Indiana § 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

§ 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

Sec. 1019. (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.