The purpose of this Chapter is to control the rate and distribution of residential and hotel development on a year-to-year basis in the interest of advancing the public welfare by ensuring that the City is maintained as a healthy, spacious, clean, well balanced, carefully-controlled community primarily by preserving its small-town atmosphere and character and avoidance of uncontrolled and rapid growth and to accomplish that purpose by:

A.

Maintaining the City separate and distinct geographically from other communities;

B.

Emphasizing the preservation of existing open spaces and lands;

C.

Maintaining a balance and mix of housing and building types and values and thus providing a range of prices and rents in order to accommodate a variety of housing needs;

D.

Providing and maintaining parks and recreational areas;

E.

Maintaining and augmenting as needed public utilities and services without detriment to existing dwellings; and

F.

Encouraging public schools of high standards and excellence.

(Ord. 989, 11-5-1996 election)

All terms used in this Chapter are intended to have standard definitions, meanings and connotations, and are intended to be consonant with the meanings ascribed to them in other chapters of this Code, but unless otherwise required by the context, the following terms shall have the specific meanings stated in this Section:

ALLOTMENT: The assignment or grant by the City Council of a share or portion of the aggregate number of dwelling units or hotel rooms permitted to be constructed in any designated construction year, pursuant to the provisions of this Chapter.

ALLOTMENT COMMITTEE: A committee consisting of seven (7) members selected from volunteers who are registered voters in Boulder City and have filed an application to the City on a form provided by the City Clerk. The individual members shall be selected by the Mayor by withdrawing the names of the applicants from a glass container. The members shall serve for a term of two (2) years with the even-numbered seats being selected in even-numbered years and the odd-numbered seats in odd-numbered years. Four (4) members shall constitute a quorum for the conduct of all business.

CONSTRUCTION YEAR: A period of time consisting of one year commencing on July 1 and ending on June 30 of the following year.

DEVELOP: To construct a dwelling or hotel or alter a dwelling or hotel so that an increase in the number of dwellings or hotel rooms results.

DEVELOPER: The legal or beneficial owners of real property proposed as a development or project in which one or more dwellings or a hotel are constructed by the same contractor, person or entity for the sale to or use of persons or entities other than the legal or beneficial owner of the real property.

DEVELOPMENT: The act of developing a lot or subdividing a parcel of land for residential development or construction of a hotel.

DEVELOPMENT CONTROL PLAN: The scheme, program or method provided in this Chapter for construction of a dwelling or hotel.

DWELLING OR UNIT: A building, or portion thereof, designed or intended to be used exclusively for residential purposes, including "single-family", "two-family", and "multiple-family dwellings", as defined in Chapter 1 of this Code, excluding boarding or rooming houses, hotels, rest homes, or a building for any other commercial use. Each dwelling is a unit.

ENTITY: A distinct unit other than a natural person, such as a partnership, corporation, limited liability company or any other type of organization.

EXCEPTION: Developments not subject to this Chapter.

HOTEL: A building or portion thereof in which boarding or lodging are provided and offered to the public for compensation and in which ingress and egress to and from all guest rooms are made through an inside lobby or office, and, for purposes of this Chapter, shall include a motel, a building or group of buildings containing guest rooms, some or all of which house a separate entrance leading directly from the outside of the building with garages or parking spaces located on the lot and designed, used or intended wholly or partly for the accommodation of automobile transients, including motor courts, motor lodges, and tourist courts, but excluding mobile home parks, recreational vehicle parks, or travel trailer parks.

HOUSING FOR SENIORS: Dwellings designed, operated and restricted to occupancy to persons who have reached at least fifty five (55) years of age, or to family groups with at least one member who has reached such age, together with supporting staff, and the deeds of which contain restrictive covenants running with the land restricting the use thereof for thirty (30) years to those persons.

LEAPFROG DEVELOPMENTS: Development of a tract of land which is separated from developed land by one or more undeveloped tracts, requiring extension of the City's utility services and facilities beyond planned augmentation.

LOT: Any lot, parcel, tract of land, or combination thereof, shown on a plot of record or recorded by metes and bounds that is occupied or intended for occupancy by a use permitted in this Title, and having its principle frontage upon a street or upon an officially approved place.

LOW INCOME DWELLINGS: Dwellings affordable to those family households meeting the low income standards as defined by the U.S. Department of Housing and Urban Development, and the deeds of which contain covenants running with the land restricting the use thereof for thirty (30) years to those households.

OWNER/BUILDER: A person or entity, who is the owner of record of real property, and proposes to construct or constructs a single-family dwelling on that real property for the occupancy and use of that person or entity.

PARCEL: Any real property improved or unimproved or portions thereof shown on the preceding tax roll as a unit or as continuous units, which is subject to or may be divided for the purpose of sale, lease or transfer of all or any part thereof, whether immediate or future, into four (4) or less lots or parcels.

PLANNING COMMISSION: A commission established by the City Council pursuant to Article VIII of the City Charter.

SENIORS: Persons who have reached at least fifty five (55) years of age.

(Ord. 989, 11-5-1996 election)

The initial construction year shall be the fiscal year beginning July 1, 1979, and ending June 30, 1980.

(Ord. 989, 11-5-1996 election)

The provisions of this Chapter shall apply to the development of all lots and hotels within the City limits.

(Ord. 989, 11-5-1996 election)

Notwithstanding the provisions of any other ordinance or resolution, no dwelling or hotel shall be constructed, and no building permit shall be issued, unless an allotment if required has been obtained therefor in accordance with this Chapter.

(Ord. 989, 11-5-1996 election)

A.

The total number of allotments for dwellings for each construction year shall be limited to one hundred twenty (120) dwellings.

B.

The total number of allotments for hotel rooms shall be limited to thirty five (35) hotel rooms.

(Ord. 989, 11-5-1996 election)

The commitment of the City Council to grant future allotments (reservations) for dwellings to developers is limited to a total of fifty percent (50%) of the allotments or sixty (60) units for two (2) years beyond the current construction year. Applications for reservations will be reviewed by the Allotment Committee at the time of current year allotments and awarded by the City Council on the basis of the rating by the Allotment Committee pursuant to Section 11-41-10 of this Chapter. Award of reservations shall be for a specific construction year(s) and constitute allotments only for that construction year(s). Reservations are subject to cancellation by the City Council if the City Council concludes that the developer probably will not meet the subdivision and construction schedules.

(Ord. 989, 11-5-1996 election)

An application for an allotment for dwelling(s) or hotel rooms shall be made to the Planning Commission on a City application form and shall include the following documents:

A.

Site utilization map, including:

1.

Vicinity map to show the relationship of the surrounding areas and the City which may consist of a small inset map; and

2.

The site use layout map showing the extent, locations and type of proposed dwellings or hotel rooms, the nature and extent of open space and any other proposed uses.

B.

Site development plan showing:

1.

Location of proposed building on lot or parcel;

2.

Topography;

3.

Lot or parcel size;

4.

Existing and proposed building, trees, landscaping areas;

5.

Street alignments showing coordination with the City street system; and

6.

Open space, bicycle paths, equestrian trails or paths.

C.

Preliminary architectural plans showing:

1.

Typical architectural elevations;

2.

Types and numbers of dwellings or hotel structure.

D.

Preliminary landscaping plans showing the general indications of planting.

E.

Public facilities plans showing:

1.

Needed public facilities to be provided, if any, such as critical linkages to the major street system, schools; or

2.

Other vital public facilities as identified by the Master Plan, capital improvement program or special facilities plan.

F.

Development schedule showing:

1.

Proposed calendar schedule of development including phasing, if any;

2.

All applicable processes such as tentative and final subdivision maps, prezoning or rezoning, site design review and similar matters.

G.

Financial information schedule showing financial information sufficient to enable the City to determine if the developer is capable of undertaking and completing the development. Financial information may be submitted on a confidential basis to the Finance Director.

H.

Applications for required prezoning, rezoning or variances for the development must also be filed, and all filing fees shall be returned if allotments are not awarded.

I.

The foregoing requirements of subsections A and E of this Section shall not be required for "single-family dwellings", as defined in Chapter 39 of this Title.

J.

Such other information as may be reasonably required by the Planning Commission.

(Ord. 989, 11-5-1996 election)

The Planning Commission shall determine whether the proposed development conforms to the development control plan and the provisions of this Title.

A.

If the Planning Commission determines that a proposed development does not conform to the development control plan, the application shall be rejected. The applicant shall be given a written notice of such rejection within ten (10) days after the Commission's determination of the application.

B.

The applicant may appeal the decision of the Planning Commission to the City Council pursuant to the provisions of Chapter 34 of this Title.

(Ord. 989, 11-5-1996 election)

Proposed developments determined by the Planning Commission or the City Council to conform to the development control plan shall be evaluated, rated and awarded points by the Allotment Committee.

A.

All applicants for allotments or their representatives must appear before the Allotment Committee at the meeting at which their application is being evaluated and rated.

B.

Each proposed development shall be examined by the Allotment Committee to determine its effect upon City facilities and services. If the development is found to be inadequately served by public facilities or services, the application shall be rejected in writing and the reasons therefor. An appeal may be filed with the City Council under the procedures established in Chapter 34 of this Title.

C.

A review of the applications by the Allotment Committee shall consist of the following factors:

1.

The capacity of the electrical system and the City's power allocation from the U.S. Government and other sources under contract to provide for the needs of the proposed development, without system extensions beyond those which the developer agrees to provide.

2.

The capacity of the water system to provide for the requirements of the proposed development, without system extensions beyond those which the developer agrees to provide.

3.

The capacity of the sewer system to handle the wastes of the proposed development without system extensions beyond those which the developer agrees to provide.

4.

The capacity of the proposed drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions beyond those which the developer agrees to provide.

5.

The ability of the fire and police departments to provide protection according to the response standards of the city without the necessity of establishing additional stations or equipment.

6.

The capacity of the schools to absorb the children and students expected to inhabit a proposed development.

7.

The capacity of major street linkages to provide for the traffic needs of the proposed development without substantially altering existing traffic patterns or overloading the existing street system and the availability of other public facilities (such as parks and playgrounds) to meet the additional demands for vital public services, without system extensions beyond those which the developer agrees to provide.

D.

The city staff shall review the application with regard to architectural continuity and appropriateness of the area and other existing construction. This review will include, but is not limited to, color usage, landscaping, building placement and all other considerations as are deemed necessary to assure an overall conformance with purposes of this chapter.

E.

The allotment committee shall examine each application for dwellings and rate it by the award of points as stated for each factor described below and applicable to the proposed development:

1.

Architectural design quality as indicated by the architectural elevations of the proposed structures judged in terms of architectural style, size, height and innovations. (10 points)

2.

Innovative site design quality as indicated by a lot layout, orientation of units on the lots, blending of construction to the natural landscape, and similar site design considerations. (20 points)

3.

Site design quality as indicated by the amount and character of landscaping, screening and color of buildings. (10 points)

4.

Site and architectural design quality as indicated by the arrangement of the site for efficiency of circulation, on and off site traffic, safety and privacy. (20 points)

5.

Site and architectural design quality as indicated by the amount of private safety and security provided in the design of the development and in individual structures. (5 points)

6.

The provision of public and/or private usable open space. (15 points)

7.

Provision of foot or bicycle paths, equestrian trails or pathways. (5 points)

8.

The extent to which the proposed development accomplishes an orderly and continuous extension of existing development rather than leapfrog development. (15 points)

9.

The provision of needed public facilities such as critical linkages in the major street system, school rooms or other vital public facilities. (15 points).

F.

The allotment committee shall examine each application for a proposed hotel and rate it by award of points for each factor described below and applicable to the proposed development:

1.

Architectural design quality as indicated by the architectural elevations of the proposed structures judged in terms of architectural style, size, height, and innovations. (10 points)

2.

Innovative site design quality as indicated by the lot layout, orientation of the building (s) on the lot, blending of construction to the natural landscape, and similar design considerations. (15 points)

3.

Site design quality as indicated by the amount and character of landscaping, screening, and color of building(s). (10 points)

4.

Site and architectural design quality as indicated by the arrangement of the site for efficient traffic circulation, on and off site traffic, and safety. (15 points)

5.

Design quality as indicated by the provision for the privacy, safety and security of guests. (10 points)

6.

The provision for usable open space. (10 points)

7.

The provision for concierge services. (5 points)

8.

The provision for meeting rooms. (5 points)

9.

The provision for on site restaurant facilities. (15 points)

10.

The provision for on site weight room, spa, exercise room and equipment, or similar facilities. (5 points)

11.

The provision for a swimming pool, indoors or outdoors. (10 points)

12.

The extent to which the proposed development accomplishes an orderly and continuous extension of existing development rather than leapfrog development. (10 points)

13.

The provision of needed public facilities such as critical linkages to the major street system. (10 points)

G.

Each applicant's final score or rating will consist of the total points awarded, divided by the total maximum points possible, with the quotient being the rating shown as a percentage calculated to the nearest one thousandth of a percent (0.001%).

(Ord. 989, 11-5-1996 election)

A.

The allotment committee shall notify each applicant of the rating awarded in writing within seven (7) days after the evaluation by the committee.

B.

Applications receiving a rating below seventy percent (70%) by the allotment committee shall be forwarded to the city council with a recommendation that the allotments not be awarded, and if the city council concurs with the recommendation, the allotments shall be denied.

C.

Within fifteen (15) days of the receipt of the evaluation or rating from the allotment committee, the city council shall schedule a date for the awarding of the allotments, but such date shall be scheduled no later than six (6) months from the receipt of the evaluation report rating from the allotment committee, or June 30 of the current construction year, whichever date is earliest, unless an appeal is filed, in which case the time period of the city council is extended to fifteen (15) days after disposition of the appeal.

D.

Allotments shall not be awarded for more than thirty (30) dwellings for a single development in a construction year. A "single development" is defined to include two (2) or more real properties adjacent to each other and owned, legally or beneficially, by a person or entity, or any combination thereof, which has a common ownership interest, legal or beneficial, of more than ten percent (10%) in each such property. In addition, the developer(s) must demonstrate that the developments in question are distinct and separate from each other in terms of density, housing types and design. The developer(s) shall also have the burden of proof of establishing the absence of common owner legal or beneficial interests described herein, and that said proposed developments do not violate the intent of this section.

E.

If an applicant desires reservation of future years' dwelling or hotel allotments, the applicant may apply to the allotment committee for such reservations subject to sections 11-41-6 and 11-41-7 of this chapter. The reserved dwellings or hotel rooms shall be considered allotments for the construction year for which the reservations are granted and subject to such other conditions as the city council may impose. No developer may obtain more than a total of ninety (90) dwelling units or reservations for dwellings or a combination thereof.

F.

If no applicant is eligible for an allotment award, the available allotments shall be rescinded.

G.

An application containing misleading, disguised, or erroneous information with an intent to circumvent this chapter shall be rejected.

(Ord. 989, 11-5-1996 election)

The city clerk shall place the appeals to the city council on the agenda for the next regular city council meeting. The decision of the city council shall be final and conclusive.

(Ord. 989, 11-5-1996 election)

The planning commission shall review, on a monthly basis, a report by the city manager or designee on each proposed development having an allotment award to determine whether satisfactory progress is being made with the implementation of the approved plans. Allotments awarded will be automatically rescinded if the building permit for the proposed development expires, or if no building permit is applied for and issued within one year of the award of the allotments. All allotments awarded prior to the effective date of this Chapter shall likewise be rescinded if no building permit has been issued within one year of the effective date hereof.

(Ord. 989, 11-5-1996 election)

The following proposed developments are excepted from the provisions of this Chapter:

A.

Dwellings proposed to be constructed for or constructed by owner/builders are exempt from the application and allotment process, but each such dwelling upon issuance of a building permit shall be counted as part of the total allotment awarded for the construction year involved. This exception shall be limited to one dwelling by each owner/builder for a three (3) year period commencing from the issuance of the building permit. Thirty (30) allotments for dwellings shall be reserved for owner/builders for the first six (6) months of each construction year. Owner/builder applications which exceed the thirty (30) units reserved, or which are filed in the second half of the construction year, shall receive an allotment if any are available. If no allotments are available for that construction year, the owner/builder will receive a reservation for the next construction year.

B.

In any one construction year, a number of low income dwellings or dwellings for seniors, not to exceed fifty (50) dwellings in a five (5) year period, shall be excepted from the allotment process and shall not be counted or included as part of the total number of allotments for that construction year or for any construction year in the five (5) year period.

(Ord. 989, 11-5-1996 election)

The provisions of this Chapter shall not apply to residential lots existing as of the effective date hereof, regardless of existing or subsequent ownership.

(Ord. 989, 11-5-1996 election)

The Ordinance codified herein shall be effective and considered adopted as provided in chapter 295 of Nevada Revised Statutes, i.e., upon certification of the election results if the majority of the registered voters vote in favor of this initiative.

(Ord. 989, 11-5-1996 election)

Should any word, phrase, paragraph or other portion of this Chapter be found by any competent judicial or other authority to be illegal or invalid, that portion shall be severed and the remainder of the Chapter will remain valid and in full force and effect.

(Ord. 989, 11-5-1996 election)