BOARD OF ADJUSTMENT MEETING March 22, 2018 SUBJECT:

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1 SARPY COUNTY, NE BOARD OF ADJUSTMENT STAFF REPORT VARIANCE REQUEST FROM SANITARY & IMPROVEMENT DISTRICT #261 BOARD OF ADJUSTMENT MEETING March 22, 2018 SUBJECT: Application # BOA : Variance of the Sarpy County Zoning Regulations, Section Subdivision Identification Signs for Residential District Signs requesting a variance of the minimum 15-foot setback from Lot line or street right-of-way line. PROPERTY INFORMATION APPLICANT / PROPERTY OWNER: Sanitary and Improvement District No. 261 MAILING ADDRESS: West Center Road Omaha, NE SUBJECT PROPERTY LOCATION / LEGAL DESCRIPTION: Intersection of 197 th reet and Chandler reet Lot 205, Bellbrook as surveyed, platted and recorded in Sarpy County, Nebraska ZONING DESIGNATION: RS-72 Single-Family Residential District COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION: Low to Medium Density Residential

2 APPLICABLE DEFINITIONS (from Section 3 of Subdivision Regulations) SIGN shall mean and include any outdoor sign, display, declaration, device, figure, drawing, illustration, message, placard, poster, billboard, insignia, or other things which are designed, intended, or used for direction, information, identification, or to advertise, to inform, or to promote any business, product, activity, service, or any interest, except the following: Signs less than 50 square feet in area and less than 25 feet in height of a public or quasi-public nature or other official notices that are authorized by the ate, the County, or a Federal Government Agency, directional, informational, or other official signs or notices authorized by law. BACKGROUND DESCRIPTION OF DEVELOPMENT: The Bellbrook Subdivision Development was preliminary platted and approved in 2003, with the Final Plats being approved in phases in 2004 and The Homeowner s Association wishes to erect Subdivision Identification Signs at two locations within the development. The entrance signs would be located on the southeast corner of 201 st reet and Harrison reet and on the Neighborhood Park property where 197 th reet dead ends into Chandler reet. When the Bellbrook Development was originally platted in 2005, there is nothing indicating that there would be signage located on the neighborhood park property, nor was there an outlot designated for one. The applicant is there requesting approval of a variance of the 15 foot required setback so that the sign may be placed within the required setback. APPLICABLE SUBDIVISION REGULATIONS: SECTION 40 SIGN REGULATIONS 40.1 INTENT The intent of this section is to regulate signs as defined hereinafter, to protect the safety of users of the streets and highways, to assure compatibility with uses associated with signs, and to avoid adverse effects on adjacent property values and living conditions. This section shall include, as part of its provisions, those portions of existing codes and laws relating to the erection and maintenance of signs and outdoor advertising structures which are not in conflict with these regulations. These regulations are in compliance with the Nebraska Revised atute (Reissue 1995) GENERAL REGULATIONS All signs and sign structures shall be kept in good repair in a proper state of presentation. Signs which are abandoned and in a state of disrepair for a continuous period of six (6) months shall be removed within thirty (30) days after notice by registered mail. It shall be the responsibility of the property owner to remove or cause to be removed all business signs within three (3) months from the time the premises are vacated.

3 No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, where it is a hazard to traffic, or signs that create a safety hazard by obstructing the clear view of pedestrians or vehicles or which obscure official signs or signals Only one side of a sign structure shall be considered in computing the total allowable sign surface area except in the case of "V" type signs where the interior angle is more than 45 degrees, both sides shall be considered in computing the total allowable sign surface area. Advertising signs shall comply with building setback requirements in their respective Zoning Districts Sign structures shall not project beyond the height requirements of the subject Districts except that where the grade of the premises upon which such sign structure is erected is below the average grade level of the street or road to which such sign may be oriented, the height shall be measured from such average grade of such street or highway to the highest point of the sign structure Vision-clearance area. No sign may project into or be placed within the Sight Triangle as defined in Section 44, Definitions SIGNS ALONG HIGHWAYS Signs along highways shall meet all of the requirements of the zoning districts in which they are located Along all roads which are part of the National System of Interstate and Defense Highways and all Federal Aid Primary Roads in the ate of Nebraska, the Rules and Regulation of the Nebraska ate Department of Roads will apply and are incorporated by this reference into the zoning regulations of the County PERMITS A permit shall be required for the erection, relocation or alteration of a sign A building permit fee shall accompany each application for a permit. The permit shall be obtained by the individual or firm erecting the sign After issuance of a permit for erection of a sign with removable panels or letters for advertising programs at a theater, no new permit shall be required for rearrangement of the approved panel or letters to indicate changes in programming All permits will expire by limitation at the end of one year from date of issuance, if not used, except that renewals by the Director of Planning may be granted without additional fee for one (1) additional year Exempt signs. The following signs are permitted in any zoning district and are exempt from other provisions of this section: (A) Signs for religious assembly or school uses, provided that they have a maximum sign area of 32 square feet and are not located in a required sign setback. Religious assembly uses, secondary schools and high schools may apply for a special use permit for additional sign area.

4 (B) Real estate signs for sale, rental or lease of property on which the sign is located provided the signs are no more than 10 square feet in area. (C) Official signs authorized by a government or governmental subdivision which give traffic, directional or warning information. (D) Public Flags and religious symbols are not considered signs and are exempt provided they meet the required sign setback of the district. (E) Seasonal decorations for display on private or public property. (F) Temporary signs for grand openings or special events, after first obtaining a sign permit for a temporary sign. The duration of the temporary sign must be included in the sign permit application and the proposed sign shall not obstruct the view of traffic or create a hazard or be placed on public right-of-way. (G) Residential contractor signs during course of construction provided the sign is not more than 10 square feet in area. (H) Works of graphic art painted or applied to building walls which contain no advertising or business identification messages. (I) Residential signs, including home occupations, not more than two square feet in size and setback a minimum of 10 feet from the lot line or street right-of-way line. (J) reet numbers. reet addresses shall be clearly visible from the right-of-way in order to allow emergency vehicles the opportunity to easily see the addresses. (K) Signs which are not visible from a public right-of-way, private way or court or from a property other than that on which the sign in installed. (L) Directional or informative signs provided they are part of an approved sign permit application. (M) Temporary civic and non-profit organization signs on the premises (40 day limit) having a maximum of 10 height and minimum of 15 setback from lot line or street right-of-way line. (N) Signs pertaining to produce grown on premises having a maximum of 25 square foot in area and minimum setback of 10 from the lot line or street right-of-way line SIGNS IN THE PUBLIC RIGHT-OF-WAY No signs shall be allowed in the public right-of-way, except for the following: Permanent Signs. Appropriate permanent signs, including: (A) Public signs erected by or on behalf of a governmental body including, but not limited to, those to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; (B) Bus stop signs erected by a public transit company; (C) Informational signs of a public utility company regarding its poles, lines, pipes, or facilities Subdivision or Center Identification Signs. Subdivision or Center identification signs may be erected in the right-of-way by the County, a Sanitary and Improvement District, or a Homeowners Association subject to the following conditions:

5 (A) The sign shall not exceed maximum limitations as specified in Sections 40.7, 40.8, 40.9 and (B) Regardless of the height and size restrictions, no sign may be erected which creates a visual obstruction for vehicular traffic. (C) The sign shall only be a "monument sign" as defined in this ordinance. (D) In the event such sign abuts a residential lot, approval of the abutting property owner shall be required. (E) All such signs shall be approved by the Planning Director and County Engineer prior to installation. A Sign Permit shall also be required. (F) If, after installation, it is determined by the County Engineer that the sign creates a hazard to vehicular or pedestrian traffic it may be removed by the Public Works Department Emergency Signs. Emergency warning signs erected by a governmental body, a public utility company, or a contractor authorized to do permitted work within the public right-of-way PROHIBITED SIGNS A sign which will in any manner obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or physically interfere with a driver's view of approaching, merging, or intersecting traffic A sign which contains or is an imitation of an official traffic sign or signal, or contains the words "stop," "go slow," "caution," "danger," "warning," or similar words A sign which is of a size, location, movement, content, coloring, or manner of illustration which may be confused with or construed as a traffic control device or which hides from view any traffic or street sign, or signal A sign which contains or consists of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similarly- moving devices A sign which contains, includes, or is illuminated by any intermittent, revolving, rotating, or moving light or lights or moves, or has any animated or moving parts, with the exception of lighted, animated, or moving parts providing public service information such as time, date, temperature, weather, or similar information A sign which is not maintained in a neat, clean, and attractive condition and in good repair Any sign having a beacon light, or blinking, flashing, or fluttering lights or other illuminating device which has a changing light intensity, brightness or color Any lighted sign which is not so erected or maintained to effectively shield and prevent beams or rays of light from being directed at any portion of the traveled way or primary highway A sign which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle Any billboard sign less than 660 feet from the nearest edge of the right-of-way of

6 any road or highway which is a part of Federal-aid systems, as defined by Section 103 of Title 23 of the United ates Code No billboard signs shall be permitted in Flood Plain and Planned Development Districts, other than the signs allowed under the Zoning District to which these districts are appended Signs painted on or attached to rocks, trees or other natural objects Signs on public property or public right-of-way, unless specifically authorized by Section 40.5 of this regulation AGRICULTURAL DISTRICT AND AIRPORT DISTRICT SIGNS The following signs are permitted in the Agricultural and Airport Districts and all other signs are expressly prohibited: Signs pertaining to other permitted uses and legally nonconforming uses on premises MAXIMUM SIZE 8 sq. ft. MAXIMUM NUMBER 1 per each street frontage LOCATION 10 Back of lot line or street right-of-way line PERMIT REQUIRED Yes Signs pertaining to uses authorized by the County Board of Commissioners as special permitted uses 15 sq. ft. 1 per each street frontage 10 Back of lot line or street right- of-way line Yes Billboard sign structures 600 square feet ' From Back of Lot Line or street right-ofway line Yes Min of 10 feet or ½ height of sign from back of lot line or street right-ofway Not to exceed 30 feet height above grade 500 feet from existing residence or residential district

7 40.8 RESIDENTIAL DISTRICT SIGNS The following signs are permitted in the Residential Districts and all other signs are expressly prohibited: MAXIMUM SIZE MAXIMUM NUMBER LOCATION PERMIT REQUIRED All signs in to as permitted therein Subdivision Signs offering lots within the subdivision for sale within an approved subdivision on the premises 200 sq. ft. Maximum area 15 feet maximum height above grade 1 per each street frontage of the subdivision or development 15 feet back of lot line or street right-ofway line Yes Subdivision Identification Signs 60 sq. ft. area 10 ft. maximum height above grade 1 per entrance 15 ft. setback from lot line or street right-ofway line Yes

8 40.9 BUSINESS DISTRICT SIGNS The following signs are permitted in business zones and other signs are expressly prohibited Any sign advertising the use of the land and building upon which displayed, for the sale of goods or services on the same premises, or the name or location of the proprietor MAXIMUM SIZE 500 square feet maximum of all detached signs on a lot not to exceed 20 feet above grade ** (see below) MAXIMUM NUMBER 1 detached sign per lot or 1 per 1000 feet of frontage. Area of wall signs to not exceed 25% of front of building facade area. LOCATION Min 10 feet back of lot line or street right- of-way line PERMIT REQUIRED Yes Temporary identifying signs for a building project on the lot for which a building permit has been issued and in effect 24 sq. ft. 1 per each frontage 10 Back of lot line or street rightof-way line Yes Center Identification Signs A sign erected to provide direction to a development including multiple uses and / or structures within a Business or Industrial Development area. Center Identification signs shall include the name of said development and may include, when permitted, the names of major tenants of the development. Center Identification Signs shall typically be similar to Ground (Monument) signs. 150 sq. ft. Maximum Height 20 feet above grade 1 per 1000 feet of frontage 10 foot Back of lot line or street rightof- way line Yes ** For signs that are placed within 660 feet of an Interstate Right-of-Way, and the grade of the sign location is below the grade of nearest part of the Interstate (excluding on and off ramps), a maximum height limit of 20 feet above the grade of nearest part of the Interstate (excluding on and off ramps) shall be allowed. However, under no circumstances shall any sign exceed 80 feet in height.

9 40.10 INDUSTRIAL AND MANUFACTURING DISTRICT SIGNS Any sign advertising the use of the land and building upon which displayed, for the sale of goods or services on the same premises, or the name or location of the proprietor MAXIMUM SIZE ** (see below) *** (see below) MAXIMUM NUMBER 1 detached sign per frontage Area of wall signs to not exceed 25% of front of building façade area. LOCATION Zero setback from property line so long as the structure does not fall within the sight distance triangle (Definitions Section 44) PERMIT REQUIRED Yes Center Identification Signs A sign erected to provide direction to a development including multiple uses and / or structures within a Business or Industrial Development area. Center Identification signs shall include the name of said development and may include, when permitted, the names of major tenants of the development. Center Identification Signs shall typically be similar to Ground (Monument) signs. 200 sq. ft. Maximum of Height 20 feet above grade 1 per 1000 feet of frontage Zero setback from property line so long as the structure does not fall within the sight distance triangle (Definitions Section 44) Yes ** One square foot for each lineal foot of street frontage provided; in the case of a corner lot, 20% of the allowable sign surface area for one street frontage may be deducted there from and added to the other street frontage or, 40% of the area of the building facade of the principal building situated upon the premises or other elevation to which the sign is oriented, measured from grade level to 35 feet or the actual height of the building, whichever is lower, or 500 square feet in area, whichever is greater, 20 feet in height above natural grade, including foundation base and support. *** For signs that are placed within 660 feet of an Interstate Right-of-Way, and the grade of the sign location is below the grade of nearest part of the Interstate (excluding on and off ramps), a maximum height limit of 20 feet above the grade of nearest part of the Interstate (excluding on and off ramps) shall be allowed. However, under no circumstances shall any sign exceed 80 feet in height.

10 40.11 NON-CONFORMING SIGNS Any lawfully existing sign which is not in compliance with these regulations shall be subject to the following provisions: Repairs and Alterations. No structural alterations shall be made to such sign except those required by law, or except to make the sign conform to the regulations of this Section 40. Routine or ordinary maintenance, repair, or alterations may be made, however Destruction or Damage of a Non-Conforming Sign. If any non-conforming sign is damaged exceeding two-thirds (2/3) of its replacement value, it shall not be rebuilt; provided, however, that nothing herein contained shall prevent maintenance, repainting, or posting of non-conforming signs Non-Conforming Signs May Be Changed. A non-conforming sign may be changed to a sign conforming to the provisions of this Section 40. A nonconforming sign shall not be changed to any other non-conforming sign Discontinuance. A lawful sign existing at the time of the passage of these regulations, although such does not conform to the provisions hereof, may be continued, but if the sign surface of a non-conforming sign is removed for a period of twelve months or if the business being advertised is closed for a period of more than twelve months, any further use of said sign shall be in conformity with the provisions of these regulations. SPECIFIC REQUIREMENTS IN APPROVAL OF A VARIANCE FINDINGS / ANALYSIS In any action to approve a variance, the Board shall make findings which shall be recorded in the minutes of the Board that are in conformance with the requirements of Nebraska Revised atute More specifically the Board shall find that: A. The strict application of any applicable provision of the applicable County Subdivision regulation would, in each specific variance petition, result in at least one of the following: 1. Peculiar and exceptional practical difficulties to or undue hardship upon the owner of the piece of property included in the petition due to exceptional narrowness, shallowness or shape of the piece of property in question; aff Analysis: Lot 205 is a platted lot currently being used as a neighborhood park and abuts the lots that are improved with the community clubhouse and pool. While signage is allowed on the parcel, it would be required to meet minimum setbacks for the district. Resulting Hardship: Yes / No

11 2. Peculiar and exceptional practical difficulties to or undue hardship upon the owner of the piece of property included in the petition due to exceptional topographic conditions on the piece of property in question; aff Analysis: It appears that there is plenty of space within the boundaries of this platted lot to allow for the proposed signage to meet the minimum setback requirements. Resulting Hardship: Yes / No 3. Peculiar and exceptional practical difficulties to or undue hardship upon the owner of the piece of property included in the petition due to other extraordinary and exceptional situation or condition of the piece of property in question. aff Analysis: The lot was platted for the intended use of a neighborhood park and has adequate area for the sign to be installed according to code. Resulting Hardship: Yes / No B. In authorizing any variance the Board shall also make findings, which shall be recorded in the minutes of the Board, that EACH of the following requirements for authorizing a variance can be met: 1. Such variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the applicable County Subdivision regulations; aff Analysis: The purpose of the zoning regulation is to promote the health, safety, morals, convenience, order, prosperity, and welfare of the residents. Therefore, the minimum setback requirements are intended to ensure proper site distance at intersecting streets for visibility and safety. Setbacks distances are the same for all street/intersection types. Specific requirement: satisfied / not satisfied 2. The strict application of the requirements of the applicable County Zoning Regulations would produce an undue hardship upon the owner of the property included in the petition; aff Analysis: The strict application of the code would not produce an undue hardship on the owner as the subject property has adequate space to accommodate signage that can meet the minimum setback requirements. Specific requirement: satisfied / not satisfied 3. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; aff Analysis: aff does not feel this specific requirement can be met. Specific requirement: satisfied / not satisfied 4. The authorization of such variance will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the variance;

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13 DECISION AND ORDER Motion to Approve Variance Application for Sanitary and Improvement District No. 261 I find that the following hardship exists (list hardships), and I find that the following requirements have been met: (list the requirements) therefore I move to approve the Sanitary and Improvement District No. 261 variance request, as proposed and presented to the Sarpy County Board of Adjustment, finding that at least one hardship has been created by the strict application of the Zoning Ordinance and finding that each specific requirement has been satisfied. Seconded: Vote: Ayes Nays Abstain Members Present: OR Motion to Deny Variance Application for Sanitary and Improvement District No. 261 I move to deny the Sanitary and Improvement District No. 261 variance request, as proposed and presented to the Sarpy County Board of Adjustment based on the following findings of fact: Seconded: Vote: Ayes Nays Abstain Members Present:

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17 CHANDLER STREET CHANDLER STREET LOT ' 13.50' 197TH STREET 7421 S. 197TH STREET ne1call.com Dial: 811 know what's below. Call before you dig. PROJECT SITE GILES RD. 216TH STREET VICINITY MAP inch = 10 ft. B.N.R.R. "Q" STREET HARRISON STREET GILES ROAD 204TH STREET 192ND STREET 180TH ST. 180TH STREET Proj No: Date: P /05/2018 Designed By: Drawn By: Scale: MAT MAT 1" = 10' Sheet: 1 of 1 No Revisions Date Description E & A CONSULTING GROUP, INC. Date Description PARK MONUMENT LAYOUT BELLBROOK SID 261 SARPY COUNTY, NEBRASKA Engineering Planning Environmental & Field Services Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Matthew Tiarks 2/2/2018 1:12 PM K:\Projects\2008\207\p00\Park Plans\2017 Monument Plans\Park Monument Layout-000.dwg

18 S & W Fence CONTRACTOR: WET C DES Artisan one Company DATE: DRWN BY: COLOR: PRODUCT: BELLBROOK PARK 11/6/17 BELLBROOK MONUMENT SIGNS PROJECT: TOP VIEW FRONT VIEW -denotes finish edges NOTE: LIFT OR SUPPORT ALL PRECAST AT QTR PTS UNLESS NOTED OTHERWISE PC BASE PLAN JOB #: PAGE: SD2 ENL. SIGN SECTION

19 S 204th S 195th Harrison S Brookside Ln S 201st Josephine Emiline Cir Emili ne S 199th Gertrude S 198th 197th Cir S 197th Cir S 196th Audrey S t Josephine S 194th S 193rd Edna Josephine S 189th Josephine Josephine Bellbrook Blvd Oli Olive S 198th Cir S 197th Subject Property Outlined in blue (Low to Medium Density Residential) ve Plz S 192nd S 191st Lillian Margo S 198t h Chandle r Chandler S 197th Ave S 197th Redwood S 195th S 194th Ave Redwood Redwood S 190th Willow Willow Cir S 190th Ave Cottonwood Rosewood S 196th Ave S 197th Cottonwood S 194th S 193rd Ave S 193rd S 192nd Ave Blackwalnut Briar Current FLU - Sarpy Co Legend Future Land Use Sarpy County, Nebraska Miles Agriculture General Commercial Residential Estates Business Park Low to Medium Density Residential Light Industrial Medium to High Density Residential Heavy Industrial Mixed Use Area Parks, Recreation, and Open Space Lot 205, Bellbrook Board of Adjustment Amended

20 S 196th Cir Bellbrook Blvd Josephine RS-72 S 197th S 198th Cir Josephine RS-72 Subject Property (Outlined in red) Chandler RS-72 S 197th Redwood RS-72 AG S 197th Ave La Vista Gretna Papillion Springfield S 196th Bellevue S 195th Vicinity Map - Current Zoning Lot 205, Bellbrook Board of Adjustment