This chapter shall be known and may be cited as the "Reno subdivision ordinance." Its purpose is to safeguard the public health, safety, convenience, and general welfare and to bring about an orderly, coordinated development of the area by establishing minimum requirements for any subdivision hereafter platted in the incorporated area of the city. The regulations herein set forth are authorized by NRS Chapter 278.

(a)

This chapter shall apply to all divisions, subdivisions, and re-subdivisions of land in the City of Reno, and all other lands the City may have control over under NRS Chapter 278, except as may be exempted according to Nevada law, this chapter, or this Title. The term "subdivision" has the meaning ascribed to it in Chapter 18.09 Rules of Construction and Definitions.

(b)

Development in a Planned Unit Development (PUD) District or Specific Plan (SPD) District is also subject to the subdivision standards in this chapter unless otherwise modified or varied through the PUD or SPD approval process.

It is unlawful for any individual, firm, association, corporation, or partnership, as principal or agent, to sell or cause or permit to be sold any portion of any subdivision of land within the meaning of this chapter prior to the recording of the final plat in the Office of the County Recorder.

The provisions of these regulations shall be held to be minimum requirements only, and are not intended to repeal, abrogate, annul, or in any manner interfere with any existing covenants or rules; however, where these regulations impose a greater restriction than is required by such existing covenants or rules, the provisions of these regulations shall govern.

In conjunction with the approval of a land division, the Planning Commission may recommend and the City Council may approve exceptions to strict conformance with the requirements of this chapter or with the street and utility development standards in Chapter 18.04 Article 5, Streets, Utilities, and Services, and substitute specific requirements as outlined in the plans and specifications submitted by the applicant. Exceptions may be granted upon the applicant's showing that strict compliance is impractical or impossible and when, taking into consideration the overall environmental impact or aesthetic values of public or private improvements, the City Council finds that the public interest will be served thereby. Nothing contained in this section shall be construed to authorize departure from construction specifications contained in this Title applicable to improvements actually constructed or installed.

Maps for industrial or commercial development, in accordance with NRS Section 278.325, shall be required to process all records of survey and pay all fees per this Chapter.

All subdivisions and parcel maps subject to this chapter shall comply with the zoning and general development standards set forth in this Title, including:

(a)

The requirements for the zoning district(s) in which the subdivision is located, as stated in Chapter 18.02 Zoning Districts.

(b)

Requirements applicable to specific uses proposed for the subdivision, as stated in Chapter 18.03 Use Regulations; and

(c)

All generally applicable development and design standards stated in Chapter 18.04 Development Standards.

All subdivisions shall comply with the requirements for improvements stated in Chapter 18.04Article 12, Improvement Standards for New Development, and the following general standards:

(a)

Dedications of land for streets, alleys, or other public ways shall be consistent with the adopted Master Plan and elements thereof, unless otherwise required by the City. Additional areas may be required based on the subdivision design and intended use.

(b)

Dedications of land for public parks, open space, and recreation facilities shall be consistent with the recommended usage and location shown in the adopted Master Plan and elements thereof, unless otherwise approved by the City.

(c)

Public easements for major drainage facilities, streams, or creeks shall be dedicated in an amount and location consistent with the proposed character of the subdivision.

(a)

All lots shall provide an area not less than the areas required by applicable zoning district provisions.

(b)

No lot shall be divided by a city-county boundary line.

(c)

Side lot lines, where practical, shall be at approximate right angles to the street upon which the lot fronts.

(d)

Parcels designated as common area are exempt from minimum lot size requirements.

(Ord. No. 6692, § 1(Exh. A), 1-8-25)

Public and private streets, rights-of-way, and collective driveways in all subdivisions and other developments shall be designed in accordance with the Public Works Design Manual.

(a)

To provide for the housing needs of all economic segments of the community, the City Council establishes this article to regulate condominium housing, as follows:

(1)

To ensure a reasonable balance of rental and ownership housing in the city and a variety of individual choices of tenure, type, price and location of housing;

(2)

To maintain the adequate supply of rental housing for low and moderate-income persons and families;

(3)

To reduce and ease the impact of displacement of long-term residents, senior citizens, families with children, and those citizens who may be forced to move due to condominium conversion;

(4)

To encourage the goal of owner-occupied housing;

(5)

To protect the great financial investment of citizens who purchase condominiums by requiring developers to disclose the necessary information upon which prospective condominium purchasers can base their decisions;

(6)

To protect the lives, health, safety, and possession of citizens who purchase condominiums.

(b)

The City Council recognizes that condominiums are a unique form of high population density property ownership and have their own attendant problems and advantages. Therefore, pursuant to NRS Section 117.110, it is the express purpose and intent of the City Council to address and provide for the uniqueness of condominiums and treat them differently from similar structures.

All residential condominiums shall conform to the following physical standards:

(a)

Building and Fire Regulations All condominiums and common areas of any condominium project shall comply with the city building and fire codes, as found in Titles 14 and 16, in effect on the date a building permit is filed for construction of new condominiums or on the date an application is filed for condominium conversion projects.

(b)

Utilities

(1)

Electrical Each unit shall have a separate electrical service. A common electrical system may be installed provided the City building department finds that the common electrical system is submitted by a state-registered electrical engineer and provides adequate service to the condominiums. Each unit shall be provided with separate disconnects and ground fault interrupters.

(2)

Gas If natural gas is used in the condominium project, each unit shall have a separate gas service. A common gas system may be installed provided the City building department finds that the common gas system can adequately serve the condominiums, and each unit is provided with a separate gas shutoff valve.

(3)

Heating and Air Conditioning Each unit shall have a separate environmental system. A common environmental heating and cooling system may be installed provided the city building department finds that the common system can adequately serve the condominiums and complies with the following:

a.

Automatic shutoffs in the circulating air ducts shall comply with Title 14, Buildings and Construction.

b.

All air handling ducts are provided with fire dampers at each fire wall and the ceiling of a fire resistive floor ceiling assembly, and the fire rated corridor walls.

c.

The system is submitted by a state registered mechanical engineer.

(4)

Sewer Each unit shall have separate sewer service. A common sewer line may be installed provided the City building department finds that a common sewer system can adequately serve the condominiums, and the system is submitted by a state-licensed engineer.

(5)

Water Each unit shall have a separate water service. A common water system may be installed provided the City building department finds that a common water system can adequately serve the condominiums, and the system is submitted by a state-licensed engineer. New condominium projects or conversion condominium projects constructed after June 28, 1980, shall have separate water shut-off valves for each unit. Conversion condominium projects constructed prior to June 28, 1980, may have separate water shut-off valves for each unit.

(6)

Utility System Compliance Utility systems for townhouses shall comply with Title 14, Buildings and Construction.

Condominium projects should represent a comprehensive, integrated design which provides open space, and the subtleties and amenities associated with contemporary home ownership. All owners of units in a condominium project shall have an undivided ownership interest in the common areas and amenities.

(a)

Rental multi-unit housing shall not be converted into condominiums if the vacancy rate for rental multi-unit housing is lower than five percent as determined pursuant to subsection (b) of this section per category. A conversion which causes the vacancy rate to fall below five percent for that category shall not be permitted. The vacancy rate for each category is to be figured separately.

(b)

For the purposes of this chapter, two categories of rental multi-unit housing are created. The categories are to be separated in the following manner:

(1)

The division between the two categories will be based on the dollar value of 25 percent of the median income (figured on a monthly basis) of a household in the county as established by HUD.

(2)

Rental multi-unit housing projects with average rents equal to or below this dollar value figure shall be in one category and rental multi-unit housing projects with average rents above this dollar value figure shall be in the second category.

(3)

To be eligible to convert in either category, the average rent of all the units shall have been in one category for one year prior to date of application to convert. A developer shall attach to their application to convert substantiation of rents collected for the year prior to application in the form of accounting records, such as income tax returns or a statement by a certified public account licensed in the state.

(c)

Rental multi-unit housing may be converted into condominiums even if the vacancy rate for the category in which the project falls is less than five percent, if 70 percent of the tenants residing in the rental housing project sign a statement approving of the conversion to condominiums.

(d)

No application for a condominium conversion shall be accepted by the city unless the vacancy rate, as determined by this section, permits conversion; or unless the condominium conversion project falls within the exception of subsection (c) of this section. A condominium conversion project application once approved shall not be later disapproved because of a subsequent change in the vacancy rate.

(a)

Notice of public hearing shall be given to each tenant a minimum of ten days prior to the public hearings before the Planning Commission and City Council, respectively, at which the condominium conversion is to be considered.

(b)

The developer shall send out both notices of public hearings on a form to be provided by the Planning Commission. Attached to each notice of public hearing shall be the rental history of the tenant's unit for one year immediately past or for the tenant's period of occupancy; whichever is shorter. The developer shall submit to the Planning Commission and the City Clerk, a list of the persons and addresses to whom the respective notices of public hearing were sent. Each list shall be certified by the developer under penalty of perjury that the list is accurately complete and that the notices were sent, as required.

(a)

A developer of a conversion condominium project shall serve notice of sale in the manner required by Section 18.06.305, Notice to Tenants of Public Hearing, not less than 90 days before requiring a tenant to vacate. The 90-day period shall be calculated as follows: Notice of intent to sell shall not be given until after the City Council approval of the tentative map. The first day of the 90-day period shall be the date the tenant receives the notice of intent to sell.

(b)

A developer may terminate a tenancy for cause as defined by NRS Section 118A.060, at any time within the 90-day period.

(c)

Any tenant with more than 30 days remaining on a lease who receives a notice of an intent to sell shall at any time after receipt of such notice have the right to terminate such lease with 30 days written notice to the developer. Such termination shall be without penalty or other termination charge to the tenant.

(d)

A developer shall not increase the rents or fees payable by a tenant at any time during the 90-day period; except:

(1)

A developer may increase the rent of rental multi-unit housing when the rent of such housing includes utilities and the utility costs are increased by the public utility, but the increase in rent shall be no greater than the increase in utility rates; and/or

(2)

A developer may increase the rent of rental multi-housing when property taxes are increased, but the increase in rent shall be no greater than the proportionate increase in taxes.

(e)

If a tenant or any member of a tenant's family residing with the tenant, as appears on the rental agreement, if any, is 62 years of age or older, or suffers from a physical or mental handicap or disability, as defined by NRS Chapter 615, or has two or more children under the age of 18 years, the tenant shall be entitled to remain in tenancy an additional 60 days in addition to the 90-day notification period.

(f)

The developer shall have reasonable access to the rental unit during the 90-day period.

(1)

A tenant in a conversion condominium project shall not unreasonably withhold consent to the developer to enter the unit in order to inspect the premises, make necessary or agreed repairs, supply necessary or agreed services, or show the unit to prospective or actual workmen or purchasers in accordance with subsection 18.06.307(f)(3). The developer shall not abuse the right of access. Except in case of emergency, or unless it is impracticable to do so, the developer shall give the tenant at least a 24-hour notice of their intent and may enter only at reasonable times.

(2)

A developer shall not undertake remodeling for conversion of a unit while it is occupied by a tenant without the consent of the tenant. A developer shall not create any disruption in the common areas inconsistent with good building practices, nor unreasonably restrict access thereto, nor interfere with the quiet use and enjoyment of the premises at times other than normal week-day business hours.

(3)

An occupied unit of a conversion condominium project may be shown by a developer to actual or prospective workers or purchasers during the last 30 days of the 90-day period or during the last 30 days of a period of tenancy.

The developer shall provide moving expenses in the sum of $350.00 to any tenant who relocates from the building to be converted after receipt of notification from the developer of their intent to sell except when the tenant has given notice of their intent to move prior to receipt of notification from the developer of their intent to sell. The developer shall pay the moving expenses on or before the date of vacation by the tenant or subtenant.

(a)

With the notice of sale provided for in Section 18.06.306, Notice of Intent to Sell, the developer shall deliver to each tenant whose unit is to be offered for sale, a firm offer of sale for the unit that the tenant occupies. For 30 days from the date of delivery of the offer, the tenant shall have the exclusive right to purchase their unit or until tenant vacates, whichever occurs first.

(b)

Upon acceptance by a prospective purchaser, tenant or subtenant and the signing of the offer of sale, the earnest money shall be deposited by the developer immediately in an escrow account with a land title company licensed by the state, to be released to the developer only upon close of escrow.

(c)

For a period of 60 days following the rejection of the offer by the tenant, the developer shall not offer the unit for sale to any other person on more favorable terms without giving the tenant the right of first refusal. This right of first refusal given to the tenant shall exist for a minimum of 15 days.

(d)

Any tenant who exercises their purchase rights under this section forfeits the moving expenses provisions of Section 18.06.307, Moving Expenses.

The developer of a conversion condominium project shall submit a physical elements report with the final parcel or subdivision map. The report shall be prepared by a state licensed architect or engineer, shall be approved by the appropriate reviewing agencies, and shall include, but is not limited to, the following:

(a)

A report detailing the structural condition of all elements of the property including foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, elevators, appliances, and insulation.

(b)

Regarding each such element, the report shall state, to the best knowledge or estimate of the person who prepares the report, when such element was built; the age of mechanical equipment and appliance element; the condition of each element; when said element was replaced; and any modification of the physical condition of said element from the current zoning and from the city housing code and city building code in effect. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

(c)

A statement of repairs and improvements to be made by the developer necessary to refurbish and restore the project to achieve a high degree of appearance and safety, and compliance with the city fire and building codes in effect at time of conversion.

(d)

The developer shall bring all defects and inadequacies into compliance with Section 18.06.302, Specific Physical Standards.

(e)

As repairs and improvements are made, the developer shall prepare and submit amended physical elements reports at 60-day intervals.

(a)

A true and correct copy of all covenants, conditions, equitable servitudes, and deed restrictions shall be given to each prospective purchaser of a unit and shall be attached to the developer's final subdivision or parcel maps upon recordation.

(b)

The developer shall attach to the final subdivision for parcel maps a copy of cost projections, along with the basis used for arriving at those cost projections, for: liability and fire insurance of the common areas and condominium structures, utilities, use, maintenance and repairs for the common areas. A true and correct copy of all cost projections required in this subsection shall be given to each prospective purchaser of a unit.

(c)

If common or non-individual unit utility metering systems are used in the condominium project, the developer shall attach to their final subdivision or parcel map the method or plan by which utility costs are to be assessed to unit owners. A true and correct copy of the method or plan required by this subsection shall be given to each prospective purchaser.

(d)

The covenants, conditions, equitable servitudes, and deed restrictions shall provide for solid waste and garbage collection procedures and facilities.

There shall be no clause in the sales contract between the developer and the prospective purchaser of a unit that would create an exclusive sales agreement with the developer or any real estate agent as to the subsequent sale of the unit. Any condominium owner shall have the right to decide what agent, if any, shall be used in the subsequent sale of a unit.

Once a majority of units in a condominium project have been sold, and once the association and council of co-owners has been established, the association and council of co-owners shall have the right to choose and hire any condominium manager, if any, it wishes.

The developer of a condominium project shall post security (performance bond, letter of credit, latent defects bond, contractor's control account, escrow account, etc.) in the manner and amount to be determined at the time the conditional use permit is approved by the City Council. The security shall cover latent defects. The security shall extend for one year from the date of sale of a unit by the developer, and for one year from the date of sale of the last unit for common areas, elements, and amenities.

(a)

Any person who willfully violates any provision of this article, or who willfully makes or allows to be made untrue or misleading statements of material fact, or who willfully fails to state any fact required to be stated therein shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not more than $500.00 or imprisonment for a period of not more than six months, or both.

(b)

Nothing herein shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing an appropriate complaint with a court of law or equity.