Certain applications under Chapter 19.16 for the development or maintenance of affordable housing shall be eligible for density bonuses, height bonuses and financial incentives (or a combination thereof) as are authorized by NRS 278.235 and described in this Chapter. The administration and enforcement of the density bonus, height bonus and financial incentive provisions of this Chapter is intended to be a coordinated effort between the Director of Community Development and the Director of Neighborhood Services, including their respective designees.

Effective on: 1/1/1901

The density bonus, height bonus, and financial incentive provisions of this Chapter apply only to residential or mixed-use projects to be located on property whose General Plan category or zoning classification is described in Section 19.17.030. In addition, no project is eligible for a density bonus or financial incentive unless:

1. A.
   The project qualifies under the affordable housing criteria described on Section 19.17.030; and
2. B.
   The developer of the project complies with the application and document-related requirements of Section 19.17.040.

Effective on: 1/1/1901

In order for an affordable housing project to qualify for a density bonus, height bonus, or financial incentive under this Chapter, the affordable housing dwelling units must meet all of the following:

1. A.
   The minimum criteria for such a bonus or incentive as described in Sections 19.17.070 to 19.17.090, inclusive; and
2. B.
   In addition, the following minimum criteria and requirements:

   1. 1.
      The creation of a written document regarding the property that details the bonuses and incentives for the property, as well as applicable affordable housing requirements. The document must be recorded against the property and transferred to any future purchaser of the property at point of sale.
   2. 2.
      The property owner and any management company must keep all records of rental agreements and property sales, and provide copies to the City in a timely manner upon request.
   3. 3.
      All dwelling units available for sale or for rent must retain the same affordable housing status that qualified them for bonuses or incentives for a term of at least thirty years, commencing from the date of the issued certificate of occupancy.
   4. 4.
      To the extent practicable, dwelling units qualifying as affordable housing must not be clustered or concentrated within a multi-unit building or within the building site.
   5. 5.
      Dwelling units qualifying as affordable housing shall be of the same building materials and finishes and have no other physical characteristics that would distinguish their appearance from the project's non-affordable housing dwelling units.
   6. 6.
      Dwelling units qualifying as affordable housing shall be of comparable quality to similar market rate units in terms of features, layout, number of bedrooms and bathrooms, and square footage.

Effective on: 1/1/1901

1. A.
   In order to apply for one or more bonuses or incentives under this Chapter, a developer shall complete an application therefor (an "Incentive Application") as part of or in connection with an applicable land use application under Chapter 19.16. The developer must also submit an appropriate agreement (the "Binding Agreement") to obligate the developer regarding its good faith commitments to provide affordable housing under this Chapter. The developer's signature on the Binding Agreement must be acknowledged by a notary.
2. B.
   Upon receipt and review of a completed Incentive Application and Binding Agreement, as well as verification of affordable housing criteria, assigned City staff will determine what bonuses and incentives, if any, are to be offered to the developer. For a developer to whom bonuses or incentives are to be offered, the Director will issue a letter verifying that applicable requirements have been met and referencing the bonuses or incentives that are to be offered the developer, subject to final approval by the Planning Commission or City Council, or both, as may be applicable. In each case where bonuses or incentives are approved, the approval will specify the timing for making the bonuses or incentives available, whether issued by the City for construction or after a certificate of occupancy has been issued.
3. C.
   As a condition of the approval of a bonus or incentive, the developer must agree to all preconstruction reviews and post-construction verification and compliance by City designated staff. Thereafter, the developer and the City will finalize the execution and recordation of the Binding Agreement.

Effective on: 1/1/1901

1. A.
   Projects for which bonuses or incentives have been provided shall be constructed in accordance with plans either as they were approved in connection with the Incentive Application, or with modifications that are minor and would not negate, invalidate, prohibit or significantly limit the project's contribution to the provision of affordable housing.
2. B.
   Any violation of the Binding Agreement by the developer or its successor shall constitute a violation of the corresponding section of this Chapter as well as a contractual violation. Without limiting the scope of such violations, examples of such violations include the failure to provide the number and type and character of affordable dwelling units as agreed; the failure to provide to the City information regarding rent affordability; and the failure to meet the minimum thirty-year affordability requirement.
3. C.
   Upon verification by the Director of Neighborhood Services that a violation of a Binding Agreement has occurred, the City may invoke any of the remedies and penalties specified in the Binding Agreement, which may include, but are not limited to: forfeiture or repayment of any monetary incentives provided by the City; revocation of the property's certificate of occupancy; revocation of a business license; imposition of fines; criminal or civil liability, or a combination thereof.

Effective on: 1/1/1901

For any project seeking bonuses or incentives for affordable housing units under this Chapter, the Department will:

1. A.
   Prioritize the review of entitlement applications, permits and related plans; and
2. B.
   Waive for the developer the fees for on express plans check.

Effective on: 1/1/1901

A project seeking a density bonus under this Chapter is eligible for a bonus determined in accordance with Table 1 below, taking into account the applicable zoning district and the percentage of affordable housing units proposed. The density bonus allowable refers to the number of units to be allowed in excess of the number otherwise permitted by the General Plan.

Effective on: 1/1/1901

A project seeking a height bonus under this Chapter is eligible for a bonus determined in accordance with Table 2 below, taking into account the applicable zoning district and the percentage of Affordable Housing units proposed. The height bonus allowable refers to the additional height to be allowed in excess of the height otherwise permitted by the General Plan or applicable zoning district. Nothing in the preceding two sentences, however, shall be deemed to authorize additional heights that would exceed the height limitations on an applicable overlay district or conflict with applicable residential adjacency standards.

(Ord. 6875 §2, 07/17/24)

Effective on: 1/1/1901

A project seeking financial incentives under this Chapter in the form of fee reductions is eligible for the fee reductions set forth in Table 3 below, subject to approval by the City Council after considering the recommendations of the Director of Community Development and the Director of Public Works. Fee types that might be subject to reduction include development-related fees under Title 19, building permit fees, and impact fees. Director recommendations and Council action shall take into account the applicable General Plan category and zoning district. The total amount of fee reductions for all qualified projects for any particular fiscal year shall not exceed the limit for such fee reductions that has been established by the City Council for that fiscal year.

Effective on: 1/1/1901

1. A.
   At least once per fiscal year, and at a public meeting, the City Council shall determine a total amount and type or portion of permit fees and impact fees that may be reduced as described in Section 19.17.090. Action taken by the City Council pursuant to this Subsection (A) shall be in consultation with the City Manager and the Directors of Community Development and Public Works, and shall take into account any recommendations of the Building and Safety Enterprise Fund Advisory Committee.
2. B.
   In taking action pursuant to Subsection (A), the City Council shall:

   1. 1.
      Take into account the effect of the reduction of building permit fees on the economic viability of the City's General Fund and the economic viability of any affected enterprise fund; and
   2. 2.
      Make a determination that the reduction of building permit fees to be authorized under Section 19.17.090 for the applicable period will not impair adversely the ability of the City Council to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from such fees was pledged.
3. C.
   Action taken pursuant to this Section shall be subject to all applicable limitations and requirements of NRS 278.235.

(Ord. 6826 §3, 01/18/23)

Effective on: 1/1/1901