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Indiana Code Title 36. Local Government § 36-7-2-12

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 12. (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.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-2-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-2-12/

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