Sec. 59. A new structure may not be erected upon a parcel of Meridian Street property or 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 Meridian Street property lying within one thousand (1,000) feet of the property in question, excluding for purposes of determining the average Meridian Street property used for multiple family residential or commercial purposes.

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Terms Used In Indiana Code 36-7-11.2-59

  • family: means any number of individuals who:

    Indiana Code 36-7-11.2-6

  • Meridian Street: means that part of a north-south meridian street in the city of Indianapolis, Marion County, known as Meridian Street, that lies:

    Indiana Code 36-7-11.2-8

  • Meridian Street property: means a parcel of land of which any part lies within one hundred (100) feet due west or east of any part of the right-of-way for Meridian Street. See Indiana Code 36-7-11.2-9
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • subject property: means Meridian Street or bordering property or existing or proposed construction on the property:

    Indiana Code 36-7-11.2-17

(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 Meridian Street property lying within one thousand (1,000) feet of the property in question.

(3) Have a set-back from Meridian Street significantly less than the average set-back of structures facing upon Meridian Street that are situated upon Meridian Street 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.]

As added by P.L.1-1995, SEC.83.