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(A) The owner of any tract of land comprising an area of not less than ten acres may submit to the Board of Zoning Appeals a plan for the use and development of the land primarily for residential purposes. The proposed development plan shall be submitted to the Town Plan Commission for examination, study and report and for a public hearing. If the Commission approves the development plan, the plan, together with the recommendations of the Commission, shall be embodied in a report to the Board of Zoning Appeals stating the reasons for the approval of the plan and application, and specific evidence and facts showing that the proposed residential development plan has considered and made provision for the following essential elements:
(1) That the appropriate use of the property adjacent to the area included in the plan will be fully safeguarded;
(2) That the plan is consistent with the intent of this chapter to promote public health, safety and the general welfare;
(3) That the buildings shall be used primarily for single-family or two-family dwellings, apartments or group houses and the usual accessory uses such as garages, storage space and community activities, and that only a small commercial area composed of service stores may be included;
(4) That 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 district in which said development is to be located.
(B) If the Board of Zoning Appeals approves the proposed residential development plan, building permits and improvement location permits shall be issued, even though use of the land, 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 regulation for the district in which the development is to be located.
(Ord. 70-2, passed 5-11-70)