The purposes of this chapter is to:

A.

Serve the public health, safety, and general welfare of the City and residents of Kearney and its surrounding jurisdiction.

B.

Provide for the orderly development and growth of the City by prescribing rules and standards insuring the functional arrangement of streets, public improvements, open spaces, community facilities, and utilities.

C.

Promote the creation of well-planned and attractive residential, commercial, and industrial developments within the city and its jurisdiction.

D.

Avoid excessive costs to the taxpayers of Kearney or the residents of the jurisdiction of the City for the provision of public services and utilities, while maintaining high standards for these services.

E.

Protect the unique environment of the City of Kearney by avoiding environmental damage whenever feasible and appropriate; and by encouraging flexibility in the design of subdivisions.

F.

Provide the City of Kearney with the ability to grow incrementally through the eventual annexation of new developments.

A.

The provisions of this chapter shall be applicable to all property within the corporate limits of the City of Kearney and its two (2)-mile extraterritorial jurisdiction.

B.

No owner of real property within the City of Kearney and its jurisdiction may subdivide or plat such property into lots for buildings or any other use, streets, or other forms of dedication for public use without gaining approval pursuant to this Ordinance. In addition, no individual may sell, offer to sell, or construct buildings on any lots or parts of real property that are not subdivided as required by State law or this section.

C.

The provisions of this chapter apply to all zoning districts. However, specific standards and requirements may be modified for developments in TND, Traditional Neighborhood Development Overlay; C-1(N), Neighborhood Center; MU, Mixed Use; or PD-1 and PD-2 Overlay Districts.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-901

A.

These regulations shall be held to provide the minimum requirements necessary for the promotion of the public health, safety, and welfare. If any provision conflicts with any other provision of the Unified Land Development Ordinance, any other Ordinance of the City of Kearney, or any applicable state or federal law, the more restrictive provision shall apply.

B.

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.

These regulations shall not apply in the following instances:

A.

The division of land for agricultural purposes into parcels or tracts of more than ten (10) acres and not involving any new streets or easements of access.

B.

A previously platted lot which may be divided as a minor subdivision with the provisions of this ordinance.

C.

Land used for adjusting street or railroad right-of-way, a drainage easement or other public utilities subject to local, state or federal regulations, where no new street or easement of access is involved.

D.

Any transfer of title by operation of eminent domain or court ordered partition or decree.

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

All plans, plats or replats of land laid out in building lots, and the streets, alleys or other portions to be dedicated for public use, or for the use of purchasers or owners of the lots adjacent thereto shall be submitted to the Planning Commission for its consideration. The Commission's recommendation shall be submitted to the City Council for its review and action, except that minor subdivisions may be approved upon review by the Chief Building Official and the City Manager or his/her authorized representative.

(Ord. No. 7777, 12-11-2012)