(A) The owner or owners of any tract of land comprising an area not less than ten acres may submit to the Town Council a plan for the use and development of the land, primarily for residential purposes. The proposed development plans shall be submitted to the Plan Commission for examination, study, and report, and for a public hearing in conformance with the recommendations of the Plan Commission which shall be embodied in a report to the Town Council, stating the reasons for the approval or disapproval of the plan and application, and specific evidence and facts showing that the proposed residential development plan has or has not considered and made provision for the following essential elements.
(1) The appropriate use of property adjacent to the area included in the plan will be fully safeguarded.
(2) The plan is consistent with the intent of this chapter to promote public health, safety, and general welfare.
(3) The buildings shall be used primarily for single-family dwellings, apartments, or group houses, and the usual accessory uses such as garages, storage space, and community activities.
(4) The area of the tract, excluding street area, but including the area to be devoted to parks, parkways, and other open spaces, will provide the minimum lot area per family, counting all families to be housed under the unit development plan, which is required for the most intensive use normally permitted in the District which such development is located.
(B) If the Town Council approves the proposed residential development plan, improvement location permits, and certificates of occupancy shall be issued, even though the use of the land, the location of the buildings to be erected in the area, and the yards and open spaces provided in the plan do not conform in certain respects to the regulations for the District in which the development is to be located.
(Prior Code, § 8.5.1)