2017 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 4. Local Planning and Zoning
36-7-4-1107. Children's home
Sec. 1107. (a) This section applies to a children's home providing residential care for eleven (11) or more children that is operating in a residential area on January 1, 1992.
(b) As used in this section, "children's home" has the meaning set forth in IC 12-7-2-29(1).
(c) A zoning ordinance may not prevent improvements to a children's home on the grounds that:
(1) the children's home is a business; or
(2) the persons residing in the children's home are not related.
(d) Except as provided in subsection (c), a children's home must meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to the improvement of residential structures in the same residential district or classification as the children's home.
(e) As used in this subsection, "tract" has the meaning set forth in IC 6-1.1-1-22.5. A children's home must comply with a restriction, reservation, condition, exception, or covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that:
(1) applies to the tract on which the children's home is located; and
(2) is in existence for that tract before the children's home acquires ownership or use of the tract.
As added by P.L.142-1992, SEC.1. Amended by P.L.1-1993, SEC.242; P.L.2-1995, SEC.131.
