Introduced Version




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.


First Regular Session 113th General Assembly (2003)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

    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.