2017 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 4. Local Planning and Zoning
36-7-4-1108. Child care home used as primary residence of care home operator; zoning restrictions
Sec. 1108. (a) This section applies only to a child care home that is used as the primary residence of the person who operates the child care home.
(b) As used in this section, "child care home" has the meaning set forth in IC 12-7-2-28.6.
(c) Except as provided in subsection (e), a zoning ordinance may not do any of the following:
(1) Exclude a child care home from a residential area solely because the child care home is a business.
(2) Impose limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
(3) Impose requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the fire prevention and building safety commission.
(d) Notwithstanding subsection (c), a child care home may be required to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to other residential structures in the same residential district or classification as the child care home.
(e) A zoning ordinance:
(1) that is in effect on July 1, 1993; and
(2) that:
(A) excludes a child care home from a residential area solely because the child care home is a business;
(B) imposes limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
(C) imposes requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the fire prevention and building safety commission;
is not subject to subsection (c) until July 1, 1994.
As added by P.L.136-1993, SEC.23. Amended by P.L.145-2006, SEC.374.
