Zoning Districts are established in the Zoning Regulations to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.

The following base districts and overlay districts are hereby established.

(Ord. No. 6864, 3-12-2002; Ord. No. 7253, 4-11-2006; Ord. No. 8660, § 1, 1-9-2024)

A base district designation shall apply to each lot or site within the City and its planning jurisdiction. A site must be in one (1) base district.

Overlay districts may be applied to any lot or site or any portion thereof, in addition to a base district designation. Special districts may stand alone as a base district.

References in the Unified Land Development Ordinance to less intensive or more intensively urbanized districts shall be deemed to refer to those agricultural, residential, commercial, and industrial base zoning districts established in Section 14-102, and shall represent a progression from the "AG, Agricultural District" as the least intensively urbanized to the "M-2, General Industrial District" as the most intensively urbanized.

For each Zoning District, permitted uses are set forth in Table 14-1, the Use Matrix. Individual sections describe the purpose and specific development regulations for each zoning district. Supplemental Regulations may affect specific land uses or development regulations in each zoning district. The applicable Supplemental Regulations are noted in the Use Matrix

A.

Adoption of Zoning Map. Boundaries of zoning districts established by these Zoning Regulations shall be shown on the Zoning Map maintained by the GIS Coordinator. This map shall bear the signature of the Mayor attested by the City Clerk under the certification that this is the Official Zoning Map referred to by this Ordinance. This map, together with all legends, references, symbols, boundaries, and other information, shall be and is hereby adopted as a part of, and concurrent with, these Regulations. Three (3) copies of said Zoning Map shall be on file with the City Clerk and shall be readily accessible to the public at Kearney City Hall.

B.

Changes to the Zoning Map. The Zoning Map shall be kept continuously current to reflect all changes authorized and approved by the City Council as to regulations, restrictions and boundaries of zoning districts created or amended by law, and the GIS Coordinator shall be charged with the duty of maintaining the Official Zoning Map in such a manner as to reflect all lawful changes authorized or approved by the Kearney City Council. The GIS Coordinator shall make available to the public upon request versions of the Official Zoning Map reduced in size and certified by the Development Coordinator to be current as of the date shown on the map, reflecting all lawfully authorized changes to the Official Zoning Map as of that date.

C.

New Official Zoning Maps. The City Council may from time to time adopt a new official zoning map which shall supersede the prior official zoning map, in the event that the official zoning map becomes damaged or destroyed; or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, that any such adoption shall not have the effect of amending the original Unified Land Development Ordinance or any subsequent amendment thereof.

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

The following rules shall apply in determining the boundaries of any zoning district shown on the Zoning Map.

A.

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be considered the district boundaries.

B.

Where district boundaries are indicated as within street or alley, railroad, streams or creeks, or other identifiable rights-of-way, the centerline of such rights-of-way shall be deemed the district boundary.

C.

Where a district boundary divides a property, the location of the boundary shall be determined by the use of the scale appearing on the Zoning Map.

D.

Where district boundaries are indicated as approximately following corporate limits, such corporate limits shall be considered the district boundaries.

E.

Where district boundaries are indicated as approximately following section lines, quarter section lines, or quarter-quarter section lines, such lines shall be considered the district boundaries.

F.

Boundaries not capable of being determined as set forth in Section 14-107A through E shall be as dimensioned on the official Zoning Map or if not dimensioned shall be determined by the scale shown on the map.

Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former centerline.

All unimproved or agricultural territory which may hereafter be annexed to the City shall be considered as lying in the "AG, Agricultural District" until such classification shall be changed as provided by this ordinance. Any improved property that is annexed into the City shall be zoned according to the zoning district that most nearly describes either its present use or the use proposed by Kearney's Comprehensive Development Plan. This zoning shall be established by the Planning Commission and the City Council at the time of annexation.

Except as specified in this chapter, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this title for the district in which the building or land is located.

Except as provided in Chapter 47 of this title, no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least twenty (20) feet on at least one (1) public street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a street; and there shall be not more than one (1) single-family dwelling for such frontage or easement, except that a common easement of access at least fifty (50) feet wide may be provided for two (2) or more such single-family dwellings or for one (1) or more two (2)-family or multiple dwellings.

Within zoning districts in Kearney, different uses are permitted with different conditions. These are displayed in Table 14-1, the Use Matrix. Levels of permission include:

A.

Uses Which Are Permitted By Right. These uses are permitted subject to issuance of a building permit by the Building Official, subject only to compliance with all regulations of this Ordinance. Uses permitted by right might be subject to supplemental regulations contained in this Ordinance. These uses are indicated in the Use Matrix by a "P" in the applicable cell.

B.

Conditional Uses. These uses are subject to approval of a Conditional Use Permit by the Planning Commission and City Council, following the procedure set forth in Section 59-103. These uses are indicated in the Use Matrix by a "C" in the applicable cell.

C.

Planned Development. These uses are subject to a Planned Development Overlay District which may require additional conditions above the Site Development Regulations for the district. Subject to approval by Planning Commission and City Council, following the procedure set forth in Chapter 38. These uses are indicated by a "PD" in the applicable cell.

Table 14-1

Use Matrix:

P — Permitted by right or by right subject to supplemental regulations

PD — Planned Development Required

C — Permitted by Conditional Use Permit

Blank — Use not permitted in zoning district

(Ord. No. 6964, 6-10-2003; Ord. No. 7835, 9-10-2013, effective January 1, 2014; Ord. No. 8718, § 1—7, 1-14-2025)

The regulators set forth in the tables in Chapters 15 through 46 establish the limits and requirements for most development in the City of Kearney and its extra-territorial jurisdiction. This section is intended to provide guidance for applying the regulators contained in these tables.

A.

Site Area Per Housing Unit. This indicates the gross land area per unit within a residential development. For example, a forty (40) lot subdivision on a ten (10) acre [four hundred thirty-five thousand, six hundred (435,600) square foot tract] will have a site area per unit of ten thousand eight hundred ninety (10,890) square feet. Site area per unit, which measures gross density, may differ from minimum lot size. In conservation development, the site area per unit will be larger than minimum lot size, permitting the clustering of lots in exchange for common open space. In multi-family development, the site area per unit will usually be smaller than minimum lot size, because the lot is the legal parcel on which a multiple-unit building is built.

B.

Minimum Lot Area. This indicates the minimum size of a legally described and recorded parcel upon which development can take place. As noted above, minimum lot area and site area per unit may not be the same.

C.

Minimum Lot Width. This is the required minimum distance connecting at points along opposite side lot lines, measured at the required front yard setback. For example, the lot width of an irregular lot in a district requiring a twenty-five (25)-foot front yard setback is determined by:

1.

Locating the points along each side lot line at a distance of twenty-five (25) feet back from the front property line.

2.

Drawing a line connecting these two (2) points.

3.

Measuring the length of this line. The length is the lot width.

D.

Minimum Yards. These define the required setbacks of buildings from front, side, and rear property lines. While the yard requirements apply to a majority of development, the Ordinance provides for a number of exceptions. Some of these include:

1.

Planned Developments. Front yard setbacks can be varied within Planned Developments, which are reviewed and approved by the City Council after a recommendation from the Planning Commission.

2.

Major Streets. The Director of Public Works may require greater than normal setbacks along segments of the City's major street system, as defined in the Comprehensive Development Plan. A map displaying these components and noting setback exceptions is included in the Transportation Section of the Comprehensive Development Plan.

3.

Flexibility Provided by Supplemental Development Regulations.Chapter 47 establishes supplemental regulations, many of which provide flexibility or variations in setback regulations for specific contexts.

4.

Maximum Setbacks. Some specific zoning districts provide maximum as well as minimum setbacks. These setbacks establish "build-to" lines which may be necessary to protect the appearance and character of special urban districts.

E.

Maximum Height. Height normally measures the vertical distance from the established grade to the highest point of a building. However, as established by the definition of height, the point of measurement may vary for different types of buildings and roof slopes. Height measurement for Small and Large Wind Energy Conversion Systems shall include the height of the tower plus any part of the rotor or turbine that projects above the top of the tower to its highest point.

F.

Maximum Building Coverage. This measures the percentage of a site that may be covered by the footprint of buildings. Thus, a twenty thousand (20,000) square foot building on a forty thousand (40,000) square foot site has a building coverage of fifty percent (50%). This is a method of regulating the scale of buildings in an area.

G.

Maximum Impervious Coverage. This measures the percentage of a site that may be covered by buildings and other surfaces and development features which prevent the penetration of water into the ground (such as driveways, porches, parking lots, and other features). Limits on impervious coverage help control the velocity and quantity of storm water runoff and provide for groundwater recharge.

H.

Floor Area Ratio. Just as site area per unit controls the density of residential development, floor area ration (FAR) controls the density of non-residential development. FAR is the ratio of gross floor area of a building to total site area. Thus, in an area with a maximum permitted FAR of 1.0, a forty thousand (40,000) square foot building may be located on a forty thousand (40,000) square foot site. Naturally, because of coverage ratios, landscaping, and parking requirements, such a building will be multi-story.

I.

Maximum Amount of Total Parking in Street Yard. This controls the maximum amount of parking that can be located in the area between a building facade and the street. When applied in certain zoning districts, it is intended to reduce the number of cars seen from the street, encourage site planning which locates parking in rear and side yards, and produce a stronger relationship between buildings and streets. For example, a project with one hundred (100) parking stalls and a fifty percent (50%) limit on the amount of parking located in street yards must locate fifty (50) of its stalls in rear or side yards without street exposure.

J.

Project Size Requiring Planned Development District. Some projects are so large in relative scale or impact that they require specific project review through the Planned Development District process, set forth in Chapter 38. This regulator establishes the threshold size for projects which must go through this specific project approval process. For example, in some districts, a project that includes a site of four (4) acres and over or a planned building area in excess of forty thousand (40,000) square feet must be developed as a Planned District.

K.

Minimum Depth of Landscaping Adjacent to Street Rights-of-Way. This establishes the depth of landscaping that must be provided on private property adjacent and in from the right-of-way line. Thus, if the required minimum depth is fifteen (15) feet, a project must landscape the first fifteen (15) feet of its site back from the right-of-way line. All landscaping must be done in accordance with Chapter 48, establishing landscaping standards.

L.

Minimum Bufferyard Requirements. This establishes the depth of a bufferyard that must be provided by intensive land uses adjacent to primarily residential land uses in residential zoning districts. All landscaping must be done in accordance with Chapter 48, establishing landscaping standards.

M.

Supplemental Use Regulations. Certain permitted uses require satisfaction of specific requirements in order to function successfully in their urban or rural contexts. These supplemental requirements are set forth in Chapter 46. These requirements are cross-referenced in the "Supplementary Regulations" column of the Use Matrix.

(Ord. No. 6964, 6-10-2003; Ord. No. 7153, 4-12-2005; Ord. No. 7506, 3-10-2009; Ord. No. 7835, 9-10-2013, effective January 1, 2014; Ord. No. 7870, 2-11-2014; Ord. No. 7910, 7-8-2014; Ord. No. 8034, 9-8-2015; Ord. No. 8089, 7-12-2016; Ord. No. 8096, 9-13-2016; Ord. No. 8130, 3-14-2017; Ord. No. 8164, 7-11-2017; Ord. No. 8285, § 1, 9-11-2018; Ord. No. 8321, § 4, 2-12-2019; Ord. No. 8443, § 9, 10-13-2020; Ord. No. 8544, § 1, 1-11-2022; Ord. No. 8570, § 1, 4-26-2022; Ord. No. 8660, §§ 2—7, 1-9-2024; Ord. No. 8674, § 1, 3, 5-14-2024)