(a)This section does not affect a
requirement applicable to property that is subject to the jurisdiction of
a preservation commission organized under any of the following:
(b)As used in this section:
(1)"Manufactured home" means a dwelling unit, designed and
built in a factory, which bears a seal certifying that it was built in
compliance with the federal Manufactured Housing Construction
and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.). (2)"Underfloor space" means that space between the bottom of
the floor joists and the earth.
(3)"Occupied space" means the total area of earth horizontally
covered by the structure, excluding accessory structures such as,
but not limited to, garages, patios and porches.
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(a) This section does not affect a
requirement applicable to property that is subject to the jurisdiction of
a preservation commission organized under any of the following:
(1) IC 36-7-11.
(2) IC 36-7-11.1.
(3) IC 36-7-11.2.
(4) IC 36-7-11.3.
(b) As used in this section:
(1) "Manufactured home" means a dwelling unit, designed and
built in a factory, which bears a seal certifying that it was built in
compliance with the federal Manufactured Housing Construction
and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
(2) "Underfloor space" means that space between the bottom of
the floor joists and the earth.
(3) "Occupied space" means the total area of earth horizontally
covered by the structure, excluding accessory structures such as,
but not limited to, garages, patios and porches.
(4) "Permanent foundation system" includes a pier footing
foundation system that is specified as suitable in the
manufacturer's installation specifications for a manufactured
home.
(c) Comprehensive plans and ordinances adopted under the
provisions of this chapter may subject dwelling units and lots to
identical standards and requirements, whether or not the dwelling unit
to be placed on a lot is a manufactured home or some other type of
dwelling unit. These standards and requirements may include but are
not limited to the following:
(1) Setback distance.
(2) Side and rear yard area.
(3) Vehicle parking space and parking enclosures.
(4) Minimum square footage of the dwelling unit.
(5) Underfloor space enclosure requirements.
(6) Aesthetics. However, aesthetic standards and requirements
pertaining to the home structure itself which are adopted under
this section may only pertain to the following:
(A) Roofing materials and siding.
(B) Roof pitch.
(C) Permanent foundation systems of manufactured homes that
are located outside of a mobile home community licensed under
IC 16-41-27. A unit may require compatibility of a permanent
foundation system with surrounding residential structures.
However, the unit may not require:
(i) a permanent foundation system that is incompatible with
the structural design of the manufactured home; or
(ii) more than one (1) permanent foundation system for a
manufactured home.
(d) METRO. Standards and requirements, specified in
comprehensive plans and ordinances, adopted under this section for
lots and dwelling units may not categorically preclude all manufactured
homes that meet the requirements described in subsection (c) and
exceed:
(1) twenty-three (23) feet in width; and
(2) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which any
other type of dwelling unit may be placed.
(e) ADVISORY─AREA. This subsection applies only to lots and
dwelling units that are within a city or town's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units may not preclude manufactured homes that meet the requirements
described in subsection (c) and exceed nine hundred fifty (950) square
feet of occupied space from being installed as permanent residences on
any lot on which any other type of dwelling unit may be placed.
(f) ADVISORY─AREA. This subsection applies only to lots and
dwelling units that are within a county's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units are subject to the following:
(1) Except as provided in subdivision (2), the standards and
requirements may preclude manufactured homes that meet the
requirements described in subsection (c) and exceed:
(A) twelve (12) feet in width; and
(B) five hundred (500) square feet of occupied space;
from being installed as permanent residences on any lot on which
any other type of dwelling unit may be placed.
(2) The standards and requirements may not preclude
manufactured homes that meet the requirements described in
subsection (c) and exceed:
(A) twenty-three (23) feet in width; and
(B) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which
any other type of dwelling unit may be placed.
As added by Acts 1981, P.L.312, SEC.1. Amended by Acts
1982, P.L.33, SEC.32; P.L.168-2020, SEC.20; P.L.137-2023, SEC.16;
P.L.155-2024, SEC.2; P.L.175-2025, SEC.3.