Citations Affected:
IC 12-28-4-7
.
Synopsis: Location of group homes. Permits zoning restrictions that
prevent a group home for developmentally disabled individuals or
mentally ill individuals from being within 3,000 feet of another group
home.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Governmental Affairs and
Interstate Cooperation.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
SECTION 1.
IC 12-28-4-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) A zoning
ordinance (as defined in
IC 36-7-1-22
) may not exclude a residential
facility for the mentally ill from a residential area solely because the
residential facility is a business or because the individuals residing in
the residential facility are not related. The residential facility may be
required to meet all other zoning requirements, ordinances, and laws.
(b) A zoning ordinance may exclude a residential facility for the
mentally ill or for the developmentally disabled from a residential
area if the residential facility will be located within three thousand
(3,000) feet of another residential facility for the mentally ill or the
developmentally disabled, as measured between lot lines.