Indiana law protects short-term rentals of an owner's residence. IC 36-1-24-8 makes an owner-occupied STR a permitted residential use that a zoning ordinance may not disallow in any district that permits residential use — so Lake County cannot impose a strict primary-residence-only ban.
Under IC 36-1-24-8, a short-term rental of owner-occupied STR property 'is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance ... in a zoning district or classification of a unit that permits residential use.' Non-owner-occupied STRs are treated differently: IC 36-1-24-9 lets a unit require a special exception, special use, or variance, but not one that has the effect of prohibiting or unreasonably restricting them. Lake County therefore cannot limit STRs to primary residences only, though it may apply a special-exception process to investor-owned rentals in the unincorporated area through the Plan Commission.
Because owner-occupied STRs are a protected residential use, a unit cannot cite an owner merely for renting a residence; enforcement focuses on separate ordinance violations (noise, occupancy, parking).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Lake County, IN
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See how Lake County's primary-residence-only rule rules stack up against other locations.
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