A. Notwithstanding any other provision of this Code, marijuana establishments and medical marijuana establishments are not allowed, and shall be unlawful as a permitted use, conditional use or accessory use in any zoning district within the incorporated area of the City of Elko. For purposes of this section, the term "marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453D.030, as amended from time to time, and the term "medical marijuana establishment" shall have the definition ascribed to it in Nevada Revised Statutes 453A.116, as amended from time to time.
B. The prohibitions of marijuana establishments and medical marijuana establishments, respectively, are not intended to interfere with the individual rights of persons to the lawful use and possession of marijuana as permitted by chapters 453A and 453D of the Nevada Revised Statutes. (Ord. 825, 2-13-2018)