The supplemental use regulations set forth additional
standards for certain uses located within the various zoning districts.
These regulations recognize that certain use types have characteristics
that require additional controls in order to protect public health,
safety and welfare. These regulations complement the use regulations
contained in this chapter.
Nothing in these provisions shall relieve any
property owner or user from satisfying any condition or requirement
associated with a previous approval, special use permit, variance,
development permit or other permit issued under any local, state or
federal ordinance or statute.
A. Horticulture and crop production: retail sales. Retail
operation of garden centers or roadside stands associated with a primary
agricultural use may be permitted in the AG District, subject to the
following requirements:
[Amended 5-3-2016 by Ord. No. 1719]
(1)
Garden centers.
(a)
A garden center is a building or premises used
for the retail sale of plant materials or items useful in the growing
or display of lawns, gardens and plants.
(b)
Garden centers must conform to all site development
regulations for the zoning district and must be operated by the owner
or operator of the principal agricultural use on the site.
(c)
Any garden center adjacent to a residential district must maintain a twenty-foot landscaped buffer yard, consistent with the standards established in §
205-227.
(d)
A garden center may be permitted in the AG Agricultural
District only by issuance of a special use permit.
B. Animal production in the RE District.
(1)
Breeding and raising of small animals and fowl,
such as birds, rabbits, chinchilla and hamsters, are permitted in
the RE District, provided that any building housing such animals shall
be at least 50 feet from any property line and 25 feet from any dwelling
unit on the site.
(2)
Within the RE District, any lot of one acre
and over may maintain one horse, llama or other equine and/or hoofed
animal and its immature offspring. Such a lot may have one additional
animal for each additional two acres of lot area, up to a maximum
total of three animals. No stable shall be located closer than 50
feet to any dwelling unit on the site.
C. Commercial feedlots. No new commercial feedlots or
confined animal feeding operations (CAFOs) shall be established within
the zoning jurisdiction of the City of Papillion.
[Amended 4-4-2017 by Ord.
No. 1765]
The table contained in this section displays the maximum permitted sound levels that may be generated by uses in the CC, GC, LI or GI Zoning Districts where adjacent to residential zoning districts. All measurements shall be taken at or within the boundary between the originating district and the adjacent residential zoning district with a sound level meter meeting ANSI specifications for a Type II or better general purpose sound level meter. The A-weighted response shall be used. Notwithstanding the foregoing, any lot granted a waiver or entertainment venue designation in accordance with Chapter
135 of the Papillion Municipal Code shall be exempt from §
205-205 during such period of time that a waiver or entertainment venue designation is in force.
Maximum Permitted Sound Levels Adjacent to Residential Districts
|
---|
Originating Zoning District/Time
|
Maximum One-Hour Leq1
(dbA)
|
---|
CC, GC, LI
|
|
|
7:00 a.m. to 10:00 p.m.
|
70
|
|
10:00 p.m. to 7:00 a.m.
|
55
|
GI
|
|
|
7:00 a.m. to 10:00 p.m.
|
70
|
|
10:00 p.m. to 7:00 a.m.
|
55
|
NOTE:
|
1
|
Leq is the constant sound level that in a given situation and
time period conveys the same sound energy as the actual time varying
A-weighted sound. It is the average sound level and accurately portrays
the sound the human ear actually hears.
|
[Amended 5-3-2016 by Ord.
No. 1719; 11-17-2020 by Ord. No. 1899; 9-21-2021 by Ord. No. 1923]
A. Home-based businesses/home occupations. Home-based businesses and
home occupations are permitted as an accessory use in residential
units subject to the following conditions:
(1)
External effects.
(a)
There shall be no change in the exterior appearance of the building
or premises housing the home occupation.
(b)
No noise, odors, bright lights, electronic interference, storage
or other external effects attributable to the home occupation shall
be noticeable from any adjacent property or public right-of-way.
(c)
The home occupation shall be carried on entirely within the principal residential structure and/or within a detached accessory structure approved by the City in accordance with these zoning regulations. All external effects criteria in Subsection
A(1)(a),
(b),
(d),
(e),
(f) and
(g) of this section are applicable for the detached accessory structure. Signage is not allowed upon the detached accessory structure.
(d)
Mechanical or electrical equipment supporting the home occupation
shall be limited to that which is self-contained within the structure
and normally used for office, domestic or household purposes.
(e)
No outdoor storage of materials or equipment used in the home
occupation shall be permitted, other than motor vehicles used by the
owner to conduct the occupation. Parking or storage of heavy commercial
vehicles to conduct the home occupation is prohibited. Open trailers
under 20 feet in length must have contents covered overnight.
(f)
Overnight parking of more than two motor vehicles or trailers
used by the owner to conduct the home occupation is prohibited. For
example, the combination of one truck and one trailer would equal
the maximum permitted number of vehicles permitted to park overnight.
(g)
No home occupation shall discharge into any sewer, drainageway
or the ground any material which is radioactive, poisonous, detrimental
to normal sewer plant operation or corrosive to sewer pipes and installations.
(2)
Employees. The home occupation shall employ no more than one
full-time or part-time employee on site other than the residents of
the dwelling unit, provided that one off-street parking space in addition
to those otherwise required by the residential use is made available
and used by that nonresident employee.
(3)
Extent of use. For all residential and agricultural zoning districts,
a maximum percent floor area of 30% of the dwelling may be devoted
to the home occupation, inclusive of any detached accessory structures
used for the home occupation.
(4)
Signage. Signage designating the home occupation is considered
a residential sign for the purpose of this chapter. Within residential
zoning districts, one sign with a maximum of two square feet is permitted
to identify the home occupation.
(5)
Traffic generation.
(a)
Home-based businesses may generate no more than 20 vehicle trips
per day, or approximately twice the average trip generation of a housing
unit according to the Institute of Transportation Engineers. Peak-hour
traffic generation may not exceed 10 vehicle trips. Pick-ups or deliveries
involving trucks, trailers or commercial vehicles shall not exceed
10 individual trips daily.
(b)
Deliveries or service by commercial vehicles or trucks over
10 tons' gross empty weight is prohibited for any home-based business
located on a local street.
(6)
Prohibited home-based businesses/home occupations.
(a)
Beauty and barber shops. Beauty and barber shops may be allowed
in the AG, R-2, R-3 and R-4 Zoning Districts with a special use permit.
They are not permitted in any other district as a home occupation.
(b)
Welding, vehicle body repair or rebuilding or dismantling of
vehicles is not permitted as home-based businesses.
B. Permitted accessory uses: residential uses. Residential uses may
include the following accessory uses, activities and structures on
the same lot:
(1)
Private garages and parking for the residential use.
(2)
Recreational activities and uses by residents.
(3)
Home occupations, subject to §
205-208A of these regulations.
(4)
Residential convenience services for multifamily uses or mobile
home parks.
(5)
Garage sales, provided that the frequency of such sales at any
one location shall not exceed one during a continuous two-month period
or four sales during any twelve-month period.
(6)
Secondary residence in an accessory structure, such as a caretaker's
residence, guest home, granny flat or hired-hand quarters with the
issuance of a special use permit.
(7)
Licensed catteries, subject to the provisions of Chapter
85 of the Papillion Municipal Code.
C. Permitted accessory uses: civic use types.
(1)
Guidance services and health-care use types are permitted in
the GI General Industrial Zoning District only as accessory uses to
a principal industrial use.
(2)
Child-care centers and preschool use types are permitted as
accessory uses to and on the same site as administration, college
and university facilities, emergency residential services, primary
educational facilities, religious assembly, and secondary educational
facilities, provided that the site can comply with off-street parking
requirements.
D. Permitted accessory uses: other use types. Other use types may include
the following accessory uses, activities and structures on the same
lot:
(1)
Parking for the principal use.
(2)
Manufacturing or fabrication of products made for sale in a
principal commercial use, provided that such manufacturing is totally
contained within the structure housing the principal use.
(3)
Services operated for the sole benefit of employees of the principal
use.
E. Permitted accessory uses: agricultural use types. Uses shall be as
follows:
(1)
Horticulture and roadside stands, subject to the regulations set forth in §
205-199, and garden centers subject to issuance of a special use permit.
(2)
Other uses and activities necessarily and customarily associated
with the purpose and functions of uses permitted in the AG Agricultural
District.
Outdoor storage is prohibited in all zoning
districts other than the GI General Industrial Zoning District, except
as provided in this section.
A. Agricultural use types. Outdoor storage is permitted
only where incidental to agricultural uses.
B. Civic use types. Outdoor storage is permitted only
where incidental to maintenance facilities.
C. Commercial use types.
(1)
Outdoor storage is permitted where incidental
to agricultural sales and service, auto rentals and sales, construction
sales, equipment sales and service, stables and kennels, and surplus
sales.
(2)
Outdoor storage is permitted where incidental to auto services, equipment repair and body repair, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in §
205-228. This provision shall apply to any auto services, equipment repair or body repair use established after the effective date of this chapter.
D. Industrial and miscellaneous use types.
(1)
Light industry within the CBD Central Business
Zoning District may not include outdoor storage.
(2)
Outdoor storage is permitted where it is incidental to light industry outside of the CBD Central Business District, general industry, heavy industry, resource extraction, salvage services, warehousing, and construction yards. Any such outdoor storage is subject to screening requirements set forth in Article
XXXV.
(3)
Outdoor storage is permitted where incidental
to landfills.
[Added 5-3-2016 by Ord.
No. 1717]
Solar energy systems (SES) are permitted as an accessory use
in any base zoning district, subject to the regulations contained
within this section:
A. SES shall comply with the maximum height of the base district, except
that, for solar retrofit installation, solar energy collectors, storage
tanks and equipment, roof ponds, or other solar equipment may exceed
the maximum height of the base district by three feet.
B. SES shall comply with the minimum setbacks of the base district,
except that, for solar retrofit installation, solar energy collectors,
storage tanks and equipment, roof ponds, or other solar equipment
may extend into any setback of the base district by three feet.
C. For the purposes of rooftop mechanical equipment screening, SES shall
not be considered rooftop mechanical equipment.
D. The property owner shall have six months to complete decommissioning
of the SES if no electricity is generated for a continuous period
of 12 months. Decommissioning shall include removal of solar energy
collectors, storage tanks and equipment, roof ponds, or other solar
equipment associated with the SES.