The Supplemental Development Regulations establish basic requirements for developable lots, including frontage requirements. They recognize the existence of special conditions that cannot comply literally with the development regulations set out for each zoning district. Therefore, these regulations qualify or modify the district regulations of this Ordinance and provide for specific areas of exception.

Any lot used in whole or part for residential purposes shall provide a minimum frontage of twenty (20) feet along at least one (1) public street, or shall possess an exclusive, uninterrupted private easement of access or right-of-way of at least twenty (20) feet wide to a public street. There shall not be more than one (1) single-family housing unit for such frontage or easement. A common easement of access at least forty (40) feet in width may be provided for two (2) or more single-family units or for one (1) or more duplex, two-family, townhouse, or multiple-family housing units.

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

In any district permitting residential use types, a single-family use type may be located on any lot or plot of official record but nonconforming in size as of the effective date of this Ordinance, regardless of its area or width but must meet all setbacks on the zoning districts. If two (2) or more such adjacent lots are combined under single ownership, the resulting combined lots shall be treated as a single lot for purposes of applying these setback requirements.

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

A.

Lots Adjoining Alleys. In calculating the depth of a required side or rear yard setback for a lot adjoining a dedicated public alley, one-half (½) of the alley may be credited as a portion of the yard. However, no residential structure may be nearer than three (3) feet to the near side of the alley.

B.

Encroachments on Required Yards or Platted Building Setbacks. Every part of a required yard or a platted building setback shall be open and unobstructed from finished grade upward, except as specified herein.

1.

Architectural projections, including roofs which cover porches, enclosed porches, window sills, belt courses, cornices, eaves, flues and chimneys, and ornamental features may project three (3) feet into a required yard or a platted building setback.

2.

Terraces, patios, uncovered decks, and ornamental features which have no structural element (excluding handrails and guardrails) more than thirty (30) inches above or below the adjacent ground level may project six (6) feet into a required front yard, side yard or platted building setback or ten (10) feet into a required rear yard. However, all such projections must be set back at least three (3) feet from an adjacent side lot line; or twenty (20) feet from any street property line.

3.

Fire escapes, fireproof outside stairways, and balconies opening to fire towers may project a maximum of three (3) feet into required yards, provided that they do not obstruct the light and ventilation of adjacent buildings.

4.

For buildings constructed upon a front property line, a cornice may project into public right-of-way, unless such property is constructed on a State or Federal Highway. Maximum projection is the smaller of four (4) feet or five (5) percent of the right-of-way width.

5.

In commercial districts, a canopy may extend into a required front yard or platted building setback, provided that the canopy is set back at least five (5) feet from the front property line, covers less than fifteen (15) percent of the area of the required front yard or platted building setback, and has a vertical clearance of at least eight (8) feet six (6) inches.

6.

Swimming pools shall be subject to the same location and setback requirements as accessory buildings.

(a)

Swimming pools within complexes of more than six (6) residential units must be at least fifty (50) feet from a side or rear lot line.

7.

Lamp posts with a maximum height of ten (10) feet, and flag poles up to maximum height of base district may be located within required yards or platted building setback, provided they are set back at least five (5) feet from property lines. The spread of a flag when fully extended shall not extend onto public right-of-way.

8.

Detached garage Setbacks: Any garage that fronts on a public street must be set back at least twenty-five (25) feet from such street, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.

9.

Fences: As provided for in Section 47-109, Fence Regulations.

C.

Setbacks on Arterial Streets. Notwithstanding any other provision of this ordinance, all buildings built or altered, or off-street parking areas developed along a state or federally designated highway shall maintain a setback indicated by the Arterial Setback map in this section.

Properties located where a properly dedicated and accepted frontage road right-of-way exists are exempt from these provisions and are instead subject to the setback requirements of their respective zoning district.

D.

Setback Adjustments.

1.

Setbacks on Built-Up Blockfaces: These provisions apply if thirty (30) percent or more of the buildings on that blockface have front yard setbacks different from those required for the specific district.

(a)

If a building is to be built on a parcel of land within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be the mean front yard setbacks of the adjacent buildings.

(b)

If a building is to be built on a parcel of land within one hundred (100) feet of an existing building on one (1) side only, the minimum front yard shall be the front yard setback of the adjacent building.

(c)

If a building is to be built on a parcel of land not within one hundred (100) feet of an existing building on either side, then the minimum front yard shall be the mean front yard setback of all existing buildings on the blockface.

(d)

No setback adjustment pursuant to this section shall create a required front yard setback more than five (5) feet greater than that otherwise required by the applicable zoning district.

2.

Corner Lots.

(a)

Required setbacks shall not reduce the buildable width of any corner lot to less than twenty-four (24) feet. Appropriate setback adjustments shall be allowed to maintain this minimum width.

(b)

No setback adjustment shall permit encroachment into the vision clearance triangle.

E.

Double Frontage Lots. Residentially zoned double frontage lots on a major street, and with no access to that street may have a twenty-five-foot minimum front yard setback along said street. All other double frontage lots must provide full front yard setbacks from each adjacent street.

F.

Satellite Antennas.

1.

Each lot shall have no more than one (1) satellite antenna.

2.

Antennas with a surface area over six and three-tenths (6.3) square feet which are accessory to a primary use and are designed to receive and transmit electromagnetic signals, or to receive signals from satellites, shall not be located within any front yard of the primary use.

3.

Antennas with a surface area of over six and three-tenths (6.3) square feet are subject to the following additional regulations:

(a)

Such antennas shall be located no less than ten (10) feet from the property line of an adjacent property line.

(b)

The maximum height shall be fifteen (15) feet and the maximum diameter shall be eleven (11) feet.

(c)

Each antenna shall be screened by a six (6) foot high wood or masonry fence, or by natural plants or trees of equal minimum height.

G.

Vision Clearance Zones. Except in the CBD District, no structure, including a fence, shall be built to a height of more than two (2) feet above the established curb grade on the part of the lot within a vision clearance zone. The vision clearance zone shall be a triangle measured from the point of intersection of the curb lines or edge of pavement of the streets to a point forty (40) feet in each direction from the intersection along such curb lines or edges of pavement. At the intersection of major streets as defined in the Comprehensive Development Plan, the forty (40) foot distance shall be increased to sixty (60) feet. No landscaping shall be planted in such area which will materially obstruct the view of drivers approaching the street intersection.

(Ord. No. 6964, 6-10-2003; Ord. No. 7835, 9-10-2013, effective January 1, 2014, Ord. No. 8185, 10-10-2017; Ord. No. 8232, § 3, 4-24-2018)

A.

Accessory Buildings.

1.

General Requirements:

a.

Accessory buildings shall include detached garages, carports, and sheds.

b.

Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the site development regulations of its zoning district.

c.

Within City limits, no accessory building shall be built on any lot until construction of the principal building has begun.

d.

All buildings on a site (principal and accessory buildings) may not exceed the maximum building coverage and impervious coverage of the zoning district.

e.

No accessory building shall be built within the front yard or street side yard setback.

f.

No portion of any accessory building shall be covered with unpainted galvanized metal or corrugated sheets or panels. Any accessory building shall have a minimum vertical rise of two and one-half (2½) inches in each twelve (12) inches of horizontal run and a building design that is harmonious with the character of the neighborhood.

g.

Multiple-frontage lots: Multiple-frontage lots require a minimum twenty-five (25) foot setback on all street frontages.

h.

Easements: No accessory building shall be located or built within any easement or right-of-way along the rear or side property line. Easements may be incorporated into required setbacks.

i.

Footings and Plans:

i.

Frostproof footings shall be installed for accessory buildings of six hundred (600) square feet or more.

ii.

Stamped design plans are required from either the building manufacturer or hired registered design professional for both the accessory building and footings for accessory buildings greater than one thousand two hundred (1,200) square feet.

iii.

Post frame (pole barn type) structures require stamped design plans from the building manufacturer and include stamped footing details for all building sizes.

j.

Allowable Uses: Accessory buildings shall be used only for use types that are permitted within the zoning district. No accessory building shall be used as an independent dwelling unit or for living quarters.

k.

No permit is required for an accessory building of one hundred twenty (120) square feet or less.

l.

Accessory buildings must meet the additional accessory building requirements outlined below according to the zoning district.

2.

R-1, R-1D, and R-2 Districts Additional Accessory Building Requirements.

* Buildings may be four (4) feet apart when offset corner-to-corner at a 45-degree angle.

a.

Total Number of Accessory Buildings: A property with an accessory building equal to or less than seven hundred twenty (720) square feet in area may have one (1) additional accessory building, which does not exceed two hundred (200) square feet in area. A property with an accessory building greater than seven hundred twenty (720) square feet is not permitted additional accessory buildings.

b.

Accessory buildings shall not occupy more than thirty (30) percent of any rear yard.

3.

R-3, R-4 and R-M Districts Additional Accessory Building Requirements.

* Buildings may be four (4) feet apart when offset corner-to-corner at a 45-degree angle.

a.

Accessory building requirements for single-family detached, single-family attached, duplexes, and townhomes with four (4) units or less housing types must follow the R-1, R-1D, and R-2 Districts Additional Accessory Building Requirements.

b.

Accessory buildings for townhomes with five (5) units or more and multi-family developments are not limited in building size or total number of buildings provided all buildings (principal and accessory) on a site, taken together, comply with the building coverage and impervious coverage requirements of the zoning district where the building is located and the site plan has been reviewed and approved by City Staff in accordance Chapter 59.

c.

Accessory buildings for residential complexes of more than six (6) units, must be at least ten (10) feet from a side or rear lot line. A greater separation from residential zoning districts may be required per the zoning district's Site Development Regulations.

4.

RR-1 and RR-2 Districts Additional Accessory Building Requirements.

a.

The total number of accessory buildings is not limited but cannot exceed the impervious coverage percentages of the zoning district.

5.

Agricultural District Additional Accessory Building Requirements.

B.

Agricultural Buildings.

1.

No permit is required for agricultural buildings when such building is used in conjunction with agricultural uses as permitted in Table 14-1 Use Matrix.

2.

No agricultural building shall be constructed without first receiving approval from the Development Services Department for the proposed use and location on property.

3.

No agriculture building shall be built within the front yard or street side yard setback, shall maintain a minimum setback of fifty (50) from said property lines, and not exceed the maximum height of the zoning district.

(Ord. No. 6964, 6-10-2003; Ord. No. 7061, 5-11-2004; Ord. No. 7227, 12-13-2005; Ord. No. 7793, 3-12-2013; Ord. No. 8164, 7-11-2017; Ord. No. 8232 , § 4, 4-24-2018; Ord. No. 8667, § 1, 4-9-2024)

These provisions allow exceptions to the height limit of any zoning district in certain situations.

A.

Vertical Projections.

1.

Chimneys, cooling towers, building mechanical equipment, elevator bulkheads, fire towers, grain elevators, non-parabolic receiving antennas, tanks, solariums, steeples, penthouses not exceeding twenty-five percent (25%) of total roof area, flag poles, stage towers or scenery lofts, and water towers may be built to any height in accordance with existing ordinances.

2.

Any such equipment or vertical projections attached to a building and exceeding the height limit shall be screened to prevent visibility from public right-of-way or adjacent property using materials or design features which are consistent with the overall design of the main building.

3.

No such projection may be built which in the event of failure could constitute a hazard or fall onto either public right-of-way or property, or another private property.

B.

Civic Buildings. Buildings housing civic use types may be built to a maximum height of sixty (60) feet. Such buildings located in residential districts shall be set back one (1) foot in addition to required setbacks from each property line for each foot of height over the maximum height of the zoning district.

C.

Wind Energy Conservation Systems (WECS). Wind Energy Conservation Systems are exempt from the height restrictions of the base district but are subject to the regulations of Section 46-111.B.

D.

Conditional Use Approvals. The Planning Commission may grant an exception from the height limit for a zoning district for a Conditional Use as part of its approval of that use. The limit or extent of this exception shall be a specific part of the Conditional Use Permit.

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

A.

Purpose. As part of the approval process of innovative development designs, including Conservation Subdivisions, Traditional Neighborhood Developments, or Planned Developments, the City may authorize greater flexibility in setbacks in order to produce innovative residential environments, to provide for more efficient use of land, to protect topographic and to encourage the preservation of common area and open space. These special regulations and design exceptions apply only to Conservation Subdivisions.

B.

Site Area Per Unit.

1.

Unless otherwise provided, the site area per unit for an innovative development as a whole shall be that of the zoning district in which such subdivision is located. For the purpose of computing site area per unit, the area of public streets and private ways within the subdivision must be excluded. Residential use types may be combined within the creative subdivision provided that the subdivision as a whole complies with the required maximum density of the zoning district.

C.

Perimeter Yards.

1.

Structures must maintain normal street yard setbacks from any public streets that form the perimeter of the development.

2.

Structures must maintain a twenty (20) foot minimum sideyard setback from any property line that forms the boundary of the development.

D.

Area and Yards for Individual Lots.

1.

Individual lots within an innovative development are exempt from minimum lot area or yard setback requirements set forth elsewhere in this Ordinance, unless provided for by the regulations for a specific zoning district. A creative subdivision must be planned and developed as a common development. A minimum separation of twenty (20) feet shall be established for all residential structures not attached to one (1) another, unless the City Council grants a specific exception for developments proposing unique circumstances, only in as much as said development can be demonstrated to avoid detriment to Kearney's efforts to protect public health, safety, welfare, community character, property values and aesthetics.

2.

Any private garage oriented to or facing a public street or private way internal to the creative subdivision must be set back a minimum of twenty (20) feet from that public street or private way.

E.

Coverage and Landscaping Requirements. Individual lots in an innovative development are exempt from maximum building and impervious coverage limitations and street yard landscaping requirements established for the zoning district. However, the subdivision as a whole, including streets, walks, and access ways, must comply with the building and impervious coverage regulations for its zoning district.

A.

Purpose. This section is intended to restrict or control the use of outdoor lighting devices and techniques which contribute to overall environmental glare, light trespass, public safety, and light pollution, affect the quality of the outdoor nighttime environment, and have a detrimental effect on astronomical observations.

B.

Alternative Materials. This section is not intended to prevent the use of materials or techniques not specifically mentioned in this section, provided that such alternative along public rights-of-way is approved by the City Planner or the Director of Public Works.

C.

Terms and Definitions.

1.

Outdoor Light Fixtures shall mean outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but not be limited to, search, spot, or flood lights for buildings and structures, recreational areas, parking lots, landscape lighting, signs, street lighting, and display and service areas.

2.

Installed shall mean the initial installation of outdoor light fixtures following the effective date of this Ordinance, but shall not apply to outdoor light fixtures installed before that date.

3.

Fully Shielded shall mean fixtures that are shielded or designed in such a manner that light emitted by the fixture, either directly by the lamp or indirectly by the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

4.

Filtering shall mean that light emitted by the lamp passes through a glass, acrylic, or translucent enclosure. Quartz glass does not meet the requirement of filtering.

D.

Requirements for Shielding and Filtering. Requirements for shielding and filtering of light sources are set forth in Table 47-1.

Table 47-1
Shielding and Filtering Requirements for Light Sources

Notes to Table 47-1:

Note 1: Should be in enclosed luminaries.

Note 2: Not considered an incandescent light source.

Note 3: Most glass, acrylic, or translucent enclosures meet filtering requirements

Note 4: Outdoor signs constructed of translucent materials with internal lighting do not require shielding.

Note 5: Warm white natural lamps are recommended.

E.

Exemptions. The following installations are exempt from the provisions of this section.

1.

Nonconforming fixtures, provided that any change in use, replacement, structural alteration, or restoration shall be made in conformance to this section.

2.

Fossil fuel lighting, such as fixtures using natural gas combustion as a light source.

3.

Ornamental or thematic lighting in Kearney Center, Traditional Neighborhood Developments, Neighborhood Centers, and other projects, provided that such lights do not exceed sixteen (16) feet in height. Ornamental lights in excess of sixteen (16) feet high may be approved for specific design purposes by the City Planner.

4.

Construction or emergency lighting, provided that such lighting is removed on completion of the construction project or emergency.

5.

Temporary event lighting such as searchlights, subject to issuance of a temporary permit by the Building Official for a specific duration of time.

6.

Exemptions granted by the Director of Public Works for special conditions, upon issuing a written finding that conditions exist that make conforming fixtures inadequate to the specific task.

F.

Inclusion in Permit Applications. Lighting plans shall be submitted as part of building, electrical, or sign permits and shall be reviewed as part of the normal review process for such permits.

Fence construction in all Zoning Districts is subject to the following provisions:

A.

General Requirements.

1.

Location Restrictions.

a.

Unless otherwise provided by this Ordinance or other sections of the Kearney Municipal Code, no fence shall be erected on any lot or tract outside the surveyed lot lines.

b.

No fence shall be erected on public land by a private party or individual. Removal of any such fence shall be at the expense of the owner

2.

Sight Obstruction at Street Intersections in All Districts. All fences erected in a Vision Clearance Triangle shall comply with Section 9-1209 of the Code of the City of Kearney.

3.

Effect on Adjacent Properties and Drainage. In all Districts, fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainage courses, or drainageways created within easements.

4.

Fence Construction on Utility Easements. In all Districts, a fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.

5.

Protective Fences around Swimming Pools. A fence with a minimum height of four (4) feet shall be required around public or private swimming pools. Any gate around a protective fence shall be lockable and maintained in a locked state when the pool is not in use.

6.

Applicability.

a.

The regulations contained in this section apply to all fences with a height above grade of thirty (30) inches and over.

b.

A permit to erect a fence is required in all zoning Districts except AG, RR-1 and RR-2 Districts.

B.

Residential Fences. Fences constructed within Residential Districts or on land used for residential purposes are subject to the following special provisions:

1.

Definitions:

a.

OPEN FENCE: A fence where the design contains openings that constitute not less than fifty percent (50%) of the surface area of the fence. The surface area is the product of a length of fence, measured from the inside edge of one support post or column to the inside edge of the next adjacent support post or column; times the height of the same section of fence. Fifty percent (50%) of the surface area shall be open, in order to qualify as an "open fence". Support posts or columns less than two (2) feet in width are not considered part of the fence design.

b.

CLOSED FENCE: A fence where the design of the fence has more than fifty percent (50%) of the surface area closed.

2.

Construction Requirements:

a.

Height: The maximum height of all fences excluding supports, posts or attached ornaments shall be six (6) feet.

b.

Openings:

i.

Front Yards: All fences built in required front yard building setbacks shall be constructed as an open fence.

ii.

Street Yards: All fences built in required street-side building setbacks shall be constructed as an open fence.

iii.

Interior Side Yards and Rear Yards: All fences built outside of a required front or street-side building setback may be constructed as a closed fence.

iv.

Arterial Street Yards: Fences built within the required street-side building setback on arterial streets, may be constructed as a closed fence, except when such fence is located in a street side-yard adjacent to a neighboring front yard. A fence erected within twenty-five (25) feet of the common property pin of a street side-yard and a front yard shall be constructed as an open fence.

c.

Materials: Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials, or ornamental metals only. Wood fences shall utilize traditionally accepted residential fence materials. Mesh or chain-link fences may exceed six (6) feet in height to enclose public or private recreational sports complexes.

d.

Barbed Wire: Barbed wire and/or electrified fences are not permitted within the City limits of the City of Kearney, and are defined as any fence that includes in its material barbs, blades, razors, electric current or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence.

C.

Civic, Office, Commercial, and Industrial Fences. Fences constructed in commercial and industrial districts are subject to the following special provisions:

1.

Height: The maximum height of a fence in a required front yard and street side yard for any permitted use in any non-residential zoning district shall be five (5) feet and may be one hundred percent (100%) closed construction. Fences constructed outside of a required front yard or street side yard shall not exceed eight (8) feet in height and may be one hundred percent (100%) closed construction.

2.

Civic Uses in Residential Districts: The maximum height of fences installed as part of primary and secondary educational facilities, day care, and park and recreation use types, or any other use that provides secured outdoor space for the use of children within residential zoning districts shall not exceed six (6) feet.

3.

Barbed Wire: Barbed wire and electrified fences are not permitted within the City limits of the City of Kearney. Except barbed wire may be used in the construction of fencing in an industrial district provided that the bottom strand of the barbed wire shall be at least six (6) feet above ground level.

(Ord. No. 6964, 6-10-2003; Ord. No. 7055, 5-11-2004)

Denial, revocations, or cancellations of a building permit based on the provisions of this Chapter may be appealed to the Board of Adjustments, as set forth in Chapter 59.