State law protects owner-occupied short-term rentals: in Fishers an owner-occupied STR is a permitted use needing no permit, while a non-owner rental needs a Special Exception. Carmel's special-exception path favors primary residences. Cities cannot ban either outright.
Indiana Code 36-1-24 draws a line between owner-occupied and non-owner short-term rentals. An owner-occupied STR is a permitted residential use that a city may not disallow, so Fishers requires no permit for it. A non-owner STR may be subjected to a Special Exception (Fishers) or Board of Zoning Appeals approval (Carmel), but the city may not enforce that process to prohibit or unreasonably restrict rentals. Carmel's special-exception review historically prioritizes homes used as a primary residence. Hamilton County itself imposes no primary-residence rule; the standard is set by each city.
Operating a non-owner STR without the required special exception is a zoning violation; cities pursue citations, enforcement suits, and daily fines.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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