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The maximum floor area ratio permitted on any site area located in the commercial-retail overlay zone shall not exceed the floor area ratio permitted by the provisions of section 10-3-2745 of this chapter, except that the maximum floor area ratio of 5.0 of the site area shall be permitted for a retail department store under the following conditions:
A. Each floor of the building or structure shall be used primarily for "retail store" purposes as defined in this article.
B. If within the same block of the site area there is any property developed or zoned for residential use, and the distance between the closest property lines of such residential property and the site area is within four (4) subdivided lots or less, or within one hundred sixty feet (160') or less, excluding the width of any alley separating property located in the commercial-retail overlay zone from property used for parking, whichever distance is lesser, the three (3) lots nearest the site area may be developed either as a park or for parking, as provided in this chapter; provided, however, no person shall be permitted to reside in the said three (3) lot area at any time during the construction or use of any retail department store located on the adjacent property.
C. All required parking spaces shall be located within the site area or within the permitted parking area described in subsection B of this section. The separation of the parking spaces from the site by an alley shall be permissible. (Ord. 76-O-1596, eff. 2-19-1976)