The owner of any tract of land may submit to the village board a plan for the use and development of all of a tract of land for residential and allied purposes. The development plan shall be referred to the zoning board of appeals for study and report and for a public hearing. If the zoning board of appeals approves the plans, they shall then be submitted to the village board for consideration and approval. The approval and recommendations of the zoning board of appeals shall be accompanied by a report stating the reasons for approval or disapproval of the application and specific evidence that the proposed community unit plan meets or does not meet the following conditions: (1982 Code § 5-8-1; amd. 2016 Code)
A. That the property adjacent to the area included in the plan will not be adversely affected.
B. That the plan is consistent with the intent and purposes of this title to promote public health, safety, morals and general welfare. (1982 Code § 5-8-1)
C. That the buildings shall be used only for single-family dwellings and the usual accessory uses such as garages, storage spaces or community activities, including places of worship. (1982 Code § 5-8-1; amd. 2016 Code)
D. That the average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located. (1982 Code § 5-8-1)
10-10-2: ISSUANCE OF BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY:
If the village board approves the plan, a building permit and certificate of occupancy may be issued even though the use of land and the location of the buildings to be erected in the area, and the yards and open spaces contemplated by the plan, do not conform in all respects to the district regulations for the district in which it is located. (1982 Code § 5-8-2)
San Jose City Zoning Code
CHAPTER 10
COMMUNITY UNIT PLAN
10-10-1: APPROVAL PROCEDURES AND CONDITIONS:
The owner of any tract of land may submit to the village board a plan for the use and development of all of a tract of land for residential and allied purposes. The development plan shall be referred to the zoning board of appeals for study and report and for a public hearing. If the zoning board of appeals approves the plans, they shall then be submitted to the village board for consideration and approval. The approval and recommendations of the zoning board of appeals shall be accompanied by a report stating the reasons for approval or disapproval of the application and specific evidence that the proposed community unit plan meets or does not meet the following conditions: (1982 Code § 5-8-1; amd. 2016 Code)
A. That the property adjacent to the area included in the plan will not be adversely affected.
B. That the plan is consistent with the intent and purposes of this title to promote public health, safety, morals and general welfare. (1982 Code § 5-8-1)
C. That the buildings shall be used only for single-family dwellings and the usual accessory uses such as garages, storage spaces or community activities, including places of worship. (1982 Code § 5-8-1; amd. 2016 Code)
D. That the average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located. (1982 Code § 5-8-1)
10-10-2: ISSUANCE OF BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY:
If the village board approves the plan, a building permit and certificate of occupancy may be issued even though the use of land and the location of the buildings to be erected in the area, and the yards and open spaces contemplated by the plan, do not conform in all respects to the district regulations for the district in which it is located. (1982 Code § 5-8-2)