A. 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 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.
B. Special Provisions In Neighborhood Stabilization Residential Zone:
1. At the time a property is rezoned to neighborhood stabilization residential (RNS-20), 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 B1 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.
C. Elder Apartment Housing Density Bonus Option:
1. In the RM-12, RM-20, RM-44 or PRM zones, “elder apartment housing”, as defined in this title, may be granted a density bonus not to exceed twenty five percent (25%) of the maximum number of units otherwise permitted in the applicable zone, provided that:
a. The development is intended for use and occupancy by elders and/or persons with disabilities;
b. All individual dwelling units and any communal space must be handicap accessible, as defined in the Iowa administrative code section 661-302.20;
c. No more than ten percent (10%) of all individual dwelling units can contain more than two (2) bedrooms;
d. Prior to issuance of the building permit, the owner must submit an affidavit to the city that all individual dwelling units will be reserved for and occupied by elders and/or persons with disabilities; and
e. Owners shall maintain a valid rental permit, unless the use is licensed by the state of Iowa.
2. The city reserves the right to inspect the elder apartment housing to verify compliance with these provisions.
D. 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.
E. 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. 11-4456, 11-22-2011; Ord. 22-4884, 8-2-2022; Ord. 23-4893, 1-24-2023; Ord. 23-4914, 11-6-2023)