Indiana § 36-7-2-12 Regulations regulating size or age of mobile home, manufactured
home, or industrialized residential structure prohibited

Indiana Statutes

§ 36-7-2-12 — Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 2 General Powers Concerning Planning and Development

(a)The definitions in IC 16-41-27 apply throughout this section.

(b)Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f), a unit may not adopt, impose, or enforce a regulation that:

(1)mandates size requirements for or that is based on the age of, a mobile home, a manufactured home or an industrialized residential structure that will be installed in a mobile home community licensed under IC 16-41-27; or

(2)is based on the age of a mobile home, a manufactured home, or an industrialized residential structure that will be installed on other private property; regardless of whether the mobile home community or other private property, in whole or in part constitutes a conforming structure or use or a legal, nonconforming stru

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(a) The definitions in IC 16-41-27 apply
throughout this section.
(b) Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e), and IC 36-7-4-1106(f), a unit may
not adopt, impose, or enforce a regulation that:
(1) mandates size requirements for or that is based on the age of,
a mobile home, a manufactured home or an industrialized
residential structure that will be installed in a mobile home
community licensed under IC 16-41-27; or
(2) is based on the age of a mobile home, a manufactured home,
or an industrialized residential structure that will be installed on
other private property;
regardless of whether the mobile home community or other private
property, in whole or in part constitutes a conforming structure or use
or a legal, nonconforming structure or use.
(c) Nothing in this section shall be construed to prohibit a unit from
adopting or enforcing a requirement of a regulation related to:
(1) transportation;
(2) water and sewer service; or
(3) another requirement concerning the use or development of
land.
(d) 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 (b);
(B) amend a regulation so that the regulation, after its
amendment, includes a provision that violates subsection (b),
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 (b), 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 (b);
is void and unenforceable regardless of when the regulation or
provision was originally adopted or imposed.

Indiana § 36-7-2-12 (Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.