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| CLARK COUNTY BOARD OF COMMISSIONERS ZONING / SUBDIVISIONS / LAND USE AGENDA ITEM (ORD-1713-07) | |
| ISSUE: | Massage Establishments |
| PETITIONER: | Barbara Ginoulias, Director, Comprehensive Planning Department |
| RECOMMENDATION: | That the Board of County Commissioners introduce an ordinance modifying regulations for massage establishments; and direct staff accordingly. |
FISCAL IMPACT:
None.
BACKGROUND:
The Clark County Development Code, Title 30, currently allows massage as a principal use only with a special use permit. As a consequence of recent issues associated with these establishments, on August 8, 2007 the Board of County Commissioners directed staff to study massage hours of operation and separations between establishments and between establishments and residential uses. Additionally, the Board requested an ordinance to address problems associated with massage establishments. This ordinance will bring the requirements in line with those at the City of Las Vegas.
Two separate ordinances (1277-07 and 1629-07) have been introduced. This ordinance clarifies the intent of the second ordinance. To avoid further confusion staff recommends a new ordinance be introduced. Ordinance 1277-07 was deleted at the December 5, 2007 meeting. Staff recommends Ordinance 1629-07 be deleted at its February 6, 2008 meeting.
After consideration and study, staff recommends the following changes for stand alone establishments: a set back of 200 feet from any residential use and a 1,000 foot separation between each stand alone massage establishment use. In addition, the hours of operation shall be limited to 8 a.m. to 9 p.m. for all massage establishments. The proposed hours of operation are generally consistent to the hours of operation for a majority of health clubs and beauty salons legally operating within the county. These regulations are also in line with those at the City of Las Vegas. None of these requirements can be waived or varied.
Under the proposed ordinance, massage establishments are considered a principal use, unless (1) operating in conjunction with resort hotel, beauty salon, health club, country club, golf course and accompanying club house, or retreat and a maximum of 25% of public floor area to be used for massage; (2) operating in conjunction with a state licensed health care provider as defined in NRS 629.031; or; (3) operating in conjunction with a massage school as part of the curriculum of the school per Chapter 394 Nevada Administrative Code. Massage establishments not in accordance with these standards shall be considered a principal use and shall be subject to special use permit requirements for stand alone establishments. None of the requirements can be waived or varied.
Staff recommends ordinance (1713-07) introduction February 20 , 2008 and public hearing scheduled March 5, 2008. Staff requests direction not to accept any applications not in conformance with the proposed ordinance. This item was held from the February 6, 2008 meeting.
Respectfully Submitted,
Barbara Ginoulias, Director
BG\ab (Intro 2/20/08)
[Bracketed] and/or strikethrough material is that portion being deleted or amended
Underlined material is that portion being added
BILL NO.
SUMMARY - An Ordinance to amend the Unified Development Code to modify requirements for massage establishments. (T30-1713-07)
ORDINANCE NO.
(of Clark County, Nevada)
AN ORDINANCE TO AMEND TITLE 30, CHAPTER 30.44, TABLE 30.44-1 TO MODIFY REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 30, Chapter 30.44 (Uses), Table 30.44-1, of the Clark County Code is hereby amended to read as follows:
| Uses |
SLUCM CODE |
Residential Districts |
Commercial Districts | Manufacturing/ Industrial Districts | Miscellaneous Districts | |||||||||||||||||||||
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R-U |
R-A |
RE |
R-D |
R-1 |
R-T |
R-2 |
RUD |
R-3 |
R-4 |
R-5 |
CRT |
C-P |
C-1 |
C-2 |
M-D |
M-1 |
M-2 |
O-S |
H-2 |
P-F |
RVP |
U-V |
H-1 | |||
| Adult Uses |
5900 5800
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Conditional Use Subject to an Administrative Design Review Application: 1. Must be located within the Adult Use Overlay District as described in Section 30.48.530 and as shown on Map #13 in Appendix G. 2. Must comply with all requirements listed in Chapter 30.48 Part H (Adult Use Overlay) and Section 30.76.080 (Nonconforming Adult Uses). 3. Adult uses shall only be approved within an existing or approved building upon which construction has commenced. 4. Massage is not permitted in conjunction with Adult Uses. These conditions shall not be waived or varied. (Ord. 2899 4, 5/2003) | ||||||||||||||||||||||||||
| Massage - See also Home Occupation |
1110 6510 |
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S,A |
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S,A |
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All Massage Establishments (Principal and Accessory) Shall Be Limited to the Hours of Operation from 8 a.m. to 9 p.m. Special Use in C-2, U-V and H-1 when a principal use Subject to: 1. A minimum two hundred (200) foot setback from any residential use. 2. A one thousand foot (1,000) separation between each use. Within the U-V district, must be part of a mixed-use development (See Section 30.40.310 and Chapter 30.48 Part J). Accessory Use Subject to: (Massage establishments that do not satisfy any one of the standards listed in 1-3 below shall be considered a principal use and shall be subject to special use permit requirements.) 1. [ [3]2. Operating [
NOTE: None of the requirements within these subsections can be waived or varied. Not permitted in conjunction with adult uses. [( Chapter 7.08 of the Clark County Code regulates massage and prohibits massage in conjunction with alcohol sales and/or consumption, which [ | ||||||||||||||||||||||||||
SECTION 2. An existing, licensed, massage establishment shall not be subject to the new requirements imposed by this Ordinance, and shall be treated as a nonconformity in accordance with Clark County Code Chapter 30.76 (Nonconformities), except that, the hours of operation may be imposed at a public hearing if the Approval Authority determines that imposition of the hours of operation is appropriate based upon evidence of changed circumstances presented at the hearing.
SECTION 3. If any section of this ordinance or portion of thereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not invalidate the remaining parts of this ordinance.
SECTION 4. All ordinances, parts of ordinances, chapters, sections, subsections, clauses, phrases or sentences contained in the Clark County Code in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall take effect and be in force from and after its passage and the publication thereof by title only, together with names of the County Commissioners voting for or against its passage, in a newspaper published in and having a general circulation in Clark County, Nevada, at least once a week for a period of two (2) weeks; on 3/3/08 . A land use application approved prior to the effective date of this ordinance may be developed per the plans approved with the application.
PROPOSED on the day of , 2008
PROPOSED By:
PASSED on the day of , 2008
VOTE:
AYES:
NAYS:
ABSTAINING:
ABSENT:
BOARD OF COUNTY COMMISSIONERS
CLARK COUNTY, NEVADA
By
Chair
ATTEST:
SHIRLEY B. PARRAGUIRRE, County Clerk
This ordinance shall be in force and effect from and after the day of , 2008.
[Bracketed] and/or strikethrough material is that portion being deleted or amended
Underlined material is that portion being added
BILL NO.
SUMMARY - An Ordinance to amend the Unified Development Code to modify requirements for massage establishments. (T30-1713-07)
ORDINANCE NO.
(of Clark County, Nevada)
AN ORDINANCE TO AMEND TITLE 30, CHAPTER 30.44, TABLE 30.44-1 TO MODIFY REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 30, Chapter 30.44 (Uses), Table 30.44-1, of the Clark County Code is hereby amended to read as follows:
| Uses |
SLUCM CODE |
Residential Districts |
Commercial Districts | Manufacturing/ Industrial Districts | Miscellaneous Districts | |||||||||||||||||||||
|
R-U |
R-A |
RE |
R-D |
R-1 |
R-T |
R-2 |
RUD |
R-3 |
R-4 |
R-5 |
CRT |
C-P |
C-1 |
C-2 |
M-D |
M-1 |
M-2 |
O-S |
H-2 |
P-F |
RVP |
U-V |
H-1 | |||
| Adult Uses |
5900 5800
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Conditional Use Subject to an Administrative Design Review Application: 1. Must be located within the Adult Use Overlay District as described in Section 30.48.530 and as shown on Map #13 in Appendix G. 2. Must comply with all requirements listed in Chapter 30.48 Part H (Adult Use Overlay) and Section 30.76.080 (Nonconforming Adult Uses). 3. Adult uses shall only be approved within an existing or approved building upon which construction has commenced. 4. Massage is not permitted in conjunction with Adult Uses. These conditions shall not be waived or varied. (Ord. 2899 4, 5/2003) | ||||||||||||||||||||||||||
| Massage - See also Home Occupation |
1110 6510 |
A |
A |
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[ |
[ |
[ |
S,A |
[ |
[ |
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S,A |
S,A | |
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All Massage Establishments (Principal and Accessory) Shall Be Limited to the Hours of Operation from 8 a.m. to 9 p.m. Special Use in C-2, U-V and H-1 when a principal use Subject to: 1. A minimum two hundred (200) foot setback from any residential use. 2. A one thousand foot (1,000) separation between each use. Within the U-V district, must be part of a mixed-use development (See Section 30.40.310 and Chapter 30.48 Part J). Accessory Use Subject to: (Massage establishments that do not satisfy any one of the standards listed in 1-3 below shall be considered a principal use and shall be subject to special use permit requirements.) 1. [ [3]2. Operating [
NOTE: None of the requirements within these subsections can be waived or varied. Not permitted in conjunction with adult uses. [( Chapter 7.08 of the Clark County Code regulates massage and prohibits massage in conjunction with alcohol sales and/or consumption, which [ | ||||||||||||||||||||||||||
SECTION 2. An existing, licensed, massage establishment shall not be subject to the new requirements imposed by this Ordinance, and shall be treated as a nonconformity in accordance with Clark County Code Chapter 30.76 (Nonconformities), except that, the hours of operation may be imposed at a public hearing if the Approval Authority determines that imposition of the hours of operation is appropriate based upon evidence of changed circumstances presented at the hearing.
SECTION 3. If any section of this ordinance or portion of thereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not invalidate the remaining parts of this ordinance.
SECTION 4. All ordinances, parts of ordinances, chapters, sections, subsections, clauses, phrases or sentences contained in the Clark County Code in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall take effect and be in force from and after its passage and the publication thereof by title only, together with names of the County Commissioners voting for or against its passage, in a newspaper published in and having a general circulation in Clark County, Nevada, at least once a week for a period of two (2) weeks; on 3/3/08 . A land use application approved prior to the effective date of this ordinance may be developed per the plans approved with the application.
PROPOSED on the day of , 2008
PROPOSED By:
PASSED on the day of , 2008
VOTE:
AYES:
NAYS:
ABSTAINING:
ABSENT:
BOARD OF COUNTY COMMISSIONERS
CLARK COUNTY, NEVADA
By
Chair
ATTEST:
SHIRLEY B. PARRAGUIRRE, County Clerk
This ordinance shall be in force and effect from and after the day of , 2008.
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