Downtown Kearney, (Brian Neben, Central Nebraska Today)
KEARNEY — The Kearney Planning Commission voted 6-1 regarding code amendments related to short term rentals and downtown residences during their final meeting of the year on Friday, Dec. 19.
In September, the commission held a lengthy discussion regarding the amendments aimed at short-term rentals and residences in the downtown area.
During the September meeting, board member Brent Yaw made his position clear that he was not in favor of street level residences in the downtown area, he noted it would set a “terrible precedent”
At the end of the September meeting, the commission approved naming members to sit on a sub-committee to discuss both short-term rentals and downtown residences.
Melissa Dougherty-O’Hara, City Planner, appeared before the board and recapped the work the sub-committee had done, meeting three times since September.
She also noted the amendments had been shared with the Downtown Improvement board for their input.
“Staff first presented the requested code updates in September 2025. At that meeting the Planning Commission decided further information was needed and that revisions were necessary to the presented code changes, specifically to Chapter 46 (Short-Term Rentals and Downtown residential).,” according to the Planning Commission memo.
“Staff initially proposed that occupancy be limited to 2 individuals per sleeping area, with a maximum of 12 individuals. The subcommittee inquired if such a sleeping area could accommodate more persons, would there be a way to increase the occupancy,” according to City of Kearney staff.
“Staff also addressed concerns the Planning Commission had regarding the proposed changes to allow one-story buildings in the CBD (Central Business District) zoning district to be converted to residential use. Commissioners expressed concern that, as written, it would allow more residential development, changing the overall commercial character of the CBD zoning district,” the city staff wrote.
“Staff worked with them to balance the ability to convert one-story buildings in part to residential use while preserving the overall use of the building for commercial uses permitted in the CBD zoning district,’ per city staff.
“New definitions have been provided to define what is a Short-Term Rental and what can be classified as a sleeping area. While drafting the proposed regulations, Staff has looked to peer communities and adopted building codes, and needs to address primary concerns regarding occupancy,” city staff wrote.
“Additionally, Staff is proposing updates to allow for residential units to be built in the CBD zoning district on the first floor,” per the memo.
Yaw again voiced his disagreement with the proposed code amendments, saying that he feels that the code is not needed and they are adding regulations that are not needed.
As for downtown residences, Yaw said he “sees no purpose in allow residences on the commercial level in the downtown area.”
Dougherty-O’Hara noted that the code as written does little to regulate downtown residences, only stating right now that they must be compliant with the Americans with Disabilities Act (ADA).
Yaw said that in his opinion, if the code passes there will be an increase in downtown residences and that will “destroy the downtown.”
Yaw made clear his opposition and said he doesn’t see the reason why the code amendment was being proposed.
Chairperson Stan Dart noted that the planning commission makes suggestions to the city council who ultimately decide upon the matter. He said those in favor or against the amendments had an opportunity to speak during the commission hearing or during the city council meeting.
It was noted by board members who sat on the sub-committee that the amendments give the city a place to start regarding a code that needed to be updated.
On the short-term rental and downtown residences amendments, the commission voted 6-1 in favor of recommending approval to the city council. Yaw had the dissenting vote in both cases.
