Kearney City Zoning Code
ARTICLE XVI
"C-1" Neighborhood Commercial District
Section 405.450 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
This commercial district is intended to provide for the continued use, expansion and new development of small scale, low-intensity neighborhood commercial use types which serve and are in proximity to residential neighborhoods throughout the City and to ensure compatibility with adjacent residential and commercial uses. The district is also intended to provide convenient pedestrian access within the district and to and from the surrounding neighborhoods, minimizing conflicts with the district between pedestrians and vehicles.
B.
The uses permitted in this district shall be enclosed by structures compatible with surrounding residential architecture and no single-use building shall be larger than fifteen thousand (15,000) square feet in floor area, unless the Planning and Zoning Commission grants an exception with an approved site plan.
Section 405.455 Permitted Uses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1512-2023, 1-17-2023; Ord. No. 1611-2025, 2-18-2025]
A.
Open space.
B.
Park.
C.
Primary education facilities.
D.
Secondary education facilities.
E.
Places of religious worship.
F.
Public safety facilities.
G.
Cultural facilities.
H.
Hospice care facilities.
I.
Animal hospital or clinic, without outdoor kennel.
J.
Automotive repair services (minor).
K.
Financial services.
L.
Food sales (limited).
M.
Food sales (convenience).
N.
Retail services (limited).
O.
Bed and breakfast home or inn.
P.
Personal improvement services.
Q.
Personal services.
R.
Restaurant (limited).
S.
Restaurant (general).
T.
Bar/tavern/cocktail lounge.
U.
Other medical services.
V.
Marijuana dispensary.
W.
Veterinarian clinic, without outdoor kennels.
X.
Recreation services (indoor).
Y.
Community garden.
Section 405.460 Conditional Uses.
[Ord. No. 1101-2008 §§1 — 2, 10-10-2008; Ord. No. 1611-2025, 2-18-2025]
A.
Assisted living facility.
B.
Multi-family apartment.
C.
Multiplex.
D.
Nursing home.
E.
Congregate care facility.
F.
Adult day care home.
G.
Government offices.
H.
College/university facilities.
I.
Community recreation.
J.
Nursery school.
K.
Child day care center.
L.
Family day care center.
M.
General office.
N.
Automotive washing.
O.
Automotive service station.
P.
Automotive rental services.
R.
Auto Repair services (major).
S.
Auto Repair services (minor).
T.
Private club.
U.
Athletic and exercise facilities.
V.
Communication services.
W.
Food sales (general).
X.
Retail services (general).
Y.
Hotels and motels.
Z.
Boarding house or lodging house.
AA.
Restaurant (fast food).
AB.
Veterinarian clinic, with outdoor kennels.
AC.
Surface parking.
AD.
Parking structures.
AE.
Telecommunication facilities, subject to the provisions of Section 405.705(F).
AF.
Single-family dwellings, either constructed originally as single-family structures or converted from structures originally intended for other purposes (e.g., duplexes).
AG.
Two-family dwellings, either constructed originally as duplexes or converted from structures originally intended for other purposes (e.g., single-family dwellings).
AH.
Wind energy conversion systems.
Section 405.465 Development Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1611-2025, 2-18-2025]
Table 8 "C-1" Neighborhood Commercial District Site and Building Development Regulations | |
|---|---|
Site Planning | |
Maximum residential density | 36 dwelling units per acre (gross) |
Minimum lot area | 4,000 sq. ft. |
Maximum lot coverage | 70% |
Minimum lot dimensions | 40' width x 100' depth |
Parking | Refer to Parking Table[1] |
Building | |
Minimum setbacks | Front yard - 25 feet Interior side yard - 10 feet Rear yard - 25 feet |
Maximum building height | 60 feet |
Section 405.470 Special Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Site Plan Required. An application for all permitted and conditional uses shall include a site plan in accordance with the provisions of Section 405.140 Site Plan Requirements.
B.
Landscape Plan And Buffer Zone Required. An application for all permitted and conditional uses shall include a landscape plan and buffer zone in accordance with the provisions of Article XXVI Landscaping Regulations.
C.
Screening Required. All mechanical equipment, trash refusal areas and roof-mounted equipment must be screened from public view and, when practical, located on the rear elevation of a building.
D.
Outdoor Storage And Merchandise Display. It shall be unlawful for any owner or occupant to place, deposit or maintain outdoor storage on any premises or property except as permitted in this Section.
Retailers of both new and used merchandise shall be permitted to display outdoors. The following conditions shall apply to the display of merchandise outdoors:
1.
Display of merchandise must be set back ten (10) feet from all property lines.
2.
No merchandise may be placed on a public sidewalk. Merchandise may be placed on a private sidewalk as long as all other conditions for display are met, including a four (4) foot clearance.
3.
All merchandise shall be located within the confines of the retailer's owned or leased property.
4.
No merchandise may be placed on landscaping, within three (3) feet of either side of a working doorway or within ten (10) feet directly in front of a working doorway.
5.
Merchandise shall not be placed in a designated sight triangle or in any location which would impair a driver's view of a street.
6.
Merchandise shall be displayed and maintained in a neat, clean, tidy and orderly manner.
7.
Temporary parking lot sales shall be a permitted use in business districts, as long as the sales are conducted as an extension from a permanent structure containing a retail business. In addition, minimum off-street parking requirements must be maintained, as well as any other provisions of this Code. This Section shall not be construed to allow a sub-lessee to occupy a parking lot for the purpose of conducting independent sales activity.
8.
The size of the outdoor display area for secondhand goods or merchandise shall be limited to ten percent (10%) of the total indoor gross floor area of the business and in no event shall exceed one hundred (100) square feet.
9.
No secondhand goods or merchandise shall be displayed or stored or otherwise left outdoors during non-operating hours of the business.
10.
This Section shall not apply to the sale of motor vehicles, trailers or boats.