14-2A-7: SPECIAL PROVISIONS:
   A.   Single-Family Density Bonus Options: For detached single-family dwellings and detached zero lot line dwellings, the following density bonuses are allowed in the following zones and under the following conditions:
      1.   RS-5 zone: If vehicular access to garages and off street parking spaces is restricted to an alley or private rear lane, then the following modifications to dimensional requirements are allowed:
         a.   The minimum lot width may be reduced to forty five feet (45') and the minimum lot frontage may be reduced to thirty feet (30');
         b.   The minimum lot size and lot area per unit may be reduced to five thousand (5,000) square feet; and
         c.   The minimum front setback may be reduced to ten feet (10'), if utilities are also located along the alley or private rear lane and the first floor elevation is at least thirty inches (30") above the grade of the adjacent public sidewalk.
      2.   RS-8 zone: If vehicular access to garages and off street parking spaces is restricted to an alley or private rear lane, then the following modifications to dimensional requirements are allowed:
         a.   The minimum lot width may be reduced to forty feet (40') and the minimum frontage to twenty five feet (25');
         b.   The minimum lot size and lot area per unit may be reduced to four thousand (4,000) square feet; and
         c.   The minimum front setback may be reduced to ten feet (10'), if utilities are also located along the alley or private rear lane and the first floor elevation is at least thirty inches (30") above the grade of the adjacent public sidewalk.
      3.   RS-12 and RNS-12 zones: If vehicular access to garages and off street parking spaces is restricted to an alley or private rear lane, then the following modifications to dimensional requirements are allowed:
         a.   The minimum lot width may be reduced to thirty feet (30') and the minimum frontage to twenty feet (20');
         b.   The minimum lot size and lot area per unit may be reduced to three thousand (3,000) square feet; and
         c.   The minimum front setback may be reduced to ten feet (10'), if utilities are also located along the alley or private rear lane and the first floor elevation is at least thirty inches (30") above the grade of the adjacent public sidewalk.
   B.   Historic Preservation Exceptions:
      1.   The Board of Adjustment may grant a special exception to waive or modify any dimensional or site development standards listed in this article or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this title that would prevent use or occupancy of a property located in a Historic District Overlay (OHD) or registered on the national register of historic places. In addition to the general special exception approval criteria set forth in chapter 4, article B of this title, the following approval criteria must be met:
         a.   The modification or waiver will help preserve the historic, aesthetic, or cultural attributes of the property;
         b.   The applicant must obtain a certificate of appropriateness from the Historic Preservation Commission.
      2.   The Board of Adjustment may grant a special exception to allow a property located in a Historic District Overlay (OHD) or registered on the national register of historic places to be adapted and reused as a community service use, specialized educational facility, or hospitality oriented retail use. In addition to the general special exception approval criteria listed in chapter 4, article B of this title, the applicant must also meet the following criteria in order for the Board to grant this exception:
         a.   The exception is necessary to preserve the historic, aesthetic, or cultural attributes of the property.
         b.   The applicant must obtain a certificate of appropriateness from the Historic Preservation Commission.
   C.   Special Provisions In Neighborhood Stabilization Residential Zone:
      1.   At the time a property is rezoned to neighborhood stabilization residential (RNS-12), any uses that were conforming with regard to use and minimum lot area per unit requirements under the previous zoning designation shall be considered conforming with regard to use and minimum lot area per unit requirements under the neighborhood stabilization residential zone. Any building containing a conforming use may be torn down and rebuilt to its present density or to the allowed density in the neighborhood stabilization residential zone; provided, that it conforms to all other provisions of this title.
      2.   The special provision described in subsection C1 of this section does not exempt a property from compliance with other relevant dimensional standards, site development standards, use regulations, or any subsequent amendments to this title that pertain to the property.
   D.   Two-Family Uses And Attached Single-Family Dwellings In RS-8 Zone: Existing two-family uses and attached single-family dwellings located on interior lots in the RS-8 zone that were conforming with regard to use and minimum lot area per unit requirements as of December 27, 2005, shall be considered conforming with regard to use and minimum lot area per unit requirements regardless of location. Any building containing a conforming use may be torn own and rebuilt to its present density or to the allowed density in the RS-8 zone; provided, that it conforms to all other provisions of this title. This provision does not exempt a property from compliance with other dimensional standards, site development standards, use regulations, or any subsequent amendments to this title that pertain to the property.
   E.   Sustainability Density Bonus: The minimum lot size or minimum lot area per unit may be reduced by ten percent (10%) of the applicable requirement for each of the following provisions that is met, up to a maximum of twenty-five percent (25%). This bonus may be used in conjunction with subsection 14-5A-4F10 (Sustainability Parking Reduction).
      1.   A solar energy system is installed onsite where the size is equal to forty percent (40%) of the surface area of the roofs of all buildings.
      2.   All uses within the development utilize electricity for one hundred percent (100%) of their regular energy consumption after construction.
      3.   All buildings within the development are constructed to the most current edition of the International Energy Conservation Code standards published by the International Code Council.
   F.   Affordable Housing Bonus: Residential uses are eligible to utilize affordable housing bonuses pursuant to Article 14-4F, "Affordable Housing". (Ord. 05-4186, 12-15-2005; amd. Ord. 22-4884, 8-2-2022; Ord. 23-4893, 1-24-2023; Ord. 23-4914, 11-6-2023)