Short-term rentals in Speedway, explained properly.

Sec. 5.49.040 says the permit is not transferable to a new owner, who must submit an application for a new permit. It adds that a change of ownership in any capacity or form starts the mandatory requirement to apply for a new permit.

The Town renews permits for no additional fee and may not charge a fee for renewing a permit, including one that has expired. It will use reasonable efforts to notify owners of short-term rentals 30 days before their permit expires (Sec. 5.49.040).

If any information the owner gave the Town in the permit application changes, the owner must provide the updated information to the Town in writing within 30 business days (Sec. 5.49.040, citing IC 36-1-24-12).

Sec. 5.49.030 applies these standards to all short-term rentals: off-street parking, when provided, only on designated paved portions of the lot such as driveways; rental in a manner consistent with the character of the surrounding neighborhood; the dwelling properly maintained and kept in good repair; the premises free of debris and unwholesome substances, with garbage in a closed container and disposed of on a regular, weekly schedule; renters not encroaching on neighboring properties; and renters not creating a nuisance, which includes any activity that violates the Town noise or fireworks regulations. The owner's contact person must always be available to accept calls when the dwelling is rented and must have a key to the dwelling within three hours to address issues, or provide an entrance code for a unit with remote or key-less access. The Town enforces its ordinances for short-term rentals in the same manner as for similar properties that are not short-term rentals.

Sec. 5.49.030(c) lists five items the owner provides to the renter before occupancy and posts in a conspicuous location within the dwelling: notification of the maximum occupancy permitted in the dwelling; the name and telephone number of the contact person who may be reached any time the dwelling is rented; notification and instructions of the parking locations; a copy of the chapter, as amended; and notification that a renter may be cited or fined by the Town, in addition to any other remedies available at law, for violating any provision of the chapter or any other Town ordinance. The maximum occupancy number itself is not shown here.

Sec. 5.49.030(i) lists these uses as not allowed in a short-term rental; the adult business reference is to the definition in IC 12-7-2-1.8.

Sec. 5.49.020(2) says these circumstances do not constitute a short-term rental: family occupancy (a family member and the family's guests, including in a guest house or similar dwelling on the premises used without remuneration to the owner); house sitting during the owner's and family's temporary absence without remuneration to the owner; occupancy of up to 90 days after closing by a prior owner after a sale of a dwelling; and occupancy by a personal representative, trustee or guardian of the estate, with or without remuneration.

Sec. 5.49.060(2), citing IC 36-1-24-18, makes renting without a valid Town permit a Class C infraction, with each transaction completed without a permit counted as a separate violation. A dollar amount for the infraction is not shown here.

Sec. 5.49.050 requires an owner and the owner's occupants to abide by all applicable state and federal laws and local ordinances, including ordinances on parking, noise and maximum occupancy limitations. Sec. 5.49.060(1) says a violation gets a notice of violation on the State of Indiana Ordinance Violation Complaint with an Instruction Form (Exhibit A), and the owner also receives notice of each violation committed by an occupant. A fine amount for these violations is not shown here.

The town manager may revoke the permit for that property for a period of not more than one year after the date it is revoked (Sec. 5.49.060(1)(b) and (3), citing IC 36-1-24-14). Notice and hearing follow the Town's procedures for revoking other permits in Section 5.48.050. The owner may request an appeal hearing in writing, filed with the clerk-treasurer, within ten days after notice of a refusal to issue or renew, or of a suspension or revocation. The town council sets the hearing and notifies the owner and town manager at least ten working days before it; the town manager does not conduct the hearing; the owner bears the burden of proof by a preponderance of the evidence. The council may overturn or confirm the decision, which is final, delivered in writing within 30 working days of the close of the hearing, and open to judicial review under Indiana law. An owner may apply for a new permit when the revocation period has ended and all outstanding fines are paid.

The Department of Revenue describes the county innkeeper's tax (CIT) as a county tax on the rental of rooms and accommodations for periods of less than 30 days, applied in addition to state sales tax, and lists houses, apartments, condominiums and other personal residences available for rent among taxable accommodations. It does not apply to rentals of 30 days or more, and transactions exempt from state sales tax are not subject to it. An owner whose primary personal residence is rented for fewer than 15 days in the current or preceding calendar year, in line with the 14-day rent rule under Section 280A(g) of the Internal Revenue Code, is exempt from sales tax and any CIT, but all transactions through a marketplace facilitator are subject to CIT. Rates and collection points vary by county and are shown on each place's page; the Department says its table may not show all current rates. The state sales tax rate was not stated on the page read.

The Department says marketplace facilitators must register with the Department to collect CIT for all adopting counties, whether or not the county collects locally, and must remit all CIT directly to the Department, which distributes it to the county. When a personal residence is rented through a marketplace facilitator, the homeowner does not collect and pay CIT on that booking. The page covers CIT only; it does not say here whether platforms collect state sales tax on these stays.