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.
[Amended 2-7-2012 by Ord. No. 1632; 2-7-2012 by Ord. No. 1633; 7-15-2014 by Ord. No. 1695; 5-3-2016 by Ord. No. 1719; 5-3-2016 by Ord. No. 1731; 4-4-2017 by Ord. No. 1765; 5-16-2017 by Ord. No. 1764; 7-3-2018 by Ord. No. 1804; 3-3-2020 by Ord. No. 1867; 4-7-2020 by Ord. No. 1860; 8-17-2021 by Ord. No. 1935; 12-17-2024 by Ord. No. 2037]
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.
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.
For floodplain management purposes, shall mean a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
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 Director of Building and Fire Safety of any provision of this chapter or a request for a variance.
A series of arches supported on piers or columns.
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.
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.
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.
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 non-movable 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.
An official certificate issued by the Chief Building Official, or his/her designee, upon a finding of conformance with the Unified Building Code[2] and upon receipt of zoning approval.
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.
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."
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the City.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading, or the pouring of concrete pads).
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:
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.
A deposit of materials of any kind placed by artificial means.
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.[3]
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.
Any room or enclosed floor space, constructed or built, which may wholly or partially be used or intended to be used for living, sleeping or cooking; specifically excludes camping tents which may be readily and easily removed.
A pole sign associated with any applicable premises that is located in whole or in part within the I-80 Sign Corridor.
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 parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
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 manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City.
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.
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.[4] Vehicle storage is also governed by the provisions of Article XXXVI, Off-Street Parking.
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.
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.
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 building that was constructed or substantially improved after the community's initial Flood Insurance Rate Map dated August 8, 1972.
A building that was constructed or substantially improved before the community's initial Flood Insurance Rate Map dated August 8, 1972.
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.
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.
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.
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.
Maintenance necessary to keep a structure in a safe and habitable condition and does not impact flows or increase surface water elevations, provided it is not 1) associated with any general improvement of the structure, 2) associated with repair of any damage sustained to any element of the structure or beyond normal wear and tear or 3) performed in conjunction with another routine maintenance activity. Routine maintenance includes:
Normal maintenance of structures such as re-roofing, replacing roofing tiles, and replacing siding;
Exterior and interior painting, papering, tiling, carpeting, countertops, and similar finish work;
Basement sealing;
Repairing or replacing damaged or broken windows and doors;
Repairing plumbing systems, electrical systems, heating or air-conditioning systems, and repairing wells or septic systems.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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Editor's Note: The former definition of "floor area ratio," which immediately followed, was repealed 2-19-2019 by Ord. No. 1817.
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Editor's Note: Table 205-38 is included as an attachment to this chapter.