§ 36-7-4-1019 — Reconstruction, repair, renovation, or replacement of structure within mobile home community or on other private property permitted without loss of status as legal, nonconforming structure or use

Indiana § 36-7-4-1019

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) The definitions in IC 16-41-27 apply
throughout this section.
(b) For purposes of this section:
(1) a legal, nonconforming structure includes:
(A) a mobile home;
(B) a manufactured home; or
(C) an industrialized residential structure;
that is considered a legal, nonconforming structure by a unit; and
(2) a legal, nonconforming use includes the use of a parcel of real
property, or any part of a parcel of real property, for residential
purposes by one (1) or more:
(A) mobile homes;
(B) manufactured homes; or
(C) industrialized residential structures;
if the use is considered a legal, nonconforming use by a unit.
(c) In an enforcement action brought under this chapter, the party
alleging the existence of a legal, nonconforming use or variance
granted by a board of zoning appeals has the burden of proof on that
issue. The nonexistence of a nonconforming use or variance need not
be proved.
(d) Except as provided in subsection (e) and subject to subsection
(f), whenever a legal, nonconforming structure on a parcel of real
property used for residential purposes within a mobile home
community or on other private property is damaged, destroyed, or
removed, the owner of the parcel shall be permitted to reconstruct,
repair, renovate, or replace the structure without losing the status of the
structure or parcel, or any part of the parcel, as a legal, nonconforming
structure or use if the reconstruction, repair, renovation, or replacement
meets the following requirements:
(1) The structure will continue to be used for residential purposes.
(2) Subject to IC 25-23.7-8, the new foundation of the
reconstructed, repaired, renovated, or replaced structure may not
exceed the square footage of the foundation of the damaged,
destroyed, or removed structure.
(e) The provisions of subsection (d) concerning the reconstruction,
repair, renovation, or replacement of a damaged, destroyed, or removed
nonconforming structure do not authorize the reconstruction, repair, or
renovation of a damaged or destroyed nonconforming structure that is:
(1) subject to the jurisdiction of a preservation commission
organized under:
(A) IC 36-7-11;
(B) IC 36-7-11.1;
(C) IC 36-7-11.2; or
(D) IC 36-7-11.3; or
(2) located within a flood plain (as defined in IC 14-8-2-99).
(f) The provisions of subsection (d) concerning the continuing status
of a structure or parcel, or any part of the parcel, as a legal,
nonconforming structure or use apply regardless of whether:
(1) the structure or parcel, or any part of the parcel, is conferred
status as a legal, nonconforming structure or use within a mobile
home community or on other private property; or
(2) the legal nonconforming structure is:
(A) damaged, destroyed, or removed; or
(B) reconstructed, renovated, repaired, or replaced;
before, on, or after March 15, 2022.
[Pre-Local Government Recodification Citation: 18-7-2-85
part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.60; P.L.134-2020, SEC.1; P.L.53-2022, SEC.4;
P.L.137-2023, SEC.15.