Sec. 12. (a) The definitions in IC 16-41-27 apply throughout this section. (b) Unless required under IC 36-7-2-9 and except as provided in IC 36-7-4-1106 (d), IC 36-7-4-1106 (e), and IC 36-7-4-1106 (f), a unit may not adopt, impose, or enforce a regulation that: (1) mandates size requirements for or that is based on the age of, a mobile home, a manufactured home or an industrialized residential structure that will be installed in a mobile home community licensed under IC 16-41-27 ; or (2) is based on the age of a mobile home, a manufactured home, or an industrialized residential structure that will be installed on other private property; regardless of whether the mobile home community or other private property, in whole or in part constitutes a conforming structure or use or a legal, nonconforming structure or use. (c) Nothing in this section shall be construed to prohibit a unit from adopting or enforcing a requirement of a regulation related to: (1) transportation; (2) water and sewer service; or (3) another requirement concerning the use or development of land. (d) 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 (b); (B) amend a regulation so that the regulation, after its amendment, includes a provision that violates subsection (b), 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 (b), 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 (b); is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed.
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