or maintained, the horizontal dimension
shall not exceed four inches. A dwelling house or accessory structure
may be used as part of such enclosure. All gate and door openings
through such enclosure shall be equipped with a self-closing and self-latching
device for keeping the gate or door securely closed at all times when
not in actual use, except that the door of any dwelling which forms
a part of the enclosure need not be so equipped.
(2)
All fences enclosing private, residential or family pools shall
be constructed to conform to all other requirements of the City Building
Code regulations.
(3)
This requirement shall be applicable to all new swimming pools or family pools hereinafter constructed other than indoor pools. All existing swimming pools shall be subject to these enclosure regulations when said existing pools are no longer considered a nonconforming use pursuant to Article XXXIX of this chapter.
(4)
No person in possession of land within the zoning jurisdiction
of the City of Papillion, either as an owner, purchaser, lessee, tenant
or licensee, upon which is situated a swimming pool or family pool
having a minimum depth of 18 inches shall fail to provide or maintain
such fence or wall as herein provided.
(5)
The Board of Adjustment may make such modifications in individual
cases, upon showing good cause with respect to the height, nature
or location of the fence, wall, gates or latches or the necessity
therefor, provided that the protection as sought hereunder is not
reduced thereby.
[Amended 5-3-2016 by Ord.
No. 1717; 4-4-2017 by Ord. No. 1765]
Each separate principal use building within the planning jurisdiction
of the City shall be situated on a separate and single subdivided
lot of record, except that more than one principal building is permitted
on a separate and single subdivided lot of record as follows:
A.
Administration.
B.
Commercial recreation (high-impact).
C.
Condominium, townhouse, and multifamily developments.
D.
Group homes in all permitted districts except AG, RE, R-1, R-2, and
R-3.
E.
Hospital campuses.
F.
MU Mixed Use and PUD Planned Unit Development projects where multiple
principal buildings on a single lot were approved by City Council
as part of a development agreement.
G.
Office campuses and industrial campuses when approved as a large
project special use permit.
H.
Public assembly.
I.
Religious assembly.
J.
Secondary education and college campuses.
[Amended 5-3-2016 by Ord.
No. 1719; 4-4-2017 by Ord. No. 1765]
A.
Accessory buildings are subject to all site development
regulations of the zoning district, except as provided below:
(1)
Maximum building area. No accessory building classified as a
shed shall exceed 300 square feet in an R-1, R-2, R-3, or R-4 District.
No accessory building classified as a shed shall exceed 480 square
feet in an RE District. No other accessory building shall exceed 960
square feet in an R-1, R-2, R-3, R-4, or RE District, except that
an accessory building classified as a detached garage for multifamily
development in the R-4 District shall not exceed 1,750 square feet.
(2)
Number of accessory buildings allowed. In the R-1, R-2, R-3,
and R-4 Districts, not more than two accessory buildings are permitted
per lot, except for multifamily developments in the R-4 District and
schools in any district.
(3)
Height. In the R-1, R-2, R-3, and R-4 Districts, the maximum
height shall be 15 feet for any accessory building. In the RE District,
the maximum height for any accessory building shall be 20 feet. For
a detached garage with gambrel style roof, the height will be measured
from the average grade to the midpoint of the upper roof plane.
(4)
Building materials. Accessory buildings in excess of 200 square
feet must be constructed of materials that are consistent in type,
color, and scale of the principal building on the site, including
roof materials. Accessory buildings located in the AG District that
are used for agricultural use types shall be exempt from the building
materials requirement.
(5)
Front yards. In the AG, RE, R-1, R-2, R-3, and R-4 Districts,
no accessory building may be located between the front building line
of the principal building and the front property line, except that
accessory buildings located in the AG District that are used for agricultural
use types may be located between the front building line of the principal
building and the front property line, provided that the accessory
building meets the front yard setback for the AG District.
(6)
Interior side yards. An accessory structure may be located five
feet from the interior side lot line of the property only if such
accessory structure is located between the rear building line of the
principal building and the rear property line. Accessory buildings
in the AG, RE, R-1, R-2, R-3, and R-4 Districts that are not in excess
of 200 square feet and 10 feet in height shall be exempt from the
interior side yard setback, provided that the accessory building is
located between the rear building line of the principal building and
the rear property line. An accessory structure that is located between
the front building line of the principal building and the rear building
line of the principal building shall comply with the interior side
yard setback of the zoning district.
(7)
Street side yards. No detached garage shall be located within
20 feet from any street lot line. All other accessory structures shall
be located 15 feet from any street lot line, except that accessory
buildings in the AG, RE, R-1, R-2, R-3, and R-4 Districts that are
not in excess of 200 square feet and 10 feet in height shall be exempt
from the street yard setback, provided that the accessory building
is located between the rear building line of the principal building
and the rear property line. An accessory structure that is located
between the front building line of the principal building and the
rear building line of the principal building shall comply with the
street side yard setback of the zoning district.
(8)
Rear yard. The minimum rear yard setback for accessory structures
shall be eight feet, except that accessory buildings in the AG, RE,
R-1, R-2, R-3, and R-4 Districts that are not in excess of 200 square
feet and 10 feet in height shall be exempt from the rear yard setback.
This minimum rear yard setback shall be increased to 15 feet for an
accessory building that allows vehicular access from an alley. Double
frontage lots shall require front yard setbacks along both street
frontages, except that the standard eight-foot rear yard setback shall
be permitted when all of the following conditions are met:
(a)
The rear yard is adjacent to a major street and the lot does
not take direct access to the major street.
(b)
The total gross floor area of the accessory garage does not
exceed 480 square feet.
(c)
The maximum height of the accessory garage, measured to the
peak of the roof, does not exceed 20 feet.
(d)
No door greater than 40 inches in width is located on the side
of the accessory garage facing the major street.
(9)
Detached accessory structures.
(a)
Separation from other buildings. Detached accessory buildings
or structures shall be located no closer to any other accessory or
principal building, on the same or adjacent property, than as provided
in the local building code.
(b)
Detached garages shall have a hard surface driveway connected
to a street or alley. Detached garages located in the AG District
are exempt from this requirement.
(10)
Attached accessory structures. Any accessory building physically
attached to the principal building shall be considered part of the
principal building and subject to the development regulations of its
zoning district.
(11)
Effect on adjacent properties. If an adjacent lot is built upon,
the accessory structure must be entirely to the rear of the front
line of any principal building on such adjacent lot. No accessory
structure shall damage adjacent property by obstructing views, inhibiting
solar access or hindering ventilation.
(12)
Hazards. Any accessory structure that creates a potential fire
hazard shall be located a minimum of eight feet from any residential
structure. Such uses include but are not limited to detached fireplaces,
barbecue ovens or storage of flammable materials.
(13)
No accessory structure shall be built upon any lot until construction
of the principal building has begun.
[Amended 4-4-2017 by Ord.
No. 1766]
