Sec. 8. (a) A residential facility for individuals with a developmental disability:
(1) for not more than eight (8) individuals with a developmental disability; and
(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.
(b) A zoning ordinance may only require a residential facility described in subsection (a) to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(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.
Structure Indiana Code
Article 28. Miscellaneous Provisions Concerning Mental Illness and Developmental Disabilities
Chapter 4. Residential Facilities for Individuals With a Developmental Disability or Mental Illness
12-28-4-1. Application of Chapter
12-28-4-2. Planning Authority Defined
12-28-4-6. Staffing Limitations; Memorandum of Agreement
12-28-4-7. Zoning Ordinances; Residential Facilities for Individuals With a Mental Illness
12-28-4-8. Zoning Ordinances; Residential Facilities for Individuals With a Developmental Disability