12-28-4-10. Covenants Created on or After April 1, 1988, Restricting Residential Facilities for Persons With a Developmental Disability or Mental Illness
Sec. 10. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created on or after April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property. (b) A restriction, a reservation, a condition, an exception, or a covenant […]
12-28-4-11. Repealed
[Pre-1992 Revision Citation: 4-28-21-12(a).] As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.211; P.L.5-1993, SEC.224. Repealed by P.L.6-1995, SEC.39.
12-28-4-12. Establishment of Facilities by Division; Priority Given Counties With Low Ratios of Resident Facility Beds; Recruiting Private Operators
Sec. 12. (a) Subject to the availability of money and consistent with needs assessment, the division of disability and rehabilitative services shall give priority to the establishment of residential facilities, other than the facilities described in section 3 of this chapter, in counties in which the ratio of the number of residential facility beds to […]
12-28-4-13. Development and Lease Effort
Sec. 13. (a) The division of disability and rehabilitative services may operate a program known as the development and lease effort. Under the program, the division of disability and rehabilitative services may develop contracts under which the state agrees to lease buildings from private parties for use as residential facilities for individuals with a mental […]
12-28-4-14. Rules
Sec. 14. The community residential facilities council may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1992 Revision Citation: 4-28-21-13.] As added by P.L.2-1992, SEC.22.
12-28-4-7. Zoning Ordinances; Residential Facilities for Individuals With a Mental Illness
Sec. 7. (a) A zoning ordinance (as defined in IC 36-7-1-22) may not exclude a residential facility for individuals with a mental illness 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 […]
12-28-4-8. Zoning Ordinances; Residential Facilities for Individuals With a Developmental Disability
Sec. 8. (a) A residential facility for individuals with a developmental disability: (1) for not more than eight (8) individuals with a developmental disability; and (2) established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); is a permitted residential use that may not be disallowed by any zoning ordinance (as defined in IC […]
12-28-4-9. Covenants Created Before April 1, 1988, Restricting Residential Facilities for Persons With a Developmental Disability or Mental Illness
Sec. 9. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created before April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property. (b) A restriction, a reservation, a condition, an exception, or a covenant in a […]
12-28-4-1. Application of Chapter
Sec. 1. This chapter applies to residential facilities for individuals with a developmental disability. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.22. Amended by P.L.99-2007, SEC.137; P.L.168-2018, SEC.34.
12-28-4-2. Planning Authority Defined
Sec. 2. As used in this chapter, “planning authority” means the agency of county, city, or town government that performs the planning function under IC 36-7 for the land on which a residential facility may be placed. [Pre-1992 Revision Citation: 4-28-21-1 part.] As added by P.L.2-1992, SEC.22.