This article shall be known as the "use types."
The purpose of the use types is to establish a classification system
for land uses and a consistent set of terms defining uses permitted
or conditionally permitted within various zoning districts. The use
types article also provides a procedure for determining the applicable
use type of any activity not clearly within any defined use type.
A.
Classification of uses. In the event of any question
as to the appropriate use type of any existing or proposed use or
activity, the Planning Director of the City of Papillion shall have
the authority to determine the appropriate use type. A determination
of the Planning Director may be appealed to the Board of Adjustment.
In making such determinations, the Planning Director and Board of
Adjustment shall consider such characteristics or specific requirements
of the use in common with those included as examples of use types.
Those examples, when included in use type descriptions, are intended
to be illustrative, as opposed to exclusive lists.
B.
Records. The Planning Director shall make all such
determinations of appropriate use types, in writing. The record of
the determination shall contain a report explaining the reasons for
the determination.
Agricultural use types include the on-site production
and sale of plant and animal products by agricultural methods.
A.
Animal production: the raising of animals or production
of animal products, such as eggs or dairy products, on an agricultural
or commercial basis on a site which is also used for crop production
or where grazing of natural vegetation is the major feed source, or
the raising of animals for recreational use. Typical uses include
grazing, ranching, dairy farming and poultry farming.
B.
Confined animal feeding operation (CAFO): the use
of a site of any size for the confined feeding or holding of 1,000
or more animal units of livestock or poultry, or of a site with a
gross density of two or more animal units per acre, within buildings,
lots, pens, or other close quarters which are not used for crop production
or where grazing of natural vegetation is not the major feed source.
Livestock and poultry shall include any animals or fowl that are used
primarily for use as food or food products for human consumption or
for laboratory or testing purposes. A CAFO does not include areas
which are used for the raising of crops or other vegetation and upon
which livestock are allowed to graze or feed. For the purpose of calculating
animal units, the animal unit equivalents for each type of livestock
are established as follows:
|
Type of Livestock
|
Equivalent Animal Units Per Acre
| |
|---|---|---|
|
Slaughter and feed cattle
|
1.00
| |
|
Mature dairy cattle
|
1.40
| |
|
Swine
|
0.75
| |
|
Sheep
|
0.20
| |
|
Horses
|
2.00
| |
|
Turkeys
|
0.20
| |
|
Ducks
|
0.20
| |
|
Chickens
|
0.10
|
C.
Crop production: the raising and harvesting of tree
crops, row crops or field crops on an agricultural or commercial basis.
This definition may include accessory retail sales under certain conditions.
D.
Horticulture: the growing of horticultural and floricultural
specialties, such as flowers, shrubs or trees intended for ornamental
or landscaping purposes. This definition may include accessory retail
sales under certain conditions. Typical uses include wholesale plant
nurseries and greenhouses.
E.
Livestock sales: use of a site for the temporary confinement
and exchange or sale of livestock. Typical uses include sales barns.
Residential use types include uses providing
wholly or primarily nontransient living accommodations. They exclude
institutional living arrangements providing twenty-four-hour skilled
nursing or medical care, forced residence or therapeutic settings.
A.
Single-family residential: the use of a site for one
dwelling unit, occupied by one family. (NOTE: Mobile home units are
not a single-family use type. See below categories for such units.)
(1)
Single-family residential (detached): a single-family
residential use in which one dwelling unit is located on a single
lot, with no physical or structural connection to any other dwelling
unit.
(2)
Single-family residential (attached): a single-family
residential use in which one dwelling unit is located on a single,
legally described lot and is attached by a common vertical wall to
only one other adjacent dwelling unit on another single, legally described
lot.
B.
Condominium: a building or group of buildings in which
dwelling units, offices, or floor area are owned individually and
the structure, common areas, facilities and property are owned by
all the owners on a proportional, undivided basis.
C.
Duplex residential: the use of a legally described
lot for two dwelling units, each occupied by one family within a single
building, excluding manufactured or mobile home units, but including
modular housing units.
D.
Two-family residential: the use of a single, legally
described lot for two dwelling units, each in a separated building
and each occupied by one household, excluding a mobile home unit.
E.
Townhouse residential: the use of a site for three
or more attached dwelling units, each occupied by one family and separated
by vertical side walls extending from foundation through roof without
openings. Each townhouse unit must have at least two exposed exterior
walls.
F.
Multiple-family residential: the use of a site for
three or more dwelling units within one building.
G.
Downtown residential: the use of upper levels above
street level of a building within the Downtown Overlay District of
the City of Papillion for single-family or multiple-family residential
uses.
[Amended 1-18-2011 by Ord. No. 1601]
H.
Group residential: the use of a site for the residence
of more than three unrelated persons, not otherwise defined as a family,
in which occupants are accommodated in rooms not defined as dwelling
units. Group residential uses are limited to facilities that are officially
recognized or operated by a college or university, government agency,
or nonprofit organization.
I.
Retirement residential: a building or group of buildings
that provide residential facilities for older adults. Within a retirement
residential use, 75% of the resident households must include at least
one member of at least 55 years of age. A retirement residential use
may provide a range of residential building types, including assisted-living
and independent-living facilities. Assisted-living facilities may
also provide support services to residents, including but not limited
to food service, general health supervision, medication services,
housekeeping services, personal services, recreation facilities, and
transportation services. The retirement residence may accommodate
food preparation in independent units or meal service in one or more
common areas. Retirement residences may include additional health-care
supervision or skilled nursing care or may provide assisted- and independent-living
facilities within a unified development such as a continuing care
retirement center (CCRC).
J.
Manufactured home residential: use of a site for one or more manufactured home dwellings, as defined in § 205-11.
K.
Mobile home park: use of a site under single ownership
for one or more mobile home units. Generally, the land on which mobile
homes are placed in a mobile home park is leased from the owner of
the facility.
[Amended 8-16-2011 by Ord. No. 1623; 5-3-2016 by Ord. No. 1719]
Civic use types include the performance of utility, educational,
recreational, cultural, medical, protective, governmental and other
uses which are strongly vested with social importance.
A.
Administration: governmental offices providing administrative, clerical
or public contact services that deal directly with the citizen, together
with incidental storage and maintenance of necessary vehicles. Typical
uses include federal, state, county and city offices.
B.
Assisted living: a facility licensed by the State of Nebraska where
shelter, food, and care are provided for remuneration for a period
of more than 24 consecutive hours to four or more persons residing
at such facility who require or request such services due to age,
illness, or physical disability. An assisted-living facility does
not include a home, apartment, or facility where casual care is provided
at irregular intervals, or a competent person residing in such home,
apartment, or facility provides for or contracts for his or her own
personal or professional services if no more than 25% of persons residing
in such home, apartment, or facility receive such services.
C.
Cemetery: land used or intended to be used for the burial of the
dead and dedicated for cemetery purposes, including columbariums,
crematoria, mausoleums and mortuaries when operated in conjunction
with and within the boundary of such cemetery.
D.
Clubs: uses providing meeting, recreational or social facilities
for a private, nonprofit or noncommercial association, primarily for
use by members and guests. Clubs include:
(1)
Clubs (recreational): clubs that provide indoor and/or outdoor athletic
facilities, with or without social or meeting facilities. Typical
uses include country clubs, private or nonprofit community or recreation
centers, and private golf courses and driving ranges.
(2)
Clubs (social): clubs that provide primarily social or meeting facilities.
Typical uses include private social clubs and fraternal organizations.
E.
College and university facilities: an educational institution of
higher learning which offers a course of study designed to culminate
in the issuance of a degree certified by a generally recognized accrediting
organization.
F.
Cultural services: a library, museum or similar registered nonprofit
organizational use displaying, preserving and exhibiting objects of
community and cultural interest in one or more of the arts and sciences.
G.
Day-care services.
(1)
Day-care services (adult): nonresident day care, regulated as required
by the State of Nebraska, for four or more unrelated adults.
(2)
Day-care services (children): Day-care services for children follow
a facility classification system established by the State of Nebraska:
(a)
Family Child-Care Home I: a program in the home of the provider;
maximum capacity is eight children of mixed ages and two additional
school-age children during nonschool hours, for a maximum occupancy
of 10 children.
(b)
Family Child-Care Home II: A program in the home of a provider;
maximum capacity is 12 children with two providers.
(c)
Child-Care center: a program in the home of the provider or
in a dedicated facility, licensed for at least 13 children.
(d)
Preschool: a program providing educational services where children
do not nap and are not fed a meal. Preschools can be located in the
residence of the licensee or in a dedicated facility. The State of
Nebraska licenses preschools into two categories based on capacity:
less than 30, and more than 30.
H.
Detention facilities: a publicly operated or contracted use providing
housing and care for individuals legally confined, designed to isolate
those individuals from the community.
I.
Emergency residential services: a facility or use of a building to
provide a protective sanctuary for victims of crime or abuse, including
emergency housing during crisis intervention for victims of rape,
abuse or physical beatings.
J.
Group-care facility: a facility licensed or approved by the State
of Nebraska or other appropriate agency, which provides for the care
and short- or long-term, continuous multiday occupancy of more than
eight unrelated persons who require and receive therapy or counseling
on site as part of an organized and therapeutic ongoing program for
mental or physical impairments which substantially limit one or more
major life activities. The term "mental or physical impairment" may
include conditions such as blindness, hearing impairment, mobility
impairment, HIV infection, mental retardation, alcoholism, drug addiction,
chronic fatigue, learning disability, head injury, or mental illness.
The term "major life activity" may include seeing, hearing, walking,
breathing, performing manual tasks, caring for one's self, learning,
speaking, or working. Current users of illegal controlled substances
and persons convicted for illegal manufacture or distribution of a
controlled substance are not considered disabled under the Fair Housing
Act by virtue of that status and are excluded from this use type.
K.
Group home: a facility licensed by the State of Nebraska in which
at least four but no more than eight persons, not including resident
managers or house parents, who are unrelated by blood, marriage or
adoption reside while receiving therapy, training or counseling for
the purpose of adaptation to living with or rehabilitation from mental
or physical impairments which substantially limit one or more major
life activities. The term "mental or physical impairment" may include
conditions such as blindness, hearing impairment, mobility impairment,
HIV infection, mental retardation, alcoholism, drug addiction, chronic
fatigue, learning disability, head injury, or mental illness. The
term "major life activity" may include seeing, hearing, walking, breathing,
performing manual tasks, caring for one's self, learning, speaking,
or working. Current users of illegal controlled substances and persons
convicted for illegal manufacture or distribution of a controlled
substance are not considered disabled under the Fair Housing Act by
virtue of that status and are excluded from this use type.
L.
Guidance services: a use providing counseling, guidance, recuperative
or similar services to persons requiring rehabilitation assistance
as a result of mental illness, alcoholism, detention, drug addiction
or similar condition on a daytime-care basis.
M.
Health care: a facility providing medical, psychiatric or surgical
service for sick or injured persons exclusively on an outpatient basis,
including emergency treatment, diagnostic services, training, administration
and services to outpatients, employees or visitors.
N.
Intermediate-care facility: a facility licensed by the State of Nebraska
where shelter, food and nursing care or related services are provided
for a period of more than 24 consecutive hours to persons residing
at such facility who are ill, injured or disabled and do not require
hospital or skilled nursing facility care.
O.
Hospital: a facility providing medical, psychiatric or surgical service
for sick or injured persons primarily on an inpatient basis, including
emergency treatment, diagnostic services, training, administration
and services to patients, employees or visitors.
P.
Maintenance facilities: a public facility that supports maintenance,
repair, vehicular or equipment servicing, material storage and similar
activities, including street or sewer yards, equipment service centers
and similar uses having characteristics of commercial services or
contracting or industrial activities.
Q.
Nursing facility: a facility licensed by the State of Nebraska to
provide medical care, nursing care, rehabilitation or related services
and associated treatment for a period of more than 24 consecutive
hours to persons residing at such facility who are ill, injured or
disabled.
R.
Park and recreation services: publicly owned and operated parks,
playgrounds, recreation facilities and open spaces.
S.
Postal facilities: postal services, including post offices, bulk
mail processing or sorting centers operated by the United States Postal
Service.
T.
Primary educational facilities: a public, private or parochial school
offering instruction at the elementary school level in the branches
of learning study required to be taught in schools within the State
of Nebraska.
U.
Public assembly: facilities owned and operated by a public agency
or a charitable nonprofit organization accommodating major public
assembly for recreation, sports, amusement or entertainment purposes.
Typical uses include civic or community auditoriums, sports stadiums,
convention facilities, fairgrounds, incidental sales and exhibition
facilities.
V.
Religious assembly: A use located in a permanent building and providing
regular organized religious worship and religious education incidental
thereto (excluding private primary or private secondary educational
facilities, community recreational facilities, day-care facilities
and incidental parking facilities). A property tax exemption obtained
pursuant to Property Tax Code of the State of Nebraska shall constitute
prima facie evidence of religious assembly use.
W.
Safety services: facilities for conduct of public safety and emergency
services, including police and fire-protection services and emergency
medical and ambulance services.
X.
Secondary educational facilities: a public, private or parochial
school offering instruction at the junior high or high school level
in the branches of learning and study required to be taught in the
schools of the State of Nebraska.
Y.
Skilled nursing services: a facility that is licensed by the State
of Nebraska to provide medical care, skilled nursing care, rehabilitation
or related services and associated treatment for a period of more
than 24 consecutive hours to persons residing at such facility who
are ill, injured or disabled, excluding facilities that provide surgical
or emergency medical services or facilities that provide care for
alcoholism, drug addiction, mental disease or communicable disease.
Typical uses include nursing homes.
Z.
Transitional living facility: a facility licensed or approved by
the State of Nebraska or other appropriate agency, which provides
for the care and short- or long-term, continuous multiday occupancy
of more than three unrelated persons who require supervision while
under a program that is an alternative to imprisonment, including
but not limited to prerelease, work-release, and probationary programs.
AA.
Utilities. Any aboveground structures or facilities, other than lines,
poles and other incidental facilities, used for the production, generation,
transmission, delivery, collection or storage of water, sewage, electricity,
gas, oil, energy media, communications, electronic or electromagnetic
signals, or other services which are precedent to development and/or
use of land. This shall exclude any principal use classified as alternative
energy production devices or wind energy conservation systems and
any accessory use classified as solar energy systems.
[Amended 3-3-2020 by Ord.
No. 1867]
Office use types include uses providing for
administration, professional services and allied activities. These
uses often invite public clientele but are more limited in external
effects than commercial uses.
A.
Corporate offices: use of a site for administrative,
processing, or research offices that generally do not provide service
to clients from Papillion and the surrounding region. Corporate offices
are destinations for commuters drawn from a relatively wide region
around Papillion, as well as from the community itself. Typical uses
include corporate headquarters offices, telemarketing, or information
processing offices.
B.
Data center:
a centralized repository for the storage, management, processing,
conversion, and dissemination of data and information which may also
house equipment that supports communications network infrastructure
without actually being part of the physical network. A data center
may house equipment that includes, but is not limited to, computers,
servers, data storage devices, and related equipment. A data center
may include, but shall not be limited to, accessory uses that include
offices for data center staff and accessory structures that include
water storage tanks, cooling towers, network systems, fuel storage
tanks, guardhouses and security offices, storage, chillers, electrical
transformers, and engine generators. Accessory uses shall not include
retail sales, telephone call centers, or customer service operations.
Typical uses include data processing centers and server farms.
C.
General offices: use of a site for business, professional
or administrative offices that may invite client visits from both
local and regional areas. Typical uses include real estate, insurance,
management, travel or other business offices; organization and association
offices; banks or financial offices; or professional offices.
D.
Financial services: provision of financial and banking
services to consumers or clients. Walk-in and drive-in services to
consumers are provided on site. Typical uses include banks, savings
and loan associations, savings banks and loan companies. An ATM (automatic
teller machine) that is not accompanied on site by an office of its
primary financial institution is considered within the personal services
use type. The financial services use type is divided into two categories.
Financial Services A includes less than 4,000 square feet of floor
area and has no more than two drive-up lanes (including ATM lanes).
Financial Services B includes 4,000 square feet or more of floor area
and/or has more than two drive-up lanes.
E.
Medical offices: use of a site for facilities which
provide diagnoses and outpatient care on a routine basis but which
does not provide prolonged, in-house medical or surgical care. Medical
offices are operated by doctors, dentists or similar practitioners
licensed for practice in the State of Nebraska. The medical offices
use type is divided into two categories. Medical Offices A includes
less than 3,000 square feet of floor area. Medical Offices B includes
3,000 square feet or more of floor area.
[Amended 9-7-2010 by Ord.
No. 1597; 5-3-2016 by Ord. No. 1719; 5-3-2016 by Ord. No. 1731]
Commercial uses include the sale, rental, service
and distribution of goods and the provision of services other than
those classified under other use types.
A.
Agricultural sales and service: establishments or places of business
engaged in sale from the premises of feed, grain, fertilizers, farm
equipment, pesticides and similar goods or in the provision of agriculturally
related services with incidental storage on lots other than where
the service is rendered. Typical uses include nurseries, hay, farm-implement
dealerships, feed and grain stores, and tree service firms.
B.
Automotive and equipment services: establishments or places of business
primarily engaged in sale and/or service of automobiles, trucks or
heavy equipment. The following are considered automotive and equipment
use types:
(1)
Automobile auction lots: sale of motor vehicles through a process
of periodic auctions or bid procedures. Automobile auction lots usually
include large on-site storage areas of motor vehicles and lack showrooms,
auto repair facilities and other structures and facilities that are
typical of new car dealerships.
(2)
Automotive rental and sales: sale or rental of automobiles, noncommercial
trucks, motorcycles, motor homes, recreational vehicles or boats,
including incidental storage, maintenance and servicing. Typical uses
include new- and used-car dealerships; motorcycle dealerships; and
boat, trailer and recreational vehicle dealerships.
(3)
Auto services: provision of fuel, lubricants, parts and accessories,
and incidental services to motor vehicles; and washing and cleaning
and/or repair of automobiles, noncommercial trucks, motorcycles, motor
homes, recreational vehicles or boats, including the sale, installation
and servicing of equipment and parts. Typical uses include service
stations, car washes, muffler shops, auto repair garages, tire sales
and installation, wheel and brake shops, and similar repair and service
activities, but exclude dismantling, salvage or body and fender repair
services.
(4)
Body repair: repair, painting or refinishing of the body, fender
or frame of automobiles, trucks, motorcycles, motor homes, recreational
vehicles, boats, tractors, construction equipment, agricultural implements
and similar vehicles or equipment. Typical uses include body and fender
shops, painting shops and other similar repair or refinishing garages.
(5)
Equipment rental and sales: sale or rental of trucks, tractors, construction
equipment, agricultural implements, mobile homes and similar heavy
equipment, including incidental storage, maintenance and servicing.
Typical uses include truck dealerships, construction equipment dealerships
and mobile home sales establishments.
(6)
Equipment repair services: repair of trucks, tractors, construction
equipment, agricultural implements and similar heavy equipment. Typical
uses include truck repair garages, tractor and farm implement repair
services, and machine shops, but exclude dismantling, salvage or body
and fender repair services.
C.
Bed-and-breakfast: a lodging service that provides overnight or short-term
accommodations to guests or visitors, usually including provision
of breakfast. Bed-and-breakfasts are usually located in large residential
structures that have been adapted for this use. For the purpose of
this definition, bed-and-breakfasts are always owned and operated
by the resident owner of the structure, include no more than 10 units
and accommodate each guest or visitor for no more than seven consecutive
days during any one-month period.
D.
Body art services: any facility licensed by the State of Nebraska
to provide body piercing, branding, permanent color technology, and/or
tattooing. Establishments that receive less than 50% of their gross
income from body art services shall be classified based on the primary
source of gross income.
E.
Business support services: establishments or places of business primarily
engaged in the sale, rental or repair of equipment, supplies and materials
or the provision of services used by office, professional and service
establishments to the firms themselves but excluding automotive, construction
and farm equipment; or engaged in the provision of maintenance or
custodial services to businesses. Typical uses include office equipment
and supply firms, small business machine repair shops or hotel equipment
and supply firms, janitorial services, photography studios and convenience
printing and copying.
F.
Business or trade schools: a use providing education or training
in business, commerce, language, or other similar activity or occupational
pursuit, and not otherwise defined as a home occupation, college or
university, or public or private educational facility.
G.
Campground: facilities providing camping or parking areas and incidental
services for travelers in recreational vehicles or tents, which accommodate
each guest or visitor for no more than seven consecutive days during
any one-month period.
H.
Cocktail lounge: a use engaged in the preparation and retail sale
of alcoholic beverages for consumption on the premises, including
taverns, bars, cocktail lounges and similar uses other than a restaurant
as that term is defined in this section.
I.
Commercial recreation (controlled impact): private businesses, or
other organizations that may or may not be commercial by structure
or by nature, primarily engaged in the provision or sponsorship of
sports, entertainment, or recreation for participants or spectators.
Controlled-impact commercial recreation uses typically take place
entirely within enclosed buildings or, when outdoors, have limited
effects related to lighting, hours of operation, or noise. Typical
uses include theaters, private dance halls, billiard or bowling centers,
game arcades, indoor skating facilities, miniature golf courses, and
private golf courses.
J.
Commercial recreation (high impact): private businesses, or other
organizations that may or may not be commercial by structure or by
nature, primarily engaged in the provision or sponsorship of sports,
entertainment, or recreation for participants or spectators. High-impact
commercial recreation uses are typically located outdoors and have
operating effects caused by lighting, noise, traffic, or hours of
operation that create substantial environmental impacts. Typical uses
include shooting ranges, lighted driving ranges, go-kart tracks, amusement
parks, race tracks, and private baseball complexes.
K.
Communications services: establishments primarily engaged in the
provision of broadcasting and other information-relay services accomplished
through the use of electronic and telephonic mechanisms but excludes
those classified as utilities. Typical uses include television studios,
telecommunication service centers, telegraph service offices or film
and sound recording facilities. Broadcast and communications towers
and their minor ancillary ground structures are classified as miscellaneous
use types.
L.
Construction sales and services: establishments or places of business
primarily engaged in the retail or wholesale sale, from the premises,
of materials used in the construction of buildings or other structures
other than retail sale of paint, fixtures and hardware. This use type
excludes those uses classified under automotive and equipment services.
Typical uses include building materials sales, or tool and equipment
rental or sales.
M.
Consumer services: establishments which provide services, primarily
to individuals and households, but excluding automotive use types.
Typical uses include automated banking machines, appliance repair
shops, watch or jewelry repair shops, or musical instrument repair
shops.
N.
Food sales: establishments or places of business primarily engaged
in the retail sale of food or household products for home consumption.
Typical uses include groceries, delicatessens, meat markets, retail
bakeries and candy shops.
(1)
Convenience food sales: establishments occupying facilities of less
than 10,000 square feet, characterized by sales of specialty foods
or a limited variety of general items and by the sales of fuel for
motor vehicles, and including the retail sale of alcoholic beverages
for off-premises consumption when conducted as a secondary feature
of the use, producing less than 25% of the establishment's gross income.
(2)
Limited food sales: establishments occupying facilities of less than
10,000 square feet, characterized by sales of specialty foods or a
limited variety of general items, but excluding the accessory sale
of fuel for motor vehicles, and including the retail sale of alcoholic
beverages for off-premises consumption when conducted as a secondary
feature of the use, producing less than 25% of the establishment's
gross income. Typical uses include delicatessens, meat markets, retail
bakeries, candy shops, small grocery stores.
(3)
General food sales: establishments selling a wide variety of food
commodities, using facilities larger than 10,000 square feet, and
including the retail sale of alcoholic beverages for off-premises
consumption when conducted as a secondary feature of the use, producing
less than 25% of the establishment's gross income.
O.
Funeral services: establishments engaged in undertaking services
such as preparing the human dead for burial and arranging and managing
funerals. Typical uses include funeral homes or mortuaries.
P.
Gaming facilities: establishments engaged in the lawful, on-site
operation of games of chance that involve the risk of money for financial
gain by patrons. Gaming facilities shall include the accessory sale
of liquor and food, pursuant to licensing regulations of the City
of Papillion or the State of Nebraska.
Q.
Garden center: the growing, cultivation, storage, and sale of garden
plants, flowers, trees, shrubs, and fertilizers, as well as the sale
of garden tools and similar accessory and ancillary products, to the
general public. Typical uses include retail plant nurseries and garden
stores.
R.
Gun sales: establishments or places of business primarily engaged
in the retail sales of guns, ammunition, and related items. Establishments
that receive less than 50% of their gross income from gun sales shall
be classified based on the primary source of gross income.
S.
Kennels: boarding and care services for dogs, cats and similar small
mammals or large birds; or any premises on which four or more animals
included under this definition over four months of age are kept and
maintained. Typical uses include boarding kennels, ostrich-raising
facilities, pet motels, dog-training centers, or licensed catteries
in commercial districts subject to Table 205-38[1] and the provisions of Chapter 85 of the Papillion Municipal Code.
[1]
Editor's Note: Table 205-38, Permitted Uses by Zoning District, is included as an attachment to this chapter.
T.
Laundry services: establishments primarily engaged in the provision
of laundering, cleaning or dyeing services other than those classified
as personal services. Typical uses include bulk laundry and cleaning
services, diaper services, uniform cleaning services, rug or upholstery
cleaning services, or linen supply services.
U.
Liquor sales: establishments or places of business engaged in retail
sale for off-premises consumption of alcoholic beverages. Typical
uses include liquor stores, bottle shops, or any licensed sales of
liquor, beer or wine for off-site consumption, except when alcoholic
beverages are included in another use type as a secondary feature
of the use.
V.
Lodging: lodging services involving the provision of room and/or
board but not meeting the classification criteria of bed-and-breakfasts.
Typical uses include hotels, apartment hotels and motels.
W.
Personal services: establishments or places of business primarily
engaged in the provision of services of a personal nature, including
instructional or informational offerings, and nonprofessional services
of a personal nature. Typical uses include beauty and barber shops;
seamstress, tailor or shoe repair shops; photography studios; dry-cleaning
stations serving individuals and households, driving schools, health
or physical fitness studios, reducing salons, dance studios, handicraft
and hobby instruction.
X.
Pet services: retail sales, incidental pet health services, and grooming
and boarding, when totally within a building, of dogs, cats, birds,
fish and similar small animals customarily used as household pets.
Typical uses include pet stores, pet day cares and hotels, small animal
clinics, dog bathing and clipping salons and pet grooming shops, but
exclude uses for livestock and large animals.
Y.
Recreation vehicle sales and storage: establishments that include
the storage and/or display of boats, campers, and motorized recreational
vehicles for the purpose of rental or sale.
Z.
Research services: establishments primarily engaged in research of
an industrial or scientific nature. Typical uses include electronics
research laboratories, space research and development firms, testing
laboratories or pharmaceutical research labs.
AA.
Restaurants: a use engaged in the preparation and retail sale of
food and beverages, including the sale of alcoholic beverages when
conducted as a secondary feature of the use, producing less than 50%
of the establishment's gross income.
(1)
Restaurant (drive-in/drive-through or fast-food): an establishment
which principally supplies food and beverages in disposable containers
and is characterized by high automobile accessibility and on-site
accommodations, self-service and short stays by customers.
(2)
Restaurant (general): an establishment characterized by table
service to customers and/or accommodation to walk-in clientele, as
opposed to drive-in or fast-food restaurants. Typical uses include
cafes and restaurants.
BB.
Restricted (or sexually oriented) businesses: any sexually oriented business, as defined and regulated by Chapter 126 of the Papillion City Code, which is considered a part of this Zoning Ordinance. These include adult arcades, adult bookstores or adult video stores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, escort agencies, nude model studios or sexual-encounter centers.
CC.
Retail services: sale or rental with incidental service of commonly
used goods and merchandise for personal or household use but excludes
those classified more specifically by these use type classifications.
Typical uses include department stores, apparel stores, furniture
stores or establishments providing the following products or services:
household cleaning and maintenance products, drugs, cards, stationery,
notions, books, tobacco products, cosmetics and specialty items; flowers,
plants, hobby materials, toys and handcrafted items; apparel, jewelry,
fabrics and like items; cameras, photograph services, household electronic
equipment, records, sporting equipment, kitchen utensils, home furnishing
and appliances, art supplies and framing, arts and antiques, paint
and wallpaper, hardware, carpeting and floor covering; interior decorating
services; office supplies; mail order or catalog sales; bicycles;
and automotive parts and accessories (excluding service and installation).
Retail services may include the sale of alcoholic beverages for off-premises
consumption when conducted as a secondary feature of the use, producing
less than 25% of the establishment's gross income. Retail services
are divided into three categories:
(1)
Limited retail services: establishments providing retail services,
occupying facilities less than 10,000 square feet in a single establishment
or multitenant facility. Typical establishments provide for specialty
retailing or general-purpose retailing oriented to Papillion and its
surrounding vicinity.
(2)
Large retail services: establishments providing retail services,
occupying facilities between 10,001 and 40,000 square feet in a single
establishment or multitenant facility. Typical establishments provide
for specialty retailing or general-purpose retailing oriented to Papillion
and its surrounding vicinity.
(3)
Mass retail services: establishments providing retail services,
occupying facilities over 40,000 square feet in a single establishment
or multitenant facility. Typical establishments provide for general-purpose
retailing oriented to Papillion and the surrounding region.
DD.
Stables and/or riding academies: the buildings, pens and pasture
areas used for the boarding and feeding of horses, llamas or other
equine not owned by the occupants of the premises. This use includes
instruction in riding, jumping and showing or the riding of horses/equine
for hire.
EE.
Storage (convenience): storage services primarily for personal effects
and household goods within enclosed storage areas having individual
access but excluding use of such areas as workshops or hobby shops.
Manufacturing and commercial activity are also prohibited uses. Typical
uses include mini-warehousing.
FF.
Storage (limited access): storage services primarily for business
or individual uses, including the storage of personal effects and
nonhazardous materials, within a single, secured building with one
or two primary entrances. Said building may be one or more stories
and shall provide separate indoor storage areas, all of which shall
be enclosed, climate-controlled, and individually accessible only
from the interior of the building. Neither the individual storage
areas nor the interior access doors to the individual storage areas
shall be visible from the exterior of the building. Exterior building
materials shall be high-quality, durable materials that meet or exceed
the standards set out under the "building materials" subsection of
the Civic, Commercial, and Office Design Guidelines.[2] Activities within the facility shall be limited to the
rental of storage space and the administration and maintenance of
the facility. Storage areas shall not be used as workshops or hobby
shops. Manufacturing and commercial activity are also prohibited uses.
No outdoor storage shall be permitted.
GG.
Surplus sales: businesses engaged in the sale, including sale by
auction, of used items or new items which are primarily composed of
factory surplus or discontinued items. Surplus sales uses sometimes
include regular outdoor display of merchandise. Typical uses include
flea markets, auction houses, factory outlets, or merchandise liquidators.
HH.
Tobacco sales: establishments or places of business primarily engaged
in the retail sales of tobacco products and related items. Establishments
that receive less than 50% of their gross income from tobacco sales
shall be classified based on the primary source of gross income.
II.
Trade services: establishments or places of business primarily engaged
in the provision of services that are not retail or primarily dedicated
to walk-in clientele. These services often involve services to construction
or building trades and may involve a small amount of screened, outdoor
storage in appropriate zoning districts. Typical uses include shops
or operating bases for plumbers, electricians, or HVAC (heating, ventilating,
and air conditioning) contractors.
JJ.
Travel centers: facilities that provide for the sale of fuel, provisions,
supplies to motorists, including operators of over-the-road trucks,
in which less than 30% of the total site area is devoted to the servicing,
accommodation, parking, or storage of over-the-road trucks. The calculation
of these areas includes but is not limited to fuel islands for diesel
fuel, truck washing facilities, truck parking areas, and associated
maneuvering areas. Travel centers include a mix of uses, including
food sales, general retail services, auto and equipment services,
and restaurants, and are typically located along or near interstate
highways or other principal state and federal designated highway routes.
KK.
Truck stops: facilities that provide for the sale of fuel, provisions,
supplies to motorists, including operators of over-the-road trucks,
in which 30% or more of the total site area is devoted to the servicing,
accommodation, parking, or storage of over-the-road trucks. The calculation
of these areas includes but is not limited to fuel islands for diesel
fuel, truck washing facilities, truck parking areas, and associated
maneuvering areas. Truck stops include a mix of uses, including food
sales, general retail services, auto and equipment services, and restaurants,
and are typically located along or near interstate highways or other
principal state and federal designated highway routes.
LL.
Vehicle storage: short-term storage of operating or nonoperating
vehicles, including recreational vehicles, for a period of no more
than 21 days. Typical uses include storage of private parking tow-aways
or impound yards but exclude dismantling or salvage. Long-term storage
beyond 21 days constitutes an industrial use type.
MM.
Veterinary services: veterinary services and hospitals for animals.
Typical uses include pet clinics, dog and cat hospitals, pet cemeteries
and veterinary hospitals for livestock and large animals.
A.
Off-street parking: Parking use types include surface
parking of motor vehicles on a temporary basis within a privately
or publicly owned off-street parking facility.
B.
Parking structure: the use of a site for a multilevel
building which provides for the parking of motor vehicles on a temporary
basis, other than as an accessory to a principal use on the same site.
Industrial use types include the on-site extraction
or production of goods by nonagricultural methods and the storage
and distribution of products.
A.
Construction yards: establishments housing facilities
of businesses primarily engaged in construction activities, including
incidental storage of materials and equipment on lots other than construction
sites. Typical uses are building contractors' yards.
B.
C.
Light industry: establishments engaged in the manufacture
or processing of finished products from previously prepared materials,
including processing, fabrication, assembly, treatment and packaging
of such products, and incidental storage, sales and distribution.
These establishments are characterized by having no major external
environmental effects across property lines and include no unscreened
or unenclosed outdoor storage. Typical uses include commercial bakeries,
dressed beef processing plants, soft-drink bottling, apparel assembly
from fabrics, electronics, manufacturing, print shops and publishing
houses.
D.
General industry: enterprises engaged in the processing,
manufacturing, compounding, assembly, packaging, treatment or fabrication
of materials and products from prepared materials or from raw materials
without noticeable noise, odor, vibration or air-pollution effects
across property lines, but often including outdoor storage of materials
or products.
E.
Heavy industry: enterprises involved in the basic
processing and manufacturing of products, predominantly from raw materials,
with noticeable noise, odor, vibration or air-pollution effects across
property lines; or a use or process engaged in the storage of or processes
involving potentially or actually hazardous, explosive, flammable,
radioactive or other commonly recognized hazardous materials.
F.
Recycling collection: any site which is used in whole
or part for the receiving or collection of any post-consumer, nondurable
goods, including but not limited to glass, plastic, paper, cardboard,
aluminum, tin or other recyclable commodities.
G.
Recycling processing: any site which is used for the
processing of any post-consumer, nondurable goods, including but not
limited to glass, plastic, paper, cardboard, aluminum, tin or other
recyclable commodities.
H.
Resource extraction: a use involving on-site extraction
of surface or subsurface mineral products or natural resources, excluding
the grading and removal of dirt. Typical uses are quarries, borrow
pits, sand and gravel operations, and mining.
I.
Salvage services: places of business primarily engaged
in the storage, sale, dismantling or other processing of used or waste
materials which are not intended for reuse in their original forms.
Typical uses include automotive wrecking yards, junkyards or paper
salvage yards.
J.
Vehicle storage (long-term): long-term storage of
operating or nonoperating vehicles, including recreational vehicles,
for a period exceeding 21 days. Typical uses include storage of private
parking tow-aways or impound yards but exclude dismantling or salvage.
Long-term storage of 21 days or less constitutes a commercial use
type.
K.
Warehousing (enclosed): uses including storage, distribution,
and handling of goods and materials within enclosed structures. Typical
uses include wholesale distributors, storage warehouses, and van and
storage companies.
L.
Warehousing (open): uses including open-air storage,
distribution, and handling of goods and materials. Typical uses include
monument yards, grain elevators or open storage.
Transportation use types include the use of
land for the purpose of providing facilities supporting the movement
of passengers and freight from one point to another.
A.
Aviation facilities: landing fields, aircraft parking
and service facilities and related facilities for operation, service,
fueling, repair, storage, charter, sales and rental of aircraft, and
including activities directly associated with the operation and maintenance
of airport facilities and the provision of safety and security. Typical
uses include private or municipal airports.
B.
Railroad facility: railroad yards, equipment servicing
facilities and terminal facilities.
C.
Transportation terminal: facility for loading, unloading,
and interchange of passengers, baggage, and incidental freight or
package express, including bus terminals, railroad stations, and public
transit facilities.
D.
Truck terminal: a facility for the receipt, transfer,
short-term storage, and dispatching of goods transported by truck.
A.
Alternative energy-production devices: the use of
a site for the production of energy utilizing methods that do not
involve the oxidation, combustion or fission of primary materials.
Typical uses include solar collector fields, geothermal energy installations
or water-powered mills or generating facilities.
B.
Amateur radio tower: a structure(s) for the transmission
or broadcasting of electromagnetic signals by FCC-licensed amateur
radio operators.
C.
Communications tower: a structure(s) for the transmission
or broadcasting of radio, television, radar or microwaves, ordinarily
exceeding the maximum height permitted in its zoning district. Typical
uses include broadcasting towers and cellular communications towers.
D.
Construction batch plant: a temporary demountable
facility used for the manufacturing of cement, concrete, asphalt or
other paving materials intended for specific construction projects.
E.
Landfill (nonputrescible solid waste disposal): the
use of a site as a depository for solid wastes that do not readily
undergo chemical or biological breakdown under conditions normally
associated with land disposal operations. Typical disposal material
would include ashes, concrete, paving wastes, rock, brick, lumber,
roofing materials and ceramic tile.
F.
Landfill (putrescible and nonputrescible solid waste
disposal). The use of a site as a depository for any solid waste except
hazardous and toxic waste as defined by the Federal Environmental
Protection Agency and/or the State of Nebraska. Typical disposal material
would include nonputrescible wastes and putrescible wastes such as
vegetation, tree parts, agricultural wastes (garbage) and manure.
G.
Wind energy conversion system (WECS): any device which
converts wind energy to a form of usable energy, including wind charges,
windmills or wind turbines.
