(a)As used in this section, "regulation"
refers to any:
(1)ordinance, including any:
(A)zoning or land use ordinance; or
(B)general or specific planning ordinance;
(2)regulation, including any:
(A)zoning or land use regulation; or
(B)general or specific planning regulation;
(4)restriction;
that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
(b)A governmental body other than the state department may not
license or regulate mobile home communities, except for the following:
(1)Local boards may enforce the standards of health and
sanitation prescribed for mobile homes, manufactured homes,
industrialized residential structures, and mobile home
communities by the state department.
(2)Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
subse
Free access — add to your briefcase to read the full text and ask questions with AI
(a) As used in this section, "regulation"
refers to any:
(1) ordinance, including any:
(A) zoning or land use ordinance; or
(B) general or specific planning ordinance;
(2) regulation, including any:
(A) zoning or land use regulation; or
(B) general or specific planning regulation;
(3) requirement; or
(4) restriction;
that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
(b) A governmental body other than the state department may not
license or regulate mobile home communities, except for the following:
(1) Local boards may enforce the standards of health and
sanitation prescribed for mobile homes, manufactured homes,
industrialized residential structures, and mobile home
communities by the state department.
(2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
subsections (d) and (f), county and municipal authorities within
their respective jurisdictions have jurisdiction regarding zoning
and building codes and ordinances pertaining to mobile home
communities.
(3) Local boards may regulate the construction and operation of
groups of a combined total of not more than four (4) mobile
homes, manufactured homes, and industrialized residential
structures in accordance with standards that are compatible with
standards set by the state department for mobile home
communities.
(c) A governmental body other than the state department may not
regulate mobile homes, manufactured homes, or industrialized
residential structures regarding habitability or minimum housing
conditions unless the regulation is applicable in the same manner to
other forms of residential housing in the jurisdiction.
(d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e),
and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a
governmental body may not regulate or restrict, by regulation or
otherwise, the installation, continued residential use, occupancy,
movement, renovation, relocation, or replacement of a mobile home,
a manufactured home, or an industrialized residential structure within
a mobile home community based upon the age or size of the mobile
home, manufactured home, or industrialized residential structure or
other private property based upon the age of the mobile home,
manufactured home, or industrialized residential structure regardless
of whether:
(1) the mobile home, manufactured home, or industrialized
residential structure;
(2) the lot or site, or any part of the lot or site, on which the
mobile home, manufactured home, or industrialized residential
structure is located or installed, or will be located or installed; or
(3) the mobile home community or other private property, in
whole or in part, in which the mobile home, manufactured home,
or industrialized residential structure is located or installed, or
will be located or installed;
constitutes a conforming structure or use, or a legal, nonconforming
structure or use. Any mobile home, manufactured home, or
industrialized residential structure on private property, which
constitutes a legal, nonconforming use, may not be replaced with a
mobile home, manufactured home, or industrialized residential
structure that is older or smaller than the legal, nonconforming
structure being replaced.
(e) A government body may not regulate or restrict the ability of a:
(1) mobile home community:
(A) owner; or
(B) manager; or
(2) manufactured home community:
(A) owner; or
(B) manager;
to obtain a dealer's license or to sell a mobile home, manufactured
home, or industrialized residential structure located within the owner's
or manager's mobile home community or manufactured housing
community.
(f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after
March 14, 2022:
(1) a unit may not:
(A) adopt or impose a regulation that violates, or that includes
a provision that violates, subsection (d);
(B) amend a regulation so that the regulation, after its
amendment, includes a provision that violates subsection (d),
regardless of when the regulation was originally adopted or
imposed; or
(C) enforce a provision in a regulation adopted or imposed by
the unit if the provision violates subsection (d), regardless of
when the regulation or provision was originally adopted or
imposed; and
(2) any provision that:
(A) is included in a regulation adopted or imposed by a unit;
and
(B) violates subsection (d);
is void and unenforceable regardless of when the regulation or
provision was originally adopted or imposed.
[Pre-1993 Recodification Citation: 13-1-7-38.]