Douglas County District Attorney
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Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Appendix A
Appendix B
Appendix C
Appendix D (Sewer Facilities and Non-Residential Wastewater Discharge Ordinance)
Appendix E (Backflow and Cross-Connection Control Ordiance)
Appendix F (Water Facilities)
20.01 General Provisions; Consistency with Master Plan; Right to Farm
20.02 Development Permits
20.04 Application Process and Official Filing Date
20.06 Decision by the Director
20.08 Review by Advisory Body
20.10 Review and Decision by Planning Commission
20.100 Public Facilities and Improvement Standards
20.12 Review and Decision by Board of County Commissioners
20.14 Conditional Approval
20.20 Notice Provisions
20.200 Surveys
20.220 Installing Utilities Underground
20.24 Public Hearing Procedures
20.28 Post Decision Proceedings
20.30 Expiration of Approval of Development Permit
20.300 Impact Fees
20.32 Revocation of Permit
20.34 Enforcement
20.38 Board of Adjustment
20.40 Fees
20.400 Development Agreements
20.44 Rounding of Quantities
20.440 Density Bonus Agreements
20.460 Reimbursement Agreements
20.470 Maintenance Districts
20.471 Maintenance District 1 - Monterra
20.50 Floodplain Management
20.500 Transfer Development Rights
20.550 Growth Management
20.560 Building Permit Allocation and Growth Management
20.600 General Provisions
20.602 Pre-application Conference
20.604 Special use permits
20.606 Variances
20.608 Amendment to Master Plan
20.610 Zoning Administration
20.612 Specific Plan
20.614 Design Review
20.618 Sign Permit
20.620 Temporary Use Permit
20.650 Zoning Districts and Standards
20.654 Agriculture and Forestry and Range Districts
20.656 Residential Districts
20.658 Non-Residential Districts
20.660 Use Regulations
20.662 Agricultural, Forest and Range, and Residential Land Use District Specific Standards (Table)
20.664 Agricultural, Forest and Range, and Residential Land Use Specific Standards
20.666 Non-Residential Specific Standards for Permitted, Development Permitted and Special use permit Uses (Table)
20.668 Non-Residential Uses Specific Standards
20.672 Livestock Overlay (LO) Zoning District
20.674 Manufactures Housing (MH) District
20.675 Mixed-use Commercial (MUC) Overlay District
20.676 Planned Development (PD) Overlay District
20.678 Residential Office (RO) Overlay District
20.680 Genoa Historic (GH) Overlay District
20.682 Clustered Residential Subdivision (CR) Overlay
20.685 Gaming District (GD) Overlay
20.690 Property Standards
20.691 Property Maintenance
20.692 Off-Street Parking and Loading
20.694 Landscape Standards
20.696 Sign and Advertising Control
20.698 Nonconforming Uses and Structures
20.700 Applicability and Procedures
20.702 Zoning Districts and Standards
20.703 Tahoe Area Plan Regulations
20.704 General Provisions
20.708 Subdivision Application Procedure and Approval Process
20.712 Parcel Maps
20.714 Division of Agricultural Land for Conservation Purposes
20.716 Division of Land into Large Parcels
20.718 Division of Land for Agricultural Purposes
20.720 Assurance for Completion and Maintenance of Improvements
20.768 Land Readjustment
20.770 Boundary Line Adjustment
20.800 General Provisions
20.810 Administration
20.820 Building Permits
20.830 Site Improvement Permits
20.840 Encroachment Permits
20.900 Numbering Structures and Naming Streets
Effective Date
Table of Ordinances
Index



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County Codes
Title 20 Consolidated Development Code
20.440 Density Bonus Agreements
20.440.010 Purpose
20.440.020 General provisions
20.440.030 Application procedures
20.440.040 Action by board
20.440.050 Required findings for approval
20.440.060 Ongoing review
20.440.070 Amendments to approved density bonus and affordable housing agreements

20.440.010 Purpose
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 NRS. (Ord. 801, 1997; Ord. 763, 1996)
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20.440.020 General provisions
All density bonus and affordable 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. 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 housing request does not involve an existing development, the application shall be filed concurrently with all other development applications. 
    C.  The density bonus or affordable housing agreement may only be requested for development projects consisting of ten or more dwelling units, prior to any density increase. 
    D.  For the purposes of this chapter, a density bonus shall mean an increase in residential density from that otherwise allowable under the master plan (the base density) in return for provision of housing at affordable levels. 
    E.  When determining the number of units which are affordable, 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.  In accordance with the housing element of the master plan, density bonuses may be granted as follows: 
        1.  A maximum 25 percent bonus for a project in which one of the following are provided: 
            a.  At least 20 percent of the units are affordable to households earning between 51 percent and 80 percent of the county’s median income; or 
            b.  At least 15 percent of the units are affordable to households earning up to 50.9 percent of median income; or 
            c.  At least 20 percent of the units are single-family residences affordable for sale to households with a total household income of 110% or less of the median household income. 
        2.  For any density bonus or affordable housing agreement approved under the provisions of this chapter, the developer shall agree to ensure continued affordability of all restricted income density bonus units for no less than 30 years for rental projects and 15 years for projects involving the sale of individual dwelling units. (Ord. 969, 2001; Ord. 801, 1997; Ord. 763, 1996)
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20.440.030 Application procedures
    A.  An application for a density bonus or affordable housing agreement shall be made on a form provided for that purpose by the community development department, along with the required fee or deposit established by resolution. 
    B.  The application shall be accompanied by the original draft density bonus or affordable housing agreement and any other submittal materials listed on the application. The agreement shall be in the county approved form 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 is to be developed, shall be binding upon any or all successors in interest of the developer, and shall be recorded in the office of the county recorder, prior to issuance of any building permits for the project; 
        2.  The developer shall give the county the continuing right-of-first-refusal to purchase or lease any or all of the designated 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 consumer price index; 
        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 community development 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, a market feasibility or absorption study for the proposed project. (Ord. 801, 1997; Ord. 763, 1996)
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20.440.040 Action by board
    A.  Upon receiving a recommendation from the community development 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 chapter 20.20. 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 20.440.050. 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. 763, 1996)
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20.440.050 Required findings for approval
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 NRS; 
    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;     
    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. 801, 1997; Ord. 763, 1996)
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20.440.060 Ongoing review
The board shall review all approved density bonus or affordable housing agreements at least once every 24 months to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process may require the submittal of an application form and materials as established by resolution. (Ord. 801, 1997; Ord. 763, 1996)
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20.440.070 Amendments to approved density bonus and affordable housing agreements
Any amendment to a previously-approved density bonus or affordable housing agreement shall be reviewed pursuant to the procedures outlined in this chapter for a new application. (Ord. 801, 1997; Ord. 763, 1996)
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