(A) The provisions of this subchapter shall apply to a tract of land of at least five acres in area for undeveloped areas within the jurisdiction of the Commission; provided that, said provisions may apply to a proposed development in which the primary or entire use is business or enclosed industrial use when such proposal is deemed to be in the best interests of the county and the incorporated towns.
(B) The provisions of this section shall apply only to proposed new developments and shall not apply to any part of an area contained within a subdivision previously approved (and recorded) in accordance with the requirements of Ch. 155 of this code of ordinances, prior to the time of passage of the ordinance comprising this chapter, or any unit development plan which is now fully or partially developed, nor to any such development for a final authorization has been granted pursuant to a previous ordinance; provided, however, that, a petitioner may, upon application and approval of the Commission, become subject to all the benefits and burdens of this section, subject to such rights as shall have been vested in the owners of the area affected by development under such ordinance; provided further that, any plat shall first be vacated.
(C) Uses permitted in a residential unit development plan may include and shall be limited to:
(1) Dwelling units in detached, semi-detached, attached or multi-storied structures or any combination thereof;
(2) Non-residential uses of a religious, cultural, recreational and business or enclosed industrial character, which uses are an integral part of a residential development logically oriented to and coordinated with the total planned unit. Such uses shall be planned and gauged primarily for the service and convenience of the anticipated population of the unit development; and
(3) No business use, nor any building devoted primarily to a business use or enclosed industrial use, shall be built or established prior to the residential buildings or uses it is designated or intended to serve.
(D) The basic land unit of a unit development is the block, parcel, tract, combination of lots or acreage, and not the lot; provided, however, divisible geographic sections of the entire planned unit development may be designated.
(1) A proposed unit development plan shall be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design, and must provide standard of open space, efficiency in street patterns and areas for parking adequate for the occupancy proposed, or equal to the requirements of this chapter.
(2) Before approval of a preliminary unit development plan, a detailed determination of land use intensity shall be declared and the Commission shall make a finding that said intensity is consistent with the Comprehensive Development Plan of current adoption and the best interest of the county and the incorporated towns.
(Ord. passed - -2006, § 80.22(B))