Kearney City Zoning Code
ARTICLE XXI
"CBD" Central Business District Overlay District
Section 405.580 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
This district includes the commercial uses in the Central Business District which provide the major focus of retail, government, business services and entertainment facilities for the entire community.
Section 405.585 Use Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
No building, land or premises shall be used and no building or structure shall be erected or altered unless otherwise provided for in these regulations, except for the following uses:
1.
Any use permitted in the base commercial district.
2.
Accessory uses and structures as provided in Article V. Accessory buildings and uses shall be constructed in a style and manner similar and sympathetic to a principal building or use.
3.
Dwelling units constructed on a second (2nd) or higher story of a building in conjunction with commercial uses established on the first (1st) floor of such structures.
Section 405.590 District Development Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Table 11 "CBD" CENTRAL BUSINESS DISTRICT OVERLAY DISTRICT SITE AND BUILDING DEVELOPMENT REGULATIONS | ||
|---|---|---|
Site Planning | ||
Minimum lot area | ||
Maximum lot coverage | 100% | |
Minimum lot dimensions | ||
Width | 20 feet | |
Depth | 50 feet | |
Parking | ||
On-site spaces | No off-street parking spaces need be provided for property located in the Central Business District Overlay | |
Building | ||
Minimum setbacks | No minimum yard setbacks required | |
Maximum building height | 45 feet or 3 stories | |
Section 405.595 Special Regulations.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008; Ord. No. 1656-2025, 11-3-2025]
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 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.
D.
Outdoor Storage And Merchandise Display.
1.
No article or material stored or offered for sale in connection with uses permitted in this district shall be stored or displayed outside the confines of a building unless it is screened by permanent ornamental walls, fences or planting that it cannot be seen from adjoining streets or lots when viewed by a person standing on ground level; provided, however, that no screening in excess of seven (7) feet in height shall be required.
2.
Notwithstanding Subsection (A), retailers located within the district may display merchandise on sidewalks subject to the following conditions:
a.
Merchandise shall not reduce the clear pedestrian access route to less than five (5) feet in width, or such greater width as may be required by ADA accessibility standards.
b.
Merchandise shall not be placed within three (3) feet of either side of a working doorway, nor within five (5) feet directly in front of a working doorway.
c.
Merchandise shall not be placed in a designated sight triangle or in any location which would impair pedestrian or driver visibility.
d.
Merchandise shall be displayed and maintained in a neat, clean, and orderly manner.
e.
No merchandise may be left on sidewalks or public rights-of-way during nonoperating hours of the business.
f.
Outdoor display shall be considered an accessory activity to the principal use and shall not exceed ten percent (10%) of the indoor gross floor area of the business.