Section 36-7-2-12 - Regulations regulating size or age of mobile home, manufactured home, or industrialized residential structure prohibited(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:(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.
Amended by P.L. 9-2024,SEC. 546, eff. 7/1/2024.Amended by P.L. 137-2023,SEC. 13, eff. 7/1/2023.Amended by P.L. 53-2022,SEC. 3, eff. 3/10/2022.Added by P.L. 168-2020,SEC. 19, eff. 2/17/2021.