The administration and procedures provisions
establish the methods for implementation of this chapter. These provisions
include procedures for reviewing specific uses within certain zoning
districts, amending this chapter and granting variances.
[Amended 9-7-2010 by Ord.
No. 1597]
A. Purpose. The site plan review procedure provides for
administrative review in addition to the plan review required by other
sections of the Papillion Municipal Code of projects that have potentially
significant effects on traffic circulation or a significant effect
on land uses in adjacent neighborhoods. The procedure provides for
review and evaluation of site development features and possible mitigation
of unfavorable effects on surrounding property.
B. Administration. The Planning Director or his/her designee
shall review, evaluate and act on all site plans submitted pursuant
to this procedure. An applicant may appeal a denial of any application
to the Board of Adjustment.
C. Uses requiring site plan review. All commercial, industrial,
office and civic uses and attached residential uses of two or more
units shall follow the site plan review procedure prior to the issuance
of a building permit, unless they are otherwise subject to a special
use permit procedure for specific zoning districts.
D. Application requirements. An application for a site
plan review may be filed by the owner(s) of a property, or the owner's
authorized agent, with the Planning Director. The application shall
include the following information:
(1)
The name and address of the applicant.
(2)
The owner, address and legal description of
the property.
(3)
A description of the nature and operating characteristics
of the proposed use.
(4)
A site plan, drawn to a scale sufficient to
permit adequate review and dimensioned as necessary, showing the following
information:
(a)
The date, scale, North point, title, name of
owner and name of person preparing the site plan.
(b)
The location and dimensions of boundary lines,
easements and required yards and setbacks of existing and proposed
buildings and site improvements.
(c)
The location, size, height and use of proposed
and existing structures on the site.
(d)
The location of all proposed site improvements,
including parking stalls and loading areas, pedestrian and vehicular
access, sewers, sidewalks, utilities, service areas, fencing, retaining
walls greater than 30 inches above grade, screening, landscaping,
and lighting.
(e)
The location of any major site feature, including
drainage and contours at no greater than five-foot intervals, proposed
finished grades, and, as applicable, flood hazard areas, floodplains,
floodways, and design flood elevations.
(f)
The location and detail of all signs.
(g)
Any other information that may be required for
review by the Planning Director or his/her designee.
(5)
A landscape plan indicating the type of material,
quantity, size at time of installation, mature height and spread of
all plantings. All plantings and grass beds are to be labeled on the
landscape plan.
E. Administrative action and appeal. The Planning Director
or his/her designee must act upon each complete application within
10 working days of filing. An applicant may appeal a denial to the
Board of Adjustment within 10 days of the action. The Board of Adjustment
shall consider the appeal at the first available meeting after the
filing of the appeal.
F. Review and evaluation.
(1)
The Planning Director or his/her designee (or
the Board of Adjustment in cases of appeal) shall review and approve
the site plan based on the criteria established in the Table 205-301
and conformance with applicable regulations in this chapter.
[Amended 4-4-2017 by Ord.
No. 1766]
(2)
The Planning Director or his/her designee (or
the Board of Adjustment in cases of appeal) shall make the following
findings before approval of the site plan:
(a)
The proposed development, together with any
necessary modifications, is compatible with the criteria established
in Table 205-301.
[Amended 4-4-2017 by Ord.
No. 1766]
(b)
Any required modifications to the site plan
are reasonable and are the minimum necessary to minimize potentially
unfavorable effects.
(c)
The site plan conforms to this chapter.
G. Modification of site plan. The Planning Director or
his/her designee (or the Board of Adjustment in cases of appeal) may
require modification of a site plan as a prerequisite for approval.
Required modifications may be more restrictive than base district
regulations and may include but not be limited to additional landscaping
or screening; installation of erosion-control measures; improvement
of access or circulation; rearrangement of structures on the site;
or other modifications deemed necessary to protect the public health,
safety, welfare, community character, property values and/or aesthetics.
H. Term and modification of approval.
(1)
A site plan approval shall become void two years
after the date of approval, unless the applicant receives a building
permit and diligently carries out development prior to the expiration
of this period.
(2)
The Planning Director or his/her designee may
approve an application to modify a previously approved site plan if
he/she determines that the modification does not affect findings related
to the criteria set forth in Table 205-301.
[Amended 4-4-2017 by Ord.
No. 1766]
(3)
The Planning Director or his/her designee may
revoke a site plan approval if he/she determines that the development
is not complying with the terms and conditions of the approval. Such
revocation may be appealed to the Board of Adjustment.
I. Approval to run with land. An approval pursuant to
this article shall run with the land until the expiration date of
such approval.
[Amended 4-4-2017 by Ord.
No. 1766]
|
Table 205-301
Criteria for Site Plan and Special Use
Permit Review
[Amended 2-19-2019 by Ord. No. 1817]
|
---|
|
|
Applications to
|
---|
|
Type
|
Criteria
|
Site Plan Review
|
Special Use Permit
PUD-1 and PUD-2
|
---|
|
Land Use Compatibility
|
|
|
|
|
Development density
|
Site area per unit should be similar to surrounding
uses if not separated by major natural or artificial features.
|
|
X
|
|
Height and Scale
|
|
|
|
|
Height and bulk
|
Development should minimize differences in height
and building size from surrounding structures. Differences should
be justified by urban design considerations.
|
X
|
X
|
|
Setbacks
|
Development should respect pre-existing setbacks
in surrounding area. Variations should be justified by site or operating
characteristics.
|
X
|
X
|
|
Building coverage
|
Building coverage should be similar to that
of surrounding development if possible. Higher coverage should be
mitigated by landscaping or site amenities.
|
X
|
X
|
|
Site Development
|
|
|
|
|
Frontage
|
Project frontage along a street should be similar
to lot width.
|
X
|
X
|
|
Parking and internal circulation
|
Parking should serve all structures with minimal
conflicts between pedestrians and vehicles.
|
X
|
X
|
|
|
All structures must be accessible to public
safety vehicles.
|
X
|
X
|
|
|
Development must have access to adjacent public
streets and ways. Internal circulation should minimize conflicts and
congestion at public access points.
|
X
|
X
|
|
Landscaping
|
Landscaping should be integral to the development,
providing street landscaping, breaks in uninterrupted paved areas,
and buffering where required by surrounding land uses. Parts of a
site with sensitive environmental features or natural drainageways
should be preserved.
|
X
|
X
|
|
Building Design
|
Architectural design and building materials
should be compatible with surrounding areas or highly visible locations.
|
X
|
|
|
|
Project design must be consistent with the City
of Papillion's design guidelines.
|
X
|
X
|
|
Operating Characteristics
|
|
|
|
|
Traffic capacity
|
Project should not reduce the existing level
of traffic service on adjacent streets. Compensating improvements
will be required to mitigate impact on street system operations.
|
X
|
X
|
|
External traffic effects
|
Project design should direct nonresidential
traffic away from residential areas.
|
X
|
X
|
|
Operating hours
|
Projects with long operating hours must minimize
effects on surrounding residential areas.
|
X
|
X
|
|
Outside storage
|
Outside storage areas must be screened from
surrounding streets and less-intensive land uses.
|
X
|
X
|
|
Age sensitivity
|
The location of use types that offer age-restricted services
(such as: body art services, gun sales, tobacco sales, cocktail lounge,
gaming facilities, and liquor sales) should be compatible with surrounding
existing uses. Also, grouping of these use types should generally
be discouraged
|
|
X
|
|
Public Facilities
|
|
|
|
|
Sanitary waste disposal
|
Developments within 500 feet of a public sanitary
sewer must connect to the sewer system. Individual disposal systems,
if permitted, shall not adversely affect public health, safety or
welfare.
|
X
|
X
|
|
|
Sanitary sewer must have adequate capacity to
serve the development.
|
X
|
X
|
|
Stormwater management
|
Development should handle stormwater adequately
to prevent overloading of the public stormwater management system.
|
X
|
X
|
|
|
Development should not inhibit development of
other properties.
|
X
|
X
|
|
|
Development should not increase probability
of erosion, flooding, landslides or other runoff-related effects.
|
X
|
X
|
|
|
Development should maximize use of best stormwater
management practices.
|
X
|
X
|
|
Utilities
|
Project must be served by utilities.
|
X
|
X
|
|
|
Rural estate subdivisions should be located
in designated areas which can accommodate utility and infrastructure
installation consistent with the need to protect the environment and
public health.
|
X
|
X
|
|
Comprehensive Plan
|
Projects should be consistent with the City
of Papillion's Comprehensive Development Plan.
|
X
|
X
|
Upon the automatic extension of the extraterritorial jurisdiction due to annexation, the City Council, with the recommendation of the Planning Commission, shall zone properties within the newly established jurisdiction as described in §
205-35.
The Board of Adjustment shall have only the
following powers and duties:
A. Administrative review: to hear and decide appeals
where it is alleged there is error in any order, requirement, decisions
or determination made by the Planning Director or his/her designee
in the enforcement of this chapter or any regulation relating to the
location or soundness of structures.
B. Interpretation of Zoning Map: to hear and decide,
in accordance with the provisions of any zoning regulation, requests
for interpretation of any map.
C. Variances to relieve hardships relating to profit:
to authorize, upon appeal, variances from the strict application of
this chapter where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property at the time of enactment
of the zoning regulations, or by reason of exceptional topographic
conditions or other extraordinary and exceptional situation or condition
of such piece of property, such strict application would result in
peculiar and exceptional practical difficulties to or exceptional
and undue hardships upon the owner of such property.
(1)
Requirements for grant of a variance. No such
variance shall be authorized by the Board unless it finds that:
(a)
Strict application of this chapter will produce
undue hardship.
(b)
Such hardship is not shared generally by other
properties in the same zoning district and in the same vicinity.
(c)
The authorization of such variance will not
be of substantial detriment to adjacent property, and the character
of the district will not be changed by the granting of the variance.
(d)
The granting of such variance is based upon
reason of demonstrable and exceptional hardship as distinguished from
variations for purposes of convenience, profit or caprice.
(e)
The condition or situation of the property concerned
is not of so general or recurring a nature as to make reasonably practicable
a general regulation to be adopted as an amendment to this chapter.
(f)
The granting of the variance will not cause
substantial detriment to the public good and will not substantially
impair the intent and purpose of any ordinance or resolution.
(2)
Findings by Board. The Board of Adjustment shall make findings that the requirements of Subsection
C(1) have been met by the applicant for a variance.
(3)
Conditions for grant of variance.
(a)
In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under §
205-312 of this chapter.
[Amended 4-4-2017 by Ord.
No. 1766]
(b)
Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under the terms of
this chapter in the district involved or any use expressly or by implication
prohibited by the terms of this chapter in said district.
(c)
No nonconforming use of neighboring lands, structures
or buildings in the same district and no permitted or nonconforming
use of lands, structures or buildings in other districts shall be
considered grounds for the issuance of a variance.
D. Board has powers of Planning Director on appeals:
reversing decisions of Planning Director.
(1)
In exercising the above-mentioned powers, the
Board of Adjustment may, so long as such action is in conformity with
the terms of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination as ought
to be made and to that end shall have the powers of the Planning Director
from whom the appeal is taken.
(2)
The concurring vote of four members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the administrative official, or to decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter, or to effect any variation in the application of this
chapter.
Any person or persons, or any board, taxpayer,
officer, department, board or bureau of the City aggrieved by any
decision of the Board of Adjustment may seek review of such decision
by the District Court for the county in the manner provided by the
laws of the state and particularly by Neb. R.R.S. § 19-912
(Reissue 1991), and amendments thereto.
Whenever a violation of this chapter occurs
or is allowed to have occurred, any person may file a written complaint.
Such complaints, stating fully the causes and basis thereof, shall
be filed with the Planning Director or his/her designee. He/she shall
record properly such complaint immediately, investigate and take action
thereon as provided by this chapter.