Overview: Are Short-Term Rentals Allowed in McCook, NE?

Yes, short-term rentals are explicitly allowed in McCook, Nebraska under specific regulatory frameworks. The city's zoning ordinance permits various forms of short-term lodging operations, including bed and breakfast establishments, vacation rentals, boarding houses, and rooming houses, though these are classified as special exceptions requiring City Council approval rather than permitted by-right uses.

The city has established a comprehensive regulatory environment for short-term rentals through its zoning ordinance (No. 2016-2929), which defines and categorizes different types of temporary lodging establishments. Investors should note that while these uses are permitted, they require special exception approval, meaning they must go through a formal review process to ensure compatibility with surrounding residential uses and neighborhood character.

How to Start a Short-Term Rental Business in McCook

1. Zoning Classification and Property Selection

Identify Suitable Zoning Districts:

• Agricultural District (AG): Bed and breakfast establishments permitted as special exceptions
• Residential Low Density (RL): Bed and breakfast homes permitted as special exceptions
• Residential Medium Density (RM): Boarding houses, rooming houses, bed and breakfast establishments, and timeshare/vacation rentals permitted as special exceptions
• Residential Medium Density-Mobile Home (RM-M): Similar provisions for temporary lodging establishments

Property Requirements:

• Properties must meet minimum lot requirements for their respective zoning district
• Structures must comply with bulk regulations (height, setbacks, lot coverage)
• Properties should be suitable for residential use with adequate access and utilities

2. Special Exception Application Process

Step 1: Pre-Application Consultation

• Contact the Zoning Administrator (typically the City Manager or designee) to discuss proposal feasibility
• Review specific district requirements and neighborhood compatibility factors

Step 2: Formal Application Submission

• Submit special exception application to the City Clerk
• Provide detailed site plans, architectural drawings, and operational descriptions
• Include proof of property ownership and compliance with all applicable codes

Step 3: Public Review Process

• City staff review for compliance with zoning and land use standards
• Public notice published and property posted
• Public hearing scheduled before City Council

Step 4: City Council Decision

• Formal presentation of the application
• Public comment period
• Council vote on approval, denial, or modification

3. Operational Planning

Capacity and Guest Limits:

• Bed and breakfast establishments: Maximum 10 guests
• Boarding houses/rooming houses: No specific limit stated but subject to fire safety and occupancy codes
• Vacation rentals: Must comply with residential occupancy standards

Owner Occupancy Requirements:

• Traditional bed and breakfast operations require owner presence during guest stays
• Other STR types may have different owner presence requirements

Required Documents, Permits, Licenses, and Guidelines

Zoning and Land Use Documentation

1. Certificate of Zoning Compliance

• Issued by the Zoning Administrator after certification that the property complies with all zoning provisions
• Required before any construction or use changes
• Confirms suitability for human occupancy under zoning regulations

2. Special Exception Permit

• Formal approval required for all STR uses
• Application includes site plans, operational details, and compatibility analysis
• Subject to conditions and ongoing compliance requirements

3. Site Plan Requirements

• Scale no less than 1 inch = 100 feet
• Accurate location of all structures, streets, alleys, and parking areas
• Existing and proposed improvements clearly distinguished
• Compliance with setbacks, height, and lot coverage requirements

Building and Safety Compliance

1. Building Permits

• Required for any structural modifications or new construction
• Must comply with International Construction Code (ICC) standards
• Structural alterations require proper permits

2. Fire Safety and Occupancy Permits

• Properties must meet fire safety codes for the intended occupancy type
• Maximum occupancy limits established by building and fire codes
• Exit requirements, smoke detectors, and fire suppression systems as applicable

3. Health Department Approvals

• Food service components (for bed and breakfast breakfast service) require appropriate permits
• Wastewater and sanitation compliance for all lodging operations

Business Licensing

1. Nebraska Sales Tax Permit

• Required for all commercial lodging operations
• Collected on room rentals and applicable services
• Filed through Nebraska Department of Revenue

2. Local Business License

• Contact City Clerk for current business licensing requirements
• May be required regardless of zoning approval

Specific Regulations for Short-Term Rentals

Zoning District Requirements

Agricultural District (AG) - Section 704

• Bed and breakfast establishments permitted as special exceptions
• Must be located outside city limits or meet agricultural zoning requirements
• Subject to minimum 2-acre lot size requirements
• Proximity to other residential uses considered in approval process

Residential Low Density (RL) - Section 804

• Bed and breakfast homes permitted as special exceptions
• Must meet minimum 9,000 square foot lot requirements
• Maximum 40% lot coverage limitation
• Height restrictions of 35 feet for principal structures

Residential Medium Density (RM) - Section 904

• Most comprehensive STR allowances including boarding houses, rooming houses, bed and breakfast establishments, and vacation rentals
• Minimum 5,000 square foot lots for single-family dwellings
• Maximum 55% lot coverage
• Height limitations: 35 feet for single-family, 45 feet for multi-family structures

Operational Standards

Guest Capacity Limitations

• Bed and breakfast: Maximum 10 guests
• Other STR types: Subject to building code occupancy limits and zoning compliance

Owner Presence Requirements

• Traditional bed and breakfast operations require owner occupancy during guest stays
• Other STR models may operate with different management arrangements

Parking Requirements

• Must comply with Section 2111 parking regulations
• Off-street parking required for guest vehicles
• Parking areas cannot utilize required yards or open spaces

Signage Restrictions

• Governed by Section 2112 sign regulations
• On-site signs relating to the premises permitted
• Off-site signs (billboards, directional signs) restricted
• Temporary signs may require separate permits

Neighborhood Compatibility Standards

Setback Requirements

• Front yards: 25 feet minimum in residential districts
• Side yards: 8-10 feet depending on lot configuration and adjacent uses
• Rear yards: 15-20 feet minimum

Height Limitations

• Varies by zoning district and structure type
• Generally 35-45 feet maximum height
• Some flexibility for architectural features and rooftop equipment

Noise and Nuisance Controls

• Must comply with residential neighborhood standards
• Home occupation provisions may apply to ancillary services
• Excessive noise, parking, or activity levels subject to enforcement

State-Level Regulations (Nebraska)

Nebraska statutes provide additional framework for STR operations:

Taxation Requirements

• Room rental tax collection and remittance
• State sales tax applicability to lodging services
• Local option sales tax considerations

Health and Safety Standards

• Nebraska Department of Health and Human Services oversight for food service components
• Water quality and wastewater treatment compliance
• Building code enforcement through state-approved standards

Consumer Protection

• Truth in advertising requirements for lodging descriptions
• Booking platform compliance with consumer protection laws
• Liability insurance and guest safety obligations

Contact Information for Local Authority

City of McCook - Zoning Administration

Primary Contact:

• City Manager's Office
• Phone: (308) 345-2022
• Email: cityoffice@cityofmccook.com
• Address: 302 West 5th Street, McCook, NE 69001

Zoning Administrator:

• Typically the City Manager or designated representative
• Responsible for zoning compliance and certificate issuance

City Clerk:

• Phone: (308) 345-2022
• Responsible for: Permit applications, public hearing scheduling, official records

Planning and Zoning Department:

• Phone: (308) 345-2022
• Services: Zoning questions, special exception applications, comprehensive planning

Regional and State Contacts

Red Willow County Planning and Zoning:

• Phone: (308) 345-3222
• Address: 502 Norris Avenue, McCook, NE 69001

Nebraska Department of Environment and Energy:

• Phone: (402) 471-2186
• Website: doi.nebraska.gov
• Services: Environmental compliance, water/wastewater permits

Nebraska Department of Health and Human Services:

• Phone: (402) 471-3121
• Services: Food service licensing, health permits

Source Links and References

Primary Zoning Documentation

• City of McCook Zoning Ordinance No. 2016-2929
• Link: www.cityofmccook.com/276/Zoning-Ordinance-PDF
• Document Date: May 2, 2016 (with subsequent revisions)

Key Sections Referenced

• Article 3, Section 302: Definitions (Bed and Breakfast, Boarding House, etc.)
• Article 7, Section 704: Agricultural District Special Exceptions
• Article 8, Section 804: Residential Low Density Special Exceptions
• Article 9, Section 904: Residential Medium Density Special Exceptions
• Article 21, Section 2111: Parking Regulations
• Article 21, Section 2112: Sign Regulations

Additional Resources

• City of McCook Official Website: www.cityofmccook.com/
• McCook Comprehensive Plan: Available through City Planning Department
• Nebraska Revised Statutes Chapter 19, Article 9: Municipal Zoning Authority

Important Note: This guide is based on the provided zoning ordinance content. Investors should verify current regulations and contact city officials for the most up-to-date requirements, as zoning ordinances and enforcement procedures may be amended over time. The special exception process requires individual property evaluation and public review, making each application unique in its requirements and timeline.