(A) The owner of any tract of land may submit a plan for the use and development of the land primarily for residential purposes or for a community shopping center even though the use of the land, the location of 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 as heretofore set forth in this chapter. The requirements of such a unit development plan are as follows.
(1) Residential development plan. The tract of land to be developed must comprise an area of not less than ten acres, and the plan must show or make provisions for the following essential elements:
(a) The appropriate use of property adjacent to the area included in the plan must be fully safeguarded;
(b) The plan must be consistent with the intent of this chapter to promote public health, safety, and the general welfare;
(c) The buildings shall be used primarily for single-family dwellings, apartments, or group houses, and the usual accessory uses such as garages, storage, and community activities; and
(d) The area of the tract, excluding street area, but including the area to be devoted to parks, parkways, and other open spaces, must 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 in which the development is to be located.
(2) Community shopping center development plan. The tract of land to be developed must comprise an area of not less than four acres, and the plan must show or make provision for the following essential elements.
(a) The commercial uses included in the plan must be limited to those permitted in the “LB” District.
(b) The entire development must be designed as a single architectural unit, with appropriate landscape architectural treatment of the entire unit area.
(c) At least twice the gross floor area of the stores to be included within the development, plus one vehicle parking space for each six seats in any theater or place of congregation within the plan, is provided in off-street parking area, which are integral parts of the design of the unit plan.
(d) The appropriate use of property adjacent to the area included in the plan must be fully safeguarded.
(e) The plan must be consistent with the intent of the Zoning Ordinance to promote the public health, safety, and general welfare.
(B) The proposed development plans shall be submitted to the Plan Commission for examination, study, and report and for a public hearing. If the Plan Commission approves the development plan, the plan, together with the recommendations of the Plan Commission shall be embodied in a report to the Board of Zoning Appeals, stating the reasons for the approval of the plan and applications, and specific evidence and facts showing that the proposed development plan has considered and made provisions for the essential elements. If the Board of Zoning Appeals approves the proposed development, improvement location permits and certificates of occupancy shall be issued as prescribed in §§ 155.095 through 155.098.
(1985 Code, § 8-3-5) (Ord. passed 3-25-1957; Ord. 4-1984, passed 2-14-1984) Penalty, see § 10.99