Architectural projections, including roofs which cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project three feet into a required yard.

Terraces, patios, uncovered decks and ornamental features that have no structural element more than two feet above or below the adjacent ground level may project into any required yard as follows:

Terraces, patios, uncovered decks and ornamental features that have a structural element more than two feet above or below the adjacent ground level may project 10 feet into a required front, street side or rear yard. However, all such projections must be set back at least five feet from any front or street side lot line. For the purposes of regulating setbacks, a deck that is partially or fully covered by an arbor, pergola or similar shade-providing feature shall be considered a covered deck.

Paved driveways, interior sidewalks and pads may be located within a front yard, interior side yard or rear yard, but must be set back a minimum of one foot from the side lot line and three feet from the rear property line. On a corner lot, driveways or parking pads not providing access to a garage are not permitted within a required street side yard setback.

Fire escapes, fireproof outside stairways and balconies opening to fire towers may project a maximum of three feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

For buildings constructed upon a front property line, a cornice may project into the public right-of-way. Maximum projection is the smaller of four feet or 5% of the right-of-way width.

In commercial districts, a canopy may extend into a required front yard, provided that the canopy is set back at least five feet from the front property line, covers less than 15% of the area of the required front yard and has a vertical clearance of at least eight feet six inches.

Lampposts with a maximum height of 10 feet and flagpoles up to maximum height of the base district may be located within required yards, provided that they are set back at least five feet from property lines.

Accessibility improvements, such as ramps, elevators and lifts, may project a maximum of 10 feet into any required setback, but not closer than three feet to any property line, per the following requirements:

Setbacks on built-up blockfaces. These provisions apply if 40% or more of the buildings on that blockface have front yard setbacks different from those required for the specific district.

Corner lots. Required setbacks shall not reduce the buildable width of any corner lot to less than 24 feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.

Antennas which are accessory to a principal use and are designed to receive and transmit electromagnetic signals or to receive signals from satellites shall not be located within any front yard of the principal use.

Such antennas shall be located no less than 15 feet from the property line of an adjacent property within a residential zoning district.

Radio towers, antennas and other appurtenances operated by licensed amateur radio operators, where permitted and when, may not exceed 75 feet in height. This height has been determined by the City to reasonably accommodate amateur service communications, and further represents the minimum practicable regulation to accomplish legitimate municipal land use regulation purpose, as recognized under published guidelines of the Federal Communications Commission.

Special instances may require that amateur radio tower heights exceed 75 feet to achieve effective and reliable communications. In such cases, the City Council may grant a special use permit to a licensed amateur radio operator for a specific tower height that exceeds 75 feet. In determining whether to grant such permission, the City Council shall consider the federal guidelines contained in PRB-1 (Amateur Radio Preemption), 101 FCC 2d (1985), codified at CFR Section 97.15(e).

Such radio towers shall not be located within any front yard of the principal use.

The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a special use permit approval if the Planning Commission finds that the reduction is consistent with public health, safety and welfare. No part of the WECS, including guy anchors, shall be closer than five feet to any lot line.

The distance between the tower support bases of any two WECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a special use permit approval if the Planning Commission finds that the reduction does not impede the operation of either WECS.

The WECS operation shall not interfere with radio, television, computer or other electronic operations on adjacent properties.

A fence six feet high with a locking gate shall be placed around any WECS tower base; or the tower climbing apparatus shall begin no lower than 12 feet above ground.

The WECS is exempt from the height restrictions of the base district.

The property owner shall have six months to complete decommissioning of the WECS if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities down to 36 inches below grade. Disturbed earth shall be graded and reseeded, unless the Planning Director approves the landowner's written request to maintain the access roads and/or not restore the land surface to a native state.

Decibel levels for the WECS shall not exceed 60 decibels (dba) measured at the closest neighboring inhabited dwelling unit, except during short-term events such as utility outages and severe wind storms.

Signage on a WECS visible from public right-of-way is prohibited, except the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

Maximum height. A single retaining wall shall not be more than five feet in height. Retaining walls may be used in series, provided that each five-foot high wall is separated by a horizontal shelf of not less than the height of the lower wall to avoid placing the retaining wall on top of a forty-five-degree slip. The horizontal shelf shall be landscaped with plant materials to soften the image of the walls. Retaining walls located on property developed as single-family, two-family, or duplex are exempt from the maximum height requirement.

Retaining walls in a landscaped buffer. When a retaining wall is located within a required landscape buffer at a property boundary:

Materials. Retaining walls shall be constructed of decorative masonry, stone, or simulated stone that is compatible in color, texture, size and scale to the materials used in the buildings on the same site.

Pedestrian safety. Any retaining wall that exceeds four feet in height and is adjacent to a residential use, residential zoning district, public sidewalk or trail, public park, or civic use shall have a fence, handrail, or uninterrupted shrubbery of at least 36 inches in height at the top. Fencing rules for the district shall apply.

Height. The maximum height of a fence within a required front yard setback shall be three feet. The maximum height for any fence outside of a required front yard shall be six feet, provided that a sight obstruction is not caused by the placement of said fence. For double frontage lots where the rear yard is adjacent to a major street and the lot does not take direct access to the major street, the maximum height of a fence within the rear yard shall be six feet, as long as a sight obstruction at a street intersection is not created by the placement of said fence.

Height exceptions for primary and secondary educational facilities and Parks and Recreation services. The maximum height of any fence installed as part of primary educational facility, secondary educational facility or park and recreation use types within residential zoning districts shall be eight feet.

Height exceptions for certain residential uses and for athletic surfaces or fields. The maximum height of fences installed for any residential use classified as multiple-family residential, condominium, townhouse residential, group residential, retirement residential, or for any nonresidential use within residential zoning districts to enclose an athletic surface or field, such as a tennis court, baseball field, or soccer field, to protect spectators from balls or similar projectiles shall be 20 feet.

Height. The maximum height of a fence for any permitted use in any nonresidential zoning district shall be eight feet, except that the maximum height of fences installed to enclose an athletic surface or field, such as a tennis court, baseball field, or softball field, to protect spectators from balls or similar projectiles shall be 20 feet.

(Reserved)

Height adjustment. The Board of Adjustment may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City of Papillion.

A pool-enclosure fence required in Subsection H of this section is permitted with the following requirements:

A fence is permitted for Lots 306-328, Eagle Hills and Lot 1, Eagle Hills Replat 2 with the following requirements:

Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than six feet in height, which shall be constructed as to not have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory structure may be used as part of such enclosure. All gate and door openings through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

All fences enclosing private, residential or family pools shall be constructed to conform to all other requirements of the City Building Code regulations.

This requirement shall be applicable to all new swimming pools or family pools hereinafter constructed other than indoor pools. All existing swimming pools shall be subject to these enclosure regulations when said existing pools are no longer considered a nonconforming use pursuant to Article XXXIX of this chapter.

No person in possession of land within the zoning jurisdiction of the City of Papillion, either as an owner, purchaser, lessee, tenant or licensee, upon which is situated a swimming pool or family pool having a minimum depth of 18 inches shall fail to provide or maintain such fence or wall as herein provided.

The Board of Adjustment may make such modifications in individual cases, upon showing good cause with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided that the protection as sought hereunder is not reduced thereby.

Maximum building area. No accessory building classified as a shed shall exceed 300 square feet in an R-1, R-2, R-3, or R-4 District. No accessory building classified as a shed shall exceed 480 square feet in an RE District. No other accessory building shall exceed 960 square feet in an R-1, R-2, R-3, R-4, or RE District, except that an accessory building classified as a detached garage for multifamily development in the R-4 District shall not exceed 1,750 square feet.

Number of accessory buildings allowed. In the R-1, R-2, R-3, and R-4 Districts, not more than two accessory buildings are permitted per lot, except for multifamily developments in the R-4 District and schools in any district.

Height. In the R-1, R-2, R-3, and R-4 Districts, the maximum height shall be 15 feet for any accessory building. In the RE District, the maximum height for any accessory building shall be 20 feet. For a detached garage with gambrel style roof, the height will be measured from the average grade to the midpoint of the upper roof plane.

Building materials. Accessory buildings in excess of 200 square feet must be constructed of materials that are consistent in type, color, and scale of the principal building on the site, including roof materials. Accessory buildings located in the AG District that are used for agricultural use types shall be exempt from the building materials requirement.

Front yards. In the AG, RE, R-1, R-2, R-3, and R-4 Districts, no accessory building may be located between the front building line of the principal building and the front property line, except that accessory buildings located in the AG District that are used for agricultural use types may be located between the front building line of the principal building and the front property line, provided that the accessory building meets the front yard setback for the AG District.

Interior side yards. An accessory structure may be located five feet from the interior side lot line of the property only if such accessory structure is located between the rear building line of the principal building and the rear property line. Accessory buildings in the AG, RE, R-1, R-2, R-3, and R-4 Districts that are not in excess of 200 square feet and 10 feet in height shall be exempt from the interior side yard setback, provided that the accessory building is located between the rear building line of the principal building and the rear property line. An accessory structure that is located between the front building line of the principal building and the rear building line of the principal building shall comply with the interior side yard setback of the zoning district.

Street side yards. No detached garage shall be located within 20 feet from any street lot line. All other accessory structures shall be located 15 feet from any street lot line, except that accessory buildings in the AG, RE, R-1, R-2, R-3, and R-4 Districts that are not in excess of 200 square feet and 10 feet in height shall be exempt from the street yard setback, provided that the accessory building is located between the rear building line of the principal building and the rear property line. An accessory structure that is located between the front building line of the principal building and the rear building line of the principal building shall comply with the street side yard setback of the zoning district.

Rear yard. The minimum rear yard setback for accessory structures shall be eight feet, except that accessory buildings in the AG, RE, R-1, R-2, R-3, and R-4 Districts that are not in excess of 200 square feet and 10 feet in height shall be exempt from the rear yard setback. This minimum rear yard setback shall be increased to 15 feet for an accessory building that allows vehicular access from an alley. Double frontage lots shall require front yard setbacks along both street frontages, except that the standard eight-foot rear yard setback shall be permitted when all of the following conditions are met:

Detached accessory structures.

Attached accessory structures. Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district.

Effect on adjacent properties. If an adjacent lot is built upon, the accessory structure must be entirely to the rear of the front line of any principal building on such adjacent lot. No accessory structure shall damage adjacent property by obstructing views, inhibiting solar access or hindering ventilation.

Hazards. Any accessory structure that creates a potential fire hazard shall be located a minimum of eight feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens or storage of flammable materials.

No accessory structure shall be built upon any lot until construction of the principal building has begun.