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§ 36-7-2-12 — Indiana Law | CourtGPT
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  2. Laws/
  3. Indiana/
  4. Title 36 - Local Government/
  5. Article 7 - Planning and Development/
  6. Chapter 2 - General Powers Concerning Planning and Development36-7-2-1. Planning and Zoning Powers of Reorganized Units/
  7. § 36-7-2-12
Indiana Legal Code

§ 36-7-2-12

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(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

; 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.