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

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

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.

As added by P.L.168-2020, SEC.19. Amended by P.L.53-2022, SEC.3; P.L.137-2023, SEC.13; P.L.9-2024, SEC.546.