Indiana Statutes
§ 12-28-4-8 — Zoning ordinances; residential facilities for individuals with a developmental disability
Indiana·Art. 28 MISCELLANEOUS PROVISIONS CONCERNING·Ch. 4 Residential Facilities for Individuals With a
(a)A residential facility for individuals with a
developmental disability:
(1)for not more than eight (8) individuals with a developmental
disability; and
(2)established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2);
is a permitted residential use that may not be disallowed by any zoning
ordinance (as defined in IC 36-7-1-22) in a zoning district or
classification that permits residential use.
(b)A zoning ordinance may only require a residential facility
described in subsection (a) to meet the same:
(1)zoning requirements;
(2)developmental standards; and
(3)building codes;
as other residential structures or improvements in the same residential
zoning district or classification.
[Pre-1992 Revision Citation: 4-28-21-7.]
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Legislative History
As added by P.L.2-1992, SEC.22. Amended by P.L.272-1999,
SEC.48; P.L.99-2007, SEC.142.
Nearby Sections
15
§ 12-10-1-1
Establishment of bureau§ 12-10-1-2
Purpose§ 12-10-1-3
Administration of programs§ 12-10-1-4
Duties§ 12-10-1-5
Coordination of services with area agencies§ 12-10-1-6
Area agencies; duties; coverage area changes§ 12-10-10-1
"Case management"§ 12-10-10-1.5
"Activities of daily living"§ 12-10-10-10
Services funding; source§ 12-10-10-12
Negotiation of reimbursement rates§ 12-10-10-2
"Community and home care services"