Additional Resources
FAQ
- What does the Planning Department do?
- Where is the department and what hours are you open?
- What is the comprehensive plan and how is it developed?
- What is zoning?
- How do I find out the zoning designation on my property and my neighbor's property? What does it mean, and how does it restrict the way that we can use our land?
- What if a property owner wants to do something on his or her property that is not allowed by current zoning designation? How can he or she get it changed?
- I think my neighbor is using his property illegally according to the zoning rules. Where do I make a complaint?
- What can I do if my neighbor is trying to change the zoning on his/her property and I don't like his/her plans?
- What is a subdivision or plat, and what does it do? Do I need to have one to sell my property?
- How can I get a map and/or an aerial photo that shows the area around the property I am looking to purchase?
- How can I tell if the property is inside or outside the city limits?
What does the Planning Department do?
The Planning Department provides technical information and advice to elected and appointed boards and citizens on the appropriate use of land for private and public purposes. The Planning Director is appointed by the Mayor with the concurrence of the City Council.
The Planning Department is responsible for developing and maintaining the Comprehensive Plan for Papillion, maintaining zoning and subdivision regulations of the city and processing development applications that involve those regulations each year. The department's customers include the Mayor, the city elected boards, various city departments, state and federal agency officials, land developers and their agents and the general public. The Planning Department is responsible for staffing the Planning Commission and the Board of Adjustment.
The Planning Department employs a staff of three.
Michelle Wehenkel, Assistant mwehenkel@papillion.org (402) 597-2077
Mark Stursma, Director mstursma@papillion.org (402) 592-2060
Rebecca Horner, City Planner rhorner@papillion.org 402) 827-2324
Back to Top
Where is the department located and what hours are you open?
The Planning Department is in the City Building, 122 East Third Street, Papillion, Nebraska 68046. It is open from 8 a.m. to 5:00 p.m., weekdays. The phone number is (402) 597-2077 and the fax number is (402) 597-2074. Phone messages left after hours will be returned the next business day. Those with specific questions requiring in-person meetings are asked to make appointments by contacting the Planning Assistant at (402) 597-2077.
Back to Top
What is the comprehensive plan and how is it developed?
At its most basic, a Comprehensive Plan is a community's common vision of what it hopes to become in the future - the quality of its residential neighborhoods; the places residents live, work, shop and play; the way people and goods move about the urban and rural areas; and the treatment of natural environmental features as development changes the rural landscape.
The current Comprehensive Plan was adopted in September 2002. This Plan describes in text, illustrations and maps how the city will grow over the next 20 (and more) years, and how the rural areas and small towns in the county will evolve to meet changing economic, social and environmental conditions.
The Plan serves the needs of both private and public sector development. It depicts where, when and how important government facilities such as roads, utilities, fire stations, school, parks and libraries should be coordinated and constructed. These public facilities in turn support private sector growth as new neighborhoods, shopping centers, office complexes and manufacturing plants become part of the community.
The development of the Plan begins with an initial draft document prepared by the Planning Department. The development of the draft involves numerous citizens who contribute their views on the community's future. The Plan's preparation is coordinated through the Planning Commission - a nine-member citizen board appointed by the Mayor with the consent of the City Council. The Commission's responsibility is to review the draft Plan prepared by the Planning Director, to hold public hearings on the draft Plan and to then make recommendations to the elected boards on the draft Plan and the planning policies it contains. The City Council receives the Planning Commission's recommendations and then, after conducting a public hearing, vote to approve, deny or modify the Plan. The adopted Comprehensive Plan serves as a formal guide for the hundreds of regulatory decisions made by the city and county each year on land development.
Back to Top
What is zoning?
Zoning is a type of regulation that is used by most cities and counties, including Papillion, to implement the adopted Comprehensive Plan. Zoning encourages the kind of land development that is indicated in the policies and maps of the Plan. Zoning regulations also provide a guide on how property owners can use their land in the best interests of public health, safety or general welfare.
Historically, zoning has been used to separate different types of land uses that are incompatible with each other, like the lead smelter next to a residential neighborhood. Zoning standards are established to make sure that neighboring properties do not block light and air and to prevent overcrowding or traffic congestion. Zoning is also intended to reserve sufficient land for developers and builders to provide facilities for people to live, work, shop and play. Zoning helps government entities determine the location and size of major streets, the size of water and sewer lines and the best locations for parks, schools and fire stations. The general idea is that if the community accepts some restrictions on individual property rights, there is more assurance that everyone's use, enjoyment and property value are better protected. Zoning restrictions must be reasonable, applied in a uniform manner and established through a system that guarantees due process for all affected parties. The federal bill of rights, state statutes and more than a century of court decisions all affect how land use can be regulated. Generally, private property owners have the right to put their land to some economically viable use, though not necessarily the most profitable use. If the land use restriction imposed by local government leaves no viable use, prohibits investment-based expectations, contradicts state or federal law, violates principles of due process or appears arbitrary and unreasonable, it is likely to be overturned by a court challenge.
Zoning regulations consist of a text (Chapter 205 of the Municipal Code) and an official map which divides the community into various districts. The parcels in each district have a separate set of rules explained in the text which specify the kinds of uses allowed and the density of the uses, including:
· the amount of land required for every dwelling unit;
· the size of the buildings that can be built;
· the distance from neighbors and the street;
· the amount of parking required; and
· the signage allowed.
Back to Top
How do I find out the zoning designation on my property and my neighbor's property? What does it mean and how does it restrict the way we can use our land?
See the zoning map. Then go to District Zoning Regulations and select the chapter containing the rules for your district. If you have questions, call the Planning Department at (402) 597-2077.
Some areas have "overlay" districts that impose additional restrictions on the use of the land. These districts include Floodplain/Floodway, Highway 370, and Public District. Citizens may call the numbers listed above to ask which overlays may apply to their property.
Sometimes lenders require zoning "verification" or "certification" letters when you are selling or financing property. The information required can vary from a simple statement of the current zoning classification on the property and what uses are permitted in that zone to a detailed evaluation of the conformance of the uses and improvements on the property to the zoning rules. The City may, in some cases, prepare letters of this type; to determine if this is possible contact (402) 597-2077.
Back to Top
What if a property owner wants to do something on his or her property that is not allowed by the current zoning designation? How can he or she get it changed?
The process begins with the owner or a prospective purchaser submitting a "change of zone" application and filing fee to the Planning Department. All applicants are encouraged to first meet with staff to make sure that they understand the information required for a submittal and the potential issues they may face. Applicants are also strongly encouraged to meet with neighboring owners prior to filing the application, especially if the change appears to be controversial. This allows the applicant to consider incorporating the concerns of neighbors in order to find out how best to mitigate the impact of their proposed development. The Planning Department can help identify the local neighborhood association that represents the interest of particular areas of the city.
From the submittal date, it will take four to six weeks until the Planning Commission public hearing. Staff will research the request to determine the previous history relating to the site, the character of surrounding uses and zoning, the infrastructure available and consistency of the request with relevant Comprehensive Plan policies. Staff also mails notice of the upcoming hearing to nearby owners using the list provided by the applicant; submits an advertisement of the hearing to the local newspaper; posts a sign on the property; solicits comments from other departments; and prepares a staff report with analysis and recommendations. The report goes to the Planning Commission along with correspondence from the applicant and other interested parties in advance of the public hearing. The Planning Commission agendas for past and current meetings are posted on our webpage. Information about the application is available by clicking on the application number in the agenda(s).
The Planning Commission holds its hearing and then votes on each application. Staff then prepares minutes of the discussion and vote and sends those, along with all the information sent to the Planning Commission, on to the City Council. The City Council holds its own hearing and votes to approve or deny the request. Final action by the elected board can be appealed to District Court by the applicant or other "aggrieved party".
Applications and instructions for zoning and related permits can be found under Applications & Forms. Applicants can choose to contract with private attorneys, planning consultants or other individuals to act as their agents in the rezoning process. For additional information, call the Planning Department at (402) 597-2077.
Back to Top
Ithink my neighbor is using his property illegally according to the zoning rules. Where do I make a complaint?
One of the duties of the Planning Department and Building Department is to enforce the zoning ordinance. To report a violation, submit the concern to the Mayor's Hotline or call the Planning Department at (402)597-2077.
Back to Top
What can I do if my neighbor is trying to change the zoning on his/her property and I don't like his/her plans?
First, you can contact the applicant directly to discuss your concerns. You have the right to comment on any application filed. You can comment in person by testifying at the official public hearing or in writing or by fax or e-mail prior to the hearing.
Back to Top
What is a subdivision or plat, and what does it do? Do I need to have one to sell my property?
The zoning laws regulate some aspects of how you can use your property, but other aspects are regulated by the City's Subdivision Regulations, Title 170 of the Papillion Municipal Code. Generally, if you want to purchase a portion of a tract of land, and either the parcel you want to acquire or the remaining parcel is less than 10 acres, the dividing of the parcel must be approved by the City. Typically, developers will purchase large tracts and divide them into blocks of lots bounded by streets, with lots that are sold off for development based on the zoning designation.
One of the historic reasons to require that the subdivision and sale of land be reviewed and recorded through a subdivision process is to provide a simple system of legally defining property. Another longstanding purpose of subdivision regulations is to ensure that lots are actually "buildable" - that they meet the lot area and yard requirements of the zoning district; that they have access from a public way; that the land is suitable for buildings (e.g. not too steep, and not subject to flooding); and that adequate provisions have been made for water and sewer service, whether through community or individual on-site systems. Easements may also be required, generally along the edges of lots, to accommodate public and private utility lines. Subdivision review ensures that streets line up properly and connect from one development to another, are properly designed and constructed and are named in a logical way that does not cause confusion for emergency and delivery services. Subdivision regulations also govern grading and drainage, erosion control and the installation of sidewalks, street trees and lighting. Developers may be required to pay for improvements off-site (e.g. a turn lane and/or a signal in the adjacent arterial street for traffic safety), as well as, on the site
Plats involving new streets are prepared by engineers or surveyors who understand the many technical requirements. If a new street right-of-way is being dedicated to the public, a preliminary plat must be filed. The preliminary plat is reviewed by staff from various departments and agencies and placed on the Planning Commission agenda for action. The Planning Commission will make a recommendation to the City Council. If the City Council approves the preliminary plat, then final plats are prepared and submitted, with appropriate improvements installed or guaranteed before the plat can be approved. The final plat will be presented to the Planning Commission which will make a recommendation to the City Council. If the City Council approved the final plat, then the approved final plat is then filed with the County Register of Deeds, at which time ownership of the individual lots may be legally transferred
For more information on subdivisions, contact a member of the Planning Department Development Review staff at (402) 597-2077.
Back to Top
How can I get a map and/or aerial photo that shows the area around the property I am looking to purchase?
You may get information about property by visiting the Sarpy County website here. If you visit our office, a Planning Department staff member will be glad to assist you in finding out more about any parcel of land in which you may have an interest.
Back to Top
How can I tell if my property is inside or outside the city limits?
You may contact the Planning Department by phone at (402) 597-2077. If you need verification that the property is outside the City limits, please include the address and legal description of the property. The City limits also appear on the zoning map.
Back to Top