Kearney City Zoning Code
ARTICLE XVII
"C" General Commercial District
Section 405.475 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1611-2025, 2-18-2025]
The general commercial district is intended to provide a location for personal, professional, and business services and the general retail of the community. The district may also include light industrial and high-density residential uses that complement the commercial centric experience of the district.
Section 405.480 Permitted Uses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1396-2019, 5-20-2019; Ord. No. 1512-2023, 1-17-2023; Ord. No. 1611-2025, 2-18-2025]
A.
Animal hospital or clinic, without kennel.
B.
Government offices.
C.
Open space.
D.
Park.
E.
Hospital services.
F.
Public utilities and facilities.
G.
Maintenance and service facilities.
H.
Primary education facilities.
I.
Secondary education facilities.
J.
Places of religious worship.
K.
Public safety facilities.
L.
Cultural facilities.
M.
Hospice care facilities.
N.
General office.
O.
Automotive washing.
P.
Automotive service station.
Q.
Automotive repair services (minor).
R.
Private club.
S.
Athletic and exercise facilities.
T.
Communication services.
U.
Financial services.
V.
Food sales (general).
W.
Food sales (limited).
X.
Food sales (convenience).
Y.
Funeral services.
Z.
Retail services (general).
AA.
Retail services (limited).
AB.
Hotels and motels.
AC.
Personal improvement services.
AD.
Personal services.
AE.
Restaurant (fast food).
AF.
Restaurant (limited).
AG.
Restaurant (general).
AH.
Other medical services.
AI.
Bar/tavern/cocktail lounge.
AJ.
Recreation services (indoor).
AK.
Veterinarian clinic, with outdoor kennels.
AL.
Veterinarian clinic, without outdoor kennels.
Section 405.485 Conditional Uses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1232-2013 §1, 12-16-2013; Ord. No. 1232-2013 §1, 12-16-2013; Ord. No. 1294-2015 §1, 11-16-2015; Ord. No. 1611-2025, 2-18-2025]
A.
Assisted living facility.
B.
Multi-family apartment.
C.
Nursing home.
D.
College/university facilities.
E.
Community recreation.
F.
Child care center.
G.
Group child care home.
H.
Postal services.
J.
Automotive rental services.
L.
Auto repair services (major).
M.
Boarding house or lodging house.
O.
Recreation services (outdoor).
P.
Construction sales and services.
Q.
Landscape sales and services.
R.
Maintenance and repair services.
S.
Custom manufacturing.
T.
Light industrial.
U.
Warehousing and distribution.
V.
Truck stop.
W.
Telecommunication facilities, subject to the provisions of Section 405.705(F).
X.
Camps, travel trailer and RV parks, provided that no camper shall occupy a campground for a period exceeding sixty (60) consecutive days.
Y.
Single-family dwellings, either constructed originally as single-family structures or converted from structures originally intended for other purposes (e.g., duplexes).
Z.
Two-family dwellings, either constructed originally as duplexes or converted from structures originally intended for other purposes (e.g., single-family dwellings).
AA.
Wind energy conversion systems.
AB.
Surface parking.
AC.
Parking structures.
AD.
Community garden.
Section 405.490 Development Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1347-2017, 8-21-2017; Ord. No. 1611-2025, 2-18-2025]
Table 9 "C" General Commercial District Site and Building Development Regulations | |
|---|---|
Site Planning | |
Maximum residential density | 36 dwelling units per acre (gross) |
Minimum lot area | None |
Maximum lot coverage | 70% |
Lot dimensions | None |
Parking | Refer to Parking Table[1] |
Building | |
Minimum setbacks | Front yard - 15 feet Interior side yard - 10 feet Rear yard - 20 feet |
Maximum building height | 75 feet 50 feet if less than 100 feet from "R-R," "R-1," "R-2," or "R-3" zoning |
Section 405.495 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.
Access To Commercial Districts. No land which is located in a residential district shall be used for a driveway, walkway or access purpose to any land which is located in any commercial district.
E.
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 Unified Development 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.
F.
Outdoor Storage In Equipment Rental Businesses. Storage areas shall be fully screened from view from adjacent residentially zoned property or residential uses by an approved treatment that may include building placement, walls, fencing and landscaping. Such storage areas shall not be located in the front setback or buffer area.
G.
Automobile Sales And Service Stations. Businesses engaged in the sale of gasoline and oil may permit open display of merchandise commonly sold by automobile service stations, i.e., oil, batteries, tires, wiper blades, etc. No permanent open display will be permitted on sidewalks or public rights-of-way. Such display will be adequately screened from adjacent residential property.