*HB1320.2*
Reprinted
January 30, 2024
HOUSE BILL No. 1320
_____
DIGEST OF HB 1320 (Updated January 29, 2024 4:56 pm - DI 116)
Citations Affected: IC 16-41; IC 36-7.
Synopsis: Building regulation. Defines, for purposes of the unsafe
building law, a "building or structure". Increases from $10,000 to
$25,000 the estimated cost of work required by an order of a unit's
enforcement authority which the unit's enforcement authority may
perform using its own workers and equipment. Provides, with certain
exceptions, that a governmental body may not regulate or restrict, by
regulation or otherwise, the continued residential use of a mobile home,
a manufactured home, or an industrialized residential within a mobile
home community based on certain characteristics of the structure.
Makes certain changes to local planning and zoning standards and
requirements relating to manufactured homes.
Effective: July 1, 2024.
Zimmerman, Meltzer
January 10, 2024, read first time and referred to Committee on Local Government.
January 23, 2024, reported — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
HB 1320—LS 6839/DI 137 Reprinted
January 30, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1320
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.137-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 32. (a) As used in this section, "regulation" refers
4 to any:
5 (1) ordinance, including any:
6 (A) zoning or land use ordinance; or
7 (B) general or specific planning ordinance;
8 (2) regulation, including any:
9 (A) zoning or land use regulation; or
10 (B) general or specific planning regulation;
11 (3) requirement; or
12 (4) restriction;
13 that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
14 (b) A governmental body other than the state department may not
15 license or regulate mobile home communities, except for the following:
16 (1) Local boards may enforce the standards of health and
17 sanitation prescribed for mobile homes, manufactured homes,
HB 1320—LS 6839/DI 137 2
1 industrialized residential structures, and mobile home
2 communities by the state department.
3 (2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
4 subsections (d) and (f), county and municipal authorities within
5 their respective jurisdictions have jurisdiction regarding zoning
6 and building codes and ordinances pertaining to mobile home
7 communities.
8 (3) Local boards may regulate the construction and operation of
9 groups of a combined total of not more than four (4) mobile
10 homes, manufactured homes, and industrialized residential
11 structures in accordance with standards that are compatible with
12 standards set by the state department for mobile home
13 communities.
14 (c) A governmental body other than the state department may not
15 regulate mobile homes, manufactured homes, or industrialized
16 residential structures regarding habitability or minimum housing
17 conditions unless the regulation is applicable in the same manner to
18 other forms of residential housing in the jurisdiction.
19 (d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e),
20 and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a
21 governmental body may not regulate or restrict, by regulation or
22 otherwise, the installation, continued residential use, occupancy,
23 movement, renovation, relocation, or replacement of a mobile home,
24 a manufactured home, or an industrialized residential structure within
25 a mobile home community based upon the age or size of the mobile
26 home, manufactured home, or industrialized residential structure or
27 other private property based upon the age of the mobile home,
28 manufactured home, or industrialized residential structure regardless
29 of whether:
30 (1) the mobile home, manufactured home, or industrialized
31 residential structure;
32 (2) the lot or site, or any part of the lot or site, on which the
33 mobile home, manufactured home, or industrialized residential
34 structure is located or installed, or will be located or installed; or
(3) the mobile home community 35 or other private property, in
36 whole or in part, in which the mobile home, manufactured home,
37 or industrialized residential structure is located or installed, or
38 will be located or installed;
39 constitutes a conforming structure or use, or a legal, nonconforming
40 structure or use.
41 (e) A government body may not regulate or restrict the ability of a:
42 (1) mobile home community:
HB 1320—LS 6839/DI 137 3
1 (A) owner; or
2 (B) manager; or
3 (2) manufactured home community:
4 (A) owner; or
5 (B) manager;
6 to obtain a dealer's license or to sell a mobile home, manufactured
7 home, or industrialized residential structure located within the owner's
8 or manager's mobile home community or manufactured housing
9 community.
10 (f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
11 and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after
12 March 14, 2022:
13 (1) a unit may not:
14 (A) adopt or impose a regulation that violates, or that includes
15 a provision that violates, subsection (d);
16 (B) amend a regulation so that the regulation, after its
17 amendment, includes a provision that violates subsection (d),
18 regardless of when the regulation was originally adopted or
19 imposed; or
20 (C) enforce a provision in a regulation adopted or imposed by
21 the unit if the provision violates subsection (d), regardless of
22 when the regulation or provision was originally adopted or
23 imposed; and
24 (2) any provision that:
25 (A) is included in a regulation adopted or imposed by a unit;
26 and
27 (B) violates subsection (d);
28 is void and unenforceable regardless of when the regulation or
29 provision was originally adopted or imposed.
30 SECTION 2. IC 36-7-4-1106, AS AMENDED BY P.L.137-2023,
31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 1106. (a) This section does not affect a
33 requirement applicable to property that is subject to the jurisdiction of
34 a preservation commission organized under any of the following:
35 (1) IC 36-7-11.
36 (2) IC 36-7-11.1.
37 (3) IC 36-7-11.2.
38 (4) IC 36-7-11.3.
39 (b) As used in this section:
40 (1) "Manufactured home" means a dwelling unit, designed and
41 built in a factory, which bears a seal certifying that it was built in
42 compliance with the federal Manufactured Housing Construction
HB 1320—LS 6839/DI 137 4
1 and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
2 (2) "Underfloor space" means that space between the bottom of
3 the floor joists and the earth.
4 (3) "Occupied space" means the total area of earth horizontally
5 covered by the structure, excluding accessory structures such as,
6 but not limited to, garages, patios and porches.
7 (4) "Permanent foundation system" includes a pier footing
8 foundation system that is specified as suitable in the
9 manufacturer's installation specifications for a manufactured
10 home.
11 (c) Comprehensive plans and ordinances adopted under the
12 provisions of this chapter may subject dwelling units and lots to
13 identical standards and requirements, whether or not the dwelling unit
14 to be placed on a lot is a manufactured home or some other type of
15 dwelling unit. These standards and requirements may include but are
16 not limited to the following:
17 (1) Setback distance.
18 (2) Side and rear yard area.
19 (3) Vehicle parking space and parking enclosures.
20 (4) Minimum square footage of the dwelling unit.
21 (5) Underfloor space enclosure requirements.
22 (6) Aesthetics. However, aesthetic standards and requirements
23 pertaining to the home structure itself which are adopted under
24 this section may only pertain to the following:
25 (A) Roofing materials and siding. materials.
26 (B) Roof pitch.
27 (B) (C) Permanent foundation systems of manufactured homes
28 that are located outside of a mobile home community licensed
29 under IC 16-41-27. A unit may require compatibility of a
30 permanent foundation system with surrounding residential
31 structures. However, the unit may not require:
32 (i) a permanent foundation system that is incompatible with
33 the structural design of the manufactured home; or
34 (ii) more than one (1) permanent foundation system for a
35 manufactured home.
36 (d) METRO. Standards and requirements, specified in
37 comprehensive plans and ordinances, adopted under this section for
38 lots and dwelling units may not preclude all manufactured homes that
39 meet the requirements described in subsection (c) and exceed:
40 (1) twenty-three (23) feet in width; and
41 (2) nine hundred fifty (950) square feet of occupied space;
42 from being installed as permanent residences on any lot on which any
HB 1320—LS 6839/DI 137 5
1 other type of dwelling unit may be placed.
2 (e) ADVISORY)AREA. This subsection applies only to lots and
3 dwelling units that are within a city or town's planning and zoning
4 jurisdiction. Standards and requirements, specified in comprehensive
5 plans and ordinances, adopted under this section for lots and dwelling
6 units may not preclude manufactured homes that meet the
7 requirements described in subsection (c) and exceed nine hundred
8 fifty (950) square feet of occupied space from being installed as
9 permanent residences on any lot on which any other type of dwelling
10 unit may be placed.
11 (f) ADVISORY)AREA. This subsection applies only to lots and
12 dwelling units that are within a county's planning and zoning
13 jurisdiction. Standards and requirements, specified in comprehensive
14 plans and ordinances, adopted under this section for lots and dwelling
15 units may not preclude manufactured homes that meet the
16 requirements described in subsection (c) and exceed:
17 (1) twenty-three (23) feet in width; and
18 (2) nine hundred fifty (950) square feet of occupied space;
19 from being installed as permanent residences on any lot on which any
20 other type of dwelling unit may be placed.
21 SECTION 3. IC 36-7-9-2, AS AMENDED BY P.L.66-2014,
22 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 2. As used in this chapter:
24 "Building or structure" means anything:
25 (1) constructed or erected with a roof supported by columns
26 or walls;
27 (2) to serve as a shelter or enclosure; or
28 (3) the use of which requires location on or attachment to the
29 ground.
30 The term includes a manufactured home (as defined in
31 IC 22-12-1-16) and a mobile home (as defined in IC 16-41-27-4).
32 "Community organization" means a citizen's group, neighborhood
33 association, neighborhood development corporation, or similar
34 organization that:
35 (1) has specific geographic boundaries defined in its bylaws or
36 articles of incorporation and contains at least forty (40)
37 households within those boundaries;
38 (2) is a nonprofit corporation that is representative of at least
39 twenty-five (25) households or twenty percent (20%) of the
40 households in the community, whichever is less;
41 (3) is operated primarily for the promotion of social welfare and
42 general neighborhood improvement and enhancement;
HB 1320—LS 6839/DI 137 6
1 (4) has been incorporated for at least two (2) years; and
2 (5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
3 of the Internal Revenue Code.
4 "Continuous enforcement order" means an order that:
5 (1) is issued for compliance or abatement and that remains in full
6 force and effect on a property without further requirements to
7 seek additional:
8 (A) compliance and abatement authority; or
9 (B) orders for the same or similar violations;
10 (2) authorizes specific ongoing compliance and enforcement
11 activities if a property requires reinspection or additional periodic
12 abatement;
13 (3) can be enforced, including assessment of fees and costs,
14 without the need for additional notice or hearing; and
15 (4) authorizes the enforcement authority to assess and collect
16 ongoing costs for continuous enforcement order activities from
17 any party that is subject to the enforcement authority's order.
18 "Department" refers to the executive department authorized by
19 ordinance to administer this chapter. In a consolidated city, this
20 department is the department of code enforcement subject to
21 IC 36-3-4-23.
22 "Enforcement authority" refers to the chief administrative officer of
23 the department, except in a consolidated city. In a consolidated city, the
24 division of development services is the enforcement authority, subject
25 to IC 36-3-4-23.
26 "Hearing authority" refers to a person or persons designated as such
27 by the executive of a city or county, or by the legislative body of a
28 town. However, in a consolidated city, the director of the department
29 or a person designated by the director is the hearing authority. An
30 employee of the enforcement authority may not be designated as the
31 hearing authority.
32 "Known or recorded fee interest, life estate interest, or equitable
33 interest of a contract purchaser" means any fee interest, life estate
34 interest, or equitable interest of a contract purchaser held by a person
35 whose identity and address may be determined from:
36 (1) an instrument recorded in the recorder's office of the county
37 where the unsafe premises is located;
38 (2) written information or actual knowledge received by the
39 department (or, in the case of a consolidated city, the enforcement
40 authority); or
41 (3) a review of department (or, in the case of a consolidated city,
42 the enforcement authority) records that is sufficient to identify
HB 1320—LS 6839/DI 137 7
1 information that is reasonably ascertainable.
2 "Known or recorded substantial property interest" means any right
3 in real property, including a fee interest, a life estate interest, a future
4 interest, a mortgage interest, a lien as evidenced by a certificate of sale
5 issued under IC 6-1.1-24, or an equitable interest of a contract
6 purchaser, that:
7 (1) may be affected in a substantial way by actions authorized by
8 this chapter; and
9 (2) is held by a person whose identity and address may be
10 determined from:
11 (A) an instrument recorded in:
12 (i) the recorder's office of the county where the unsafe
13 premises is located; or
14 (ii) the office of the county auditor of the county where the
15 unsafe premises are located in the case of a lien evidenced
16 by a certificate of sale issued under IC 6-1.1-24;
17 (B) written information or actual knowledge received by the
18 department (or, in the case of a consolidated city, the
19 enforcement authority); or
20 (C) a review of department (or, in the case of a consolidated
21 city, the enforcement authority) records that is sufficient to
22 identify information that is reasonably ascertainable.
23 "Substantial property interest" means any right in real property that
24 may be affected in a substantial way by actions authorized by this
25 chapter, including a fee interest, a life estate interest, a future interest,
26 a mortgage interest, or an equitable interest of a contract purchaser.
27 SECTION 4. IC 36-7-9-11, AS AMENDED BY P.L.169-2006,
28 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 11. (a) The work required by an order of the
30 enforcement authority may be performed in the following manner:
31 (1) If the work is being performed under an order other than an
32 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
33 if the cost of this work is estimated to be less than ten thousand
34 dollars ($10,000), twenty-five thousand dollars ($25,000), the
35 department, acting through the unit's enforcement authority or
36 other agent, may perform the work by means of the unit's own
37 workers and equipment owned or leased by the unit. Notice that
38 this work is to be performed must be given to all persons with a
39 known or recorded substantial property interest, in the manner
40 prescribed in subsection (c), at least ten (10) days before the date
41 of performance of the work by the enforcement authority. This
42 notice must include a statement that an amount representing a
HB 1320—LS 6839/DI 137 8
1 reasonable estimate of the cost incurred by the enforcement
2 authority in processing the matter and performing the work may,
3 if not paid, be recorded after a hearing as a lien against all persons
4 having a fee interest, life estate interest, or equitable interest of a
5 contract purchaser in the unsafe premises.
6 (2) If the work is being performed under an order other than an
7 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
8 if the estimated cost of this work is ten thousand dollars ($10,000)
9 twenty-five thousand dollars ($25,000) or more, this work must
10 be let at public bid to a contractor licensed and qualified under
11 law. The obligation to pay costs imposed by section 12 of this
12 chapter is based on the condition of the unsafe premises at the
13 time the public bid was accepted. Changes occurring in the
14 condition of the unsafe premises after the public bid was accepted
15 do not eliminate or diminish this obligation.
16 (3) If the work is being performed under an order issued under
17 section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
18 be performed by a contractor who has been awarded a base bid
19 contract to perform the work for the enforcement authority, or by
20 the department, acting through the unit's enforcement authority or
21 other governmental agency and using the unit's own workers and
22 equipment owned or leased by the unit. Work performed under an
23 order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
24 chapter may be performed without further notice to the persons
25 holding a fee interest, life estate interest, or equitable interest of
26 a contract purchaser, and these persons are liable for the costs
27 incurred by the enforcement authority in processing the matter
28 and performing the work, as provided by section 12 of this
29 chapter.
30 (b) Bids may be solicited and accepted for work on more than one
31 (1) property if the bid reflects an allocation of the bid amount among
32 the various unsafe premises in proportion to the work to be
33 accomplished. The part of the bid amount attributable to each of the
34 unsafe premises constitutes the basis for calculating the part of the
35 costs described by section 12(a)(1) of this chapter.
36 (c) All persons who have a known or recorded substantial property
37 interest in the unsafe premises and are subject to an order other than an
38 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be
39 notified about the public bid in the manner prescribed by section 25 of
40 this chapter, by means of a written statement including:
41 (1) the name of the person to whom the order was issued;
42 (2) a legal description or address of the unsafe premises that are
HB 1320—LS 6839/DI 137 9
1 the subject of the order;
2 (3) a statement that a contract is to be let at public bid to a
3 licensed contractor to accomplish work to comply with the order;
4 (4) a description of work to be accomplished;
5 (5) a statement that both the bid price of the licensed contractor
6 who accomplishes the work and an amount representing a
7 reasonable estimate of the cost incurred by the enforcement
8 authority in processing the matter of the unsafe premises may, if
9 not paid, be recorded after a hearing as a lien against all persons
10 having a fee interest, life estate interest, or equitable interest of a
11 contract purchaser in the unsafe premises;
12 (6) the time of the bid opening;
13 (7) the place of the bid opening; and
14 (8) the name, address, and telephone number of the enforcement
15 authority.
16 (d) If the notice of the statement that public bids are to be let is
17 served by publication, the publication must include the information
18 required by subsection (c), except that it need only include a general
19 description of the work to be accomplished. The publication must also
20 state that a copy of the statement of public bid may be obtained from
21 the enforcement authority.
22 (e) Notice of the statement that public bids are to be let must be
23 given, at least ten (10) days before the date of the public bid, to all
24 persons who have a known or recorded substantial property interest in
25 the property and are subject to an order other than an order under
26 section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
27 (f) If action is being taken under this section on the basis of an order
28 that was served by publication, it is sufficient to serve the statement
29 that public bids are to be let by publication, unless the enforcement
30 authority has received information in writing that enables the unit to
31 make service under section 25 of this chapter by a method other than
32 publication.
HB 1320—LS 6839/DI 137 10
COMMITTEE REPORT
Mr. Speaker: Your Committee on Local Government, to which was
referred House Bill 1320, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1320 as introduced.)
MAY
Committee Vote: Yeas 11, Nays 0
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1320 be amended to read as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.137-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 32. (a) As used in this section, "regulation" refers
to any:
(1) ordinance, including any:
(A) zoning or land use ordinance; or
(B) general or specific planning ordinance;
(2) regulation, including any:
(A) zoning or land use regulation; or
(B) general or specific planning regulation;
(3) requirement; or
(4) restriction;
that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
(b) A governmental body other than the state department may not
license or regulate mobile home communities, except for the following:
(1) Local boards may enforce the standards of health and
sanitation prescribed for mobile homes, manufactured homes,
industrialized residential structures, and mobile home
communities by the state department.
(2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
subsections (d) and (f), county and municipal authorities within
their respective jurisdictions have jurisdiction regarding zoning
and building codes and ordinances pertaining to mobile home
HB 1320—LS 6839/DI 137 11
communities.
(3) Local boards may regulate the construction and operation of
groups of a combined total of not more than four (4) mobile
homes, manufactured homes, and industrialized residential
structures in accordance with standards that are compatible with
standards set by the state department for mobile home
communities.
(c) A governmental body other than the state department may not
regulate mobile homes, manufactured homes, or industrialized
residential structures regarding habitability or minimum housing
conditions unless the regulation is applicable in the same manner to
other forms of residential housing in the jurisdiction.
(d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e),
and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a
governmental body may not regulate or restrict, by regulation or
otherwise, the installation, continued residential use, occupancy,
movement, renovation, relocation, or replacement of a mobile home,
a manufactured home, or an industrialized residential structure within
a mobile home community based upon the age or size of the mobile
home, manufactured home, or industrialized residential structure or
other private property based upon the age of the mobile home,
manufactured home, or industrialized residential structure regardless
of whether:
(1) the mobile home, manufactured home, or industrialized
residential structure;
(2) the lot or site, or any part of the lot or site, on which the
mobile home, manufactured home, or industrialized residential
structure is located or installed, or will be located or installed; or
(3) the mobile home community or other private property, in
whole or in part, in which the mobile home, manufactured home,
or industrialized residential structure is located or installed, or
will be located or installed;
constitutes a conforming structure or use, or a legal, nonconforming
structure or use.
(e) A government body may not regulate or restrict the ability of a:
(1) mobile home community:
(A) owner; or
(B) manager; or
(2) manufactured home community:
(A) owner; or
(B) manager;
to obtain a dealer's license or to sell a mobile home, manufactured
HB 1320—LS 6839/DI 137 12
home, or industrialized residential structure located within the owner's
or manager's mobile home community or manufactured housing
community.
(f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
and IC 36-7-4-1106(f) and 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 (d);
(B) amend a regulation so that the regulation, after its
amendment, includes a provision that violates subsection (d),
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 (d), 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 (d);
is void and unenforceable regardless of when the regulation or
provision was originally adopted or imposed.
SECTION 2. IC 36-7-4-1106, AS AMENDED BY P.L.137-2023,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1106. (a) This section does not affect a
requirement applicable to property that is subject to the jurisdiction of
a preservation commission organized under any of the following:
(1) IC 36-7-11.
(2) IC 36-7-11.1.
(3) IC 36-7-11.2.
(4) IC 36-7-11.3.
(b) As used in this section:
(1) "Manufactured home" means a dwelling unit, designed and
built in a factory, which bears a seal certifying that it was built in
compliance with the federal Manufactured Housing Construction
and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
(2) "Underfloor space" means that space between the bottom of
the floor joists and the earth.
(3) "Occupied space" means the total area of earth horizontally
covered by the structure, excluding accessory structures such as,
but not limited to, garages, patios and porches.
HB 1320—LS 6839/DI 137 13
(4) "Permanent foundation system" includes a pier footing
foundation system that is specified as suitable in the
manufacturer's installation specifications for a manufactured
home.
(c) Comprehensive plans and ordinances adopted under the
provisions of this chapter may subject dwelling units and lots to
identical standards and requirements, whether or not the dwelling unit
to be placed on a lot is a manufactured home or some other type of
dwelling unit. These standards and requirements may include but are
not limited to the following:
(1) Setback distance.
(2) Side and rear yard area.
(3) Vehicle parking space and parking enclosures.
(4) Minimum square footage of the dwelling unit.
(5) Underfloor space enclosure requirements.
(6) Aesthetics. However, aesthetic standards and requirements
pertaining to the home structure itself which are adopted under
this section may only pertain to the following:
(A) Roofing materials and siding. materials.
(B) Roof pitch.
(B) (C) Permanent foundation systems of manufactured homes
that are located outside of a mobile home community licensed
under IC 16-41-27. A unit may require compatibility of a
permanent foundation system with surrounding residential
structures. However, the unit may not require:
(i) a permanent foundation system that is incompatible with
the structural design of the manufactured home; or
(ii) more than one (1) permanent foundation system for a
manufactured home.
(d) METRO. Standards and requirements, specified in
comprehensive plans and ordinances, adopted under this section for
lots and dwelling units may not preclude all manufactured homes that
meet the requirements described in subsection (c) and exceed:
(1) twenty-three (23) feet in width; and
(2) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which any
other type of dwelling unit may be placed.
(e) ADVISORY)AREA. This subsection applies only to lots and
dwelling units that are within a city or town's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units may not preclude manufactured homes that meet the
HB 1320—LS 6839/DI 137 14
requirements described in subsection (c) and exceed nine hundred
fifty (950) square feet of occupied space from being installed as
permanent residences on any lot on which any other type of dwelling
unit may be placed.
(f) ADVISORY)AREA. This subsection applies only to lots and
dwelling units that are within a county's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units may not preclude manufactured homes that meet the
requirements described in subsection (c) and exceed:
(1) twenty-three (23) feet in width; and
(2) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which any
other type of dwelling unit may be placed.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1320 as printed January 23, 2024.)
MILLER D
HB 1320—LS 6839/DI 137