The following rules of construction shall apply unless inconsistent
with the plain meaning of the context of this chapter.
A.
Tense. Words used in the present tense shall include the future tense.
B.
Number. Words used in the singular shall include the plural, and
words used in the plural shall include the singular.
C.
Shall and may. The word "shall" is mandatory; the word "may" is permissive.
D.
Gender. The masculine shall include the feminine and neuter.
E.
Headings. In the event that there is any conflict or inconsistency
between the heading of an article, section, or subsection of this
chapter and the context thereof, said heading shall not be deemed
to affect the scope, meaning, or intent of such context.
A.
The word "City" shall mean the City of Papillion, Nebraska.
B.
The words "City Council" shall mean the City Council of the City
of Papillion, Nebraska.
C.
The words "federal government" shall mean the national government
of the United States of America.
D.
The words "Planning Commission" shall mean the Planning Commission
of the City of Papillion, Nebraska, as duly appointed by the Mayor
and approved by the City Council.
E.
The words "planning jurisdiction" or "jurisdiction of this chapter"
shall mean the area of planning jurisdiction of the City of Papillion,
as designated on the Official Zoning Map of Papillion, Nebraska, as
the same may be amended from time to time pursuant to annexations,
ordinances, and applicable laws and regulations.
A.
Text of definitions. Words or terms not herein defined shall have
their ordinary meaning in relation to the context.
B.
ALLEY
AMERICANS WITH DISABILITIES ACT (or ADA)
BLOCK
BUILDING LINE
CITY ADMINISTRATOR
CITY ENGINEER
CLERK
COLLECTOR STREET
COMMON OPEN SPACE
COMMON SEWER SYSTEM
COMMON WATER SYSTEM
COMPREHENSIVE PLAN
CUL-DE-SAC
CULVERT
DEAD-END STREET
EASEMENT
ENGINEER
FIRE CHIEF
FRONTAGE
IMPROVEMENTS
LOOP STREET
LOT
LOT DEPTH
LOT FRONTAGE
LOT OF RECORD
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, REVERSED-FRONTAGE
LOT, THROUGH
LOT, ZONING
MONUMENTS
OPEN SPACE
OUTLOT
PAPILLION CREEK STORMWATER MANAGEMENT POLICIES
PEDESTRIANWAYS
PLANNED UNIT DEVELOPMENT
PLANNING DEPARTMENT
PLANNING DIRECTOR
PLAT
PLAT, FINAL
PLAT, PRELIMINARY
PUBLIC HEARING
PUBLIC RIGHTS-OF-WAY ACCESS GUIDELINES (PROWAG)
PUBLIC WAY
REPLAT
RIGHT-OF-WAY
SETBACK LINE
SEWERS, CENTRAL OR GROUP
SEWERS, ON-SITE
SIDEWALK
SOUTHERN SARPY STORMWATER MANAGEMENT POLICIES
STREET LINE
SUBDIVIDER
SUBDIVISION
THOROUGHFARE, STREET, or ROAD
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
TREE CANOPY
VICINITY MAP
WALKWAY
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
YARD, STREET SIDE
ZONING AREA
As used in this chapter, the following terms shall have the meanings
indicated:
See "thoroughfare."
Civil rights legislation adopted by the federal government
that prohibits discrimination and guarantees that people with disabilities
have the same opportunities as everyone else to participate in the
mainstream of American life: to enjoy public accommodations, employment
opportunities, and transportation, to purchase goods and services,
and to participate in state and local government programs and services,
etc.
A tract or parcel of land bounded by public streets or lands,
streams, railroads, unplatted lands or a combination thereof.
See "setback line."
The City Administrator of the City of Papillion. For the
purposes of this chapter, this definition shall include any authorized
designee of the City Administrator.
The City Engineer of the City of Papillion. For the purposes
of this chapter, this definition shall include any authorized designee
of the City Engineer.
The City Clerk of the City of Papillion. For the purposes
of this chapter, this definition shall include any authorized designee
of the Clerk.
See "thoroughfare."
An area of land or water, or combination thereof, planned
for passive or active recreation, but does not include area utilized
for streets, alleys, driveways, or private roads, off-street parking,
or loading areas. However, the area of recreational activities, such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
A sanitary sewage system in public ownership that provides
for the collection and treatment of domestic effluent to a central
sewage treatment plant that meets the minimum requirements of the
Nebraska Department of Environmental Control for primary and secondary
sewage treatment and which does not include individual septic tanks
or portable sewage treatment facilities.
A water system which provides for the supply, storage, and
distribution of potable water on an uninterrupted basis and which
is in public ownership.
Unless otherwise specified, the most current plan or series
of plans for the future development of the City recommended by the
Planning Commission and adopted by the City Council, including any
amendments to said plan(s) approved by City Council.
See "thoroughfare."
A transverse drain under a street or driveway.
See "thoroughfare."
A property interest granted by a property owner to the public,
a corporation, or other person(s), etc., for the use of such property
owner's real property, or a portion or right thereof, for a specific
purpose or purposes.
Any person who is designated by the City to approve portions
of a proposed subdivision as specified in these regulations as requiring
an engineer's approval.
The Fire Chief of the City of Papillion. For the purposes
of this chapter, this definition shall include any authorized designee
of the Fire Chief.
The length of the property abutting on one side of a street
measured along the dividing lines between the property and the street.
Street pavement or resurfacing, curbs, gutters, sidewalks,
waterlines, sewer lines, storm drains, streetlights, flood control
and drainage facilities, utility lines, landscaping, and any other
related man-made or altered appurtenances or matters associated with
the development or redevelopment of real property.
See "thoroughfare."
A parcel of land of at least sufficient size to meet minimum
zoning and subdivision requirements for use, coverage, and area, and
to provide such yards and other open spaces as are herein required.
Such lot shall have frontage on an improved public or private street
and may consist of a single lot of record; a combination of complete
lots of record and portions of lots of record; a parcel of land described
by metes and bounds, provided that in no case of division or combination
shall any residential lot or parcel be created which does not meet
the requirements of this chapter.
The distance between the midpoints of a straight line connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
The front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as indicated under
"yards" in this article.
A lot that is part of a subdivision filed and recorded in
the office of the Sarpy County Register of Deeds.
Width of a lot shall be considered to be the distance between
straight lines connecting front and rear lot lines at each side of
the lot, measured across the rear of the required front yard.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points of the
side lot lines and the foremost point of the lot meet at an interior
angle of less than 135°.
A lot with only one frontage on a street.
A lot in which the frontage is at right angles or approximately
right angles, interior angle less than 135°, to the general pattern
in the area.
A lot other than a corner lot with frontage on more than
one street. A through lot abutting two streets may be referred to
as a "double-frontage lot."
A parcel or tract of land used, developed, or built upon
as a unit under single ownership or control. Said parcel or tract
may consist of one or more lots of record, one or more portions of
a lot or lots of record, or any combination thereof.
Monumentation used to establish definitely all lines of the
plat of a subdivision, including all lot corners, boundary line corners,
and points of change in street alignment, which shall be in conformance
with the minimum standards for surveys adopted by the Nebraska State
Board of Examiners for Land Surveyors.
An area open to the sky that may be on the same lot with
a building. The area may include, along with the natural environmental
features, swimming pools, tennis courts, and/or any other recreational
facilities that the City Council deems permissive. Streets, structures
for habitation, and the like shall not be included in this definition.
A portion of a subdivision intended and reserved, as a unit, for public purposes or as a private common area that has restrictions for transfer of ownership and building development that are designated by the subdivider at the time of filing the initial plat in conformity with the regulations herein. See § 170-16N.
A set of policies for the management of stormwater within
the Papillion Creek watershed adopted by the City Council as part
of the Comprehensive Plan.
Tract of land dedicated to public use, which cuts across
a block to facilitate pedestrian access to adjoining streets or properties.
Special development of certain tracts of land that are planned and designed as a unit for one or more land uses under the regulations and procedures contained in Chapter 205, Zoning, of the Papillion Municipal Code and as approved by the City Council.
The Planning Department of the City of Papillion, which department
is authorized and empowered by the City Council to administer the
requirements of this chapter.
The Planning Director of the City of Papillion. For the purposes
of this chapter, this definition shall include any authorized designee
of the Planning Director.
A map, drawing, or chart that delineates the subdivision
of land, as presented by the subdivider. A plat commonly shows lots,
blocks, streets, and other features relevant to the development and
improvement of the property.
The final plan of the plat, subdivision, or dedication of
land prepared for filing or recording in accordance with this chapter.
A map, drawing, or chart with supporting documents, which
represents a subdivision proposal upon which a corresponding final
plat is to be based following City Council approval of such preliminary
plat. A preliminary plat is not intended as a document to be filed
and recorded with the Sarpy County Register of Deeds.
A meeting held pursuant to a public notice published as required
by law prior to the meeting, in a newspaper of general circulation
within the City, which notice shall set forth date, time, and place
of meeting and the legal description of the real property involved.
Guidelines developed by the United States Access Board to
cover pedestrian access to sidewalks and streets, including but not
limited to crosswalks, curb ramps, street furnishings, pedestrian
signals, parking, and other components of public rights-of-way. PROWAG
requirements shall also apply to all publicly accessible private streets
within dedicated easements or outlots. All references in this document
to "ADA" or "Americans with Disabilities Act" shall include PROWAG.
An alley, avenue, boulevard, bridge, channel, ditch, easement,
expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk,
street, viaduct, walk, or other ways in which the general public or
a public entity has a right or which are dedicated, whether improved
or not.
A plat representing a reconfiguration of land that has previously
been included in a recorded plat.
A strip of land taken or dedicated for use as a public way.
In addition to the roadway, "right-of-way" normally incorporates the
curbs, lawn strips, sidewalks, lighting, and drainage facilities,
and may include special features (as required by the topography or
treatment), such as grade separation, landscaped areas, viaducts,
and bridges.
A line established by Chapter 205, Zoning, of the Papillion Municipal Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground except as provided in said Code.
See "common sewer system."
A septic tank or similar installation on an individual lot
which utilizes an aerobic bacteriological process or equally satisfactory
process for the elimination of sewage and provides for the proper
and safe disposal of the effluent, subject to the approval of health
and sanitation officials' jurisdiction and the State of Nebraska Department
of Environment and Energy.
That portion of the road right-of-way outside the roadway,
which is improved for the use of pedestrian traffic. See "walkway."
A set of policies for the management of stormwater within
the Southern Sarpy watershed adopted by the City Council as part of
the Comprehensive Plan.
A dividing line between a lot, tract, or parcel of land and
the contiguous right-of-way line of a street.
Any individual, firm, association, syndicate, partnership,
corporation, trust, government entity, or any other legal entity commencing
proceedings under these regulations to effect a subdivision of land
hereunder.
The division of any lot, tract, or parcel of land shown as
a unit or as contiguous units on the last preceding tax roll prior
to February, 1980, into two or more parcels, sites, or lots, for the
purpose, whether immediate or future, of ownership or building development;
provided, however, that the division or partition of land into parcels
of more than 10 acres not involving any new streets or easements of
access, and the sale or exchange of parcels between adjoining lot
owners, where such sale or exchange does not create additional building
sites, shall be exempted.
The full width between property lines bounding every public
way of whatever nature, with a part thereof to be used for vehicular
traffic and designated as follows:
ALLEYA dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.
ARTERIAL STREETA street which provides for through traffic movement between and around streets with direct access to abutting property, subject to necessary control of entrances, exits, and curb use.
COLLECTOR STREETA street which provides for traffic movement between arterials and local streets, with direct access to abutting property.
LOCAL STREETA street which provides direct access to abutting land and local traffic movement, whether in business, industrial, or residential land.
CUL-DE-SACA local street of relatively short length with one end open to traffic and the other end terminating in a vehicle turnaround.
DEAD-END STREETA street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
LOOP STREETA type of local street, each end of which terminates at an intersection with the same arterial or collector street or other local street and whose principal radius points of the 180° system of turns are not more than 1,000 feet from said arterial or collector street nor normally more than 600 feet from each other.
MARGINAL ACCESS STREET (also called a "frontage street")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.
The collective branches and foliage of a group of five or
more tree crowns that is usually represented as canopy diameter measured
across the canopy from dripline to dripline at an average canopy width.
A drawing located on the preliminary plat that sets forth
the geographic relationship of the proposed subdivision to the surrounding
area. Features to be noted on the vicinity map include major streets,
railroads, and public areas.
A dedicated public way, four feet or more in width, for pedestrian
use only, whether along the side of the road or not.
That portion of a lot that 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 Chapter 205, Zoning, of the Papillion Municipal Code.
The space extending the full width of a lot, lying between
the front lot line and the front setback line.
The space extending the full width of a lot, lying between
the rear lot line and the rear setback line.
The space extending from the front yard to rear yard, lying
between the side yard setback line and the interior lot line.
On 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.
The area subject to the provisions of zoning and subdivision
regulations as set on the Official Zoning Map of the City of Papillion,
Nebraska.
