Ind. Code § 12-28-4-8

Zoning ordinances; residential facilities for individuals with a developmental disability

As added by P.L.2-1992, SEC.22. Amended by P.L.272-1999, SEC.48; P.L.99-2007, SEC.142.
  1. (a) A residential facility for individuals with a developmental disability:

    1. (1) for not more than eight (8) individuals with a developmental disability; and
    2. (2) established under a program authorized by IC 12-11-1.1-1 (e)(1) or IC 12-11-1.1-1 (e)(2);

      is a permitted residential use that may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22 ) in a zoning district or classification that permits residential use.

  2. (b) A zoning ordinance may only require a residential facility described in subsection (a) to meet the same:

    1. (1) zoning requirements;
    2. (2) developmental standards; and
    3. (3) building codes;

      as other residential structures or improvements in the same residential zoning district or classification.

      [Pre-1992 Revision Citation: 4-28-21-7.]

As added by P.L.2-1992, SEC.22. Amended by P.L.272-1999, SEC.48; P.L.99-2007, SEC.142.

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