District ND, Neighborhood Conservation Overlay District enables the adoption of special performance and development standards in combination with site development regulations of a base district for areas of special historical or architectural significance within the City of Kearney. This District recognizes the importance of historically and architecturally significant districts to the character of Kearney and provides for their conservation. In many ways, the ND Overlay District applies standards and procedures to existing neighborhoods that are similar to those applied to new development in PD Districts.

The ND Overlay District provides an opportunity to establish and apply special development controls and standards for areas in Kearney with special physical or design characteristics. Examples of these standards may include, but not be limited to:

A.

Variations or substitutions of development regulations, including revised minimum and maximum setbacks, lot sizes, heights, and other regulations, based on the unique characteristics of the neighborhood.

B.

Requirements for building design, materials, features, and orientations.

C.

Special requirements or permissions for signage.

D.

Limitations on maximum size and scale of buildings.

E.

Limitations on location of parking, driveways, and other features that have an impact on the fabric of a traditional neighborhood.

The minimum contiguous size of an ND Overlay District shall be five (5) acres.

A.

Proposal. The creation of an ND Overlay District may be initiated by the Planning Commission, the City Council, or by petition of the owner or owners of fifty-one percent (51%) of the property area within the proposed district.

B.

Requirements for Application. An application for the creation of an ND Overlay District must include:

1.

A statement describing the proposed district's special historical or architectural characteristics and stating the reasons for proposal of the district.

2.

A map indicating the boundaries of the proposed ND Overlay District, specifying the base district(s) included within these boundaries.

3.

An inventory of the land uses, buildings or historically important sites located within the boundaries of the proposed district.

4.

A future land use plan for the district.

5.

Supplemental site development regulations, design criteria, and performance standards that apply to the proposed district.

A.

The Planning Commission, and City Council shall review and evaluate each ND Overlay District application.

B.

The Planning Commission, after proper notice, shall hold a public hearing and act upon each application.

C.

The Planning Commission may recommend amendments, modifications, or rejections to ND District applications.

D.

The recommendation of the Planning Commission shall be transmitted to the City Council for final action.

E.

The City Council, after proper notice, shall hold a public hearing and act upon any Ordinance establishing an ND Overlay District.

F.

The Ordinance adopting the ND Overlay District shall include a statement of purpose, a description of district boundaries, and a list of supplemental site development regulations and performance standards.

G.

Upon approval by the City Council, each ND Overlay District shall be shown on the Zoning Map, identified sequentially by order of enactment and referenced to the enacting Ordinance.

H.

Any protest against an ND Overlay District shall be made and filed as provided by Nebraska statutes, and amendments thereto.

Building or other development permits issued by the City in an ND Overlay District shall be consistent with this Chapter and shall follow all procedures for review that are established by the City.