Kearney City Zoning Code
ARTICLE XXVIII
"DOD" Downtown Overlay District
Section 405.900 Purpose And Intent.
[Ord. No. 1611-2025, 2-18-2025]
A.
The purpose of the Downtown Overlay District ("DOD") is to foster a vibrant, walkable downtown area by encouraging mixed-use development and greater density of commercial and residential spaces. This overlay seeks to:
1.
Enhance the economic vitality of downtown by attracting businesses, services, and residents that are unique to the City of Kearney.
2.
Encourage a greater number of housing options that allow residents choice and live through different phases of life in the City of Kearney.
3.
Improve pedestrian connectivity and promote an accessible, walkable downtown core that is at the heart of the City transportation and trail network.
Section 405.905 Applicability.
[Ord. No. 1611-2025, 2-18-2025]
The "DOD" shall apply to properties within the designated Downtown Overlay District boundary as depicted in the Future Land Use Map.[1] The requirements of this overlay district are supplementary to the underlying zoning regulations. Where conflicts arise, the provisions of the "DOD" shall prevail.
[1]
Editor's Note: The Future Land Use Map is on file in the City offices.
Section 405.910 Permitted Uses.
[Ord. No. 1611-2025, 2-18-2025]
A.
To increase density, mixed-use development is strongly encouraged with retail, restaurant, and service-oriented businesses on the ground floor and office and residential units on upper floors. All uses allowed in the Downtown Overlay District shall be permitted. Uses permitted in the underlying zoning but not in the Downtown Overlay District shall be permitted and allowed to continue operation.
B.
Permitted uses:
1.
Town house.
2.
Multiplex.
3.
Multi-family apartment.
4.
Government offices.
5.
General offices.
6.
Financial services.
7.
Food sales (limited).
8.
Food sales (convenience).
9.
Retail services (general).
10.
Retail services (limited).
11.
Hotels and motels.
12.
Bed and breakfast inns.
13.
Personal improvement services.
14.
Personal services.
15.
Restaurant (limited).
16.
Restaurant (general).
17.
Other medical services.
18.
Marijuana dispensary.
19.
Bar/tavern/cocktail lounge.
20.
Recreation services (indoor).
21.
Custom manufacturing.
22.
Community gardens.
23.
Cultural facility.
Section 405.915 Density And Height Incentives.
[Ord. No. 1611-2025, 2-18-2025]
A.
The "DOD" encourages increased density and height to maximize space within the downtown area.
1.
Maximum residential density: 44 du per acre.
2.
Maximum building height: 75 feet.
Section 405.920 Development Standards.
[Ord. No. 1611-2025, 2-18-2025]
A.
To promote cohesive and pedestrian-friendly development, the following standards shall apply:
1.
Setbacks.
a.
Maximum front yard setback: 10 feet; buildings must front directly toward the sidewalk;
b.
Minimum rear and side setbacks may be reduced by up to fifty percent (50%) of the underlying zoning requirement.
B.
Parking. To encourage the development of a walkable, human-scale, and vibrant downtown area, new developments may be allowed a lower amount of parking than indicated in the Parking Table[1]. The applicant must submit a parking study and site plan that clearly indicates incidental impacts on nearby businesses and minimal impact to local traffic.
[1]
Editor's Note: See Table 14, Parking Table, in Section 405.740.
C.
Public Spaces. Developments are encouraged to incorporate open spaces, such as plazas, outdoor seating, and landscaping, to activate the street and create community gathering areas.
D.
Facade Design. The development of new buildings or renovation, remodeling and additions to existing buildings in the district shall incorporate building materials and architectural designs consistent with the overall design character, per the following criteria:
1.
Architectural styles and buildings shall complement the historic development patterns and preserve the area's distinct visual character;
2.
Building facades for commercial and/or mixed use structures should include transparent elements, such as windows or glass doors, covering at least sixty percent (60%) of the ground floor frontage facing a street to create an inviting streetscape;
3.
Building quality shall meet or exceed that of the surrounding area to upgrade building conditions and appearances, to improve economic viability and to reduce blight;
4.
Within any area that is designated now or in the future as a historic district or as a historical landmark, such area or structure shall adhere to the Secretary of Interior Standards for Rehabilitation.
Section 405.925 Review And Approval.
[Ord. No. 1611-2025, 2-18-2025]
All development proposals within the "DOD" are subject to a review process to ensure consistency with this overlay including the submittal of a site plan.