Indiana § 36-7-11.3-54 Conditions for erection of new structure on primary property

Indiana Statutes

§ 36-7-11.3-54 — Conditions for erection of new structure on primary property

Indiana § 36-7-11.3-54

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 11.3Municipal Preservation

This text of Indiana § 36-7-11.3-54 (Conditions for erection of new structure on primary property) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-11.3-54 (2026).

Text

A new structure may not be erected upon a parcel of primary property and an existing structure upon the property may not be altered if the structure would do any of the following:

(1)Permit a residential usage that, in relation to the parcel upon which situated, would be of a substantially greater density than the average residential density of primary property lying within one thousand (1,000) feet of the property in question, excluding for purposes of determining the average primary property used for multiple family residential or commercial purposes.

(2)Appear substantially smaller or larger in size and scale than the average size and scale of the single and double family residential dwellings situated upon primary property lying within one thousand (1,000) feet of the property in que

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A new structure may not be erected upon
a parcel of primary property and an existing structure upon the property
may not be altered if the structure would do any of the following:
(1) Permit a residential usage that, in relation to the parcel upon
which situated, would be of a substantially greater density than
the average residential density of primary property lying within
one thousand (1,000) feet of the property in question, excluding
for purposes of determining the average primary property used for
multiple family residential or commercial purposes.
(2) Appear substantially smaller or larger in size and scale than
the average size and scale of the single and double family
residential dwellings situated upon primary property lying within
one thousand (1,000) feet of the property in question.
(3) Have a set-back from the primary area significantly less than
the average set-back of structures facing upon the primary area
that are situated upon primary property lying within one thousand
(1,000) feet of the property in question.
(4) Have side lots measuring less than fifteen (15) feet from the
property line of the subject property to the wall of the structure
erected or altered.
(5) If primarily a residential dwelling, have a ground floor area of
less than two thousand (2,000) square feet or forty percent (40%)
of the total area of the parcel of land upon which the dwelling lies,
whichever is less.
(6) Including all other structures upon the parcel, have a total
ground floor area greater than fifty percent (50%) of the total area
of the parcel of land upon which the structure lies.
(7) Substantially encroach upon the view and exposure of a
residential structure on a neighboring property.
[Pre-1995 Title 14 Recodification Citation:
14-3-3.2-16.]