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Kearney City Zoning Code

CHAPTER 42

DISTRICT ND-1, PIONEER PARK NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT

42-101 - PURPOSE

This District is intended to conserve Kearney's historic Pioneer Park neighborhood. This neighborhood contains some of Kearney's most historic houses in a central city location. As a result, it has become a focus for neighborhood revitalization efforts. However, its location near the University of Nebraska at Kearney and Kearney Center put significant housing pressures on the area, and have led to the conversion of many of these historic houses to multi-family units. The resulting densities have stressed the area's street system because of inadequate off-street parking. The ND-1 District is intended to strike a balance between the interests of owner-occupants, investor-owners, and people seeking housing in the district.

42-102 - PERMITTED USES AND RELATIONSHIP TO BASE DISTRICTS

Except as otherwise indicated in this section, regulations, including permitted uses, required landscaping, parking, and signage shall be those of the underlying base district.

42-103 - SITE DEVELOPMENT REGULATIONS

Regulator 1-Family
Detached
1-Family Attached Duplex Townhouse Multi-Family Other Permitted Uses
Site Area per Housing Unit (sq. ft.) 6,000 5,000 4,000 3,000 3,000
Minimum Lot Area 6,000 5,000 8,000 3,000 10,000 6,000
Minimum Lot Width (feet) 65 50 75 30 100 75
Minimum Yards (feet)
 Front Yard Note 1 Note 1 Note 1 Note 1 25 25
 Side Yard (Note 3) 7 15 7 15 15 10
 Street Side Yard 15 15 15 15 25 15
 Rear Yard 15 15 15 15 25 15
Maximum Height (feet) 35 35 35 35 35 35
Maximum Building Coverage 55% 55% 55% 55% 55% 55%
Maximum Impervious Coverage 70% 70% 70% 70% 70% 70%
Floor Area Ratio NA NA NA NA 0.80 0.80
Maximum Amount of Total Parking Located in Street Yard NA NA NA NA 0% 0%
Project Size Requiring Planned Development District (PD) NA NA NA 6 units 6 units NA
Minimum Depth of Landscaping Adjacent to Street Right-of-Way Line (feet) (Note 2) 20 20 20 20 20 20

 

Note 1: Front Yard Setbacks

The required front yard setback is the larger of the average of the setback of adjacent structures to the property or the average of all properties on the blockface. An application for a building permit must include a calculation of these averages. The City Planner may vary this requirement if he/she determines that a different setback is necessary to maintain the integrity of the blockface. This shall be accompanied by a written finding of fact stating the reasons for such determination.

Note 2: Landscaping on Lots with Small Setbacks

If required setback is less than twenty (20) feet, Minimum Depth of Landscaping is equal to the entire depth of the required front yard.

Note 3: Zero (0) Lot Line Development

Within a common development, one (1) interior side yard may be equal to zero (0) for single-family detached residential use if:

1.

The side yard opposite to the zero (0) yard must equal at least twice the normal required minimum side yard.

2.

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use.

3.

An easement for maintenance of the zero (0) lot line façade is prepared and recorded by the developer with the appropriate County Register of Deeds, with a copy of the recorded easement provided to the City Clerk, and the Building Official at the time of application for a building permit.

42-104 - ADDITIONAL REGULATIONS

A.

Group residential uses, including fraternity and sorority houses, must provide at least eight hundred fifty (850) square feet of site area per resident.

B.

New multi-family development must comply with the following dispersion requirements in the ND-1 District:

1.

The property line of any new multiple-family development containing from three (3) to eight (8) residential units (Limited Multiple-Family Residential) must be located at least 300 (300) feet from the property line of any pre-existing multiple-family development. Separation for any new multiple-family development containing from nine (9) to twelve (12) residential units increases an additional thirty-five (35) feet for each additional unit over eight (8).

2.

No new multiple-family development shall exceed twelve (12) units.