Downtown Kearney on the Bricks, (Brian Neben, Central Nebraska Today)
KEARNEY — The Kearney Planning Commission had a lengthy discussion regarding code amendments for short term rentals and residences in the downtown area during their meeting on Friday, Sept. 19.
Melissa Dougherty-O’Hara, City Planner, presented code amendments addressing short term rentals and downtown and group residential in the Unified Land Development Ordinance.
“Staff is proposing to implement a permit and regulations for Short-Term Rentals to assist in addressing code enforcement complaints and as a way to track short-term rentals to ensure compliance with the hotel occupation tax that should be collected on any short-term stay. Implementing regulations for Short-Term Rentals provides the ability to balance these businesses with hotels and motels,” according to the Planning Commission memo.
“Additionally, Staff proposes updates for residential units to be built in the CBD zoning district on the first floor and clarification to the Group Residential Density table for consistency with current practices,” per the memo.
One part that was discussed was “Clarify the ability for one-level buildings to have residential units at the street level, subject to approval of the Board of Adjustments.”
Board member Brent Yaw made it clear that he was not in favor of street level residences in the downtown area. He felt allowing this set a “terrible precedent,” that would change the feel and use of downtown.
Dougherty-O’Hara noted that the code is written to not allow full residences but still need a storefront business use. She also noted that even though there is a path to seek a first-floor residence in the downtown area, it is not often sought.
There was a general discussion about the future of the downtown area among the board members and how enforcement might be handled when it comes to residences in the area.
There was also discussion about short term rentals, Dougherty-O’Hara noted that with Kearney being home to a four-year college, there are multiple short-term rentals in the community. There are also numerous properties available for rent through Airbnb.
Vice-Chairperson Richard McGinnis said that he was hesitant about adding more restrictions to short term rentals and making it too cumbersome for people who wished to rent out their property.
Board member Monte Dakan noted the other side of the argument would be the rights of neighbors and noted that some regulation is needed when it comes to shot term rentals.
He noted the example of someone living next to an Airbnb property that sees numerous people coming in and out, parking issues, etc.
When asked, Dougherty-O’Hara said that in the last 12 months there have been 12-13 short-term rental properties that were not operating within rental regulations.
There was also a general discussion about short-term and long-term rentals and how regulation is handled. It was noted most of the city’s enforcement comes down to health and safety concerns.
After the discussion, the commission approved naming members to a sub-committee to discuss both short-term rentals and downtown residences.
