This title (including Chapters 11 through 59 inclusive) of the Kearney Municipal Code shall be known as the Unified Land Development Ordinance of the City of Kearney.

The provisions of this ordinance shall be applicable to all property within the corporate limits of the City of Kearney and its two-mile extra-territorial jurisdiction as provided by Chapter 19, Article 9, Sections 19-901 through 19-929, and Chapter 16, Article 9, Sections 16-901 through 16-904 of the Nebraska Revised Statutes, with the exception of those properties owned or acquired by municipal, county, or state government for the advancement of government projects or purposes.

The purposes of the Unified Land Development Ordinance of the City of Kearney are to:

A.

Serve the public health, safety, and general welfare of the City and its jurisdiction.

B.

Classify property in a manner that reflects its suitability for specific uses.

C.

Provide for sound, attractive development within the City and its jurisdiction.

D.

Encourage compatibility of adjacent land uses.

E.

Protect environmentally sensitive areas.

F.

Further the objectives of the Comprehensive Development Plan of the City of Kearney.

The City of Kearney intends that this Unified Land Development Ordinance and any amendments to it shall be consistent with the City's Comprehensive Development Plan. It is the City's intent to amend this ordinance whenever such action is deemed necessary to keep regulatory provisions in conformance with the Comprehensive Development Plan.

The Unified Land Development Ordinance shall be held to provide the minimum requirements necessary for the promotion of the public health, safety, and welfare. If any provision of the Unified Land Development Ordinance conflicts with any other provision of the Unified Land Development Ordinance, any other Ordinance of the City of Kearney, or any applicable state or federal law, the more restrictive provision shall apply.

Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any local, state, or federal ordinance or statute.

The City of Kearney is hereby declared to be exempt from the terms and provisions of this Unified Land Development Ordinance.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

This Ordinance shall be published in book or pamphlet form and shall, together with the maps being a part hereof, shall be filed with the City Clerk of the City of Kearney, Nebraska.