Sec. 24-345. Minimum tract size.
(a) Except as provided in this section, the minimum area for a development plan within the U.S. 41 district is two (2) acres.
(b) If a parcel of land is located both inside and outside of the U.S. 41 district, a DP shall be submitted to the Plan Commission for the entire parcel. Wherever there exists a conflict between the requirements of the underlying zoning and of the U.S. 41 district, the requirements for the U.S. 41 district shall govern and prevail.
(c) If a parcel of land or subdivision lot was recorded prior to the effective date of the ordinance from which this chapter derives, and the parcel or lot does not contain the minimum area required by this section, the undersized parcel or lot ("undersized lot") may be used for any use permitted in the U.S. 41 district provided that:
(1) At the time of recordation of the undersized lot, the undersized lot met the requirements for minimum lot size then in effect for a lot in the underlying primary zoning district(s);
(2) The owner of the undersized lot must include any adjoining vacant land (not separated by a street or public way) owned or owned by an affiliate on or before the effective date or at the time of application which, if combined with the undersized lot would create a parcel which conforms, or more closely conforms, to the requirements of this paragraph; and
(3) All other requirements applicable to the U.S. 41 district can be met.
(d) Section 24-345 does not preclude the sale or other transfer of any portion of a parcel of land within an approved development plan for a larger parcel, however, the development of the parcel must still conform to the development plan as approved or amended by the Plan Commission and all other applicable requirements contained in this chapter.