(A) The minimum lot area required within the primary tier Overlay Zone is 10,000 square feet for non-residential uses with sewer and one acre for non-residential uses without sewer. The minimum lot area for residential uses with sewer is 8,700 square feet and one acre without sewer. All lots within the primary tier Overlay Zone shall be subject to development plan approval, with the exception of individual lots for single-family dwellings. For lots located only partially within the primary tier Overlay Zone, a development plan shall be submitted to the Plan Commission for the entire tract to be developed.
(B) If a parcel of land or subdivision lot was recorded prior to the effective date of this subchapter, and the parcel or lot does not contain the minimum lot area required by this section, the parcel or lot (“undersized lot”) may be used for any use permitted in the Overlay Zone provided that:
(1) At the time of recordation of the undersized lot or on the effective date of this subchapter, the undersized lot met the requirements for minimum lot area then in effect in the underlying primary zoning district(s).
(2) The owner of the undersized lot must include, up to the minimum tract size, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the effective date of this subchapter or at the time of application which, if combined with the undersized lot, would create a tract which conforms, or more closely conforms, to the minimum tract size requirements of this section; and
(3) All other development requirements applicable to the Overlay Zone can be met.
(C) This section does not preclude the sale or other transfer of any parcel of land within a tract after the approval of a development plan for the entire tract. However, the development of the parcel must still conform to the development plan for the entire tract as approved or amended by the Plan Commission, and all other applicable requirements contained in this subchapter.
(Ord. 08-04, passed 7-14-08; Am. Ord. 14-23, passed 1-26-15)