Bill No. 03.13.2024
Ordinance No. 537
Ordinance No. 537
SUMMARY: An ordinance amending in part Ordinance 523 (2021), Ordinance 498 (2019), Ordinance 487 (2018), and Sections 10.62.010, 10.62.040, and 17.65.050 of the White Pine County Code, repealing a portion of Ordinance 458 (2014) and repealing Section 17.12.045 of the White Pine County Code, thereby including Medical Cannabis Establishments as Marijuana Establishments, limiting the number of Marijuana Establishment special use permits issued, repealing the prohibition of Medical Marijuana Establishments, and, for clarification, rewording the Industrial Park District zoning regulations for Marijuana Establishments.
TITLE:
PROPOSED ORDINANCE AMENDING IN PART ORDINANCE 523 (2021), ORDINANCE 498 (2019), ORDINANCE 487 (2018) AND WHITE PINE COUNTY CODE SECTIONS 10.62.010, 10.62.040 AND 17.65.050, REPEALING A PORTION OF ORDINANCE 458 (2014) AND REPEALING SECTION 17.12.045 OF THE WHITE PINE COUNTY CODE, THEREBY INCLUDING MEDICAL CANNABIS ESTABLISHMENTS AS MARIJUANA ESTABLISHMENTS, LIMITING THE NUMBER OF MARIJUANA ESTABLISHMENT SPECIAL USE PERMITS ISSUED, REPEALING THE PROHIBITION OF MEDICAL MARIJUANA ESTABLISHMENTS, AND, FOR CLARIFICATION, REWORDING THE INDUSTRIAL PARK ZONING REGULATIONS FOR MARIJUANA ESTABLISHMENTS.
WHEREAS, Nevada Revised Statute (NRS) 244.137 establishes the County’s authority to regulate matters of local concern;
WHEREAS,
NRS 244.195 states, except as otherwise provided in NRS 244.137 to 244.146, inclusive, the boards of county commissioners shall have power and jurisdiction in their respective counties to do and perform all such other acts and things as may be lawful and necessary to the full discharge of the powers and jurisdiction conferred on the board;
WHEREAS, NRS 678B.500 establishes the County’s authority to enforce local ordinances and rules pertaining to the zoning of marijuana establishments; and, NRS 678A.035, NRS 678A.085 and NRS 678A.180 define the meaning of said establishments;
WHEREAS, the County recognizes the Nevada State Legislature’s amendments to and adoption of all of the State’s current Marijuana Establishments Laws, including, but not limited to, Medical Cannabis Establishments, as codified in the NRS’s.
WHEREAS,
in 2014, under Ordinance 458, the White Pine County Board of County Commissioners, State of Nevada, (BOCC) previously passed, adopted and published White Pine County Code Title 17, Chapter 17.12, Section 17.12.045, prohibiting Medical Marijuana Establishments in any zone throughout the unincorporated areas of White Pine County;
WHEREAS,
in 2019, under Ordinance 498, the White Pine County Board of County Commissioners, State of Nevada, (BOCC) previously passed, adopted and published White Pine County Code Title 10, Chapter 10.62, Section 10.62.010 and Section 10.62.040, regulating Marijuana Establishments; then, in 2021, under Ordinance 523, Ordinance 498 was amended to include Adult-use Cannabis Establishments, but it did not include Medical Cannabis Establishments, nor limit the number of special use permits that could be issued for Marijuana Establishments to operate within White Pine County, but outside the incorporated Ely City limits;
WHEREAS,
in 2021, under Ordinance 523, the BOCC amended Ordinance 487 (2018) and thereby passed, adopted and published White Pine County Code (WPCC) Title 17, Chapter 17.65, Section 17.65.050, a zoning regulation that Marijuana Establishments may “only” operate within the Industrial Park District (L-P-1) according to a special use permit (rather than: may operate within the Industrial Park District (L-P-1) but “only” according to a special use permit);
WHEREAS, NRS 244.116 establishes the County’s authority to revise and codify all general ordinances of the County;
WHEREAS, the BOCC finds this proposed amendment to Ordinance 498 (2019), Ordinance 523 (2021), and WPCC Section 10.62.010, by expanding the definition of a Marijuana Establishment to include Medical Cannabis Establishments, as defined in the NRS, is appropriate and in the best interest of the community;
WHEREAS, the BOCC finds this proposed amendment to Ordinance 498 (2019), Ordinance 523 (2021), and WPCC Section 10.62.040, by limiting the number of special use permits that could be issued for Marijuana Establishments to operate within White Pine County, but outside the incorporated Ely City limits, is appropriate and in the best interest of the community;
WHEREAS,
the BOCC finds this proposed amendment to repeal in part Ordinance 458, (2014) and repeal WPCC Section 17.12.045, thereby repealing the prohibition of Medical Marijuana Establishments in any zone throughout the unincorporated areas of White Pine County is appropriate and in the best interest of the community;
WHEREAS, the BOCC finds this proposed amendment to Ordinance 487 (2018), Ordinance 523 (2021), and WPCC Section 17.65.050, by rewording the Industrial Park District (L-P-1) zoning restriction to permit Marijuana Establishments to operate in the Industrial Park District (L-P-1) but only according to a special use permit is clarifying, appropriate, and in the best interest of the community;
WHEREAS, the BOCC finds all of these proposed amendments are proper and consistent with the NRS’s, are appropriate, protect businesses and the public’s health, safety, and welfare, and are in the best interest of the community;
THEREFORE, the BOCC does hereby adopt, promulgate, ordain, and order compliance therewith and within White Pine County, the following amendment to the specified section of Ordinance 498 (2019) and Ordinance 523 (2021), thereby amending the language of White Pine County Code Title 10, Chapter 10.62, Section 10.62.010, which is to be published and to read as follows (the amendment is shown in blue font):
10.62.010: DEFINITIONS:
LICENSEE: | Is any person or entity granted a license by White Pine County to operate a marijuana establishment within White Pine County, but outside the incorporated Ely City limits. |
MARIJUANA ESTABLISHMENT: |
The terms used in this chapter not specifically defined herein shall have the meanings ascribed to them by the Nevada Revised Statutes, the Nevada Administrative Code, the State of Nevada Department of Taxation Regulation LCB file no. R092-17 (effective February 27, 2018), and this Code. (Amended in part by Ord. 537, 2024; Ord. 523, 2021; Ord. 498, 2019)
THEREFORE, the BOCC does hereby adopt, promulgate, ordain, and order compliance therewith and within White Pine County, the following amendment to the specified section of Ordinance 498 (2019) and Ordinance 523 (2021), thereby amending the language of White Pine County Code Title 10, Chapter 10.62, Section 10.62.040, which is to be published and to read as follows (the amendment is shown in blue font):
10.62.040: ZONING:
A. A marijuana establishment may operate only according to a special use permit in White Pine County. Only a maximum of one (1), single, Marijuana Establishment special use permit may be issued by the Regional Planning Commission or the County Board of Commissioners for each type of Marijuana Establishment that is to be operated within White Pine County, but outside the incorporated Ely City limits.
B. In addition, all marijuana establishments must be located a distance of at least one thousand feet (1,000') from any property line of a parcel that has an established public or private school, and shall not be located within three hundred feet (300') of any property line of a parcel that has any other established community hospital, facility or clinic at the time of commencement of operation of the marijuana establishment. (Amended in part by Ord. 537, 2024; Ord. 523, 2021; Ord. 498, 2019)
THEREFORE, the BOCC does hereby also adopt, promulgate, ordain, and order compliance therewith and within White Pine County, the following amendment to the specified section of Ordinance 458 (2014), thereby repealing White Pine County Code Title 17, Chapter 17.12, Section 17.12.045, which is to be published and to read as follows (the repeal by amendment is shown in a red font strikeout):
17.12.045: MEDICAL MARIJUANA ESTABLISHMENTS:
Notwithstanding any other provision of this code, medical marijuana establishments are not allowed, and shall be unlawful as a permitted use, special use or accessory use in any zone throughout the unincorporated areas of White Pine County.
"Medical marijuana establishment" shall have the same definition as in section 8.3 of SB 374, and as may be amended.
This prohibition is not intended to interfere with the individual rights of persons to the medical use of marijuana as permitted by chapter 453A of the Nevada Revised Statutes. (Ord. 458, 2014) (Repealed by Ord. 537, 2024)
AND, THEREFORE, the BOCC does hereby also adopt, promulgate, ordain, and order compliance therewith and within White Pine County, the following amendment to the specified section of Ordinance 487 (2018) and Ordinance 523 (2021), thereby amending the language of White Pine County Code Title 17, Chapter 17.65, Section 17.65.050, which is to be published and to read as follows (the amendment is shown in a red font strikeout and in blue font):
17.65.050: MARIJUANA ESTABLISHMENTS:
A "marijuana establishment" as defined in WPCC 10.62.010 may operate only within the Industrial Park District (L-P-1) but only according to a special use permit. (Amended in part by Ord. 537, 2024; Ord. 523, 2021; Ord. 487, 2018)
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EFFECTIVE DATE.
This Ordinance shall take full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the 29th day of April, 2024.
PROPOSED on the 13th day of March, 2024.
PROPOSED by: District Attorney, James S. Beecher.
PASSED on the 10th day of April, 2024.
VOTES:
Yay:
Nay:
Absent:
Abstain:
________________________________________
CHAIRMAN OF THE BOARD
ATTEST: ___________________________________
COUNTY CLERK