This chapter provides procedures and requirements for the consideration of density bonus and affordable housing agreements for the purposes specified in and as authorized by Nevada Revised Statutes. (Ord. 603, 11-1-2018)

All density bonus and affordable/attainable housing agreements filed with the County shall be in compliance with the following:

   A.   Only a qualified applicant may file an application. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the agreement, or an authorized agent of a person who has a legal or equitable interest. Where a density bonus agreement is sought for affordable/attainable housing, the applicant must submit as part of the density bonus agreement application documentation of participation in, at a minimum, one of the Federal and/or State affordable/attainable housing financial assistance program(s) as well as documentation of how the program(s) will assist in providing affordable/attainable housing. The Director may require an applicant to submit a title report or other evidence satisfactory to the department to verify the applicant's interest in the real property and of the authority of the agent to act for the applicant.

   B.   Where a density bonus or affordable/attainable housing request does not involve an existing development, the application shall be filed concurrently with all other development applications for the property.

   C.   The density bonus or affordable/attainable housing agreement may only be requested for development projects consisting of ten (10) or more dwelling units, prior to any density bonus being applied.

   D.   For the purposes of this chapter, a density bonus shall mean an increase in residential density from that otherwise allowable under the zoning (the base density) in return for provision of housing at affordable/attainable levels or development carried out in accordance with the provisions of chapters 340 through 350 of this title, where an increase in density is authorized in exchange for provision of a specific public benefit, such as limitations on floodplain development or provision of public open space or creation of an affordable housing development.

   E.   When determining the number of units which are affordable/attainable, the density bonus shall not be included.

   F.   When calculating base density or density bonus numbers, any fractional portion of a unit shall be rounded down.

   G.   For any density bonus or affordable/attainable housing agreement approved under the provisions of this chapter, the developer shall agree to ensure continued affordability of all restricted income density bonus units in compliance with the Federal or State program providing financial assistance. (Ord. 603, 11-1-2018)

   A.   An application for a density bonus or affordable/attainable housing agreement shall be made on a form provided for that purpose by the department, along with the required fee or deposit.

   B.   The application shall be accompanied by the original draft density bonus or affordable/attainable housing agreement and any other submittal materials listed on the application. The agreement shall be in the County approved form (e.g., restricted covenant or other similar form acceptable to the County) and may include the following provisions as well as any other deemed necessary by the County during review of specific proposals:

      1.   The terms and conditions of the agreement shall run with the land, which assures that the public benefit provided or certain of the units to be developed on the land will be used solely by qualified occupants as affordable/attainable housing, shall be binding upon all successors in interest of the developer unless released and terminated by the County, and shall be recorded in the Office of the County Recorder, prior to issuance of any building or grading permits for the project;

      2.   The developer shall give the County or State the continuing right-of-first-refusal to purchase or lease any or all of the designated affordable/attainable housing units at the fair market value;

      3.   The deeds to the designated units shall contain a covenant stating that the developer and his or her successors in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interest in the same without the written approval of the County confirming that the sales price of the units is consistent with the limits established for very low, low or moderate income households, which shall be related to the annual medium income ("AMI") for a family of four (4) in Lyon County, Nevada as determined by the United States Department of Housing and Urban Development ("HUD");

      4.   The County shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households.

   C.   The department may require that the developer provide additional information necessary for the Board to determine whether the density bonus agreement is consistent with the objectives of the adopted master plan and any applicable specific plan. This may include, but is not limited to, market feasibility or absorption studies for the proposed project, evaluation of conservation benefits or resource protections to be obtained. (Ord. 603, 11-1-2018)

   A.   Upon receiving a recommendation from the department on a proposed density bonus agreement, the Board shall hold a public hearing. The hearing shall be set and notice given as prescribed in chapters 9 and 10 of this title. The hearing may be continued from time to time.

   B.   Following the closing of a public hearing, the Board shall determine if the density bonus agreement is consistent with the findings contained within section 15.115.05 of this chapter. If determined to be consistent, the Board shall introduce an ordinance adopting the density bonus agreement.

   C.   Following introduction, a second reading of the ordinance adopting the agreement shall be held and based on the testimony provided at the hearing, the ordinance shall be adopted, denied or continued. (Ord. 603, 11-1-2018)

Prior to taking an action to approve or recommend approval of a density bonus or affordable housing agreement, the Board shall find as follows:

   A.   The proposed agreement is consistent with the maps and policies of the master plan and any applicable specific plan;

   B.   The proposed agreement complies with the requirements of Nevada Revised Statutes;

   C.   The granting of the proposed agreement will result in provision of housing for persons with special needs, as identified in the County's affordable housing element, or the permanent protection of natural resources or lands of significant environmental value;

   D.   Where a density bonus is proposed, that the granting of the proposed density bonus will not have an adverse impact on adjacent properties or on the general public. (Ord. 603, 11-1-2018)

The Board shall review all approved density bonus or affordable/attainable housing agreements at least once every twenty four (24) months to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. Review by the Board shall occur until the project is complete. After the project is complete, the department shall continue the ongoing review with the allowance to refer any biennial review to the Board if deemed necessary by the Director. This review process may require the submittal of an application form and materials as established by the department. Ongoing review shall cease consistent with the timeframes identified in subsection 15.115.02G of this chapter. (Ord. 603, 11-1-2018)

Any amendment to a previously-approved density bonus or affordable/attainable housing agreement shall be reviewed pursuant to the procedures outlined in this chapter for a new application. (Ord. 603, 11-1-2018)