Amending Chapter 21 Regulating Placement & Installation of Manufactured Homes

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Public Law No. 312 (H. 1032. Approved March 27, 1981) AN ACT to amend 1981 IC 36 -7 concerning planning and zoning restrictions for residential housing. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 36 -7 -4, as added by H.E.A. 1002 of the 1981 2 Regular Session of the General Assembly, SECTION 23, is amended 3 by adding a NEW section 1106 to read as follows: Sec. 1106 (a) As 4 used in this section: 5 "Manufactured home" means a dwelling unit, designed and built 6 in a factory, which bears a seal certifying that it was built in 7 compliance with the federal Manufactured Housing Construction 8 and Safety Standards Law ( 42 U.S.C. 5401 et seq.). 9 "Underfloor space" means that space between the bottom of 10 the floor joists and the earth. 11 "Occupied space" means the total area of earth horizontally 12 covered by the structure, excluding accessory structures such as, 13 but not limited to, garages, patios and porches. 14 (b) Comprehensive plans and ordinances adopted under the 15 provisions of this chapter may subject dwelling units and lots to 16 identical standards and requirements, whether or not the dwelling 17 unit to be placed on a lot is a manufactured home or some other 18 type of dwelling unit. These standards and requirements may 19 include, but are not limited to: 20 (1) setback distance; 21 (2) side and rear yard area; 22 (3) vehicle parking space; 23 (4) minimum square footage of the dwelling unit; and 24 (5) underfloor space enclosure requirements. 25 However, aesthetic standards and requirements pertaining to the 26 home structure itself which are adopted under this section may 27 only pertain to roofing and siding materials. 28 (c) METRO. Standards and requirements, specified in 29 comprehensive plans and ordinances, adopted under this section for 30 lots and dwelling units may not totally preclude all manufactured 31 homes constructed after January 1, 1981, and that exceed twenty - 32 three (23) feet in width and nine hundred fifty (950) square feet of 33 occupied space, from being installed as permanent residences on 34 any lot on which ady other type of dwelling unit may be placed. 35 (d) ADVISORY -- AREA. Standards and requirements, 36 specified in comprehensive plans and ordinances, adopted under this 37 section for lots and dwelling units may not totally preclude all 38 manufactured homes constructed after January 1, 1981, and that 39 exceed nine hundred fifty (950) square feet of occupied space, from 40 being installed as permanent residences on any lot on which any 41 other type of dwelling unit may be placed. 42 SECTION 2. This act takes effect July 1, 1982.