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Kearney City Zoning Code

ARTICLE XXIII

"AQ" Aquifer Protection Overlay District

Section 405.640 Application.

[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The regulations set forth in this Article or set forth elsewhere in these regulations, when referred to in this Article, are the regulations in the Aquifer Protection Overlay District ("AQ"). The regulations in this district shall be supplemental to the regulations of the underlying zoning district. The Aquifer Protection Overlay District ("AQ") is designed to safeguard the public health, safety and welfare of the customers of protected public water supplies by regulating land use and the storage of hazardous materials. The area extent of the zone is described as the land area within the City of Kearney which lies within the one (1) year capture area adjacent to existing and proposed public wells of a protected public water supply, including a two thousand six hundred forty (2,640) foot strip of land outside of the direct recharge area in locations where the direct recharge area within the one (1) year capture area impinges on the aquifer boundary. The intent of this district is to protect the community's potable water supply against contamination.

Section 405.645 Use Regulations.

[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
The principal uses of land in an "AQ" District are as follows:
1. 
Municipal water supply, treatment and operations facilities;
2. 
Public parks, playgrounds and community centers;
3. 
The permitted uses of the underlying zoning district.
B. 
The following conditional uses may be permitted in an "AQ" District.
1. 
Existing residences if not already permitted.
2. 
Public utility uses such as electric and telephone substations, gas regulator buildings and electric and communication transmission towers and structures.
3. 
Truck terminals.
4. 
Motor vehicle service or washing stations.
C. 
The following uses are prohibited within the Aquifer Protection Overlay District ("AQ").
1. 
The manufacture, use, transport, storage or disposal of toxic or hazardous materials as a principal activity.
2. 
Sanitary and construction/demolition landfills and other commercial dump sites.
3. 
Junk yards or salvage yards.
4. 
Excavation, extraction, mining or processing of sand, gravel and/or limestone.
D. 
The following accessory uses customarily incident to the above permitted uses and located on the same lot therewith are allowed.
1. 
Use and storage of hazardous substances in conjunction with municipal water supply, public parks, playgrounds and community centers.
2. 
Use of hazardous substances in conjunction with any conditional use permit granted in this district shall be limited to:
a. 
Routine use of property.
(1) 
The aggregate of hazardous substances in use may not exceed twenty (20) gallons or one hundred sixty (160) pounds at any time.
(2) 
The total use of hazardous substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
b. 
Non-routine maintenance or repair of property or equipment.
(1) 
The aggregate of hazardous substances in use may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
(2) 
The total use of hazardous substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.

Section 405.650 Performance Standards.

[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. 
New or replacement septic tanks and associated drain fields for containment and disposal of human waste shall conform to existing regulations of the City.
B. 
Non-public water wells shall conform to existing regulations of the City.
C. 
Underground Storage Tanks (UST).
1. 
Existing UST facilities shall comply with local, State and Federal fire and environmental UST regulations regarding tanks and pressurized lines.
2. 
The City may make periodic inspections for compliance with local, State and Federal regulations and may spot check inventory records.
3. 
Newly constructed or reconstructed UST installations shall have double containment for both piping and tanks. This shall be accomplished with either a below ground vaulted tank, a double walled tank or other approved technology. All piping shall be double walled.
4. 
The City shall be notified of a new UST installation so that it can be inspected. Installation shall be in compliance with existing local, State and Federal fire and environmental UST regulations.
D. 
Any facility (excluding households) involving collection, handling, manufacture, use, storage, transfer or disposal of hazardous materials shall prepare and have on file with the City an acceptable contingency plan designed to prevent hazardous materials from contaminating the aquifer should floods, fire or other natural catastrophes or equipment failure occur.

Section 405.655 Parking Regulations.

[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The off-street parking and loading standards within the Aquifer Protection Overlay District ("AQ") shall be those of the underlying zoning district.

Section 405.660 District Development Regulations.

[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The height, area and yard regulations within the "AQ" Aquifer Protection Overlay District shall be those of the underlying zoning district.