*EH1320.1*
February 27, 2024
ENGROSSED
HOUSE BILL No. 1320
_____
DIGEST OF HB 1320 (Updated February 22, 2024 12:05 pm - DI 87)
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.
Provides that a mobile home, manufactured home, or industrialized
residential structure on private property constituting a legal,
nonconforming use, may not be replaced with a mobile home,
manufactured home, or industrialized residential structure that is older
or smaller than the legal, nonconforming structure being replaced.
Makes certain changes to local planning and zoning standards and
requirements relating to manufactured homes.
Effective: July 1, 2024.
Zimmerman, Meltzer, Miller D
(SENATE SPONSOR — DORIOT)
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.
January 30, 2024, engrossed. Read third time, passed. Yeas 92, nays 0.
SENATE ACTION
February 7, 2024, read first time and referred to Committee on Local Government.
February 26, 2024, amended, reported favorably — Do Pass.
EH 1320—LS 6839/DI 137 February 27, 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.
ENGROSSED
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,
EH 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. Any mobile home, manufactured home, or
41 industrialized residential structure on private property, which
42 constitutes a legal, nonconforming use, may not be replaced with
EH 1320—LS 6839/DI 137 3
1 a mobile home, manufactured home, or industrialized residential
2 structure that is older or smaller than the legal, nonconforming
3 structure being replaced.
4 (e) A government body may not regulate or restrict the ability of a:
5 (1) mobile home community:
6 (A) owner; or
7 (B) manager; or
8 (2) manufactured home community:
9 (A) owner; or
10 (B) manager;
11 to obtain a dealer's license or to sell a mobile home, manufactured
12 home, or industrialized residential structure located within the owner's
13 or manager's mobile home community or manufactured housing
14 community.
15 (f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
16 and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after
17 March 14, 2022:
18 (1) a unit may not:
19 (A) adopt or impose a regulation that violates, or that includes
20 a provision that violates, subsection (d);
21 (B) amend a regulation so that the regulation, after its
22 amendment, includes a provision that violates subsection (d),
23 regardless of when the regulation was originally adopted or
24 imposed; or
25 (C) enforce a provision in a regulation adopted or imposed by
26 the unit if the provision violates subsection (d), regardless of
27 when the regulation or provision was originally adopted or
28 imposed; and
29 (2) any provision that:
30 (A) is included in a regulation adopted or imposed by a unit;
31 and
32 (B) violates subsection (d);
33 is void and unenforceable regardless of when the regulation or
34 provision was originally adopted or imposed.
35 SECTION 2. IC 36-7-4-1106, AS AMENDED BY P.L.137-2023,
36 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 1106. (a) This section does not affect a
38 requirement applicable to property that is subject to the jurisdiction of
39 a preservation commission organized under any of the following:
40 (1) IC 36-7-11.
41 (2) IC 36-7-11.1.
42 (3) IC 36-7-11.2.
EH 1320—LS 6839/DI 137 4
1 (4) IC 36-7-11.3.
2 (b) As used in this section:
3 (1) "Manufactured home" means a dwelling unit, designed and
4 built in a factory, which bears a seal certifying that it was built in
5 compliance with the federal Manufactured Housing Construction
6 and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
7 (2) "Underfloor space" means that space between the bottom of
8 the floor joists and the earth.
9 (3) "Occupied space" means the total area of earth horizontally
10 covered by the structure, excluding accessory structures such as,
11 but not limited to, garages, patios and porches.
12 (4) "Permanent foundation system" includes a pier footing
13 foundation system that is specified as suitable in the
14 manufacturer's installation specifications for a manufactured
15 home.
16 (c) Comprehensive plans and ordinances adopted under the
17 provisions of this chapter may subject dwelling units and lots to
18 identical standards and requirements, whether or not the dwelling unit
19 to be placed on a lot is a manufactured home or some other type of
20 dwelling unit. These standards and requirements may include but are
21 not limited to the following:
22 (1) Setback distance.
23 (2) Side and rear yard area.
24 (3) Vehicle parking space and parking enclosures.
25 (4) Minimum square footage of the dwelling unit.
26 (5) Underfloor space enclosure requirements.
27 (6) Aesthetics. However, aesthetic standards and requirements
28 pertaining to the home structure itself which are adopted under
29 this section may only pertain to the following:
30 (A) Roofing materials and siding. materials.
31 (B) Roof pitch.
32 (B) (C) Permanent foundation systems of manufactured homes
33 that are located outside of a mobile home community licensed
34 under IC 16-41-27. A unit may require compatibility of a
35 permanent foundation system with surrounding residential
36 structures. However, the unit may not require:
37 (i) a permanent foundation system that is incompatible with
38 the structural design of the manufactured home; or
39 (ii) more than one (1) permanent foundation system for a
40 manufactured home.
41 (d) METRO. Standards and requirements, specified in
42 comprehensive plans and ordinances, adopted under this section for
EH 1320—LS 6839/DI 137 5
1 lots and dwelling units may not preclude all manufactured homes that
2 meet the requirements described in subsection (c) and exceed:
3 (1) twenty-three (23) feet in width; and
4 (2) nine hundred fifty (950) square feet of occupied space;
5 from being installed as permanent residences on any lot on which any
6 other type of dwelling unit may be placed.
7 (e) ADVISORY)AREA. This subsection applies only to lots and
8 dwelling units that are within a city or town's planning and zoning
9 jurisdiction. Standards and requirements, specified in comprehensive
10 plans and ordinances, adopted under this section for lots and dwelling
11 units may not preclude manufactured homes that meet the
12 requirements described in subsection (c) and exceed nine hundred
13 fifty (950) square feet of occupied space from being installed as
14 permanent residences on any lot on which any other type of dwelling
15 unit may be placed.
16 (f) ADVISORY)AREA. This subsection applies only to lots and
17 dwelling units that are within a county's planning and zoning
18 jurisdiction. Standards and requirements, specified in comprehensive
19 plans and ordinances, adopted under this section for lots and dwelling
20 units may not preclude manufactured homes that meet the
21 requirements described in subsection (c) and exceed:
22 (1) twenty-three (23) feet in width; and
23 (2) nine hundred fifty (950) square feet of occupied space;
24 from being installed as permanent residences on any lot on which any
25 other type of dwelling unit may be placed.
26 SECTION 3. IC 36-7-9-2, AS AMENDED BY P.L.66-2014,
27 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 2. As used in this chapter:
29 "Building or structure" means anything constructed or erected:
30 (1) with a roof supported by columns or walls;
31 (2) to serve as a shelter or enclosure; or
32 (3) the use of which requires location on or attachment to the
33 ground.
34 The term includes a manufactured home (as defined in
35 IC 22-12-1-16) and a mobile home (as defined in IC 16-41-27-4).
36 "Community organization" means a citizen's group, neighborhood
37 association, neighborhood development corporation, or similar
38 organization that:
39 (1) has specific geographic boundaries defined in its bylaws or
40 articles of incorporation and contains at least forty (40)
41 households within those boundaries;
42 (2) is a nonprofit corporation that is representative of at least
EH 1320—LS 6839/DI 137 6
1 twenty-five (25) households or twenty percent (20%) of the
2 households in the community, whichever is less;
3 (3) is operated primarily for the promotion of social welfare and
4 general neighborhood improvement and enhancement;
5 (4) has been incorporated for at least two (2) years; and
6 (5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
7 of the Internal Revenue Code.
8 "Continuous enforcement order" means an order that:
9 (1) is issued for compliance or abatement and that remains in full
10 force and effect on a property without further requirements to
11 seek additional:
12 (A) compliance and abatement authority; or
13 (B) orders for the same or similar violations;
14 (2) authorizes specific ongoing compliance and enforcement
15 activities if a property requires reinspection or additional periodic
16 abatement;
17 (3) can be enforced, including assessment of fees and costs,
18 without the need for additional notice or hearing; and
19 (4) authorizes the enforcement authority to assess and collect
20 ongoing costs for continuous enforcement order activities from
21 any party that is subject to the enforcement authority's order.
22 "Department" refers to the executive department authorized by
23 ordinance to administer this chapter. In a consolidated city, this
24 department is the department of code enforcement subject to
25 IC 36-3-4-23.
26 "Enforcement authority" refers to the chief administrative officer of
27 the department, except in a consolidated city. In a consolidated city, the
28 division of development services is the enforcement authority, subject
29 to IC 36-3-4-23.
30 "Hearing authority" refers to a person or persons designated as such
31 by the executive of a city or county, or by the legislative body of a
32 town. However, in a consolidated city, the director of the department
33 or a person designated by the director is the hearing authority. An
34 employee of the enforcement authority may not be designated as the
35 hearing authority.
36 "Known or recorded fee interest, life estate interest, or equitable
37 interest of a contract purchaser" means any fee interest, life estate
38 interest, or equitable interest of a contract purchaser of a contract or
39 a known certificate of title that is held by a person whose identity and
40 address may be determined from:
41 (1) an instrument recorded in the recorder's office of the county
42 where the unsafe premises is located;
EH 1320—LS 6839/DI 137 7
1 (2) written information or actual knowledge received by the
2 department (or, in the case of a consolidated city, the enforcement
3 authority); or
4 (3) a review of department (or, in the case of a consolidated city,
5 the enforcement authority) records that is sufficient to identify
6 information that is reasonably ascertainable; or
7 (4) a request for certified records from the bureau of motor
8 vehicles.
9 "Known or recorded substantial property interest" means any right
10 in real property, including a fee interest, a life estate interest, a future
11 interest, a mortgage interest, a lien as evidenced by a certificate of sale
12 issued under IC 6-1.1-24, or an equitable interest of a contract
13 purchaser, that:
14 (1) may be affected in a substantial way by actions authorized by
15 this chapter; and
16 (2) is held by a person whose identity and address may be
17 determined from:
18 (A) an instrument recorded in:
19 (i) the recorder's office of the county where the unsafe
20 premises is located; or
21 (ii) the office of the county auditor of the county where the
22 unsafe premises are located in the case of a lien evidenced
23 by a certificate of sale issued under IC 6-1.1-24;
24 (B) written information or actual knowledge received by the
25 department (or, in the case of a consolidated city, the
26 enforcement authority); or
27 (C) a review of department (or, in the case of a consolidated
28 city, the enforcement authority) records that is sufficient to
29 identify information that is reasonably ascertainable; or
30 (D) a request for certified records from the bureau of
31 motor vehicles.
32 "Substantial property interest" means any right in personal
33 property or real property that may be affected in a substantial way by
34 actions authorized by this chapter, including a fee interest, a life estate
35 interest, a future interest, a mortgage interest, or an equitable interest
36 of a contract purchaser.
37 SECTION 4. IC 36-7-9-11, AS AMENDED BY P.L.169-2006,
38 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 11. (a) The work required by an order of the
40 enforcement authority may be performed in the following manner:
41 (1) If the work is being performed under an order other than an
42 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
EH 1320—LS 6839/DI 137 8
1 if the cost of this work is estimated to be less than ten thousand
2 dollars ($10,000), twenty-five thousand dollars ($25,000), the
3 department, acting through the unit's enforcement authority or
4 other agent, may perform the work by means of the unit's own
5 workers and equipment owned or leased by the unit. Notice that
6 this work is to be performed must be given to all persons with a
7 known or recorded substantial property interest, in the manner
8 prescribed in subsection (c), at least ten (10) days before the date
9 of performance of the work by the enforcement authority. This
10 notice must include a statement that an amount representing a
11 reasonable estimate of the cost incurred by the enforcement
12 authority in processing the matter and performing the work may,
13 if not paid, be recorded after a hearing as a lien against all persons
14 having a fee interest, life estate interest, or equitable interest of a
15 contract purchaser in the unsafe premises.
16 (2) If the work is being performed under an order other than an
17 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
18 if the estimated cost of this work is ten thousand dollars ($10,000)
19 twenty-five thousand dollars ($25,000) or more, this work must
20 be let at public bid to a contractor licensed and qualified under
21 law. The obligation to pay costs imposed by section 12 of this
22 chapter is based on the condition of the unsafe premises at the
23 time the public bid was accepted. Changes occurring in the
24 condition of the unsafe premises after the public bid was accepted
25 do not eliminate or diminish this obligation.
26 (3) If the work is being performed under an order issued under
27 section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
28 be performed by a contractor who has been awarded a base bid
29 contract to perform the work for the enforcement authority, or by
30 the department, acting through the unit's enforcement authority or
31 other governmental agency and using the unit's own workers and
32 equipment owned or leased by the unit. Work performed under an
33 order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
34 chapter may be performed without further notice to the persons
35 holding a fee interest, life estate interest, or equitable interest of
36 a contract purchaser, and these persons are liable for the costs
37 incurred by the enforcement authority in processing the matter
38 and performing the work, as provided by section 12 of this
39 chapter.
40 (b) Bids may be solicited and accepted for work on more than one
41 (1) property if the bid reflects an allocation of the bid amount among
42 the various unsafe premises in proportion to the work to be
EH 1320—LS 6839/DI 137 9
1 accomplished. The part of the bid amount attributable to each of the
2 unsafe premises constitutes the basis for calculating the part of the
3 costs described by section 12(a)(1) of this chapter.
4 (c) All persons who have a known or recorded substantial property
5 interest in the unsafe premises and are subject to an order other than an
6 order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be
7 notified about the public bid in the manner prescribed by section 25 of
8 this chapter, by means of a written statement including:
9 (1) the name of the person to whom the order was issued;
10 (2) a legal description or address of the unsafe premises that are
11 the subject of the order;
12 (3) a statement that a contract is to be let at public bid to a
13 licensed contractor to accomplish work to comply with the order;
14 (4) a description of work to be accomplished;
15 (5) a statement that both the bid price of the licensed contractor
16 who accomplishes the work and an amount representing a
17 reasonable estimate of the cost incurred by the enforcement
18 authority in processing the matter of the unsafe premises may, if
19 not paid, be recorded after a hearing as a lien against all persons
20 having a fee interest, life estate interest, or equitable interest of a
21 contract purchaser in the unsafe premises;
22 (6) the time of the bid opening;
23 (7) the place of the bid opening; and
24 (8) the name, address, and telephone number of the enforcement
25 authority.
26 (d) If the notice of the statement that public bids are to be let is
27 served by publication, the publication must include the information
28 required by subsection (c), except that it need only include a general
29 description of the work to be accomplished. The publication must also
30 state that a copy of the statement of public bid may be obtained from
31 the enforcement authority.
32 (e) Notice of the statement that public bids are to be let must be
33 given, at least ten (10) days before the date of the public bid, to all
34 persons who have a known or recorded substantial property interest in
35 the property and are subject to an order other than an order under
36 section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
37 (f) If action is being taken under this section on the basis of an order
38 that was served by publication, it is sufficient to serve the statement
39 that public bids are to be let by publication, unless the enforcement
40 authority has received information in writing that enables the unit to
41 make service under section 25 of this chapter by a method other than
42 publication.
EH 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
EH 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
EH 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.
EH 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
EH 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
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Local Government, to
which was referred House Bill No. 1320, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 2, line 40, delete "use." and insert "use. Any mobile home,
manufactured home, or industrialized residential structure on
private property, which constitutes a legal, nonconforming use,
may not be replaced with a mobile home, manufactured home, or
industrialized residential structure that is older or smaller than the
legal, nonconforming structure being replaced.".
Page 5, line 24, delete "anything:" and insert "anything constructed
or erected:
(1) with a roof supported by columns or walls;".
Page 5, delete lines 25 through 26.
Page 6, line 34, strike "contract".
Page 6, line 34, after "purchaser" insert "of a contract or a known
certificate of title that is".
Page 6, line 40, strike "or".
Page 7, line 1, delete "ascertainable." and insert "ascertainable; or
EH 1320—LS 6839/DI 137 15
(4) a request for certified records from the bureau of motor
vehicles.".
Page 7, line 19, strike "or".
Page 7, line 22, delete "ascertainable." and insert "ascertainable; or
(D) a request for certified records from the bureau of
motor vehicles.".
Page 7, line 23, delete "real" and insert "personal property or real".
and when so amended that said bill do pass.
(Reference is to HB 1320 as reprinted January 30, 2024.)
BUCK, Chairperson
Committee Vote: Yeas 10, Nays 0.
EH 1320—LS 6839/DI 137