1.   Intent. Planned Unit Development is intended to encourage a more innovative approach to the development of land by permitting flexibility in design, placement of buildings and the use of open spaces, while at the same time retaining substantially the same population density and area coverage permitted in the district in which the project is located.

2.   District is Overlay. The designation of a parcel or tract of land as a Planned Unit Development shall be considered a rezoning, by the application of the provisions of this Section 165.19 to said tract or parcel of land as an overlay zone. Provided, said tract or parcel shall continue to be considered to be within the zoning district as at the time of application for designation as a Planned Unit Development with the additional designation PUD.

3.   Effect of Overlay. All provisions of this chapter shall continue to apply to a parcel or tract of land designated PUD as if such rezoning had not occurred, except as expressly modified by this Section.

4.   Uses Permitted. In a Planned Unit Development, only the following uses are permitted:

   A.   In a residential Planned Unit Development:

      (1)   One-, two- and multiple-family dwellings.

      (2)   Other uses as permitted in Section 165.15.

      (3)   Neighborhood retail uses and those uses permitted in the C-1 Commercial District may be specifically and selectively authorized as to type and size only when integrated by design as an accessory element of the project.

   B.   In a Planned Unit Development designed primarily for other than residential uses as permitted above, the uses shall be limited to those permitted in the zoning district in which the use is to be located.

In a residential Planned Unit Development, the zoning of areas for commercial uses shall not become effective until one-half of the total number of dwelling units planned is completed.

5.   Common Area Required. In a residential Planned Unit Development there shall be a minimum of ten percent of the total area of the planned area development dedicated or reserved as suitable common open space land. Common open space lands shall be clearly designated on the plan as to character of use and development but shall not include:

   A.   Areas reserved for the exclusive use or benefit of an individual tenant or owner, or

   B.   Dedicated streets, alleys, and other public right-of-ways, or

   C.   Vehicular drives, parking, loading and storage areas.

6.   Signs. Signs shall be permitted subject to the limitations of the basic zoning district within which the sign is to be located.

7.   Layout and Design Requirements. The regulations, requirements and standards of the zoning district in which the Planned Unit Development is to be located shall apply to the layout and design of the total project, as a whole. Where necessary to insure compatibility of buildings and uses with each other and with off-site properties, the Planning and Zoning Commission may recommend and the Council may specify modification of such regulations, requirements and standards. The layout and design shall be subject to the following limitations and exceptions:

   A.   Yards. The yard requirements for the district in which the Planned Unit Development is located shall apply to all exterior boundary lines of the site, except as otherwise provided on the approved development plan.

   B.   Rear and Side Yard Setback. For buildings and structures exceeding fifteen feet in height, there shall be maintained a distance from side and rear boundaries of the tract or parcel equal to the required yard.

   C.   Number of Dwelling Units. The number of dwelling units permitted shall be determined by dividing the net development area of the site by the minimum lot area per dwelling unit required in the district in which the project will be located. Net development area shall be that area remaining after subtracting those portions of the site set aside for nonresidential uses, such as schools, parks and commercial.

   D.   Off-Street Parking. The total required off-street parking facilities shall not be less than the sum of the required parking facilities for the various uses computed separately in accordance with Section 165.27.

   E.   Height Limitations. Within a PUD, building height limitations may be waived by the Council.

8.   Application for Rezoning to PUD.

An application to establish a Planned Unit Development project shall be filed by the owner or owners having title to all of the property in the area proposed for the planned area development on a form prescribed by the Zoning Administrator.

9.   Site Plan Required. The application shall be accompanied by a site plan and such other information which in the judgment of the Zoning Administrator is necessary to fully determine the intent of the applicant.

10.   Contents of the Site Plan. The required site plan shall be drawn at a scale of not less than 1² = 100¢ and shall, as a minimum, show:

   A.   The boundary of the PUD.

   B.   The type of structures proposed, number, height and size of dwelling units, floor area of office or industrial building, buffers, landscaping, parking area, walls, anticipated expansion and other information deemed necessary to illustrate compliance with the requirements of this chapter.

   C.   The general location of streets, utilities, and structures adjacent to and within 200 feet of the boundary of the proposed PUD.

11.   Statement of Intent. An explanatory statement of the general purpose of the project shall accompany the application. The statement shall supplement the map with narrative information. The adoption of the text of the statement specifying the particular nonresidential uses shall constitute a limitation to those specific uses.

12.   Preliminary Plan. The approval of a planned unit development shall be by the Council upon recommendation of the Planning and Zoning Commission subject to procedures required for amendment contained in Section 165.27. A preliminary development plan shall be submitted to the Commission for its review and recommendation. The Commission shall then advise the Council that such plans do or do not comply with the provisions of this chapter. Preliminary approval by the Council shall be binding as to the general intent and apportionment of land and improvements, but shall not be construed to render inflexible the ultimate design, specific uses or final plan of the project.

13.   Final Development Plan. The applicant shall, within one year after the date of the preliminary plan approval by the Council, submit a final development plan for any part or all of the preliminary plan identifying the location and extent of uses and improvement as authorized in the approved preliminary plan and complying with any stipulations of the Council.

14.   Effect on Platting. Nothing contained herein shall be construed as relieving the owner of the obligation to prepare plats in accordance with Chapter 354, Code of Iowa. However, the preliminary development plan may be considered a preliminary plat and the final development plan may be considered a final plat, provided said plans contain the plat information required by Chapter 354, Code of Iowa.

15.   Site Size. A Planned Unit Development project in a residential district shall contain an area of not less than two acres, in other areas not less than three acres.