1. Notwithstanding anything contained in Sections 602 or 705 of the IBC and Section R302 of the IRC, an exterior wall may be constructed with openings without complying with the requirements of such sections related to opening protection; provided, that before a building permit is issued which permits an exterior wall to be so constructed, the owner of the building shall furnish the Building Official with either:
A. A copy of an easement or covenant running with the land applicable throughout the existence of the proposed building in which those with interests in the property abutting the side of the property on which said exterior wall is to be constructed agree not to construct a wall set forth in said Sections 602, 705 or R302 which would require said exterior wall and said building on such abutting property to have the opening protection of said Sections 602, 705 or R302 which copy shall show the book and page where such document has been filed of record in the office of the Polk County Recorder; or
B. An agreement, in a form capable of being filed of record in the office of the Polk County Recorder, for the benefit of those with interest in the abutting property, by which the owner of the building and the owner of the property on which said building is to be built, jointly and severally agree, on behalf of themselves and their successors and assigns for so long as said building is in existence, that, in consideration for being permitted to building an exterior wall on said building without complying with said Sections 602, 705 or R302 at such time as a building is erected on the abutting property within the distances to said exterior wall contained is said Sections 602, 705 or R302 then they shall modify or rebuild said exterior wall to conform at least to the requirements of said Sections 602 and 705 applicable to the actual separations of the building; said agreement shall be recorded at the expense of the applicant for the building permit.
2. Notwithstanding anything contained in Section 602 or 705 of the IBC and Section R302 of the IRC, an exterior wall may be constructed with openings adjacent to a public street or alley right-of-way without complying with the requirements of such sections related to opening protection, provided the following conditions are each satisfied:
A. The setback between the exterior wall and the far side of the adjoining public right-of-way must conform at least to the requirements of such sections 602, 705 or R302 applicable to the actual separation of building.
B. The City Council has by resolution declared an intent to permanently maintain the adjoining right-of-way as a public street or alley, and to never permit a structure to be constructed or placed upon the right-of-way within the required separation from the exterior wall. The resolution shall specifically describe the affected right-of-way and shall be in a form that can be recorded and indexed into the records of the county recorder.
C. The owner of the building has furnished a copy of the City Council resolution described above, which copy shall show the book and page where such document has been filed of record in the office of the county recorder.