It shall be unlawful for any person to erect or construct any building, structure, or improvement, or any part thereof, on a site located in a nonresidential zone and located adjacent to a residential zone unless the following setbacks are maintained:
A. If the nonresidential site abuts an alley which separates the nonresidential zone from the residential zone, no building, structure, or improvement, either above or less than eight feet (8') below the grade level, except a wall or other improvement otherwise permitted by this article shall be located within six feet (6') of the edge of the alley adjacent to such site; or
B. If there is no alley between the nonresidential site and the residential zone, the following setbacks shall be maintained, except as otherwise permitted by this article:
1. No building, structure, or improvement located less than eight feet (8') below the grade level shall be located within six feet (6') of the property line abutting the residential zone.
2. No building, structure, or improvement, or any part thereof, up to thirty feet (30') or two (2) stories in height, whichever is less, shall be located within ten feet (10') of the property line abutting the residential zone.
3. No part of any building, structure, or improvement more than thirty feet (30') or two (2) stories in height, whichever is less, shall be located within twenty feet (20') of the property line abutting the residential zone.
C. The director of planning and community development, pursuant to article 36 of this chapter, may permit improvements in the setback required by subsection B of this section as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area.
D. If a retail department store is developed in accordance with the commercial retail planned development overlay zone (C-R-PD) standards set forth in article 18.2 of this chapter, subsections A and B of this section shall not apply, and such retail department store shall be developed in accordance with the setback requirements of said article 18.2 of this chapter. (Ord. 81-O-1797, eff. 6-11-1981; amd. Ord. 89-O-2081, eff. 12-7-1989; Ord. 96-O-2270, eff. 11-27-1996)