1123.07 PLANNED APARTMENT DISTRICT (PAD). 
   (a)    Purpose. The Planned Apartment District (PAD) is established to accommodate multi-family dwellings at a density great enough to economically encourage and allow an appropriate redevelopment of areas which are presently a social and economic liability on the community. Areas eligible to apply for this zoning are designated on the Zoning Districts Map as Planned Redevelopment Areas.
   The site development and the architectural concept of the apartment structures together with the provision of associated facilities and landscaping including trees, shrubs, green areas and elevations shall be an important consideration in achieving an attractive residential environment of sustained desirability with all development in harmony to promote stability, order and efficiency of the residential area.
   (b)    Permitted Uses. The permitted uses are:
      (1)    Apartment dwelling structures.
      (2)    Townhouse dwelling structures.
      (3)    High-rise apartment dwelling structures.
      (4)    Accessory uses, as regulated in Section 1124.02 , provided such uses are incidental to the principal use. Such uses must be situated on the same lot with the principal building.
      (5)    Public, parochial and private schools offering primary and secondary general education courses, having no rooms regularly used for housing or sleeping of students as regulated by Section 1124.11.
      (6)    Parks and playgrounds and playfields open to the public without fee.
      (7)    Churches or other places of worship provided they occupy lots of one acre or more per 100 seats or similar accommodations in the main assembly area.
      (8)    Public utility rights of way, telecommunication towers and pertinent structures.
      (9)    Governmentally owned and/or operated buildings and facilities.
      (10)    Community or neighborhood recreation centers and/or swimming clubs.
      (11)   Day care facilities, for infants, pre-school aged children or adults, and facilities that provide supervised care of school aged children before or after school hours as regulated by Section 1124.11 .
   (c)    Development Standards.
      (1)   Use of architect and landscape architect. The arrangement of structures and provision of yard space and building setback shall be in accordance with a plan of the site and structure prepared by a team composed of an architect and a landscape architect both licensed to practice in the State of Ohio.
      (2)    Lot area and coverage. No lot or combination of lots in this district shall be less than 80, 000 square feet, and shall not be covered more than fifty percent by structure, private drives and off-street parking.
      (3)    Common open space. A minimum of thirty percent of the area included in the development plan or lot area shall be provided as common open space, organized, arranged and restricted by covenant, deed or dedication for the common use and benefit of the occupants of the dwelling units. Such common use may include but is not limited to landscaped areas, recreational facilities or other common use as will provide amenity to the area, but does not include private yards or patios that are not for common use. The required open space may be reduced to twenty percent when the proposed site is adjacent to permanent open space under public ownership.
      (4)    Side and rear yard. There shall be a side and rear yard for a main building of not less than one-fourth the sum of the height of the building and the length of the wall adjacent to and most nearly parallel to the lot line, but in no case shall a side or rear yard be less than twenty-five feet.
      (5)    Maximum building height. The maximum building height shall be 100 feet.
      (6)    Signs. Signs shall be as regulated by Chapter 1127 .
      (7)    Residential parking. Residential parking may be provided in group garages or parking lots within a maximum of 150 feet of the entrance of the dwelling structure served. Parking areas or lots shall be designed so as to harmoniously blend with the total landscape design of the site.
      (8)    Variations. The foregoing standards may be varied by the Planning Commission and Council to fulfill the intended purpose as stated in subsection (a) hereof if the standards are substantially complied with and provided the variations are approved by three-fourths majority of Council.
   (d)   Development Plan Procedure.
      (1)   Submission of application and development plan. The owner or owners of a tract of land 80, 000 square feet or more in area and in a redevelopment area may request that the Zoning Districts Map be amended to include such tract in the Planned Apartment District. Ten (10) copies of a development plan shall be submitted with the application to amend the Zoning Districts Map. Such development plan shall include in text and map form:
         A.    The proposed site plan showing locations and size structures of residential use, indicating dwelling unit densities, dwelling unit types and the total number of dwelling units in the development plan;
         B.    The proposed size, location and use of nonresidential portions of the tract, including useable open area parks, school sites and other areas and spaces with the suggested ownership of such areas and spaces;
         C.    The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies and/or other evidence of reasonableness;
         D.    The proposed traffic circulation pattern, including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness;
         E.    The proposed schedule of site development, construction of structures and associated facilities;
         F.    Sketches indicating design or appearance to be followed in site development, construction, landscaping, elevations and other features;
         G.    The relationship of the proposed development to existing and future land use in the surrounding area, the street system, community facilities, services and other public improvements.
      (2)    Basis of approval. Approval shall be obtained if the proposed development advances the general welfare of the City and the immediate vicinity; the proposed development is in general conformity with the Whitehall Master Plan, adopted December 17, 1991; and the benefits, improved arrangement and the design of the proposed development justify the deviation from standard residential development requirements included in this Zoning Code.
      (3)    Effect of approval. The development plan, reviewed by the Planning Com mission, as approved by Council shall constitute an amendment to the Zoning Districts Map from its existing zoning district to Planned Apartment District, PAD, as specified in the approved map and text of the development plan.
         The approval shall be for a period of three years. If development is not commenced within this period, the approval shall be voided and the land shall revert to its last previous zoning district, unless an application for a specified time extension of one year is submitted and granted by Council.
      (4)    Plat required. In the Planned Apartment District no use shall be established or changed and no structure shall be constructed or altered until the required subdivision plat has been recorded in accordance with the City Subdivision Regulations. The subdivision plat shall be in accord with the approved development plan and shall show or include:
         A.    Site arrangement, including building setback lines or space to be built upon; water, sewer and other public utility installations, including sanitary sewage, surface drainage and waste disposal facilities, public and private street rights of way, easements and walks; school sites, recreation areas and other land to be dedicated to public use, including the purpose and intent of such dedication; and land to be commonly owned and maintained.
         B.    The nature and extent of earthwork required for site preparation and development.
         C.    Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
            (Ord. 68-70. Passed 6-2-70; Ord. 34-95. Passed 6-6-95; Ord. 31-06. Passed 5-2-06.)