Cal. Civ. Code § 36-1-24-9
Short term rental property that is not an owner occupied short term rental property; special exception; zoning variance
Operative Text
Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property. (b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district or classification of a unit. However, the unit may not interpret and enforce the unit's zoning regulations for a special exception, special use, or zoning variance in a manner that is intended or has the effect of prohibiting or unreasonably restricting short term rentals of property to which this section applies. Denial of a special exception, special use, or zoning variance for the short term rental property may be appealed in accordance with IC 36-7-4.
Indiana Code § 36-1-24-9 addresses non-owner-occupied short-term rental properties in residential zoning districts. Under this provision, a local government unit may require property owners to obtain a special exception, special use permit, or zoning variance before operating such a rental, but the unit is prohibited from applying those zoning tools in a way that effectively bans or places unreasonable restrictions on short-term rentals. If a local government denies the required approval, the property owner may appeal that decision under the procedures set out in IC 36-7-4.
Plain English — not legal advice.
Operators of non-owner-occupied short-term rental properties governed by Ind. Code § 36-1-24-9 generally check whether their local zoning district requires a special exception, special use permit, or variance before listing or renting the property. Compliant operators obtain any required local approvals and keep documentation of those approvals on file. If a local government denies an application, § 36-1-24-9 preserves the right to appeal under IC 36-7-4, so operators typically track denial notices and applicable appeal deadlines.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-1-24-9 is primarily directed at property owners and local governments rather than tenants, but it has indirect relevance to renters in residential areas. Tenants who believe a non-owner-occupied short-term rental in their neighborhood is operating without required local zoning approvals may contact their local zoning or planning office to inquire about compliance. Tenant-rights organizations can help renters understand how local zoning decisions under § 36-1-24-9 may affect their residential community.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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