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The Board finds that the lot size for the requested subdivision is established by the Limited Use Overlay Zone and the 1982 conceptual approval as a 6,000 square foot minimum and no minimum lot size for other uses. The Board also finds that to the extent the zoning requires a two-acre minimum lot size, the record indicates such minimum lot size was adopted after the 1982 conceptual plan was approved, which is the basis for the current detailed plan. The previously issued conceptual approval is still valid and controls over the subsequently enacted minimum lot size. The Board finds that this criterion is met. 113.030 Lot or Yard Areas Not to be Sevarated From the Lot Containing the Building. No portion of a lot necessary to provide the required area per dwelling unit shall be separated in ownership from the portion of the lot on which the building containing dwelling units is located. No required yard or other open space around an existing building shall be separated in ownership from the portion of the lot upon which the building is located. The Board finds that as shown on the revised site plans submitted to the Board by the applicant on June 18, 2008,no portion of a proposed lot will be owned separately from the portion of the lot on which the single-family dwelling unit is located. 113.050 Yards Apply Only to One Building. No required yard or other open space or required driveway provided around or for any building or structure for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building, nor shall any yard or other required space on an adjoining lot be considered as providing a yard or open space on the lot whereon the building is to be erected. The Board finds that as shown on the revised site plans submitted to the Board by the applicant on June 18, 2008, each yard on the lot applies to the building located on the lot; therefore, this criterion is satisfied. 113.060 Yards to be Unobstructed. Every required front, side, and rear yard shall be open and unobstructed by buildings or structures from the ground to the sky except for those projections and accessory structures permitted by this ordinance. The Board finds that with the exception of zero lot line units as permitted under the Marion County Code,proposed yards will be unobstructed; therefore, this criterion is satisfied. Chapter 172: Subdivision and Partition Requirements ROADS. STREETS AND EASEMENTS 172.16 Dedication or Deeding of Roadway No person shall dedicate for public use, or deed to Marion County, a parcel of land which is used or proposed to be used as a roadway without first obtaining the approval of the Board and delivering the deed to the Board for its endorsement. No dedication is effective unless the property is accepted by the Board and recorded with the Marion County Clerk's Office. The applicant proposes to construct private streets. However, the dedication of right-of-way may be required on North Fork Road or Gates Hill Road to provide deceleration lanes or other improvements. If so, the applicant will comply with deed requirements. -23-