Churchill Proposed Ordinance

Churchill County - 2024 Initiative Petition – County Ordinance Measure
EXPLANATION: Matter in bolded italics is new; matter between brackets [omitted material] is
material to be omitted.
THE PEOPLE OF THE COUNTY OF CHURCHILL DO ENACT AS FOLLOWS:
Section 1. 5.20-VI LAND USE REQUIREMENTS of Title 5 of the Churchill County Code is
hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this
ordinance.
Section 2. 5.20.320 Location Restrictions

Separation. No brothel, house of prostitution, or licensed premises under this chapter shall be located
within a radius of [2,000] 1,000 feet from any of the following:
1. A public or private school attended primarily by children;
2. A church or other place of worship;
3. A public park or other recreational facility frequented or utilized by minors, including, but not
limited to, public parks, playgrounds, pools and recreational centers. [and any known gathering
place of minors; ].
4. [Any business designated an adult entertainment business pursuant to title 9, chapter 9.12 of
this Code. A brothel or house of prostitution licensed under this chapter may establish, upon
proper licensing as provided for by title 9, chapter 9.12 of this Code an adult entertainment
business within such licensed operation and such business may be operated within 2,000 feet
of any other licensed brothel or house of prostitution also having within such operation an adult
entertainment business also licensed under the provisions of title 9, chapter 9.12 of this Code;
or]
4. Any regular school bus stops.
5. A brothel may operate within 200 feet of any business designated as adult entertainment,
pursuant to title 9, chapter 9.12 of this Code.
6. A brothel licensed under this chapter may establish, upon proper v licensing as provided for
by title 9, chapter 9.12 of this Code, an adult entertainment business within such licensed
operation.
Distance determination. The [2,000-foot] 1,000 foot and 200 foot distance referred to herein shall be
measured in a straight line from the nearest property line of the brothel, house of prostitution, or licensed
premises to the nearest property line bearing the structures, places, or locations stated in subsection A of
this section.
Section 3. 5.20.330 Home Based Business
No brothel or house of prostitution shall be allowed as a home-based business.
Section 4. 5.20.340 Special Use Permit

In addition to all other requirements of this chapter a special use permit is required prior to the establishment
or operation of a brothel or house of prostitution under this chapter.
Section 5. 5.20.350 Special Use Permit Procedure

The procedure for obtaining a special use permit by any applicant under this chapter shall be as provided
for by title 16 of this Code. The planning commission may issue a special use permit to an applicant where
the information presented by an application, together with any evidence presented at a public hearing on
the matter, are consistent with the granting of a use upon findings of fact to be made by the planning
commission as set forth by title 16 of this Code. The planning commission shall further have the duty of
making the following findings of fact:
A. The permitted use is in compliance with all licensing requirements of this chapter;
B. The permitted use at the proposed location will not be contrary to the public health, safety and
general welfare of persons residing or working in the land use district or neighborhood in which
it is proposed;
C. The permitted use is sufficiently buffered in relation to residentially zoned areas within the
immediate vicinity so as not to adversely affect such areas;
D. The exterior appearance of the structure in which the permitted use will be located will not be
inconsistent with the external appearance of neighboring structures already constructed or under
construction within the immediate neighborhood so as to cause blight, deterioration, or
diminution or impairment of property values within the neighborhood;
E. The permitted use will not be contrary to any proposed neighborhood revitalization program;
F. The permitted use will not allow the exterior of a brothel or house of prostitution that results in an
inappropriate or unmaintained appearance not in harmony with the general neighborhood in
which the use is to be permitted;
G. The permitted use will not interfere with any economic development program or activity in the
land use district or neighborhood in which it is proposed;
H. The permitted use at the proposed location will be in substantial conformity with the adopted
general plan for the area;
I. The proposed location of the permitted use is adequate in size and shape to accommodate the
yards, walls, fences, parking lot, landscaping and other development features prescribed in this
Code, or as is otherwise required, in order to integrate said use within the uses in surrounding
area; and
J. The proposed location of the permitted use shall be served by highways or streets of sufficient
width and improved as necessary to carry the kind and quantity of traffic such use would generate
and other public or private service facilities as is or may be required.
Section 6. 5.20.360 Additional Brothel Zoning District

1. Brothels shall be allowed to operate in a second zoning district as set forth below.
2. In addition to being allowed in RR20 zones, brothels shall be allowed to also operate in
“I” (industrial) zoning districts, which is the same zone that adult entertainment
businesses, as defined under title 9, chapter 9.12 of this Code, are allowed to operate in.
3. Title 16 of this Code shall reflect this zoning district addition.
Section 7. 5.20.370 ½ Mile Setback Requirement Removed

1. All brothels shall not be required to have a ½ mile setback and shall instead use the
setback as outlined for commercial industrial in 16.16.020.2(D).
2. Title 16 of this Code shall reflect this change.
Section 8. 5.20.380 20 Acre Buffer Not Required for Industrial Zoned Brothels
1. Brothels in the industrial zoning district shall not be required to have a 20 acre buffer
zone and shall have the same buffer zone that commercial industrial has, as reflected in
title 16 of this Code.
Section 9. 5.20.390 Brothels Shall not be Required to have their Own Private Roadway or get a
BLM easement
1. Brothels shall be accessible on any public roadway and shall not be required to have
their own private roadway.
2. Brothels shall not be required to acquire an easement/Right of Way to have patrons and
workers cross over existing roads owned by the Bureau of Land Management (BLM) to
access the brothel.
3. Traveling to a licensed brothel on existing roads that may be owned by BLM shall not
constitute an “appreciable disturbance” and shall be considered a “casual use”.
Section 10. 5.20.360 5.20.400 Development And Operation Standards

Brothels, houses of prostitution, or other licensed premises under this chapter shall comply with all of the
following development and operation standards:
A. Any licensed premises created or established under this chapter must fully comply with all building
permit and construction codes as established by the Nevada Revised Statutes and this Code as they
may be adopted by Churchill County, Nevada;
B. Any application for a special use permit will be evaluated on its individual merits, including
location. Consideration may be given to the location of any premises formerly licensed under the
provisions of this chapter. The use of any mobile home, recreational vehicle, travel trailer, or any
other nonpermanent or removable structure is not a permitted use under this chapter;
C. All building openings, entries and windows for a brothel or house of prostitution shall be located
or covered so as to prevent a view into the interior thereof from any area within the view of the
general public. No locked gates or entrances shall be permitted during working hours;
D. All entrances to a brothel or house of prostitution shall be clearly and legibly posted as an entrance
stating that persons under age 21 years are not permitted upon the licensed premises. All entrances
shall further be clearly and legibly posted as a brothel or house of prostitution. All such notices
shall be no less than six square feet in size nor more than 24 square feet in size;
E. No loudspeakers or sound equipment shall be used by a brothel or house of prostitution for the
amplification of sound to a level discernable by the public beyond the walls of the building in which
the permitted use is allowed;
F. All off street parking areas, walkways, and building entries serving the permitted use shall be
illuminated during all business hours with a lighting system designed to provide a minimum
maintained horizontal illumination of greater than one foot-candle of light on the parking and
walkway surface area. This requirement is imposed so as to allow a lighting level conducive for
the safe use of the licensed premises by its patrons;
G. All exterior areas of the permitted use including the buildings, outbuildings, landscaping and
parking areas shall be maintained in a neat and clean fashion;
H. Unless otherwise provided for herein, all permitted uses shall be enclosed by a fence not less than
six feet in height equipped with an entrance gate. The requirement for a fence enclosing the
permitted use may be waived in full or in part where the exterior design of the premises integrates
structural features providing for secured entrances to the premises and adequate cover of window
areas
I. The use of a sauna, spa, pool, or any bathing facility may be allowed upon the premises subject to
all applicable requirements imposed by the health authority, including, without limitation, the
certifying inspection and any regular inspections performed thereafter, and further subject to all
rules and laws governing the maintenance and operation of any such facilities.
Section 11. 5.20.370 5.20.410 Severance
If any section, subsection, sentence, clause, phrase or portion of this chapter is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Section 12. 5.20.420 Not Subject to Initiative Vote 2044
This ordinance may not be put to another vote on whether to repeal this Ordinance until the
general election of the year 2044, unless countervailing, emergency circumstances arise that
would prompt the Board to put such a question to a vote.

Churchill Proposed Ordinance

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Churchill Proposed Ordinance

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Churchill County - 2024 Initiative Petition – County Ordinance Measure

THE PEOPLE OF THE COUNTY OF CHURCHILL DO ENACT AS FOLLOWS:

Section 2. 5.20.320 Location Restrictions

Section 4. 5.20.340 Special Use Permit

Section 5. 5.20.350 Special Use Permit Procedure

Section 6. 5.20.360 Additional Brothel Zoning District

Section 7. 5.20.370 ½ Mile Setback Requirement Removed

Section 10. 5.20.360 5.20.400 Development And Operation Standards

Section 12. 5.20.420 Not Subject to Initiative Vote 2044

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