The Supplemental Use Regulations set forth-additional standards for certain uses located within the various zoning districts. These regulations recognize that certain use types have characteristics that require additional controls in order to protect public health, safety, and welfare. These regulations complement the use regulations contained in Chapter 13.

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.

A.

Agricultural Accessory Retail Sales. Retail operation of garden centers or roadside stands associated with primary agricultural uses Aquaculture, Horticulture, Crop Production, and Animal Production may be permitted in the AG District, subject to the following requirements:

1.

Garden Centers.

(a)

A garden center is a building or premises used for the retail sale of plant materials or items useful in the growing or display of lawns, gardens, and plants.

(b)

Garden centers must conform to all site development regulations for the zoning district.

(c)

Any garden center adjacent to a residential district must maintain a twenty (20) foot landscaped buffer yard, consistent with the standards established in Section 48-105.

2.

Roadside Stands.

(a)

A roadside stand is a facility used on a temporary or seasonal basis for the retail sale of produce grown on adjacent or surrounding agricultural lands.

(b)

A roadside stand may be located within a required front yard but no closer than forty (40) feet to the edge of a traveled roadway.

(c)

A roadside stand may operate for a maximum of one hundred eighty (180) days in any one (1) year.

B.

Keeping Animals in Residential Zoning Districts.

1.

Pets Generally. Keeping, breeding and raising of household pets as defined in Article 13, "Animals Generally," Section 8-1301, "Definitions" is allowed in all residential zoning districts, including RR-1 and RR-2 Districts subject to any restrictions listed.

2.

Animal Production in the RR-1 and RR-2 Zoning Districts. Keeping, breeding, and raising of domestic animals as defined in Article 13, Section 8-1301 is permitted in the RR-1 and RR-2 Districts outside the corporate limits of the City. Any such activity must be located entirely within a rear yard.

3.

Within the RR-1 and RR-2 Districts, outside the corporate limits of the City, containing one (1) acre or more may maintain two (2) horses, llamas, or other equine and/or hoofed animals and their immature offspring. Such site may have up to one (1) additional animal for each additional acre of dedicated site area, up to a maximum total of twenty (20) animals. Numbers of turkeys, guineas, peacocks; chickens, ducks, game hens, pheasants and similar birds shall not exceed six (6) per acre with a maximum of twenty (20). The number of rabbits shall not exceed twenty (20) animals. Quantities for other species will be determined on a case-by-case basis.

C.

Animal Production: Disposal of Waste.

1.

No disposal of garbage, rubbish, or offal associated with animal production shall occur within five hundred (500) feet of any pre-existing residential districts, including RR-1 through RM and shall only be conducted on premises outside the Corporate Limits of the City.

D.

Commercial Feedlots.

1.

No new commercial feedlots or CAFO (Confined Animal Feeding Operation) shall be established within the zoning jurisdiction of the City of Kearney.

E.

Urban Farming.

1.

Urban Farming Structures: All urban farming structures must adhere to:

(a)

Site development regulations of the zoning district; and

(b)

Adopted life safety, building, electrical, and plumbing code standards.

2.

Restoration of Site: The site must be restored to its original state within three (3) months after the closing or the ending of the operation. A termination plan shall be provided that indicates how the site will be restored to its original state.

3.

Urban Farming with a Controlled Environmental Agriculture (CEA) system and Cargo Container - Farm:

(a)

Site Plan: The site plan shall include setbacks, footprints of all structures, driveways, walkways, landscaping, screening, lighting, utilities, refuse container(s) and any other relevant information to the project.

(b)

Overall Safety Plan: The Overall Safety Plan shall note and/or show:

i.

Electrical, water, and sewer hookup details.

ii.

Anchoring system detail with the use the cargo container - farm.

(c)

Incorporation of the Urban Farm and/or Cargo Container - Farm into the Existing Neighborhood: Indicate and/or describe the details of incorporating the Urban Farm or Cargo Container - Farm into the surrounding neighborhood.

(d)

Termination Plan: A Termination Plan for the project shall include a plan to restore the property to its original state and physically remove any Cargo Container - Farm and/or other temporary structures.

(e)

Cargo Container - Farm Units: The number of units cannot exceed the amount approved on the Conditional Use Permit.

(Ord. No. 7228, 12-13-2005; Ord. No. 7793, 3-12-2013; Ord. No. 7807, 5-14-2013; Ord. No. 8130, 3-14-2017; Ord. No. 8164, 7-11-2017; Ord. No. 8673, § 1, 5-14-2024)

A.

Downtown and Group Residential in CBD District. Downtown and Group Residential uses are permitted in the CBD District only on levels above street level. A unit or units specifically designed for occupancy by disabled residents may be developed at street level, subject to approval by the Board of Adjustments.

B.

Group Residential. Group residential uses, when permitted, are subject to the requirements set forth in Table 46-1.

Table 46-1
Group Residential Density by Zoning District

C.

Mobile Home Parks in the RM District. Mobile Home Parks and mobile home residential use are permitted in the RM District. Such use may be configured in a Mobile Home Park or Mobile Home Subdivision. Following the effective date of this Ordinance, no mobile home shall be located outside of a Mobile Home Park or Mobile Home Subdivision. A Mobile Home Park is subject to compliance with the following regulations:

1.

Certification:

(a)

A certification of compliance with all ordinances and regulations regarding mobile home licensing, zoning, health, plumbing, electrical, building, fire protection and any other applicable requirements shall be required of all Mobile Home Parks.

(b)

The Building Official is authorized to perform an annual inspection of any Mobile Home Park to ensure compliance with these regulations.

2.

Minimum and Maximum Area: A Mobile Home Park shall be considered to be one (1) zoned lot. The minimum contiguous area of a Mobile Home Park shall be one hundred thousand (100,000) square feet.

3.

Density Requirements:

(a)

The maximum gross density of a Mobile Home Park shall be ten (10) units per acre.

(b)

The minimum size of an individual mobile home space shall be four thousand (4,000) square feet for single-wide mobile home units and five thousand (5,000) square feet for double-wide mobile home units.

(c)

Each mobile home space shall have a width of at least forty (40) feet and a length of at least seventy-five (75) feet.

4.

Site Development Standards:

(a)

Setbacks: Each Mobile Home Park shall have a minimum perimeter setback of thirty-five (35) feet from adjacent non-residential uses and fifty (50) feet from adjacent residential uses. No space for a dwelling unit or any other structure shall be permitted in the required setback.

(b)

Setback landscaping: All area contained within the required setbacks except sidewalks and private drives shall be landscaped and screened in conformance with Chapter 48. Screening shall be provided in conformance with Section 48-106 for any common property line with another non-residential use.

(c)

Impervious Coverage: Impervious coverage for a Mobile Home Park shall not exceed fifty percent (50%) of the total site area.

(d)

Open Space: Each Mobile Home Park shall provide a minimum of four hundred (400) square feet of open recreational space per unit. Such space shall be provided at a central location accessible from all parts of the park by pedestrians. Required perimeter setbacks or buffers shall not be credited toward the fulfillment of this requirement.

(e)

Separation Between Mobile Home Units: The minimum separation between a mobile home unit and attached accessory structure and any other mobile home units and/or accessory structure shall be twenty (20) feet.

(f)

Separation and Setbacks for Accessory Buildings: An accessory building on a mobile home space shall maintain a minimum rear and side yard setback of five (5) feet. A minimum distance of ten (10) feet shall be provided between any mobile home and an unattached accessory building.

5.

Street Access and Circulation Requirements:

(a)

Access to Public Street: Each Mobile Home Park must abut and have access to a dedicated public street with a right-of-way of at least sixty (60) feet. Direct access to a mobile home space from a public street is prohibited.

(b)

Vehicular Circulation: The Mobile Home Park must provide interior vehicular circulation on a private internal street system. Minimum interior street width shall be twenty-seven (27) feet. The street system shall be continuous and connected withother internal and public streets; or shall have a cul-de-sac with a minimum diameter of one hundred (100) feet. No such cul-de-sacs may exceed three hundred (300) feet in length.

(c)

Separation between Units and Circulation Areas: The minimum distance between a mobile home unit and any attached accessory structure and the pavement of an internal street or parking area shall be ten (10) feet.

(d)

Sidewalks: Each Mobile Home Park shall provide a sidewalk system to connect each mobile home space to common buildings or community facilities constructed for the use of its residents; and to the fronting public right-of-way. Sidewalk width shall be at least four (4) feet.

(e)

Street and Sidewalk Standards: All internal streets and sidewalks shall be hard-surfaced. Electric street lighting is required along all internal streets.

(f)

Parking Requirements: Each Mobile Home Park must provide at least two (2) off-street parking stalls for each mobile home space.

6.

Utilities:

(a)

All Mobile Home Parks shall provide individual units and common facilities with an adequate, piped supply of hot and cold water for both drinking and domestic purposes; and standard electrical service, providing at least one 120-volt and one 240-volt electrical service outlet to each mobile home space.

(b)

Complete water and sewer service shall be provided within each Mobile Home Park in accordance with the Subdivision Chapter of the Unified Land Development Ordinance.

(c)

Properly spaced and operating fire hydrants shall be provided for proper fire protection within each Mobile Home Park in accordance with the Subdivision Chapter of the Unified Land Development Ordinance.

(d)

All electric, telephone, gas, and other utility lines shall be installed underground.

7.

Financial Responsibility: Each application for a Mobile Home Park shall include a demonstration by the developer of financial capability to complete the project, and a construction schedule.

8.

Completion Schedule: Construction must begin on any approved Mobile Home Park within one (1) year of the date of approval by the Planning Commission and City Council. Such construction shall be completed within two (2) years of approval, unless otherwise extended by the Planning Commission.

9.

All other uses and provisions of the Kearney Mobile Home Park regulations are incorporated herein by reference. These provisions include tie-down and other structural requirements included in the Kearney Municipal Code.

10.

All Mobile Home Parks are subject to an annual inspection by the Building Official to assure continued compliance with applicable standards.

D.

Mobile Home Subdivisions in the RM District.

1.

Mobile Home Subdivisions shall be developed in accordance with all standards and requirements set forth in the Subdivision Chapter of the Unified Land Development Ordinance of Kearney. Site development regulations shall be the same as those required in the R-2 Zoning District. Each mobile home shall be considered a single-family detached residential unit for the purpose of determining applicable development regulations.

2.

Mobile home units within Mobile Home Subdivisions shall be built in accordance with the minimum design standards of the U.S. Department of Housing and Urban Development and display a certification of such compliance. All units shall be installed on a permanent foundation with complete removal of wheels and towing packages.

E.

Retirement Residence.

1.

Maximum Floor Area Ratio is 0.5 for buildings up to and including three (3) stories, 0.6 for buildings from four (4) to six (6) stories, and 0.8 for buildings over six (6) stories. Number of living units and occupants is determined by Floor Area Ratio rather than site area per unit regulators.

2.

Any action that would result in occupancy of the project by persons less than retirement age requires approval by the City Council following a recommendation by the Planning Commission.

A.

Clubs.

1.

Clubs located adjacent to residential uses shall maintain a bufferyard of not less than fifteen (15) feet along the common boundary with such residential use.

B.

Group Care Facilities and Group Homes.

1.

Each group care facility or group home must be validly licensed by either the State of Nebraska or the appropriate governmental agency.

2.

Group homes are permitted in the CBD District only on levels above street level except that a facility specifically designed for occupancy by disabled residents may be developed at street level, subject to approval as a Conditional Use by the Planning Commission.

C.

Day Care Homes Services and Day Care Centers.

1.

Day Care Home Services (Limited), Day Care Home Services (General), and Day Care Centers shall be restricted to hours of operation between 6:00 a.m. and 6:00 p.m. when located in a residential zone (RR-1, RR-2, R-1, R-2, R-3, R-4, RM).

2.

Day Care Home Services (General) shall provide two (2) off-street parking spaces for employees and an off-street loading and unloading zone for a minimum of one (1) vehicle.

3.

The parking requirements for each day care type can be found in Table 49-1: Minimum Off-Street Parking Requirements.

D.

Religious Assemblies. Accessory uses related, but subordinate and incidental, to the primary religious assembly are allowed in the principle structure. Any combination of these accessory uses are allowed, provided they occupy no greater than forty percent (40%) of the total gross floor area of the building. The following are permitted supplemental accessory uses for religious assemblies:

1.

Offices for guidance services.

2.

Preschool.

3.

Day care center.

4.

Common kitchen.

5.

Food bank.

6.

Gymnasium.

(Ord. No. 7835, 9-10-2013, effective January 1, 2014, Ord. No. 8164, 7-11-2017; Ord. No. 8321, § 3, 2-12-2019)

A.

Auto Service, Repair, Equipment Repair, Travel Center, Truck Stop, and Body Repair Uses.

1.

Where permitted in commercial districts, all repair activities, including oil drainage, lifts, and other equipment, must take place within a completely enclosed building. Outdoor storage is permitted only where incidental to Auto Repair and Body Repair, provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-way. Screening is subject to provisions of Chapter 48.

2.

Any spray painting must take place within structures designed for that purpose and be approved by the Building Official.

3.

All entrances and exits serving a gasoline or diesel service station, convenience store offering fuel sales, or automobile repair shop shall be at least one hundred fifty (150) feet from a school, public park, religious assembly use, hospital, or residential use, as measured along any public street. Such access shall be at least forty (40) feet away from the right-of-way line of any intersection.

4.

All fuel pumps shall be set back at least fifteen (15) feet from any street line.

B.

Auto Washing Facilities.

1.

Each conveyor operated auto washing facility shall provide one hundred (100) feet of on-site stacking capacity per washing lane on the approach side of the washing structure and on-site stacking space for two (2) vehicles on the exit side.

2.

Each self-service auto washing facility shall provide stacking space for three (3) automobiles per bay on the approach side and one (1) space per bay on the exit side of the building.

C.

Automobile and Equipment Rental and Sales.

1.

All outdoor display areas for rental and sales facilities shall be hard-surfaced.

2.

Body repair services are permitted as an accessory use to automobile rental and sales facilities, provided that such repair services shall not exceed twenty-five percent (25%) of the gross floor area of the building.

D.

Bed and Breakfasts.

1.

Bed and Breakfasts permitted in the CBD District must provide any sleeping facility only on levels above street level except that units specifically designed and reserved for occupancy by handicapped people may be located on the street level.

2.

See Chapter 49, Off-Street Parking, Table 49-1, Minimum Off-Street Parking Requirements, Commercial Use Types, Lodging, Bed & Breakfast for minimum off-street parking requirements.

E.

Campgrounds.

1.

Minimum Size: Each campground established after the effective date of this Ordinance shall have a minimum size of one (1) acre.

2.

Setbacks: All campgrounds shall maintain a fifty (50) foot front yard setback and a twenty-five (25) foot bufferyard from all other property lines.

3.

Each campground must maintain water supply, sewage disposal, and water and toilet facilities in compliance with all City ordinances; or, alternately, be limited to use by self-contained campers, providing their own on-board water and disposal systems.

F.

Construction Sales and Service. When permitted outside of District M-1 and District M-2, retail home improvement stores and centers may include outdoor storage of materials and must comply with the following conditions:

1.

Architectural design and materials shall be consistent with the current or projected character of the surrounding area.

2.

All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from a public street or adjacent property.

3.

All storage buildings with overhead doors, drive openings, or open bays and all loading areas shall be fully screened from view at eye level from a public street or adjacent property.

4.

Minimum screening shall be consistent with screening standards set forth in Section 48-106.

5.

All areas not occupied by buildings or landscaping shall be paved with concrete or asphalt.

G.

Convenience Storage. When permitted outside of the M-1 District and M-2 District, convenience storage facilities shall be subject to the following additional requirements:

1.

The minimum size of a convenience storage facility shall be one (1) acre.

2.

Activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.

3.

All driveways within the facility shall provide a paved surface with a minimum width of twenty-five (25) feet.

4.

All storage must be within enclosed buildings and shall not include the storage of hazardous materials.

5.

No storage buildings may open into required front yards.

6.

Facilities must maintain landscaped bufferyards of thirty-five (35) feet adjacent to any public right-of-way and twenty (20) feet adjacent to other property lines, unless greater setbacks are required by Chapter 48.

H.

Conversion of Residential Building. No building that was designed and constructed as a residential building shall be converted for commercial use unless the following conditions are met:

1.

Setbacks must comply with those required in the zoning district.

2.

All off-street parking required by the proposed use of the premises can be achieved.

3.

The existing structure shall be made to comply with all commercial code requirements.

4.

The premises shall be screened from view of any abutting property zoned or used for residential purposes.

5.

A site plan depicting the above requirements plus any changes to the exterior of the building shall be prepared by a registered architect and submitted for review and approved by the City staff prior to applying for a building permit.

I.

Kennels.

1.

The minimum lot size shall be two (2) acres.

2.

No building or dog runs shall be located nearer than one hundred (100) feet from any property line and five hundred (500) feet to the property line of any residential use or district.

3.

All kennel facilities shall be screened around such facilities or at property lines to prevent distracting or exciting animals. Screening shall be of a type provided by Chapter 48, establishing landscape and screening standards.

J.

Marinas.

1.

A boat marina, including related commercial sales, boat service, and amphibious events of sport, skill, or exhibition, shall be located at least one hundred fifty (150) feet from the boundary of any residential district, unless such marina is occupied by the owner or caretaker residing on the site.

K.

Restricted (Adult Entertainment) Businesses. Adult entertainment businesses shall be subject to the following restrictions, and no person shall cause or permit the establishment of any adult entertainment business contrary to said restrictions:

1.

No adult entertainment business shall be open for business between the hours of twelve midnight (12:00 a.m.) and six (6:00) a.m.

2.

A new adult entertainment business shall not be allowed within one thousand (1,000) feet of another existing adult entertainment business.

3.

A new adult entertainment business shall not be located within five hundred (500) feet of any residential use and/or residentially zoned district or one thousand (1,000) feet of a pre-existing school, public park, or place of worship.

4.

The provisions of this chapter shall apply to any adult entertainment businesses in existence at the time the ordinance codified in this chapter takes effect. All nonconformance shall come into compliance on or before January 1, 2005, and no such nonconforming use shall be permitted to expand in size or scope and the rights granted in this chapter shall terminate upon cessation of business, sale or transfer of ownership of the adult entertainment business.

5.

Measurement of distances. For the purpose of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the main entrance of such adult entertainment business to the point on the property line of such other business, school, church, public park or areas zoned for residential use which is closest to the said main entrance of such adult entertainment business.

6.

No adult entertainment business shall be conducted in any manner that permits the observation of models or any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use. No operator of an adult entertainment business or any officer, associate, member, representative, agent, owner, or employee of such business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the premises which is prohibited by this code or any laws of the State of Nebraska or the United States.

7.

No part of the interior of the adult entertainment business shall be visible from any pedestrian sidewalk, walkway, street, or other public or semipublic area.

8.

An adult entertainment business shall post a sign at the entrance of the premises, which shall state the nature of the business and shall state that no one under the age of eighteen (18) years is allowed on the premises. The sign shall comply with the City's sign regulations. This section shall not be construed to prohibit the owner from establishing an older age limitation for coming on the premises.

9.

Nuisance Operation: Any adult entertainment business operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner prescribed by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter.

L.

Agricultural Sales and Service.

1.

Where permitted in the BP District and all commercial districts, all repair activities or service areas, including oil drainage, lifts, and other equipment, must take place within a completely enclosed building or within a screened outdoor service area.

2.

Outdoor storage of parts and pieces, incidental to the use, is permitted provided that such storage is completely screened so as not to be visible from residential areas or public rights-of-way. Screening is subject to provisions of Chapter 48.

3.

Where permitted in the BP District and all commercial districts, agricultural equipment sale display areas may be hard-surfaced, gravel, and/or turf grass, but shall be outside of the required depth of landscaping.

M.

Commercial Recreation (Outdoor).

1.

The minimum parking requirements must be met as defined in Chapter 49, Off-Street Parking. Paved parking is required in the street front yard and includes all ADA parking and a path to buildings. In zoning districts, AG, M-1, and M-2, parking in rear and side yards can be an alternative surface material such as gravel or rock. Applicant must provide a parking diagram to show site meets the minimum parking requirements.

2.

All structures must meet the setback requirements of the zoning district.

3.

Outdoor recreation sites adjacent to residential uses shall be restricted to hours of operation between 6:00 a.m. to 9:00 p.m.

4.

All noise shall meet the requirements of Section 46-109, Maximum Permitted Sound Level Adjacent to Residential Zoning Districts.

5.

Bufferyard and screening, provided in Chapter 48, is required to mitigate any projectiles from leaving the site's boundaries and minimize noise to adjacent property.

6.

Unenclosed areas where projectiles are fired shall not be located nearer than 100 feet from any property line and 500 feet from the property line of any residential use or district.

(Ord. No. 6964, 6-10-2003; Ord. No. 8089, 7-12-2016; Ord. No. 8443, § 3, 10-13-2020; Ord. No. 8544, § 2, 1-11-2022)

(Ord. No. 6864, 3-12-2002; Ord. No. 8089, 7-12-2016)

A.

Resource Extraction. Resource extraction, where permitted, is subject to the following additional requirements:

1.

Erosion Control: A resource extraction use may not increase the amount of storm run-off onto adjacent properties as determined by review of the Public Works. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.

2.

Surface Drainage: The surface of the use may not result in the collection or ponding of water, unless specifically permitted as part of a Conditional Use Permit.

3.

Storage of Topsoil: Topsoil shall be collected and stored for redistribution following the end of the operation.

4.

Elimination of Hazards: Excavation shall not result in a hazard to any person or property. The following measures are required:

(a)

Restoration of slopes to a gradient not exceeding thirty-three (33%) as soon as possible.

(b)

Installation of perimeter safety screening and/or fencing.

(c)

Installation of visual screening adjacent to any property within a residential or public use district consistent with Bufferyard Standards contained in Section 48-105. Resource extraction uses in the AG District shall be subject to the same bufferyard requirements as those in the M-2 District.

5.

Restoration of Landscape: The topography and soil of the resource extraction site shall be restored and stabilized within nine (9) months of completion of the operation. The site shall be seeded, planted, and contoured in a way that prevents erosion. Alternately, the site may be used as a lake or body of water, subject to approval by the City Council with the recommendation of the Planning Commission and the appropriate Natural Resources District.

B.

Construction Batch Plants. Construction Batch Plants in the C-3, General Commercial District or M-1, Limited Industrial District, provided that:

1.

No plant may be located within six hundred (600) feet of a developed residential use, park, or school.

2.

The facility is located no more than one (1) mile from its job site. The City Planner may extend this distance to two (2) miles, if such extension avoids use of local streets by plant-related vehicles.

3.

Hours of operation do not exceed twelve (12) hours per day.

4.

The duration of the plant's operation does not exceed one hundred eighty (180) days.

C.

Salvage Services and Long-term Vehicle Storage and Dismantling.

1.

Screening:

(a)

The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. Minimum height of this enclosure shall be eight (8) feet. Any such enclosure shall be constructed behind required landscaped bufferyards.

(b)

Each existing salvage services facility shall be screened as provided above within one (1) year of the effective date of this Ordinance.

(c)

The above requirement shall also apply to uses adjacent to residential zoning districts or residential uses that include the long-term storage and dismantling of vehicles.

2.

Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.

3.

No new Salvage Services use may be established within five hundred (500) feet of the nearest property line of a pre-existing residential zoning district or of any pre-established civic use.

D.

Therapeutic Riding.

1.

The maximum number of hoofed animals allowed for therapeutic riding shall be based on the amount of land area dedicated solely to the keeping of said animals as pasture, corral, paddock or barn. Two (2) animals are allowed on the first acre and one (1) additional animal may be allowed for each additional acre of land up to a maximum of six (6) animals. Animals may be brought to and from the site on a daily basis if no dedicated area for the keeping of the animals is available on site.

(Ord. No. 7153, 4-12-2005; Ord. No. 8096, 9-13-2016)

(Ord. No. 6964, 6-10-2003; Ord. No. 8096, 9-13-2016)

A.

Table 46-2 displays the maximum permitted sound levels that may be generated by uses in the C-2, C-3, BP, M-1, or M-2 zoning districts where adjacent to residential zoning districts. All measurements shall be taken at or within the boundary between the originating district and the adjacent residential zoning district with a sound level meter meeting ANSI specifications for a Type II or better general purpose sound level meter. The A-weighted response shall be used.

B.

The standards set forth in Table 46-2 do not apply to industrial uses in operation on the effective date of this Ordinance.

Table 46-2
Maximum Permitted Sound Levels at Residential Boundaries

* Leq is the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. It is the average sound level and accurately portrays the sound the human ear actually hears.

A.

Policy Statement.

1.

The purpose of this Section is to provide specific regulations for the placement, construction and modification of radio, television, and personal wireless service facilities. The provisions of this Section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of radio, television, and personal wireless services, nor shall the provisions of this Section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent services. The goals of this Section are to: (i) encourage the location of towers on public property and in non-residential areas and to minimize the total number of towers throughout the City; (ii) encourage strongly the joint use of new and existing tower sites; (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the City is minimal; (iv) encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas; and (v) enhance the ability of the providers of telecommunications services to provide such services throughout the City quickly, effectively, and efficiently. Accordingly, the City Council finds that the promulgation of this Section is warranted and necessary:

(a)

To manage the location of towers and antennas in the City and provide for the use of public property for the placement thereof;

(b)

To protect residential areas and land uses from potential adverse impacts of towers and falling ice;

(c)

To minimize visual and aesthetic impacts of towers through minimal use of towers, careful design, siting, landscape screening, and innovative camouflaging techniques;

(d)

To accommodate the growing need for towers;

(e)

To promote and encourage shared use/co-location of existing and new towers as a primary option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future;

(f)

To consider the public health and safety of towers to the extent allowed by the Telecommunications Act of 1996; and

(g)

To avoid potential damage to adjacent properties through engineering and proper siting of antenna support structure.

Existing Uses: All towers existing on the date of passage of this Ordinance shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on existing towers shall comply with the requirements of this Section.

New Uses: All new antennas shall comply with this Section after the date of passage.

B.

Definitions. For the purpose of this Section, the following terms shall have the meaning ascribed to them below:

1.

ABANDONMENT shall mean:

(a)

To cease operation for a period of sixty (60) or more consecutive days;

(b)

To reduce the affected radiated power of an antenna by seventy-five (75) percent for sixty (60) or more consecutive days;

(c)

To relocate an antenna at a point less than eighty (80) percent of the height of an antenna support structure; or

(d)

To reduce the number of transmissions from an antenna by seventy-five (75) percent for sixty (60) or more consecutive days.

2.

ANTENNA shall mean any exterior apparatus designed for telephonic, radio, data, Internet or television communications through the sending and/or receiving of electromagnetic waves including equipment attached to a tower, pole, light standard or building for the purpose of providing personal wireless services including, for example, unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for "cellular," "paging," "enhanced specialized mobile radio," "low power mobile radio" and "personal communications services" telecommunications services, and its attendant base station.

3.

ANTENNA HEIGHT shall mean the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades of the parcel shall be used in calculating the antenna height.

4.

ANTENNA SUPPORT STRUCTURE shall mean any pole, light standard, telescoping mast, tower, tripod or other structure which supports a device used in the transmitting or receiving of radio, telephonic or television frequency or television signals.

5.

CELL SITE shall mean a tract or parcel of land that contains the telecommunications service facilities including any antenna, tower support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications services.

6.

FAA shall mean the Federal Aviation Administration.

7.

FCC shall mean the Federal Communications Commission.

8.

GOVERNING AUTHORITY shall mean the governing authority of the City, namely the City Council.

9.

PERSONAL WIRELESS SERVICE andPERSONAL WIRELESS SERVICE FACILITIES , as used in this Section, shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future.

10.

TOWER shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including any antenna support structure, self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

C.

Exemptions. The following are exempt from the provisions of this Section and shall be permitted in all zones:

1.

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.

2.

Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale.

3.

Radar systems for military and civilian communications and navigation.

4.

Wireless radio utilized for temporary emergency communications in the event of a disaster.

5.

Licensed amateur (ham) radio operations.

6.

Satellite dish antennas less than one (1) meters in diameter, including direct to home satellite services, when used as a secondary use of the property with the limitation of two (2) Satellite dish antennas per address.

7.

Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structure work or changes in height or dimensions of antennas, towers, or buildings), provided that compliance with the standards of this Section are maintained.

8.

Subject to compliance with all other applicable standards of this Section, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty (30) days after the completion of such emergency activity.

D.

Industry Site Selection Criteria. In siting a new tower or antenna site, it is anticipated that the industry will propose locations that are technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service.

Specific locations within that general area will be evaluated using the following criteria, which are not listed in order of priority;

1.

Topography as it relates to line of sight transmissions for optimum efficiency.

2.

Availability of road access.

3.

Availability of electric power.

4.

Availability of land-based telephone lines or microwave link capability.

5.

Leaseable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations.

6.

Screening potential of existing vegetation, structures and topographic features.

7.

Zoning that will allow personal wireless service facilities.

8.

Compatibility with adjacent land uses.

9.

The fewest number of sites to cover the desired area.

10.

The greatest amount of coverage, consistent with physical requirements.

11.

Opportunities to mitigate possible visual impact.

12.

Availability of suitable existing structures for antenna mounting.

E.

City Site Selection Criteria.

1.

As a fundamental element of this Section, the telecommunications company proposing to construct an antenna support structure, or mount an antenna on an existing structure, is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. Further, the company must demonstrate by technological evidence that the height requested is the minimum height necessary.

2.

Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC licensed telecommunications provider or has in place necessary agreements with an FCC licensed telecommunications provider for use or lease of the support structure.

3.

Personal wireless service facilities should be located and designed to minimize any impacts on residential property values. Sites should be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

4.

Location and design of sites in all districts should consider the impact of the site on the surrounding neighborhood and the visual impact within the zone district. In residential districts and residential land use areas, the minimum lot size for towers shall be three (3) acres.

F.

Priorities. The following establishes the order of priorities for locating new communications facilities:

1.

Place antennas and towers on public property (excluding prairie, conservation or wildlife areas).

2.

Place antennas on appropriate existing structures, such as buildings, towers, water towers, and smokestacks in other zoned districts.

3.

Place antennas and towers in districts zoned District AG, Agricultural District, District M-1, Limited Industrial District, and District M-2, General Industrial District, which do not adjoin or adversely impact residential neighborhoods.

4.

Place antennas and towers in the Downtown Improvement and Parking District as defined in Section 3-1902 of the Kearney City Code, provided that such towers may be no more than forty (40) feet in height.

5.

Place antennas and towers on other private non-residential property in districts zoned C-O, C-1, C-2, and C-3, Commercial Districts.

6.

Place antennas and towers on multi-family residential structures exceeding thirty (30) feet in height in districts zoned R-3, and R-4.

7.

Place antennas and towers in districts zoned R-1, R-2, and RM: (a) only if locations for which a need has been demonstrated are not available on existing structures or in non-residential districts; and (b) only on or in existing churches, parks, schools, utility facilities or other appropriate public facilities.

8.

An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure, or other appropriate existing structures within a non-residential zoning district, and that due to valid considerations including physical constraints, or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of structures in excess of thirty (30) feet within a one-quarter (¼) mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of existing buildings taller than thirty (30) feet, towers and water tanks within one-quarter (¼) mile of the proposed tower.

G.

Use of City Property.

1.

Priority of Users. Priority for the use of City-owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order:

(a)

City of Kearney;

(b)

Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Kearney and private entities with a public safety agreement with the City of Kearney;

(c)

Other governmental agencies, for uses which are not related to public safety; and

(d)

Entities providing licensed, and unlicensed (where permitted by law), commercial wireless telecommunication services, cellular, personal communication services (PCS), radio and television services, specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public.

2.

Minimum Requirements. The placement of wireless telecommunication antennas or towers on City-owned property must comply with the following requirements:

(a)

The antennas or tower will not interfere with the purpose for which the City-owned property is intended;

(b)

The antennas or tower will have no significant adverse impact on surrounding private property;

(c)

The applicant is willing to obtain adequate liability insurance and commit to a lease agreement, which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors;

(d)

The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of antenna or tower removal;

(e)

The antennas or tower will not interfere with other users who have a higher priority as discussed in Section 46-110.G;

(f)

The applicant must reimburse the City for any costs, which it incurs because of the presence of the applicant's antennas or tower;

(g)

The user must obtain all necessary land use approvals; and

(h)

The applicant will cooperate with the City's objective to promote co-locations and thus limit the number of separate antenna sites requested.

3.

Special Requirements. The use of certain City-owned property, such as water tower sites and parks, for wireless telecommunication antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication antennas or towers on these special City-owned sites will be allowed only when the following additional requirements are met:

(a)

Water Tower or Reservoir Sites. The City's water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the City's water supply is of prime importance to the City. As access to the City's water storage systems increases, so too increased is the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication antennas or towers on water tower or reservoir sites will be allowed only when the City is fully satisfied that the following additional requirements are met:

(1)

The applicant's access to the facility will not increase the risks of contamination to the City's water supply;

(2)

There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility;

(3)

The presence of the facility will not increase the water tower or reservoir maintenance cost to the City; and

(4)

The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir.

(b)

Parks: The presence of certain personal wireless service facilities, antennas or towers represent a potential conflict with the purpose of some parks. In no case shall towers or antennas be allowed in designated prairie or other conservation or wildlife area unless they are to be installed in areas, which currently contain tower facilities or antennas, and in no case shall towers or antennas be allowed in areas without road access to the base of the tower, antenna support structure or facilities. Personal wireless facilities, antenna support structure, antennas or towers will be considered only in the following parks after the recommendation of the Parks and Recreation Advisory Board, Planning Commission and approval of the City Council:

(1)

Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use;

(2)

Commercial recreation areas and major play fields; and

(3)

Park maintenance facilities.

H.

Co-Location.

1.

To minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one (1) carrier on existing or new towers and location of such antennas on public property shall take precedence over the construction of new single-use towers on public property as follows:

(a)

Proposed antennas may, and are encouraged by the opportunity for expedited review as provided in this Section to, co-locate onto existing towers. Even where such co-location is accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this Section, new or additional conditional use approval is required, and any other permit, license, lease, or franchise requirements also must be satisfied.

(b)

The conditional use requirement for antennas may be expedited, upon the Director of Public Work's sole determination, to eliminate Planning Commission review and submit such application directly to City Council for its review, in nonresidential zones if the applicant locates the antenna on an existing structure including an existing tower and/or if the antenna is proposed to be located on suitable public property such as a water tower, government building, or other public tower or pole. Suitability of public property shall be determined in the City's sole discretion. The applicant must submit detailed plans to the Public Works Department for an administrative review to determine if the conditional use permit process and public hearing can be expedited, as provided herein. No building permit will be issued until the conditional use is granted.

(c)

The City may deny the application to construct a new tower if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the antenna on an existing structure and/or public property.

(d)

In order to reduce the number of antenna support structures needed in the City in the future, any new proposed support structure shall be designed to accommodate antenna for more than one (1) user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

(e)

Unless co-location has been demonstrated to be infeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users. The site plan for towers in excess of one hundred (100) feet must propose space for two (2) comparable tower users while the site plan for towers under one hundred (100) feet must propose space for one (1) comparable tower user.

(f)

To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of additional antenna, provided the additional antenna shall be consistent with the use and aesthetics as that on the existing tower. This is permitted by conditional use permit for existing towers in all zoning districts, subject to the following criteria being met:

(1)

Height: An existing tower may be modified or rebuilt to a taller height, to accommodate the co-location of additional antenna, so long as it is done in accordance with (e) and (f), above.

(2)

Onsite Location: A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within fifty (50) feet of its existing location so long as it remains within the same zone and complies with the other provisions of this Section. After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on site.

(3)

Signage Prohibited: Except as set forth in Section 46-11012(c), no signs, banners or similar devices or materials may be attached to the towers, antenna support structure or antennas.

2.

Subject to the priorities as set forth in Section 46-110.F, to minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one (1) carrier on existing or new towers and location of such antennas on commercial, business, industrial or residential property shall take precedence over the construction of new single-use towers on commercial, business, industrial or residential property, as follows:

(a)

Proposed antennas may, and are encouraged by the opportunity for expedited review as provided in this Section to, co-locate onto existing towers. Even where such co-location is accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this Section, new or additional conditional use approval is required, and any other permit, license, lease, or franchise requirements also must be satisfied.

(b)

The conditional use requirement for antennas may be expedited, upon the Director of Public Works' sole determination, to eliminate Planning Commission review and submit such application directly to City Council for its review, in commercial, business, industrial and residential zones if the applicant locates the antenna on an existing structure including an existing tower and if the antenna is proposed to be located on suitable commercial, business, industrial or residential property. Suitability of commercial, business, industrial or residential property shall be determined in the City's sole discretion. The applicant must submit detailed plans to the Public Works Department for an administrative review to determine if the conditional use permit process and public hearing can be expedited, as provided herein. No building permit will be issued until the conditional use permit is granted.

(c)

The City may deny the application to construct a new tower if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the antenna on an existing structure.

(d)

In order to reduce the number of antenna support structures needed in the City in the future, any new proposed support structure shall be designed to accommodate antenna for more than one (1) user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

(e)

Unless co-location has been demonstrated to be infeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users. The site plan for towers in excess of one hundred (100) feet must propose space for two (2) comparable tower users while the site plan for towers under one hundred (100) feet must propose space for one (1) comparable tower user.

(f)

To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of additional antenna, provided the additional antenna shall be consistent with the use and aesthetics as that on the existing tower. This is permitted by conditional use permit for existing towers in all zoning districts, subject to the following criteria being met:

(1)

Height: An existing tower may be modified or rebuilt to a taller height, to accommodate the co-location of additional antenna, so long as it is done in accordance with (e) and (e), above.

(2)

Onsite Location: A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within fifty (50) feet of its existing location so long as it remains within the same zone and complies with the other provisions of this Section. After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on site.

(3)

Signage Prohibited: Except as set forth in Section 46-1101 2(c), no signs, banners or similar devices or materials may be attached to the towers, antenna support structure or antennas.

I.

Design Criteria.

1.

New towers and antenna support structure shall be designed to accommodate co-location for antenna for more than one (1) user throughout the City in zoning districts as permitted by this Section, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

2.

Facilities should be architecturally compatible with the surrounding buildings and land uses in the zoning district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.

(a)

Setback: Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographic limitations or other public policy considerations as determined in the City's sole discretion, in residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to three hundred (300) percent of tower height as measured from ground level. Except as provided herein and except for unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion, towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts.

(b)

Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA.

(c)

Lights, Signals and Signs: No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower in cases where there are residential users located within a distance which is three hundred (300) percent of the height of the tower from the tower, then dual mode lighting shall be requested from the FAA.

(d)

Equipment Structures: Ground level equipment and buildings and the tower base shall be screened from public streets and residentially zoned properties. The standards for the equipment buildings are as follows:

(1)

The maximum floor area is three hundred fifty (350) square feet per provider and the maximum height is twelve (12) feet. Depending upon the aesthetics and other issues, the City, in its sole discretion, may approve multiple equipment structures or one (1) or more larger structures.

(2)

Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing and other appropriate means, as specified herein or in the Kearney City Code.

(3)

Equipment buildings mounted on a roof and other roof mounted equipment shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted.

(4)

In instances where equipment structures are located in residential zones or in close proximity to public rights-of-way, equipment structures shall comply with setback requirements and shall be designed so as to conform in appearance with nearby structures.

(e)

Equipment buildings, antenna and related equipment shall occupy no more than twenty-five (25) percent of the total roof area of a building, which may vary in the City's sole discretion if co-location and an adequate penthouse-type structure are used.

(f)

Antenna or equipment buildings not meeting these standards require a special exception in addition to the conditional use permit. The special exception must be approved on a comprehensive sketch plan or final development plan, as applicable.

3.

Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Section shall bring such towers and antennas into compliance with such revised standards and regulations in accordance with the compliance deadlines/requirements of such standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owners' expense.

4.

Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable City building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense.

5.

Structural Design: Towers shall be constructed to the EIA Standards, which may be amended from time to time, and all applicable construction/building codes. Further, any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA Standards and all other good industry practices in effect at the time of said improvement or addition. Said plans shall be submitted to and reviewed at the time building permits are requested.

6.

Fencing: A well-constructed masonry, wood, PVC, or stone fence, or chain link fence in an industrial zone, not less than eight (8) feet in height from finished grade shall be provided around each tower. Access to the tower and equipment structures shall be through a locked gate. Security fencing should be colored or should be of a design, which blends into the character of the existing environment.

7.

Antenna height: The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

8.

Antenna support structure safety: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas also will not be negatively affected by interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

9.

Required parking: If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the City.

10.

Antenna Criteria: Antenna on or above a structure shall be subject to the following:

(a)

The antenna must be architecturally compatible with the building and wall on which it is mounted and designed and located so as to minimize any adverse aesthetic impact.

(b)

The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless, for technical reasons, the antenna needs to project above the roof line. In no event shall an antenna project more than ten (10) feet above the roofline.

(c)

The antenna shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted.

(d)

The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure.

(e)

If an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color.

(f)

The antenna, facilities and accessory equipment shelter must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and/or uses or those likely to exist under the terms of the underlying zoning. Such antenna, facilities and accessory equipment shelter will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.

(g)

Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by City, in City's sole discretion, taking into consideration the site as built.

(h)

For installations on buildings greater than thirty (30) feet in height, see other applicable provisions of this Section. In addition to the other requirements of this Section, on buildings thirty (30) feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied:

(1)

The City finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

(2)

No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein.

(3)

The antenna or antennas and related base stations cover no more than an aggregate total of twenty-five (25) percent of the roof area of a building, which may vary in the City's sole discretion, if co-location and an adequate penthouse-type structure are used.

(4)

Roof-mounted antenna and related base stations must be appropriately camouflaged or substantially screened from view by materials that are consistent and compatible with the design, color, and materials of the building.

(5)

No portion of the antenna may exceed ten (10) feet above the height of the existing building.

11.

If a proposed antenna is located on a building or a lot subject to a site review, conditional use approval is still required prior to the issuance of a building permit.

12.

No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with the City Code.

13.

No antenna owner or lessee or officer or employee thereof shall fail to cooperate in good faith to accommodate other competitors in their attempts to use the same tower or building for other antennas. If a dispute arises about the feasibility of accommodating another competitor, the City Manager may require a third party technical study, at the expense of either or both parties, to resolve the dispute.

14.

No antenna owner or lessee shall fail to assure that the antenna complies at all times with the then current applicable EIA or FCC standards, or other applicable federal standards, whichever standard is more stringent. After installation, but prior to putting the antenna in service, each antenna owner shall provide a notarized statement signed by a qualified engineer to that effect.

15.

No antenna shall cause localized interference with the reception of any other communications signals including, but not limited to, public safety signals, and television and radio broadcast signals.

16.

No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this Section.

J.

Other Permitted Uses.

1.

Applications for antenna for personal wireless communications services and associated unmanned equipment buildings may be reviewed in accordance with the use by special review process so long as the requirements of this Section and the following standards are met:

(a)

In addition to the other requirements in this Section, where the antenna is attached to the roof or sides of a building, an existing tower, a water tank, or a similar structure;

(b)

The following antennae are permitted under the provisions of this section:

(1)

Omni directional or whip antenna no more than seven (7) inches in diameter and extending no more than ten (10) feet above the structure to which they are attached; or

(2)

Panel or similar antenna no more than two (2) feet wide and six (6) feet long, extending above the structure to which they are attached by no more than ten (10) feet; or

(c)

Antenna and antenna array not on publicly-owned property shall not extend more than ten (10) feet above the highest point of the structure on which it is mounted. The antenna, antenna array, and its support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires, in all zones. The antenna, antenna array, and its support structure shall be a color that blends with the structure on which they are mounted.

(d)

Setback from street: Unless there are unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located.

(e)

Guy wires restricted: No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except upon approval of a conditional use permit.

K.

Inspection Requirements. Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC Standards and, within sixty (60) days of the inspection, file a report with the City Manager. Submission of a FCC required, and duly filed, safety inspection report, or the facility operator's maintenance reports for the prior twelve (12) months in the event no FCC report is required for such year, to the City Manager shall satisfy the requirements of this section.

L.

Landscaping/Screening.

1.

Landscaping. Landscaping, as described herein, shall be required to screen as much of the support structure as possible, the fence surrounding both the support structure and any other ground level features (such as a building), and in general soften the appearance of the cell site. The City may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping in Chapter 48 of the UDLO. If the antenna is mounted on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.

2.

Screening. The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the City for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.

3.

Maintenance. In the event that landscaping is not maintained at the required level, the City, after giving thirty (30) days advance written notice, may maintain or do the landscaping and bill both the owner and lessee for such costs until such costs are paid in full.

M.

Non-Use/Abandonment: In the event the use of any tower or antenna has been discontinued for a period of sixty (60) consecutive days, the tower or antenna shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City, which shall have the right to request documentation and/or affidavits from the tower or antenna owner/operator regarding the issue of tower or antenna usage. Upon such abandonment, the owner/operator of the tower or antenna or the owner of property upon which such facility is located shall have an additional sixty (60) days within which to:

1.

Reactivate the use of the tower or antenna or transfer the tower or antenna to another owner/operator who makes actual use of the tower or antenna; or

2.

In the event that abandonment as defined in this Section occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the affected radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six (6) months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower, which exceeds the minimum height, required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment; however, in the event that there is a physical reduction in height of substantially all of the providers' towers in the City, then all of such providers' towers within the City shall similarly be reduced in height.

3.

Dismantle and remove the tower or antenna. If such tower or antenna is not removed within said sixty (60) days from the date of abandonment, the City may remove such tower or antenna, in accordance with applicable law, at the facility owner's and/or property owner's expense. If there are two (2) or more users of a single tower or antenna, then this provision shall not become effective until all users cease using the tower or antenna.

4.

At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, City approval for the tower or antenna shall automatically expire.

N.

Application Requirements. In the course of reviewing any request for any approval required under this Section made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Planning Commission or the City Council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the City, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. All applicants who wish to locate a wireless telecommunication antenna or tower in the City must submit to the City Manager a completed application and detailed plan that complies with the submittal requirements of this Section, the Unified Land Development Ordinance and other regulations and ordinances of the City along with other pertinent information requested by the City. Application submission for conditional use, variance, and building permit requests may utilize any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information:

1.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;

2.

A current map and aerial as provided by the County Surveyor's office showing the location of the proposed tower;

3.

Legal description of the parcel, if applicable;

4.

Approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;

5.

A landscape plan showing specific landscape materials;

6.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

7.

A notarized letter signed by the applicant stating the tower will comply with all EIA Standards and all applicable federal and state laws and regulations and the City Code including specifically F.A.A. regulations;

8.

A statement by the applicant as to whether construction of the tower will accommodate co- location of additional antenna for future users;

9.

A notarized letter signed by the applicant stating that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;

10.

The telecommunications company must demonstrate that it is licensed by the F.C.C. if required to be licensed under F.C.C. regulations;

11.

The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an F.C.C. licensed telecommunications provider if such telecommunications provider is required to be licensed by the F.C.C.;

12.

A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this Section. The site plan shall not be required if the antenna is to be mounted on an existing structure;

13.

At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City;

14.

This Section shall apply to all applications which were filed prior to the effective date hereof and which have not been approved by the City Council as of the effective date of this Ordinance, and to applications filed thereafter.

O.

Third Party Review. The telecommunications providers use various methodologies and analysis tools, including geographically-based computer software, to determine the specific technical parameters of telecommunications services and facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the telecommunications provider. The City Council or the Planning Commission may require such a technical review, to be paid for by the applicant for the telecommunications services or facilities. The selection of the third party expert shall be by mutual agreement between the applicant and City, such agreement not to be unreasonably withheld by either party. The expert review is intended to be a site-specific review of technical aspects of the telecommunications services or facilities and other matters as described herein with respect to potential interference issues, and not a subjective review of the site selection. Such a review should address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the City Council, Planning Commission, City Staff, or interested parties. Based on the results of the third party review, the City may require changes to the application for the telecommunications services, facilities and other matters as described herein that comply with the recommendations of the expert.

P.

Conditional Use Permit Requirement. Notwithstanding anything to the contrary contained herein, in all instances a conditional use permit must be obtained with the affirmative vote of City Council before any radio, television, personal wireless services or facilities may be constructed or operated within the City.

Q.

Termination. The City Council may, subject to applicable law, rescind any previously granted or pending City approval or lease necessary for the construction, installation or operation of telecommunications facilities if it determines that any one (1) of the following conditions exist:

1.

A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use;

2.

A user's frequency broadcast unreasonably interferes with other users of higher priority of use as set forth in Section 46-110.H, regardless of whether or not this interference was adequately predicted in the technical analysis; or

3.

A user violates any of the standards in this Section or the conditions of City approval, lease provisions with the City or other terms of authorization by the City.

Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide a reasonable opportunity for the user to either cure the alleged interference, violation or condition or address the City Council regarding the proposed action.

This procedure need not be followed in emergency situations.

Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all City-owned property by any one (1) or all applicants. Such denial shall be in writing and supported by substantial evidence contained in a written record.

R.

Violations; Penalties; City Remedies.

1.

Any person who violates any of the provisions of this Section 46-110 shall be punished in accordance with the provisions of Section 1-111 of the Kearney City Code.

2.

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person.

3.

In addition to receiving any fines or other monetary remuneration, the City shall have the right to seek injunctive relief for any and all violations of this Section and all other remedies provided by law or in equity.

4.

Before taking action, the City will provide notice to the user of the alleged violation, and provide a reasonable opportunity for the user to either cease or cure the alleged violation or address the City Council regarding such alleged violation. This procedure need not be followed in emergency situations.

S.

Severability. Should any section, paragraph, sentence, clause, phrase or word of this Section be declared invalid or unconstitutional by a court or agency of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases or words of this Section, all of which will remain in full force and effect.

T.

Conflict. To the extent that any provision or provisions of this Section are inconsistent or in conflict with any other provision of the City Code, the Unified Land Development Ordinance or any ordinance or regulation of the City, the provisions of this Section shall be deemed to control. When not inconsistent with the context, words used in the plural number include the singular number, and words used in the singular number include the plural number.

(Ord. No. 6311, 8-26-1997; Ord. No. 8285, § 2, 9-11-2018)

A.

Landfills.

1.

Compliance with Codes: Each landfill must comply with all relevant City, County, State, or Federal codes and statutes.

2.

Prevention of Hazards: No facility shall present a hazard to surrounding residents or properties.

3.

Drainage and Water Supply: No landfill may modify or prevent the flow of major natural drainage ways within the jurisdiction of the City of Kearney. Landfills shall not produce a measurable increase in pollution in any public water-based recreational facility or in any waterway or well that is a part of a public or private water supply.

4.

Minimum Separation from Residential Uses: No non-putrescible landfill may be established within three hundred (300) feet of a developed residential or public use. No landfill involving the disposal of putrescible or septic wastes shall be established within one-fourth mile of any residential, public, or commercial zoning district, or any State of Federal Highway.

5.

Restoration of Site: The site of any landfill must be restored, stabilized, planted, and seeded within six (6) months after the end of the operation. Dissipation of waste products must be accomplished in a manner approved by the State of Nebraska's Department of Environmental Quality.

6.

Toxic Waste: The disposal of hazardous, toxic, or radioactive wastes as defined by the Federal Environmental Protection Agency shall be prohibited within the City of Kearney and its extra-territorial jurisdiction.

B.

Large Wind Energy Conversion Systems (LWECS).

1.

The distance from all lot lines or any building or power line to any tower support base of a LWECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of a Conditional Use Permit approval if the Planning Commission finds that the reduction is consistent with public health, safety, and welfare.

2.

The distance between the tower support bases of any two (2) LWECS shall be the minimum of five (5) rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a Conditional Use Permit approval if the Planning Commission finds that the reduction does not impede the operation of either LWECS.

3.

The LWECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

4.

A fence eight (8) feet high with a locking gate shall be placed around any LWECS tower base; or the tower climbing apparatus shall begin no lower than twelve (12) feet above ground.

5.

The LWECS is exempt from the height restrictions of the base district.

C.

Small Wind Energy Conversion Systems (SWECS).

1.

SWECS structures are not permitted in CBD or UC zoning districts.

2.

The maximum height of a SWECS shall not exceed height restrictions of the base district plus ten (10) feet.

3.

The minimum setback(s) from any property line to a SWECS shall equal the default setback(s) for the zoning district in which it is erected or the platted setbacks recorded on the Final Plat, whichever is greater, with the following exceptions:

(a)

No SWECS shall be erected in a front yard.

(b)

No SWECS shall be erected within thirty (30) feet of any occupied structure on an adjacent or adjoining lot.

(c)

In zoning districts AG, RR-1, and RR-2, a SWECS may be erected within a side yard or rear yard setback, but no portion of the SWECS may be erected within thirty (30) feet of any occupied structure on an adjacent or adjoining lot. A SWECS may not be erected in a side yard in any other zone.

4.

No portion of the SWECS shall extend beyond any setback line or into the following:

(a)

Any public road right-of-way or alley right-of-way, unless written permission is granted by the government entity with jurisdiction over said right-of-way.

(b)

Any overhead utility line, unless written permission is granted by the government entity or utility company that owns and/or controls the utility line(s).

5.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. For tower-mounted SWECS, the tower shall be engineered so as not to provide step bolts, ladders, or other publicly accessible means of climbing the tower, for a minimum of eight (8) feet above the ground.

6.

SWECS shall not be artificially lighted unless the Federal Aviation Administration (FAA) requires such lighting.

7.

The wind generator and energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color or finish is required at the time of issuance of the building permit.

8.

The SWECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.

9.

No signs that are visible from any public road may be posted on a SWECS or any associated equipment building(s). The manufacturer's and installer's identification, appropriate warning signs, or owner identification shall be clearly visible and affixed to the tower at eye level.

10.

A building permit shall be required for the installation of a SWECS. The permit application shall include a plot plan, drawn to scale, which includes the following:

(a)

Property lines and physical dimensions of the property.

(b)

Location, dimensions, and types of existing structures and improvements located on the property.

(c)

Location of the proposed SWECS with dimensions from property lines, setback lines, utility easements, street or alley right-of-way lines, overhead utility lines, residential structures within fifty (50) feet (on the property or adjacent properties). A current aerial photograph with dimensions is acceptable to show existing structures in relation to the proposed SWECS.

(d)

SWECS specifications including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), color and finish.

(e)

Engineered foundation drawings prepared and sealed by a licensed engineer.

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

A.

Home-Based Businesses/Home Occupations. Home-based businesses and home occupations are permitted as an accessory use in residential units subject to the following conditions:

1.

External Effects:

(a)

There shall be no change in the exterior appearance of the building or premises housing the home occupation other than signage permitted within this section.

(b)

No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the home occupation shall be noticeable from any adjacent property or public right-of-way.

(c)

The home occupation shall be carried on entirely within the principal residential structure.

(d)

Mechanical or electrical equipment supporting the home occupation shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes.

(e)

No outdoor storage of materials or equipment used in the home occupation shall be permitted, other than motor vehicles used by the owner to conduct the occupation. Parking or storage of heavy commercial vehicles to conduct the home occupation is prohibited.

(f)

No home occupation shall discharge into any sewer, drainageway, or the ground any material which is radioactive, poisonous, detrimental to normal sewer plant operation, or corrosive to sewer pipes and installations.

2.

Employees: The home occupation shall employ no more than one (1) full time or part time employee on site other than the residents of the dwelling unit, provided that one (1) off-street parking space is made available and used by that non-resident employee.

3.

Extent of Use: For all residential and agricultural zoning districts, the lesser of twenty-five percent (25%) of the floor area of the dwelling or four hundred (400) square feet may be devoted to the home occupation, inclusive of any detached accessory buildings used for the home occupation.

4.

Signage: Each home-based business shall be permitted to have one (1) non-illuminated wall sign not to exceed four (4) square feet in area.

5.

Traffic Generation and Parking.

(a)

Home-based businesses may generate no more than ten (10) vehicle trips per day, corresponding to amount of traffic normally generated by a dwelling unit.

(b)

Deliveries or service by commercial vehicles or trucks rated at ten (10) tons gross empty weight is prohibited for any home-based business located on a local street.

(c)

Parking needs generated by a home-based business shall be satisfied with off-street parking. No more than one (1) vehicle used in connection with any home occupation shall be parked on the property. Such parking shall not be located in a required front yard. No more than two (2) on-street parking spaces shall be used by the home occupation at any one time.

6.

Prohibited Home-Based Businesses/Home Occupations: The following activities are prohibited as home-based businesses, even if they meet the other requirements set forth in this section:

(a)

Animal hospitals.

(b)

Beauty and Barber Shops.

(c)

General retail sales.

(d)

Mortuaries.

(e)

Repair shops or service establishments including major electrical appliance repair, motorized vehicle repair, and related uses.

(f)

Stables or kennels.

(g)

Welding, vehicle body repair, or rebuilding or dismantling of vehicles.

B.

Permitted Accessory Uses: Residential Uses. Residential uses may include the following accessory uses, activities, and structures on the same lot.

1.

Private garages and parking for the residency use.

2.

Recreational activities and uses by residents.

3.

Home occupations, subject to Section 46-112.A.

4.

Non-commercial convenience services for the primary use of residents of multi-family uses or mobile home parks, including laundromats, clubhouses, and post offices.

5.

Garage sales, provided that the frequency of such sales at any one (1) location shall not exceed one (1) during a continuous, two (2) month period or four (4) sales during any twelve (12) month period.

C.

Permitted Accessory Uses: Civic Use Types. Guidance Services and Health Care use types are permitted in the M-1, Limited Industrial Districts only as accessory uses to a primary industrial use.

D.

Permitted Accessory Uses: Other Use Types. Other use types may include the following accessory uses, activities, and structures on the same lot:

1.

Parking for the principal use.

2.

Manufacturing or fabrication of products made for sale in a principal commercial use, provided such manufacturing is totally contained within the structure housing the principal use.

3.

Services operated for the sole benefit of employees of the principal use.

E.

Permitted Accessory Uses: Agricultural Use Types.

1.

Garden centers and roadside stands, subject to the regulations set forth in Section 46-102.A.

2.

Other uses and activities necessarily and customarily associated with the purpose and functions of agricultural uses.

3.

Buildings which directly serve and are required for the conduct of crop and animal production are exempt from requirements for building permits and inspections. Structures which house other uses are subject to the requirements of this ordinance, even if located on property zoned or primarily zoned or used for agricultural purposes.

Outdoor storage is prohibited in all zoning districts except the M-1, Limited Industrial District and M-2, General Industrial District, except as provided in this section.

A.

Agricultural Use Types. Outdoor storage is permitted only where incidental to agricultural uses.

B.

Civic Use Types. Outdoor storage is permitted only where incidental to maintenance facilities.

C.

Commercial Use Types.

1.

Outdoor storage is permitted where incidental to agricultural sales and service, auto rentals and sales, construction sales and service, equipment sales and service, stables and kennels, and surplus sales.

2.

Outdoor storage is permitted where incidental to auto services, equipment repair, long-term vehicle storage, and body repair, provided that such storage is completely screened at property lines by an opaque barrier, as set forth in Section 46-107.B. This provision shall apply to any auto services, equipment repair, or body repair use established after the effective date of this Ordinance.

3.

Retail and wholesale establishments that bale cardboard for recycling shall locate the baler and associated equipment and the finished bales within an enclosed area or the area shall be screened from view of all adjacent property and public rights-of-way with a solid fence or dense evergreen landscaping.

D.

Industrial and Miscellaneous Use Types.

1.

Outdoor storage is permitted where it is incidental to industrial uses within the AG, Agricultural District and M-1, Limited Industrial District. Any such outdoor storage is subject to screening requirements set forth in Section 48-106.

2.

Outdoor storage is permitted where incidental to landfills.

(Ord. No. 6964, 6-10-2003)

A.

Purpose. These provisions are intended to permit occasional, temporary uses and activities, when consistent with the objectives of the Unified Land Development Ordinance and compatible with surrounding uses. They are further intended to prevent temporary uses from assuming the character of permanent uses.

B.

Temporary Use Types. The following temporary uses are permitted, subject to the regulations contained within these sections:

1.

Model homes or apartments, if contained within the development to which they pertain.

2.

Development sales offices. Such offices may remain in place until ninety percent (90%) of the lots or units within the development are sold and may not be located within a mobile home or manufactured home/structure.

3.

Public assemblies, displays, and exhibits.

4.

Commercial circuses, carnivals, fairs, festivals, or other transient events, provided that events are located on property owned by the sponsoring non-profit organization, or are located within a CBD, Kearney Center Mixed Use District or more intensive zoning district.

5.

Outdoor art shows and exhibits.

6.

Christmas tree or other holiday-related merchandise sales lots, provided that such facilities are not located in a residential zoning district.

7.

Construction site offices, if located on the construction site itself.

8.

Outdoor special sales, provided that such sales operate no more than three (3) days in the same week and five (5) days in the same month; and are located in commercial or industrial zoning districts.

9.

Cargo Containers and Portable Storage Containers

(a)

Cargo containers sixteen (16) feet long and longer are only allowed in commercial and industrial zoning districts subject to the following requirements:

1.

The time duration that storage containers can be allowed on a particular site shall be established by the Development Review Team (DRT).

2.

Containers shall be limited in quantity to the number allowed by the Development Review Team and shall not be increased without additional review.

3.

Location of containers on the site shall be restricted to the location approved on the site plan by the Development Review Team.

4.

If the site is located in a Planned Development Overlay District, the Planning Commission shall make a recommendation to the City Council and the City Council shall make a final determination of the quantity, location, and time duration allowable for the storage containers.

5.

Containers approved for a duration of twelve (12) months or more may be screened from view of any adjacent property and public streets in a manner approved by the Development Review Team including, but not limited to, fencing, berming, landscaping or a combination thereof.

6.

All storage containers shall be clean and well maintained.

(b)

Portable Storage Containers sixteen (16) feet and less in length are allowed in residential zoning districts subject to the following requirements:

1.

The temporary placement of one (1) portable storage container not to exceed the size dimensions of eight (8) feet wide by eight (8) feet high by sixteen (16) feet long on a residential lot for the purpose of loading and unloading household contents shall be permitted for a time not to exceed ninety (90) days in a twelve (12) month consecutive period. Additional time is subject to City approval by the Development Services Department on a case by case basis. Additional containers on the same site require City approval by the Development Services Department prior to placement.

2.

Portable storage containers shall not be used for long term storage.

3.

No permit is required; however, the street address of the location the container is going to be placed and the date of placement shall be communicated by telephone, electronic mail, or in person, to the Development Services Department the same day the container is placed.

4.

The property must be occupied by a principal residential building.

5.

Containers are allowed in the front building setback but shall be placed a minimum distance of five (5) feet from any side or rear property lines. Preferred location is in the driveway of the residence, but in no case shall the container be placed in the street or encroaching on public right-of-way.

6.

Signs on any portable storage container shall be limited to not more than twelve (12) square feet each, not to exceed one (1) per side. Signage on the container shall not be used for advertising off-premise businesses other than the company that owns and operates the container business.

7.

No sales shall be conducted from a portable storage container.

8.

All storage containers shall be clean and well maintained.

9.

Reserved.

10.

Construction Batch Plants in the C-3, General Commercial District or M-1, Limited Industrial District, provided that:

(a)

No plant may be located within six hundred (600) feet of a developed residential use, park, or school.

(b)

The facility is located no more than one (1) mile from its job site. The City Planner may extend this distance to two (2) miles, if such extension avoids use of local streets by plant-related vehicles.

(c)

Hours of operation do not exceed twelve (12) hours per day.

(d)

The duration of the plant's operation does not exceed one hundred eighty (180) days.

11.

Additional temporary uses that the City Planner determines to be similar to the previously described uses in this section.

C.

Required Conditions of All Temporary Uses.

1.

Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal.

2.

The City Planner may establish other conditions which he/she deems necessary to ensure compatibility with surrounding land uses.

D.

Permit Application and Issuance.

1.

An application to conduct a temporary use shall be made to the City Planner and shall include at a minimum a description of the proposed use; a diagram of its location; information regarding hours and duration of operation; and other information necessary to evaluate the application.

2.

The City Planner may authorize a temporary use only if he/she determines that:

(a)

The use will not impair the normal operation of a present or future permanent use on the site.

(b)

The use will be compatible with surrounding uses and will not adversely affect the public health, safety, and welfare.

3.

The duration of the permit shall be explicitly stated on the permit.

4.

Decisions of the City Planner may be appealed to the Planning Commission and City Council.

(Ord. No. 6964, 6-10-2003; Ord. No. 7594, 5-11-2010)