Chapter 13 shall be known as the Use Types. The purpose of the Use Types is to establish a classification system for land uses and a consistent set of terms defining uses permitted or conditionally permitted within various zoning districts. The Use Types chapter also provides a procedure for determining the applicable use type of any activity not clearly within any defined use type.

A.

Classification of Uses. In the event of any question as to the appropriate use types of any existing or proposed use or activity, the City Planner of the City of Kearney shall have the authority to determine the appropriate use type. A determination of the City Planner may be appealed to the Board of Adjustment. In making such determinations, the City Planner and Board of Adjustment shall consider such characteristics or specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists.

B.

Records. The City Planner shall make all such determinations of appropriate use types in writing. The record of the determination shall contain a report explaining the reasons for the determination.

Agricultural use types include the planting, cultivating, harvesting, and storage of grains, hay, or plants commonly grown in Buffalo or Kearney Counties; or the raising and feeding of livestock or poultry.

A.

Agricultural Market. A limited commercial sales operation that allows the sale of agricultural produce and products made from agricultural produce, homemade crafts, food and drink for consumption on the premises. Related activities may include but are not limited to hayrack rides, horseback rides, petting zoos, corn mazes, hike/bike paths, nature tours and other similar agricultural entertainment and recreation opportunities.

B.

Aquaculture. The raising and growing of plants and/or animals for sale or personal use that requires a body of water. This use may include accessory retail sales under certain conditions. Typical uses include fish farms or aquaponic greenhouses.

C.

Horticulture. The growing of horticultural and floricultural specialties, such as flowers, shrubs, or trees intended for ornamental or landscaping purposes. This use may include accessory retail sales under certain conditions. Typical uses include wholesale plant nurseries and greenhouses.

D.

Crop Production. The raising and harvesting of tree crops, row crops or field crops on an agricultural or commercial basis. This use may include accessory retail sales under certain conditions.

E.

Animal Production. The raising of animals for production of animal products, such as eggs or dairy products on an agricultural or commercial basis on a site which is also used for crop production or where grazing of natural vegetation is the major feed source; or the raising of animals for recreational or educational use. This use may include accessory retail sales under certain conditions. Typical uses include grazing, ranching, free ranch dairy farming, and poultry farming.

F.

Confined Animal Feeding Operation (CAFO). The use of a site of any size for the confined feeding or holding of one thousand (1,000) or more animal units of livestock or poultry, or of a site with a gross density of two (2) or more animal units per acre, within buildings, lots, pens, or other close quarters which are not used for crop production or where grazing of natural vegetation is not the major feed source. Livestock and poultry shall include any animal or fowl which are used primarily for use as food or food products for human consumption, or for laboratory or testing purposes. A CAFO does not include areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed to graze or feed. For the purpose of calculating animal units, the animal unit equivalents for each type of livestock are established as follows:

G.

Livestock Sales. The use of a site for the temporary confinement and exchange or sale of livestock. Typical uses include sales barns.

H.

Urban Farming. The use of property for the cultivation and growing of horticultural crops for commercial use. Typical uses include hydroponics and/or aeroponics.

(Ord. No. 6964, 6-10-2003; Ord. No. 8130, 3-14-2017; Ord. No. 8672, § 1, 5-14-2024)

Residential use types include uses providing wholly or primarily non-transient living accommodations. They exclude institutional living arrangements providing twenty-four (24) hour skilled nursing or medical care, forced residence, or therapeutic settings.

A.

Single-Family Residential. The use of a site for one (1) dwelling unit, occupied by one (1) family. Mobile home units, as defined by this Section, are not a single-family residential use type.

1.

Single-Family Residential (Detached): A single-family residential use in which one (1) dwelling unit is located on a single lot, with no physical or structural connection to any other dwelling unit.

2.

Single-Family Residential (Attached): A single-family residential use in which one (1) dwelling unit is located on a single lot and is attached by a common vertical wall to only one (1) other adjacent dwelling unit on another single lot.

B.

Duplex Residential. The use of a legally-described lot for two (2) dwelling units, each occupied by one (1) family within a single building, excluding manufactured or mobile home units, but including modular housing units.

C.

Townhouse Residential. The use of a site for three (3) or more attached dwelling units, each occupied by one (1) family and separated by vertical side walls extending from foundation through roof without openings. Each townhouse unit must have at least two (2) exposed exterior walls.

D.

Multiple-Family Residential. The use of a site for three (3) or more dwelling units within one (1) building not otherwise defined as townhouse units.

E.

Downtown Residential. The use of upper levels above street level of a building within the Central Business District of the City of Kearney for single or multiple family residential uses.

F.

Group Residential. The use of a site for the residence of more than three (3) unrelated persons, not otherwise defined as a family, in which occupants are accommodated in rooms not defined as dwelling units. Group Residential uses are limited to facilities that are officially recognized or operated by a college or university, government agency, or nonprofit organization. Typical uses include fraternity or sorority houses and dormitories not incorporated into a college and university use type.

G.

Lodging House. The use of a site for the residence of more than three (3) unrelated persons, not otherwise defined as a family, in which occupants are accommodated in rooms not defined as dwelling units.

H.

Manufactured Home Residential. Use of a site for one (1) manufactured home dwelling, as defined in Section 12-116.

I.

Mobile Home Park. Use of a site under single ownership for one (1) or more mobile home units. Generally, the land on which mobile homes are placed in a Mobile Home Park is leased from the owner of the facility.

J.

Mobile Home Subdivision. Division of a tract of land into lots that meet all the requirements of the City of Kearney's Subdivision Chapter for the location of manufactured or mobile homes on permanent foundations. Generally, a lot within a Mobile Home Subdivision is owned by the owner of the mobile home placed upon such lot.

K.

Retirement Residence. A building or group of buildings which provide residential facilities, provided that seventy-five percent (75%) of the residents are at least sixty (60) years of age, or households headed by a householder of at least sixty (60) years of age. A retirement residence may provide a range of residential building types and may also provide support services to residents, including, but not limited to, food service, general health supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services. The retirement residence may accommodate food preparation in independent units or meal service in one (1) or more common areas. Retirement residences may include additional health care supervision or nursing care.

(Ord. No. 8321, § 1, 2-12-2019; Ord. No. 8717, § 1, 1-14-2025)

Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with social importance.

A.

Administration. Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, and city offices.

B.

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery as well as pet cemeteries and pet crematoria.

C.

Clubs. Uses providing meeting, recreational, or social facilities for a private, nonprofit or noncommercial association, primarily for use by members and guests.

1.

Clubs (Recreational): Clubs which provide indoor and/or outdoor athletic facilities, with or without social or meeting facilities. Typical uses include country clubs, private or nonprofit community or recreation centers, and private golf courses and driving ranges.

2.

Clubs (Social): Clubs which provide primarily social or meeting facilities. Typical uses include private social clubs and fraternal organizations excluding restricted adult entertainment business as defined in Section 13-107.BB.

D.

College and University Facilities. An educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization.

E.

Community Garden. A shared piece of land or property, typically owned by a nonprofit, where individuals or groups come together to grow fruits, vegetables, flowers, and herbs. Individual "garden plots" may be leased or rented, but the property is maintained by the individuals or groups.

F.

Convalescent Services. A use providing bed care and inpatient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services. Typical uses include nursing homes.

G.

Cultural Services. A library, museum, or similar registered nonprofit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one (1) or more of the arts and sciences.

H.

Day Care Home Services (Limited). This use type includes all classifications of day care facilities located in the provider's place of residence regulated by the State of Nebraska that operate providing care for not more than eight (8) persons plus two (2) additional school age children during non-school hours; or, providing care for no more than four (4) babies if providing infant care ONLY. This term includes facilities licensed by the State of Nebraska Department of Health & Human Services, Division of Public Health as "Family Child Care Home I."

I.

Day Care Home Services (General). This use type includes all classifications of day care facilities, located in the residence of the provider or in any other approved location, regulated by the State of Nebraska that operate providing care for not more than twelve (12) persons. A maximum of two (2) providers may be employed, according to license standards. This term includes facilities licensed by the State of Nebraska Department of Health & Human Services, Division of Public Health as "Family Child Care Home II."

J.

Day Care Centers. This use type includes all classifications of day care facilities, located in the provider's residence or any other approved location, regulated by the State of Nebraska that operate providing care for more than thirteen (13) or more persons. This term includes facilities licensed by the State of Nebraska Department of Health & Human Services, Division of Public Health as "Child Care Center" and/or "Preschool."

See the Nebraska Department of Health and Human Services for Day Care Licensing.

K.

Detention Facilities. A publicly operated or contracted use providing housing and care for individuals legally confined, designed to isolate those individuals from the community.

L.

Emergency Residential Services. A facility or use of a building to provide a protective sanctuary for victims of crime or abuse, including emergency housing during crisis intervention for victims of rape, abuse, or physical beatings.

M.

Group Care Facility. A facility licensed or approved by the State of Nebraska or other appropriate agency, which provides for the care and short or long-term, continuous multi-day occupancy of more than three (3) unrelated persons who require and receive therapy or counseling on site as part of an organized and therapeutic ongoing program for any of the purposes listed below. Such facilities shall exclude those uses defined as group homes. Group Care Facilities include facilities which provide for the:

1.

Adaptation to living with, or rehabilitation from, the handicaps of physical disability.

2.

Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or of mental retardation if such facility has an overnight occupancy of more than eight (8) persons.

N.

Group Care Facility (Limited). A facility licensed or approved by the State of Nebraska or other appropriate agency, which provides for the care and short or long-term, continuous multi-day occupancy of more than three (3) unrelated persons who require and receive therapy or counseling on site as part of an organized and therapeutic ongoing program for any of the purposes listed below. Such facilities shall exclude those uses defined as group homes. Group Care Facilities include facilities which provide for the:

1.

Rehabilitation from the effects of drug or alcohol abuse.

2.

Supervision while under a program alternative to imprisonment, including, but not limited to, pre-release, work-release, and probationary programs.

O.

Group Home. A facility licensed by the State of Nebraska in which no more than eight (8) persons, not including resident managers or house parents, who are unrelated by blood, marriage, or adoption reside while receiving therapy, training, or counseling for the purpose of adaptation to living with or rehabilitation from cerebral palsy, autism, or mental retardation.

P.

Guidance Services. A use providing counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition on a daytime care basis.

Q.

Health Care. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors.

R.

Hospital. A facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an inpatient basis, including emergency treatment, diagnostic services, training, administration, and services to patients, employees, or visitors.

S.

Maintenance Facilities. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

T.

Park and Recreation Services. Publicly-owned and operated parks, playgrounds, recreation facilities including publicly-owned community centers, and open spaces.

U.

Postal Facilities. Postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

V.

Primary Educational Facilities. A public, private, or parochial school offering instruction at the elementary school level in the branches of learning study required to be taught in schools within the State of Nebraska.

W.

Public Assembly. Facilities owned and operated by a public agency, charitable nonprofit, or private organization accommodating major public assembly for recreation, sports, amusement, or entertainment purposes. Typical uses include civic or community auditoriums, sports stadiums and arenas, convention facilities, fairgrounds, incidental sales, and exhibition facilities.

X.

Religious Assembly. A use located in a permanent building and providing regular organized religious worship, administrative offices, fellowship/social hall, and religious education incidental thereto.

Y.

Safety Services. Facilities for conduct of public safety and emergency services including police and fire protection services and emergency medical and ambulance services.

Z.

Secondary Educational Facilities. A public, private, or parochial school offering instruction at the junior high or high school level in the branches of learning and study required to be taught in the schools of the State of Nebraska.

AA.

Utilities. Any above ground structures or facilities, other than lines, poles, and other incidental facilities, used for the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, energy media, communications, electronic or electromagnetic signals, or other services which are precedent to development and/or use of land.

(Ord. No. 7835, 9-10-2013, effective January 1, 2014; Ord. No. 8089, 7-12-2016; Ord. No. 8321, § 2, 2-12-2019; Ord. No. 8672, § 2, 5-14-2024; Ord. No. 8717, § 2, 1-14-2025)

Office use types include uses providing for administration, professional services, and allied activities. These uses often invite public clientele but are more limited in external effects than commercial uses.

A.

Corporate Offices. Use of a site for administrative, processing, or research offices, which generally does not provide service to clientele from Kearney and the surrounding region. Corporate offices are destinations for commuters drawn from a relatively wide region around Kearney, as well as from the community itself. Typical uses include corporate headquarters offices, telemarketing, or information processing offices.

B.

General Offices. Use of a site for business, professional, or administrative offices who may invite clients from both local and regional areas. Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; or professional offices.

C.

Financial Services. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are provided on site. Typical uses include banks, savings and loan associations, credit unions, savings banks, and loan companies. An ATM (Automatic Teller Machine) that is not accompanied on-site by an office of its primary financial institution is considered within the Personal Services Use Type. The Financial Services use type is divided into two (2) categories. Financial Services A includes less than four thousand (4,000) square feet of floor area and has no more than two (2) drive-up lanes (including ATM lanes). Financial Services B includes four thousand (4,000) square feet or more of floor area and/or has more than two (2) drive-up lanes.

D.

Medical Offices. Use of a site for facilities which provide diagnoses and outpatient care on a routine basis, but which does not provide prolonged, in-house medical or surgical care. Medical offices are operated by doctors, dentists, or similar medical practitioners licensed for practice in the State of Nebraska. The Medical Offices use type is divided into two (2) categories. Medical Offices A includes less than three thousand (3,000) square feet of floor area. Medical Offices B includes three thousand (3,000) square feet or more of floor area.

Commercial uses include the sale, rental, service, and distribution of goods; and the provision of services other than those classified under other use types.

A.

Agricultural Sales and Service. Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, farm equipment, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, farm implement dealerships, feed and grain stores, and tree service firms.

B.

Automotive and Equipment Services. Establishments or places of business primarily engaged in sale and/or service of automobiles, trucks, or heavy equipment. The following are considered automotive and equipment use types:

1.

Automobile Auction Lots: Sale of motor vehicles through a process of periodic auctions or bid procedures. Automobile auction lots usually include large on-site storage areas of motor vehicles and lack showrooms, auto repair facilities and other structures and facilities which generally characterize new car dealerships.

2.

Automotive Rental and Sales: Sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance, and servicing. Typical uses include new and used car dealerships; motorcycle dealerships; and boat, trailer, and recreational vehicle dealerships.

3.

Auto Services Limited: Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles; and washing and cleaning and/or the sale of equipment and parts. Typical uses include service stations, car washes, muffler shops, tire sales and installation, wheel and brake shops, and limited service activities.

4.

Auto Services General: Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts and other limited auto services. Typical uses include auto repair garages, body and fender repair services, and Auto Services Limited (as listed above). Dismantling and salvage services constitutes an industrial use type, described in Section 13-109, Subsection J.

5.

Equipment Rental and Sales: Sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance, and servicing. Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

6.

Equipment Repair Services: Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but exclude dismantling, salvage, or body and fender repair services.

C.

Bed and Breakfast. A lodging service that provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast. Bed and breakfasts are usually located in large residential structures that have been adapted for this use. For the purpose of this definition, bed and breakfasts are always owned and operated by the resident owner or resident manager of the structure, include no more than eight (8) units, and accommodate each guest or visitor for no more than seven (7) consecutive days during any one (1) month period.

D.

Business Support Services. Establishments or places of business primarily engaged in the sale, rental or repair of equipment, supplies and materials or the provision of services used by office, professional and service establishments to the firms themselves but excluding automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms, messenger and incidental delivery services, custodial or maintenance services, and convenience printing and copying.

E.

Business or Trade Schools. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

F.

Campground. Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles, camping cabins or tents, which accommodate each guest or visitor for no more than seven (7) consecutive days during any one (1) month period. A camping cabin is a portable and temporary living quarter only to be used in campgrounds.

G.

Cocktail Lounge. A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a restaurant as that term is defined in this section.

H.

Commercial Recreation Indoor. Private businesses, or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators. Typical uses include theaters, private dance halls, billiard or bowling centers, game arcades, or private skating facilities.

I.

Commercial Recreation Outdoor. Private businesses or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators. Typical uses include golf courses, batting ranges, swimming pools, go cart courses, and paintball ranges or courses.

J.

Communications Services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as Utilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities. Broadcast towers, and their minor ancillary ground structures are classified as "Miscellaneous Use Types".

K.

Construction Sales and Services. Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware. This use type excludes those uses classified under Automotive and Equipment Services. Typical uses include building materials sales, or tool and equipment rental or sales.

L.

Consumer Services. Establishments which provide services, primarily to individuals and households, but excluding Automotive Use Types. Typical uses include automated banking machines, appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

M.

Convenience Storage. Storage services primarily for personal effects and household goods within enclosed storage areas having individual access but excluding use of such areas as workshops, hobby shops, manufacturing, or commercial activity. Typical uses include mini-warehousing.

N.

Food Sales. Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Food Sales establishments may include the sale of non-food items. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

1.

Convenience Food Sales: Establishments occupying facilities of less than ten thousand (10,000) square feet; and characterized by sales of specialty foods or a limited variety of general items, and the sales of fuel for motor vehicles constituting four (4) pumps or less.

2.

Limited Food Sales: Establishments occupying facilities of less than ten thousand (10,000) square feet; and characterized by sales of specialty foods or a limited variety of general items, but excluding the accessory sale of fuel for motor vehicles. Typical uses include delicatessens, meat markets, retail bakeries, candy shops, and small grocery stores.

3.

General Food Sales: Establishments selling a wide variety of food commodities and related items, using facilities larger than ten thousand (10,000) but less than forty thousand (40,000) square feet. Typical uses include grocery stores and locker plants.

4.

Supermarkets: Establishments selling a wide variety of food commodities, related items, and often providing a variety of non-food goods and services, using facilities larger than forty thousand (40,000) square feet. Typical uses include large grocery stores.

O.

Fuel Sales. Establishments or places of business primarily engaged in the retail sale of fuel, constituting five (5) or more fuel pumps, and including the sale of food or household products for home consumption.

P.

Funeral Services. Establishments engaged in undertaking services such as preparing the human dead for burial, and arranging and managing funerals. Typical uses include funeral homes, crematoriums or mortuaries.

Q.

Furniture and Appliance Stores. Establishments engaged in primarily selling furniture and/or appliances and exceeding ten thousand (10,000) square feet of retail space.

R.

Gaming Facilities. Establishments engaged in the lawful, on-site operation of games of chance that involve the risk of money for financial gain by patrons. Gaming facilities shall include the accessory sale of liquor and food, pursuant to regulations of the City of Kearney and/or the State of Nebraska.

S.

Kennels. Boarding and care services for dogs, cats and similar small mammals or large birds; or any premises on which more than four (4) animals included under this definition over four (4) months of age are kept and maintained. Typical uses include boarding kennels, ostrich raising facilities; pet motels, or dog training centers.

T.

Laundry Services. Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plans, diaper services, or linen supply services.

U.

Liquor Sales. Establishments or places of business engaged in retail sale for off-premise consumption of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.

V.

Lodging. Lodging services involving the provision of room and/or board, but not meeting the classification criteria of Bed and Breakfasts. Typical uses include hotels, apartment hotels, and motels.

W.

Personal Improvement Services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services of a nonprofessional nature. Typical uses include driving schools, health or physical fitness studios, music schools, reducing salons, dance studios, handicraft and hobby instruction, but excluding instructional vehicle driving ranges.

X.

Personal Services. Establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; television or electronics repair; or dry cleaning stations serving individuals and households. Personal Services include establishments providing for the administration of massage or massage therapy carried out by persons licensed by the State of Nebraska when performing massage services as a part of the profession or trade for which licensed or persons performing massage services under the direction of a person so licensed; or persons performing massage services or therapy pursuant to the written direction of a licensed physician.

Y.

Pet Services. Retail sales, incidental pet health services, and grooming and boarding, when totally within a building, of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops, but exclude uses for livestock and large animals.

Z.

Research Services. Establishments primarily engaged in research of an industrial or scientific nature. Typical uses include electronics research laboratories, space research and development firms, testing laboratories, or pharmaceutical research labs.

AA.

Restaurants. A use engaged in the preparation and retail sale of food and beverages; including the sale of alcoholic beverages when conducted as a secondary feature of the use.

1.

Restaurant (Drive-in or Fast Food): An establishment which principally supplies food and beverages in disposable containers and is characterized by high automobile accessibility and on-site accommodations, self-service, and short stays by customers.

2.

Restaurant (General): An establishment characterized by table service to customers and/or accommodation to walk-in clientele, as opposed to Drive-in or Fast Food Restaurants. Typical uses include cafes, coffee shops, and restaurants.

BB.

Restricted (or Adult Entertainment) Businesses. Any business activity which offers the opportunity to view specified sexual activities or view and touch specified anatomical areas in a manner that lacks serious literary, artistic, political, or scientific value. This category includes the sale or viewing of visual or print materials that meet this criteria if the sale of such material constitutes more than twenty percent (20%) of the sales or retail floor area of the establishment. For the purposes of this definition, specified anatomical areas include the following if less than opaquely covered: human genitals, the pubic region, pubic hair, or the female breast below a point immediately above the top of the areola. Specified sexual activities include any of the following conditions:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Acts or representations of acts of human masturbation, sexual intercourse with humans or animals, oral sex, or flagellation.

3.

Fondling or erotic touching of human genitals, pubic region, buttock, or female breast.

4.

Excretory functions as part of or in connection with any activities set forth in 1 through 3 above.

Typical uses include retail services or stores which are distinguished by an emphasis on activities or materials that emphasize primarily sexual content in their inventory and marketing practices; businesses which offer live performances characterized by exposure of specified anatomical areas; and adult theaters. Businesses may be classified as adult entertainment businesses without regard to service of alcoholic beverages.

CC.

Retail Services. Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications. Typical uses include department stores, apparel stores, or establishments providing the following products or services:

Household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, and handcrafted items; apparel jewelry, fabrics and like items; cameras, photograph services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, hardware, carpeting and floor covering; interior decorating services; office supplies; mail order or catalog sales; bicycles; and automotive parts and accessories (excluding service and installation).

Furniture and appliance stores providing for sales and repair of large furniture and appliance items.

General Retail Services include:

1.

Limited Retail Services: Establishments providing retail services, occupying facilities of three thousand (3,000) square feet or less. Typical establishments provide for specialty retailing or retailing oriented to Kearney and its surrounding vicinity.

2.

Medium Retail Services: Establishments providing retail services, occupying facilities between three thousand one (3,001) and ten thousand (10,000) square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general purpose retailing oriented to Kearney and its surrounding vicinity.

3.

Large Retail Services: Establishments providing retail services, occupying facilities between ten thousand one (10,001) and forty thousand (40,000) square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general purpose retailing oriented to Kearney and its surrounding vicinity.

4.

Mass Retail Services: Establishments providing retail services, occupying facilities over forty thousand (40,000) square feet in a single establishment or multi-tenant facility. Typical establishments provide for general purpose retailing oriented to Kearney and the surrounding region.

DD.

Stables and/or Riding Academies. The buildings, pens and pasture areas used for the boarding and feeding of horses, llamas, or other equine not owned by the occupants of the premises. This use includes instruction in riding, jumping, and showing or the riding of horses/equine for hire.

EE.

Surplus Sales. Businesses engaged in the sale, including sale by auction, of used items or new items which are primarily composed of factory surplus or discontinued items. Surplus sales uses sometimes include regular outdoor display of merchandise. Typical uses include flea markets, auction houses, factory outlets, or merchandise liquidators.

FF.

Trade Services. Establishments or places of business primarily engaged in the provision of services that are not retail or primarily dedicated to walk-in clientele. These services often involve services to construction or building trades and may involve a small amount of screened, outdoor storage in appropriate zoning districts. Typical uses include shops or operating bases for plumbers, electricians, or HVAC (heating, ventilating, and air conditioning) contractors.

GG.

Travel Centers. Facilities that provide for the sale of fuel, provisions, supplies to motorists, including operators of over-the-road trucks, in which less than thirty percent (30%) of the total site area is devoted to the servicing, accommodation, parking, or storage of over-the-road trucks. The calculation of these areas includes, but is not limited to, fuel islands for diesel fuel, truck washing facilities, truck parking areas, and associated maneuvering areas. Travel centers include a mix of uses, including food sales, general retail services, auto and equipment services, and restaurants, and are typically located along or near interstate highways or other principal state and federal designated highway routes.

HH.

Truck Stops. Facilities that provide for the sale of fuel, provisions, supplies to motorists, including operators of over-the-road trucks, in which thirty percent (30%) or more of the total site area is devoted to the servicing, accommodation, parking, or storage of over-the-road trucks. The calculation of these areas includes, but is not limited to, fuel islands for diesel fuel, truck washing facilities, truck parking areas, and associated maneuvering areas. Travel centers include a mix of uses, including food sales, general retail services, auto and equipment services, and restaurants, and are typically located along or near interstate highways or other principal state and federal designated highway routes.

II.

Vehicle Storage (Short-term). Short-term storage of operating or non-operating vehicles for a period of no more than twenty-one (21) days. Typical uses include storage of private parking tow-a-ways or impound yards but exclude dismantling or salvage. Long-term storage beyond twenty-one (21) days constitutes an Industrial Use Type.

JJ.

Veterinary Services (General). Veterinary services and hospitals for small animals. Typical uses include pet clinics, and dog and cat hospitals.

KK.

Veterinary Services (Large Animal). Veterinary services and hospitals for large animals such as cows, bulls, horses, and other livestock. Typical uses include veterinary hospitals for livestock and large animals.

(Ord. No. 6963, 6-10-2003; Ord. No. 7835, 9-10-2013, effective January 1, 2014; Ord. No. 8089, 7-12-2016)

A.

Off-Street Parking. Parking use types include surface parking of motor vehicles on a temporary basis within a privately or publicly owned off-street parking facility.

B.

Parking Structure. The use of a site for a multi-level building which provides for the parking of motor vehicles on a temporary basis, other than as an accessory to a principal use on the same site.

Industrial use types include the on-site extraction or production of goods by nonagricultural methods, and the storage and distribution of products.

A.

Agricultural Industry. Establishments which include the storage, manufacture, sale, or distribution of agricultural supplies or products that create major external effects, including substantial truck or rail traffic and/or significant potential for hazard. Typical uses include grain elevators, storage of agricultural chemicals such as anhydrous ammonia. Agricultural industries do not include retailers of farm equipment or other, generally non-hazardous agricultural supplies.

B.

Construction Yards. Establishments housing facilities of businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites. Typical uses are building contractor's yards.

C.

Custom Manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving:

1.

The use of hand tools, or

2.

The use of domestic mechanical equipment not exceeding two (2) horsepower, or

3.

A single kiln not exceeding eight (8) KW or equivalent.

This category also includes the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, custom jewelry manufacturing, candle making shops.

D.

Light Industry. Establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution. These establishments are characterized by having no major external environmental effects across property lines and include no unscreened or unenclosed outdoor storage. Typical uses include commercial bakeries, dressed beef processing plants, soft drink bottling, apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses.

E.

General Industry. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration, or air pollution effects across property lines.

F.

Heavy Industry. Enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials.

G.

Recycling Collection. Any site which is used in whole or part for the receiving or collection of any post-consumer, non-durable goods including, but not limited to, glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

H.

Recycling Processing. Any site which is used for the processing of any post-consumer, non-durable goods including, but not limited to, glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

I.

Resource Extraction. A use involving on-site extraction of surface or subsurface mineral products or natural resources, excluding site grading for a specific construction project or preparation of a site for subsequent development. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and removal of dirt for off-site use.

J.

Salvage Services. Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards, junkyards, or paper salvage yards.

K.

Vehicle Storage (Long-term). Long-term storage of operating or non-operating vehicles for a period exceeding twenty-one (21) days. Typical uses include storage of private parking tow-a-ways or impound yards but exclude dismantling or salvage. Long-term storage of twenty-one (21) days or less constitutes a Commercial Use Type.

L.

Warehousing (Enclosed). Uses including storage, distribution, and handling of goods and materials within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and van and storage companies.

M.

Warehousing (Open). Uses including open air storage, distribution, and handling of goods and materials. Typical uses include monument yards, grain elevators, and open storage.

(Ord. No. 7153, 4-12-2005; Ord. No. 8034, 9-8-2015)

Transportation use types include the use of land for the purpose of providing facilities supporting the movement of passengers and freight from one (1) point to another.

A.

Aviation Facilities. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

B.

Railroad Facility. Railroad yards, and equipment servicing facilities.

C.

Transportation Terminal. Facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express, including bus terminals, railroad stations, public transit facilities.

D.

Truck Terminal. A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck including freight or package express.

E.

Driving Range. Outdoor facility or course for the purpose of vehicle driving instruction including automobiles and/or large truck (CDL) instruction.

(Ord. No. 7835, 9-10-2013, effective January 1, 2014)

A.

Alternative Energy Production Devices. The use of a site for the production of energy utilizing methods that do not involve the oxidation, combustion, or fission of primary materials. Typical uses include solar collector fields, geothermal energy installations, or water-powered mills or generating facilities.

B.

Amateur Radio Tower. A structure(s) for the transmission or broadcasting of electromagnetic signals by F.C.C. licensed amateur radio operators.

C.

Communications Tower. A structure(s) for the transmission or broadcasting of radio, television, radar, or microwaves, ordinarily exceeding the maximum height permitted in its zoning district. Typical uses include broadcasting towers and cellular communications towers.

D.

Construction Batch Plant. A temporary demountable facility used for the manufacturing of cement, concrete, asphalt, or other paving materials intended for specific construction projects.

E.

Landfill (Non-putrescible Solid Waste Disposal). The use of a site as a depository for solid wastes that do not readily undergo chemical or biological breakdown under conditions normally associated with land disposal operations. Typical disposal material would include ashes, concrete, paving wastes, rock, brick, lumber, roofing materials and ceramic tile.

F.

Landfill (Putrescible and Non-putrescible Solid Waste Disposal). The use of a site as a depository for any solid waste except hazardous and toxic waste as defined by the Federal Environmental Protection Agency and/or the State of Nebraska. Typical disposal material would include non-putrescible wastes; and putrescible wastes such as vegetation, tree parts, agricultural wastes (garbage) and manure.

G.

Therapeutic Riding. The use of horses or other hoofed animals for the purpose of therapy programs for clinical treatment of persons with disabilities.

H.

Large Wind Energy Conversion System (LWECS). Any device which converts wind energy to a form of usable energy, including wind charges, windmills, or wind turbines, but excluding Small Wind Energy Conversion Systems. LWECS typically are associated with large scale "wind farms" and are only permitted in conjunction with a PD, Planned Development Overlay District in zoning districts AG, BP, M-1, and M-2.

I.

Small Wind Energy Conversion Systems (SWECS). A device which converts wind energy to a form of usable energy, which has a main rotor shaft set horizontally or vertically, a wind turbine with the main components located at the base of the turbine, a tower, and associated control or conversion electronics. SWECS are typically designed for urban use with a near-silent turbine, smaller and quieter than a LWECS. SWECS are intended to reduce on-site consumption of traditional electric utility power.

(Ord. No. 7835, 9-10-2013, effective January 1, 2014; Ord. No. 7870, 2-11-2014; Ord. No. 8034, 9-8-2015)