(a) Where dwelling houses, multiple dwellings or apartment houses, or combinations thereof, are proposed to be constructed in a group or cluster according to a development plan, upon a tract of land, or upon several lots or parcels which are to be treated as a single tract for the purpose of such development, and the regulations set forth in this Zoning Ordinance and particularly Section 1325.03, do not permit the orderly and most suitable utilization of such land, the owner of the real estate may file with the Planning Commission of the City his written application for approval of the plan which shall set forth in detail the plan of development together with a plat showing the tract, proposed streets, location, size and use of buildings, parking areas, lawns and open spaces.
(b) If the Planning Commission determines that the development plan is compatible with other permitted uses in the zoning district involved and is compatible with the buildings and uses in the immediate vicinity and in the general neighborhood of the proposed development; that not less than twenty-five percent of the total area involved is free of all buildings and structures; that population density within the tract to be developed will not be excessive; that proper provision has been made for off-street parking; access for fire and police protection and utility services, the Planning Commission may approve such plan subject to such conditions and requirements as it shall deem advisable. The application, together with such conditions and requirements as the Planning Commission requires, shall be the special zoning regulations for such tract and shall constitute amendments to all other zoning regulations contrary thereto.
(c) Until such time as a building permit is issued for construction of one or more of the structures included in the plan, an appeal may be filed with the Board of Zoning Appeals by the owner or other interested party in the same manner as set forth in Section 1313.01(b) for appeals from requirements, decisions or determinations of the Mayor.
(d) Changes and modifications in the development plan may be made only in the manner hereinbefore provided for original approval of the plan.
(Ord. 10-14. Passed 8-14-14.)