SHORT TERM RENTAL

Omaha Municipal Code ch. 43, art. XI

in effect

Omaha Municipal Code § 43-317 Purpose.

Sec. 43-317. - Purpose. The purpose of this article is to provide for the licensing and regulation of bed and breakfasts in the city or within the three-mile extraterritorial jurisdiction of the city. The city council finds that the regulation and licensing of such bed and breakfasts would serve and protect public safety, health, and welfare. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-318 License required.

Sec. 43-318. - License required. It shall be unlawful for any person to operate a bed and breakfast, as defined in this article, in the city or within the three-mile extraterritorial jurisdiction of the city, without having first obtained a license to do so issued by the planning department permits and inspections division and the Omaha Fire Department. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-319 Definitions.

Sec. 43-319. - Definitions. The following definitions shall be used for terms and occupancy classifications contained in this article that are not otherwise defined in this or other chapters of this Code. Bed and breakfast. As defined in section 55-765 of this Code, a single family residential structure being operated as a hotel, as defined in section 19-701 of this Code, which may or may not be the owner's primary residence, offering individual sleeping rooms and owner provided meals for transients and classified as an R-1 Occupancy in the IBC, as defined in 43-302. Sleeping room. A room within a structure that meets the minimum room size, as defined in this article, and the minimum egress door and egress window requirements. Each sleeping room shall have at least one egress door and one egress window. Transient. Individual who occupies a sleeping room for 30 days or less. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-320 Application requirements.

Sec. 43-320. - Application requirements. To obtain a license from the city for the operation of a bed and breakfast, the applicant must apply to the permits and inspections division on the form(s) provided for the appropriate occupancy classification. Each occupancy classification will have specific requirements that must be met prior to the issuance of such license. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-321 Bed and breakfast.

Sec. 43-321. - Bed and breakfast. The following information must be submitted with the application: (a) The address of the property and structure to be operated or currently being operated as a bed and breakfast. (b) The name and address of the property owner. (c) The name and address of the individual or entity operating the bed and breakfast. (d) Certificate of good standing issued by the State of Nebraska for the business operating the bed and breakfast. (e) Proof of registration with the City of Omaha finance department for collection of the appropriate occupancy tax as required in section 19-702 of this Code. (f) The number of rooms offered for rent. (g) The number and location of the toilets, lavatories and bathing facilities. (h) Letter from the current planning section confirming the proposed use is allowed pursuant to a site plan review. (i) Such other information as may be required by the permits and inspections division to determine that the use and occupancy of the structure is permitted by law. The permits and inspection division shall schedule a certificate of occupancy inspection for the property and structure within five days from the date of the acceptance of the application. The inspection will include review by all disciplines in the permits and inspection division and the fire prevention division of the Omaha Fire Department. The certificate of occupancy inspection shall ensure that the structure meets the minimum intent of and is in compliance with all applicable codes. Any deficiencies shall be identified and submitted to the owner in a long form written notice. Upon receipt of notice of deficiencies, the owner will be given 90 days to correct the identified deficiencies. If an application for license is submitted for a structure currently existing and being used as a bed and breakfast, as defined in this article, the superintendent of the permits and inspection division and the chief of the Omaha Fire Department shall determine whether the structure must be vacated or cease operation until the identified deficiencies are corrected and approved by the permits and inspections division or whether the rental operations may continue in the structure during the repair period. Upon successful reinspection of the corrected deficiencies the certificate of occupancy will be issued by the permits and inspection division within five business days. All bed and breakfasts not currently operated as such shall not be operated as such until all identified deficiencies have been corrected, and a certificate of occupancy and license has been issued by the permits and inspections division. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-322 Special requirements for bed and breakfast occupancies.

Sec. 43-322. - Special requirements for bed and breakfast occupancies. The following special requirements must be met, to the extent possible for historic structures listed on the local or national register, as required in section 55-765 of this Code: (a) A full time monitored fire alarm system must be installed and operational at all times. (b) All exits in common areas must be clearly identified with illuminated exit signs. (c) Fire alarm pull stations shall be provided at all exit locations and hallways of sleeping rooms. (d) Emergency egress lighting with a battery backup must be installed as per manufacturer's instructions in order to provide a minimum of one foot candle illumination three feet above the floor. (e) All first time occupancies shall install an NFPA approved 13R fire sprinkler system in addition to the alarm system. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-323 Certificate of occupancy, required.

Sec. 43-323. - Certificate of occupancy, required. In addition to the license required, a separate certificate of occupancy shall be required for all bed and breakfasts. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-324 Term of license.

Sec. 43-324. - Term of license. The license is issued for a period of one year from the date of approved certificate of occupancy and shall automatically expire unless renewed as provided for in this article. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-325 Renewal of license.

Sec. 43-325. - Renewal of license. Within 90 days prior to the expiration of the license, it shall be the responsibility of the bed and breakfast owner to arrange for reinspection of the subject residence by the permits and inspection division for compliance with all applicable codes. If no violations are found during reinspection the license shall be renewed. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-326 Failure to schedule inspection.

Sec. 43-326. - Failure to schedule inspection. If the license holder fails to schedule the required annual reinspection prior to the expiration of the license, the license shall be automatically void. Once a license has become void, the property owner will be required to submit a new application for the residence, as provided for in this article, and the application and residence shall be treated as if it were a new use. Any special requirements provided for in this article shall be met prior to issuance of new license. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-327 Failure of inspection.

Sec. 43-327. - Failure of inspection. If, during the reinspection of the structure for renewal of a bed and breakfast license, deficiencies are identified, said deficiencies will be submitted to the owner in a long form notice. Identified deficiencies shall be corrected and the structure reinspected five days prior to the date upon which the license expires. If the required repairs are not completed at the time of reinspection, the superintendent of the permits and inspection division and the chief of the Omaha Fire Department will determine whether the property is unsafe and should be vacated until the required repairs are complete. If the structure is deemed unsafe for continued occupancy, the superintendent of the permits and inspections division shall issue an immediate order to vacate the premises or cease operation as a bed and breakfast. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-328 Violation of the building, electrical, mechanical, fire or life safety code.

Sec. 43-328. - Violation of the building, electrical, mechanical, fire or life safety code. Any code violation constituting an unsafe condition or threat to human life or safety observed by an inspector during a routine inspection will be grounds for the issuance of an immediate order to vacate the premises or cease operation as a bed and breakfast by the superintendent of the permits and inspections division. Failure of the owner to comply with such an order may result in criminal citations and the immediate revocation of such license. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-329 Inter-agency notification.

Sec. 43-329. - Inter-agency notification. If, during an emergency response to a structure or property, it appears that the structure is being operated as an unlicensed bed and breakfast or bed and breakfast, emergency responders or their superiors shall notify either the permits and inspection division or the fire prevention division of the Omaha Fire Department, which may initiate an investigation through either division. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-330 Fees.

Sec. 43-330. - Fees. The following fees are hereby established for the licensing of any use type outlined in article X of this chapter. Bed and breakfast: (a) Initial application fee .....$1,000.00 (b) Certificate of occupancy renew .....$250.00 (c) Yearly license renewal fee .....$150.00 + 15.00 per sleeping room. (d) Failed reinspection fee per occurrence .....$200.00 per day until corrected. Maximum five days. Structure will be vacated at the end of five days for noncompliance. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-331 Revocation of license.

Sec. 43-331. - Revocation of license. Whenever deemed necessary and in the interest of public safety and welfare, the superintendent of the permits and inspection division and the chief of the Omaha Fire Department may immediately revoke a bed and breakfast license and issue an order to vacate a premises. If informed by the Omaha Police Department of criminal activity on a property or in a structure licensed as a bed and breakfast under this article that has been or may be dangerous to the occupants or the public, the superintendent of the permits and inspections division may immediately revoke the license and issue an order to vacate the structure. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-332 Posting of the license and certificate of occupancy.

Sec. 43-332. - Posting of the license and certificate of occupancy. The certificate of occupancy and the license issued for a bed and breakfast must be placed in a protective cover and be posted in plain sight as close to the main entry as possible. Failure to post the same will be subject to the fees imposed for failed reinspection. (Ord. No. 40326, § 2, 4-21-15)

Omaha Municipal Code § 43-333 Failure to comply.

Sec. 43-333. - Failure to comply. (a) Any person who shall operate a bed and breakfast without first applying for and obtaining the license required by this article shall be subject to civil penalty of $1,000.00 and each continuing day of noncompliance, following notice thereof shall result in the assessment of an additional civil penalty of $500.00 per day and a maximum of one year in jail. (b) A licensee who after receiving written notice from the superintendent of the permits and inspections division to cease operation of a bed and breakfast or an order to vacate the premises, continues to operate the subject bed and breakfast shall be subject to a civil penalty of $500.00 for each day of noncompliance and a maximum of one year in jail. (c) The city may apply for any appropriate equitable remedy to enforce the provisions of this article, including injunctions requiring the party in violation to correct the unlawful condition or cease the unlawful use. (d) In addition to other penalties provided in this article, anyone found to be in violation of this article shall be prosecuted as outlined in section 1-10 of the Omaha Municipal Code. (Ord. No. 40326, § 2, 4-21-15)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH43BU_ARTXISHTEREFetched: 10/28/2026