Where the boundary line of commercial district abuts a residential district the property within a distance equivalent to the width of the two residential lots of record (but not to exceed 150 feet) next adjoining to either side shall be considered as being a zone of transition. This provision shall not apply when the uses abut on their rear property lines but shall apply when the districts are on opposite sides of a street and shall be applicable to the depth of these lots facing the commercial uses.

10.101. Uses permitted. [Uses permitted in zones of transition establishments are as follows:]

Professional buildings for the following uses:

(a)

Medical, dental and chiropractic offices;

(b)

Music and art studies [studios] and schools; [and]

(c)

Engineering, legal, architectural and accounting offices.

Nursing homes.

Two-family, three-family and four-family dwellings, subject to the front, side and rear yard requirements of the district in which it is located.

Parking lots subject to the following conditions:

(a)

Parking area shall serve only the establishment abutting such parking area;

(b)

That along the lot lines of the parking area abutting on the residential district there shall be established and maintained a planting area having a minimum width of six feet;

(c)

The planting shall be dense, not less than seven feet in height and shall be maintained in a healthy growing condition, and further provided that a substantial bumper rail of wood, metal or concrete shall be placed along the inside of the planting area, and along the street side of the parking area there shall be erected a concrete bumper wall at least six inches in height above the parking surface grade;

(d)

Lighting facilities provided shall be so designed that light is reflected away from residential properties; [and]

(e)

All parking areas shall be surfaced with concrete or bituminous material and shall be maintained in a dustfree condition.

The minimum lot size requirement, part 2, zoning schedule, notwithstanding, a single-family dwelling and its accessory buildings may be erected on any lot of record or parcel of land in a residential or commercial district which became legally established and defined by deed or act of sale before the passage of this ordinance, provided that the side yard of no dwelling shall be less than three feet.

The height regulations as stated in this ordinance shall not apply to:

(a)

Churches; schools; hospitals; sanitariums, public and semipublic; public service buildings and institutions. There shall be no restrictions on the height of such buildings, provided the front, side and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each foot of height that the building exceeds the maximum height permitted in such district.

(b)

Barns, silos and other farm structures when located on farms; belfries; cupolas; domes; flagpoles and monuments; water towers; transmission towers; windmills; chimneys; smokestacks; radio towers; waste and aerial conveyors; fire towers and oil derricks.

(c)

Bulkheads; elevator penthouses; water tanks; cooling towers; scenery; lofts and similar structures, provided that such structures shall cover not more than 25 percent of the total roof area of the building of which such structure is located.

A carport attached to or detached from the main building may be constructed in a required side yard and may be attached or [may be] an enclosed accessory building, provided that no wall of such accessory building is less than 60 feet from the front lot line nor less than three feet from the side lot line. Every part of the projection of such carport shall be at least three feet from the side lot lines; that the combined length of such carport and accessory building does not exceed 30 feet and that the height of such carport or accessory building does not exceed 13 feet. A carport attached to the main building may be enclosed on the street side and on the side nearest the side lot line.

Existing railroads may continue to operate and be maintained in dwelling and commercial districts.

10.601. Yard regulations. Where the yard regulations cannot be reasonably complied with or their application determined on lots of peculiar shape, location, or topography, such regulations may be modified by the zoning board of adjustment.

10.602. Setback; side yard waived. For the purpose of side yard regulations the following dwellings with common party walls shall be considered as one building occupying one lot:

[a]

Semidetached dwellings; [and]

[b]

Row dwellings.

10.603. Projections into yard. Cornices, cells, eaves, belt courses, chimneys or other similar architectural features may extend or project into a required side yard. Unroofed platforms, landings, steps or balconies may extend or project into a required side yard, and landscape features such as arbors, pagodas, etc.

Any authorized agency of the city, state, or federal government or the private owner of any tract of land containing an area of not less than five acres may submit to the zoning commission a plan for the development of such tract of land, the design of which makes it desirable to apply regulations more flexible than those contained in the ordinance. Such a proposed plan may contain residential uses of various types and allied use such as private or storage garages, parking spaces and other such noncommercial uses as schools, churches, libraries, parks and playgrounds and day nurseries. After due public hearing and notice as described in the procedure for such hearing, the zoning commission may approve such development upon a finding that the following conditions of fact exist:

(a)

That the tract of land on which the development is proposed contains not less than five acres.

(b)

That the average lot area per family within the site exclusive of streets, will not be less than the lot area per family required in the district in which the development is to be located.

(c)

That when desirable, provisions are made for adequate and properly located public uses such as schools, parks and playgrounds, preferably bearing the seal of a registered landscape architect.

(d)

That the property adjacent to the area proposed for development will not be adversely affected.