A. Allowed Zones: Medical and non-medical marijuana establishments shall be allowed within the Industrial-Light (IR-1) and Industrial-Heavy (IR-2) Zones, subject to compliance with the distance separation requirements contained herein and upon the approval of a conditional use permit.
B. Limit On Medical And Non-Medical Marijuana Dispensary Permits: There shall be allowed no more than one medical and non-medical marijuana dispensary for each twenty five thousand (25,000) in population for the combined population of the City of Mesquite and the Town of Bunkerville, and the issuance of an additional medical and non-medical marijuana dispensary license shall not occur until the combined population of the City of Mesquite and the Town of Bunkerville is fifty thousand (50,000) as determined and reported by the State of Nevada Department of Taxation, pursuant to the provisions of Nevada Revised Statutes 360.283, and as certified by the Governor, pursuant to the provisions of Nevada Revised Statutes 360.285. If properly licensed and registered with the Nevada Department of Taxation for both medical and non-medical marijuana, one marijuana establishment may dispense and sell both products.
C. Permanent Building: The business shall be located in a permanent building, with an engineered foundation that meets City of Mesquite Building Code, and not located in a mobile home, trailer, cargo container, motor vehicle, or similar personal property. A medical and non-medical marijuana establishment may be located in a completely enclosed, stand alone building, or one or more establishments under the same ownership may be located together in the same building. A separate business license must be obtained, however, for each dispensary, cultivation facility, or production facility.
D. Access: The proposed marijuana establishment (medical and nonmedical) will have direct access (both ingress and egress) from a public street. Only one secured exterior doorway shall be allowed for the purpose of ingress or egress to a marijuana dispensary, and such doorway shall be visible from the street or parking lot. Any existing doorways beyond this allowance shall be permanently closed by removing the door and frame and filling in the opening with permanent construction to match the exterior wall.
E. Circulation: No drive-through facilities shall be permitted in conjunction with a medical marijuana dispensary, or retail marijuana store.
F. Outside Storage: No outside storage shall be permitted for medical and non-medical marijuana establishments, including the use of shipping containers for onsite storage.
G. Size: The minimum size of a medical marijuana dispensary or marijuana retail store shall be one thousand (1,000) square feet, and the size and design must provide sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space.
1. The maximum size tenant space for a medical marijuana dispensary or marijuana retail store shall be limited to the square footage dedicated for such use with one exit (3,000 square feet).
2. The minimum size of a medical marijuana or marijuana cultivation facility shall be five thousand (5,000) square feet.
3. The minimum size of a medical marijuana or marijuana production facility shall be three thousand five hundred (3,500) square feet.
H. Accessory Uses: No accessory uses are permitted in association with a medical marijuana dispensary, or marijuana retail store, except for the retail sale of clothing, novelties, and marijuana paraphernalia as defined in Nevada Revised Statutes 453A.125.
I. Signs: Signage for the establishment shall conform to the standards found in section 9-10-9, "Sign Regulations For Industrial Districts", of this title; and if located in the Mesquite Technology and Commerce Center (MTCC), signs shall meet the MTCC design standards, and shall be reviewed and approved by the City's Architectural Review Committee.
1. Shall not place an advertisement:
a. Within one thousand feet (1,000') of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within one thousand feet (1,000') of the location of the advertisement;
(1) However, this distance limitation does not apply to any school or community facility whose owners/operators sign a disclosure statement acknowledging that they are moving to a location within one thousand feet (1,000') of an existing marijuana establishment.
b. On or inside of a motor vehicle used for public transportation or any shelter for public transportation; or
c. At a sports or entertainment event to which persons who are less than twenty one (21) years of age are allowed entry.
d. Off-site temporary directional signs may be permitted by the City, subject to applicable codes, and provided that the temporary signs only contain the name of the marijuana business and a directional arrow.
J. Expiration Of Permit: The conditional use permit shall be void without further action if:
1. The use ceases for a period exceeding ninety (90) days.
2. Substantial progress toward commencement of the business is not made within ninety (90) days of conditional use permit approval.
a. For purposes of this section, "substantial progress" shall mean obtaining a license from the State Department of Taxation, and/or, obtaining an occupancy permit or building permit for the proposed facility.
K. State Approval: Medical marijuana and marijuana establishments shall obtain approval from the State of Nevada to operate such facilities prior to the conditional use permit being exercised.
L. Off Street Parking: Marijuana establishments shall provide off street parking facilities in conformance with section 9-8-5, "Off Street Parking And Loading", of this title. (Ord. 525, 9-26-2017, eff. 10-18-2017; amd. Ord. B21-004, 5-11-2021)