ORDINANCE NO WHEREAS, the amendment is consistent with the Comprehensive Plan; and

Transcription

1 ORDINANCE NO AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIAL CODE OF THE CITY OF NORTH LAS VEGAS, RELATING TO ZONING (ZOA-04-14); BY REEALING ORDINANCE NO AND RELACING IN ITS ENTIRETY; AND BY AMENDING TITLE 17 SECTION (J)(2) (CITY COUNCIL HEARING REQUIRED), SECTION (F) TABLE (I-A OVERLAY DISTRICT ERMITTED USES [AEX OVERLAY DISTRICT]), SECTION (B) TABLE (ERMITTED LAND USE TABLE); SECTION (C) (COMMERCIAL AND OFFICE USES), AND SECTION (DEFINITION OF TERMS) TO ADD ROVISIONS AND DEFINITIONS FOR MEDICAL MARIJUANA ESTABLISHMENTS AND ROVIDING FOR OTHER MATTERS ROERLY RELATED THERETO. WHEREAS, the amendment is consistent with the Comprehensive lan; and WHEREAS, the Council determines that the amendment will not adversely affect the health and general welfare; and, NOW THEREFORE, the City Council of the City of North Las Vegas does ordain: SECTION 1: Chapter 12, Section 070, Subsection J, Subsection 2 of Title 17 of the North Las Vegas Municipal Code is hereby amended by replacing the existing section in its entirety with the following: a. City Council Hearing Required Special use permits for the following uses shall be forwarded to the City Council for final action following a public hearing and recommendation by the planning commission: (i) Hotels, (ii) Motels, (iii) Schools, (iv) awnshops, (v) Deferred deposit loan facilities, (vi) Auto title loan facilities, (vii) Short-term loan facilities, (viii) Additional security measures, (ix) Special use permits for recreational uses in mixed-use development districts, and (x) Restricted Gaming Liquor Uses b. lanning Commission Hearing Required

2 All other applications for special use permits shall require a hearing and decision by the planning commission. c. City Council Hearing and Action Only Special use permits for the following uses shall only be presented to the City Council for final action. lanning Commission review and a recommendation is not required. (i) Medical Marijuana Establishments

3 SECTION 3: Chapter 16, Section 050, Subsection F, Table of Title 17 of the North Las Vegas Municipal Code is hereby amended by replacing the existing table in its entirety with the following: Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Transition Area (TA), as shown on Map 1 Use Category Outside TA UBLIC AND INSTITUTIONAL USES Institutions School: Technical and Trade only Electrical ower Transmission oles and Lines, as identified in the Comprehensive lan. Within TA Essential ublic Service or Utility Installation /O Additional Requirements If poles and lines are not identified in the Comprehensive lan, they are Special Uses ublic and Civic Uses Transportation ublic Utility Building, Structure, or Equipment /O ublic Utility Service Yard /O ublic, Quasi-ublic Use or Building /O Radio and Television Studio, Without Transmission Towers /O Radio and Television Transmission Towers Telecommunication Towers and Facilities /O Automobile arking Lot or arking Garage /O Bus Terminal Limited to olice, Fire, and EMS facilities in TA Motor Freight Terminal /O COMMERCIAL AND OFFICE USES Animal care Animal Hospital or Clinic /O Eating and Drinking Establishments Offices Restaurant, Excluding Fast Food Restaurants C S/O Restaurant, Fast Food C C/O Restaurant Holding a Full Liquor On-Sale License S S/O Max. of 5,000 sq ft outside TA Max. of 2,500 sq ft inside TA Max. of 5,000 sq ft outside TA Max. of 3,000 sq ft inside TA Max. of 5,000 sq ft outside TA Max. of 2,500 sq ft inside TA Bank or Financial Institution C Maximum size 3,000 sf Deferred deposit loans or short term loans S Maximum size 3,000 sf Medical, Dental, or Health Clinic C Maximum size 3,000 sf

4 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Transition Area (TA), as shown on Map 1 Use Category Outside TA Within TA Additional Requirements rofessional Office C S/O Maximum size 10, 000 sq ft/acre Retail Sales and Service Vehicle Sales and Service Industrial Services Convenience Food Store S/O Convenience Food Store with Gas umps S S/O Exterior Storage of Goods and Materials /O Funeral Home or Mortuary C C/O Chapel only allowed outside TA Max. size 3,000 sq ft Greenhouse /O Limited to Wholesale Sales Heavy Equipment Rental Facility /O Light Equipment Rental with Exterior Storage and Display Light Equipment Rental with No Exterior Storage and Display /O /O Wholesale Sales Establishment /O Other Retail Sales and Service Not Listed Automobile Impound Yard /O Automotive Repair Facility S/O Auto service C S/O Automobile Washing Establishment S/O Fuel Sales S/O Tire Sales, Repair, and Mounting S/O Truck or Heavy Equipment Sales and Service S/O Truck Stop S/O Truck Wash /O INDUSTRIAL AND RELATED USES Any production, testing, processing of goods or products that does not conform with the performance standards set forth in Section S S/O Batch lant (Concrete or Asphalt) /O Building Material Sales, Wholesale /O Max. of 5,000 sq ft outside TA Max. of 3,000 sq ft inside TA

5 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Transition Area (TA), as shown on Map 1 Use Category Outside TA Within TA Cultivation Facility for Medical Marijuana C C / O Contractors Office and Storage /O Distribution Center /O Frozen Food Storage, Commercial /O Independent Testing Laboratory for Medical Marijuana Industrial and Business Support Service Establishment C C / O /O Junkyard or Salvage Yard/Center C C/O Laundry or Dry Cleaning, Commercial lant S S/O Manufacturing and roduction, Indoors /O Manufacturing and roduction, Outdoors /O Manufacturing of Chemicals S S/O Additional Requirements Eight foot buffer wall required when located within 500 of I-15, US 93 or SR 604 and an eight foot opaque CMU screen wall when located between 501 and 1200 of I-15, US 93 or SR 604. Manufacturing and/ or Storage of Hazardous Materials S S/O Manufacturing computer chip / components S S/O Materials Recovery Facility S S/O Mini-Warehousing Establishment /O Mining and Mineral Operations S S/O Monument Engraving and Sales /O Livestock and oultry Slaughtering and rocessing S S/O roduction of Edible Marijuana roducts or Marijuana-Infused roducts C C / O Refineries S S/O D D Research Laboratory /O Recycling Center (Indoor) /O Recycling Center (Outdoor) /O

6 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Transition Area (TA), as shown on Map 1 Use Category Outside TA Within TA Warehouse /O ACCESSORY AND TEMORARY USES AND STRUCTURES Additional Requirements D Accessory Dwellings Accessory Dwelling Units for watchmen required to provide security for ermitted and Special Uses listed as primary uses C/O Maximum of 10 beds Accessory Structures Accessory Structures for Nonresidential Uses (including solar panels and wind energy generators) /O Eating and Drinking Establishments All ermitted and Special uses listed as primary uses in this category C C/O Limited to 10% of gross floor area of primary structure(s); no business signs visible from I-15 or US 93 permitted. No sale of alcohol for on-site consumption Retail Sales and Service All ermitted and Special uses listed as primary uses in this category, plus fitness class/wellness center C C/O Limited to 10% of gross floor area of primary structure(s); no business signs visible from I-15 or US 93 permitted Transportation Helipad / Heliport C Vehicle Sales and Service Uses Temporary All ermitted and Special uses listed as principal uses in this category Temporary buildings as permitted in the M-2 zone district C C/O Approval from Nellis AFB and FAA Required :Limited to service Limited to 10% of gross floor area of primary structure(s); no business signs visible from I-15 or US 93 permitted. Sales limited to 5 vehicle sales per month; maximum of 2 vehicles may be displayed outdoors and M-2 conditions and procedures SECTION 2: Chapter 20, Section 010, Subsection B, Table of Title 17 of the North Las Vegas Municipal Code is hereby amended by replacing the existing table in its entirety with the following:

7 Use Category = ermitted C = Conditional S = Special TABLE : ERMITTED USE TABLE Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements RESIDENTIAL USES Group Living Dormitory S S S S S S Fraternity or Sorority House S S S S S S S S Dwelling, Multiple-Family (5+) A.1 Dwelling, Single-Family C S S Dwelling, Three- and Four-Family Household Living Dwelling, Two-Family Mobile Home or Mobile Home Subdivision A.2 Townhouse Cluster A.3 UBLIC AND INSTITUTIONAL USES Cemetery C C C C C C C B.3 College or University S S S S S S S S Community Center or Meeting Hall S S S Residential Facility for Groups B.4 Halfway House for Recovering Alcohol and Drug Abusers B.5 Hospital/Medical Center S S S S S S S B.6 Museum or Library Institutions Religious Institution S S S S S S S S S S S S S S S S S Residential Health Care Facility S S S S S S S S S S School: Elementary or Secondary S S S S S S S S S S S S S S S S School: Business, Technical, Trade, S S S S S S S S S S S and Vocations School: rimary (K through 8) S S S S S S S S S S S S S S S S S S Facility for transitional living for S S S S S S S S S S B.9 released offenders

8 TABLE : ERMITTED USE TABLE Use Category = ermitted C = Conditional S = Special Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements ublic and Civic Uses Transportation Electrical ower Transmission oles and Lines, as identified in the Comprehensive Master lan Electrical ower Transmission oles and Lines not identified in the Comprehensive Master lan and S S S S S S S S S S S S S S S S S S S S S S S S S S all Substations Essential ublic Service or Utility Installation S S S S S S S S S S S S S S S ublic Utility Building, Structure, or Equipment S S S S S S S S S S S S S S S S S S S ublic Utility Service Yard ublic, Semi-ublic Use or Building S S S S S S S S S S S S ublic ark or Open Space Radio and Television Studio, Without Transmission Towers Radio and Television Transmission Towers Telecommunication Towers and Facilities S S S S S S S S S S S S S C C S S S S C C B.8 Telecommunication Towers and Facilities Multiple Tower Facilities C C C B.8 Airport S S S B.1 Automobile arking Lot or arking Garage Bus Terminal S S B.2 Freight Terminals S Heliport/Helipad S S B.1

9 TABLE : ERMITTED USE TABLE Use Category = ermitted C = Conditional S = Special Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements COMMERCIAL AND OFFICE USES Adult Uses Sexually Oriented Business C.19 Agricultural Activity C.1 Agriculture and Feed Store (Including Yard) S Agricultural Nursery Sales S S Support Services Stable, Commercial S S C.20 Community Garden C C C C C C C C C.8 Animal Care Animal Hospital or Clinic C.2 et Care and Boarding Facility C C C C.2 Day Care Child Care - Group Home S S S S S S S S S S C.7 Child Care Center S S S S S S S S S S S C.7 Delicatessen and Catering Establishment Establishment Requiring an Off- C C C C C C.14 Eating and Sale Liquor License Drinking Establishment Requiring an On- Sale Liquor License S S S S C C C S C.14 Establishments Restaurant S C C C C. 28 Indoor Recreation and Entertainment Restaurant, Fast Food S C C S C C.17 rivate Club or Lodge S Athletic Club (Indoor only) C C C C C Bowling Alley S Dancing or Theatrical Studio S Game Rooms or ool Hall S Health and Fitness Center S Recreation Center S S S S S Not to exceed 3,000 sq. ft.

10 Use Category Offices Outdoor Recreation and Entertainment Retail Sales and Service = ermitted C = Conditional S = Special TABLE : ERMITTED USE TABLE Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements Skating Rink (Ice or Roller) S S S Theater, Movie S Video Arcade S S Auto Title Loan Establishment S S S S S C.4 Bank or Financial Institution S S S S S C.6 Deferred Deposit Loan or Short Term Loan Establishment S S S S S C.10 Medical, Dental, or Health Clinic rofessional Office Amusement ark or Water ark S S S S Athletic Clubs (Outdoors) S S S S S S C.3 Golf Course S S S S S S S S S S S C.12 Golf Driving Range or Miniature Golf Course S S Recreational Use S S S S S Theater, Drive-In S S S S S C.21 Appliance Repair Facility Bakery for On-Site Sales C.5 Convenience Food Store C S C.9 Convenience Food Store with Gas S S S S S C.9 umps Exterior Storage of Goods and Materials Funeral Home and Mortuary S S Garden Supply Store Heavy Equipment Rental Facility S Laundromat, Self-Service C Laundry and Dry Cleaning Establishment S S C.11 C C.13

11 TABLE : ERMITTED USE TABLE Use Category Tourism Vehicle Sales and Services = ermitted C = Conditional S = Special Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements Light Equipment Rental with Exterior Storage and Display S S Light Equipment Rental with No Exterior Storage and Display Massage Establishment S S S S S S S S S Medical Marijuana Dispensary S S S S C.29 awnshop S S S S C.15 ersonal Service Establishment S C C. 28 Retail Sales Establishment C S C.18 Swap Meet or Flea Market (Outdoor) S S Wholesale Sales Establishment S S C.27 Casino S S S S S S Hotel or Motel S S S S S S S S S Racetracks (Dog, Horse, or Vehicle) S S Recreational Vehicle ark and Overnight Campground S S S S C.16 Vehicle, Boat, or Recreational Vehicles Sales, and Rental Lot S S S S C.22 Vehicle Impound Yard/Automobile Impound Yard S S C.23 Vehicle, Boat, and RV Repair Facility S S C.24 Vehicle, Boat and RV Service Facility S S S S S C.25 Vehicle Washing Establishment S S S S S C.26 Fuel Sales S S S S S S S Tire Sales, Repair, and Mounting S S S

12 TABLE : ERMITTED USE TABLE Use Category = ermitted C = Conditional S = Special Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements Industrial Services Truck Stop/Truck Wash S S S INDUSTRIAL AND RELATED USES Any production, testing, processing of goods or products that does not conform with the performance S S standards set forth in Section Batch lant (Concrete or Asphalt) S S Building Material Sales, Wholesale D.1 Contractors Office and Storage (outdoor) Cultivation Facility for Medical Marijuana S C.29 Crematoria S Distribution Center S Laundry or Dry Cleaning, Commercial lant S S Independent Testing Laboratory for Medical Marijuana S C.29 Industrial and Business Support Service Establishment S Junkyard or Salvage Yard/Center S Manufacturing and roduction, Indoors D.2 Manufacturing and roduction, Outdoors S S Manufacturing and Storage of Hazardous Materials S S Materials Recovery Facility S D.3

13 TABLE : ERMITTED USE TABLE Use Category Other Uses = ermitted C = Conditional S = Special Residential Business Redevelopment O-L R-E R-EL R-1 R-2 R-3 R-4 C- C-1 C-2 M-1 M-2 R-A/R-2 R-A/R-3 R-A/R-4 R-A/DC Special urpose R-A/S S UD/ID CD MUD-N MUD MUD-C MUD-E Obsolete R-CL C-3 M-3 Additional Requirements Mini-Warehousing Establishment S S S S S S D.4 roduction of Edible Marijuana roducts or Marijuana-Infused roducts S C.29 Research Laboratory S S Recycling Center (Indoor) D.5 Recycling Center (Outdoor) S S D.5 Warehous e D.6 OTHER USES Interim Uses Established after July 1, 1991 S S S Interim Uses Established after August 2, 1995 S Live/Work Units E.1 Vertical Mixed Use S E.2

14 SECTION 3: Chapter 20, Section 020, Subsection C of Title 17 of the North Las Vegas Municipal Code is hereby amended by adding a new subsection 29 as follows: 29. Medical Marijuana Establishments a. urpose and Intent In 2013 the Nevada Legislature passed, and the Governor signed into law, Senate Bill 374, now codified in NRS 453A, which allows medical marijuana establishments within the state of Nevada; and requires such establishments to comply with all local business licensing requirements and local land use and code requirements; Federal law and related regulations classify marijuana as a Schedule I controlled substance and prohibit its cultivation, possession, dispensing and use, among other things, for medical reasons or otherwise. This Ordinance is intended to implement NRS 453A and to establish criteria for land use entitlements that are a prerequisite for the exemption from state prosecution provided for in NRS 453A; This section is to provide a procedure for the regulations of medical marijuana establishments as they relate to land uses within the City. These regulations are related to the licensing requirements in Title 5 of the North Las Vegas Municipal Code and provide all land use regulations for medical marijuana establishments. b. Medical Marijuana Establishment ermit Application Upon determination to accept land use applications for medical marijuana establishments, the Director shall issue a request for land use applications. The request shall also establish the deadline in which applications may be submitted. The Director shall: (i) ost on the website of the Department at least 10 days prior to the acceptance period for medical marijuana establishments. (ii) rovide a land use application period within which all applications must be submitted, which period shall be not more than 10 days with a 3:00 p.m. acific Time deadline for all submitted applications. (iii) Return to the entity that submitted a land use application, any application received at a time other than the time set forth in this subsection, and consistent with the notice posted on the website.

15 (iv) (v) Not allow the modification of any application once the deadline for complete applications has passed. Reject and not process any applications that are incomplete. c. ermit Required All medical marijuana establishments within the City of North Las Vegas require a special use permit or a conditional use if located within the I-A Industrial Apex Overlay District. d. Distance Separation Requirements (i) roximity Distance Requirements Table establishes minimum separation distances between medical marijuana establishments and other specified uses. TABLE : ROXIMITY DISTANCE REQUIREMENTS FOR MEDICAL MARIJUANA ESTABLISHMENTS Medical Marijuana Establishments Separation from Schools (feet) [1] Separation from a Community Facility (feet) [2] Separation Between Medical Marijuana Establishments (feet) Separation from Developed Residential (feet) [3] Independent Testing Laboratory 1, Cultivation Facility 1, Facility for the roduction of Edible Marijuana roducts or Marijuana-Infused roducts 1, Medical marijuana Dispensary 1, ,000 [4] NOTES: [1] For the purposes of this section, schools shall be defined as preschool, or kindergarten through 12th grade. [2] For the purposes of this section, community facilities shall have the meaning ascribed to it in NRS Chapter 453A.322(7). [3] For the purposes of this section, developed residential shall be defined as a parcel of land zoned for residential use in which construction for at least one residential unit has begun on the date the applicant applied for the special use permit. [4] A waiver of the 1,000 foot proximity distance requirement my be considered with approval of a special use permit from the appropriate governing body for the proposed use. e. roof of roximity Distance Compliance Required (i) The City shall not accept, nor set for hearing any request unless the applicant provides to the City a survey plat prepared by a Nevada Licensed rofessional Land Surveyor showing that the proposed location complies with the proximity distance requirements above.

16 (ii) Such distances shall be measured utilizing the shortest direct line distance between the exterior walls of the building or portion thereof of the proposed medical marijuana establishment to the nearest property line of property to which it must be separated. f. Medical Marijuana Establishments (i) Generally (1) Approval of a special use permit or a conditional use for any medical marijuana establishment does not constitute or imply approval of any privileged license that may be otherwise required by this Code. (2) Any change in land use, location, or license type as defined in Title 5 shall necessitate application for and approval of a new special use permit or conditional use for the new land use, location, or license type. (3) The special use permit or conditional use shall expire by operation of law and be deemed null and void if the applicant fails to fulfill any and all conditions, stipulations, and limitations within one year from the public meeting date upon which the special use permit was approved, unless an extension of time is granted by the appropriate governing body. (4) The special use permit or conditional use shall expire by operation of law and be deemed null and void at 12:01 AM the calendar day after the applicant s registration certificate issued by the Health Division of the Department of Health and Human Services expires. (5) Applications for medical marijuana establishments shall not be accepted without verification from the Business License Division that the medical marijuana establishment business owner has submitted the required forms, documents, and application fees to the Business License Division to conduct a review for the proposed use. (ii) Medical Marijuana Establishment License In addition to any other requirements as provided by this Code or any other relevant law, Medical Marijuana Establishment must fulfill any and all conditions, stipulations and limitations and commence operations as prescribed by the State.

17 g. Standards for Medical Marijuana Establishments (i) (ii) The following development standards shall apply to all medical marijuana establishments: (1) Must be located in a separate, stand alone building or facility. (2) Must be located in an appropriate zoned district. (3) In addition to complying with Sections (E) and , every establishment shall have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices. (4) With the exception of the specific medical marijuana establishment approved as part of any special use permit or conditional use, no other activity may occur within the facility. (5) A single entrance shall be provided for the medical marijuana establishment, except for additional exits that may be required to comply with life safety requirements. (6) No outside storage on-site shall be permitted. In addition to all conditions in (i) above, the following development standards shall apply to all medical marijuana dispensaries: (1) No drive-through facilities shall be permitted. (2) The minimum size of a medical marijuana dispensary shall be 1,500 square feet and shall be designed to have sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space. (3) Must have an appearance, both as to the interior and exterior that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices. (4) The establishment shall ensure there is no emission of dust, fumes, vapors, or odors into the environment or adjacent suites from the facility. (5) Windows must remain unobstructed, allowing visibility into the facility. Window tint, decals or signage of any kind shall be strictly prohibited.

18 (iii) (iv) (6) Dispensaries located within the M-2, General Industrial District may only be permitted within the same building and in conjunction with a cultivation and/or production establishment under the same ownership or management. In addition to all conditions in (i) above, the following development standards shall apply to all medical marijuana production facilities, or medical marijuana cultivation facilities: (1) The minimum size of the medical marijuana cultivation establishment shall be 3,500 square feet. A medical marijuana production establishment is exempt from this requirement. (2) The establishment shall ensure there is no emission of dust, fumes, vapors, or odors into the environment from the facility. (3) There shall be no retail sales. In addition to all conditions in (i) above, the following development standards shall apply to all testing laboratories: (1) There shall be no retail sales. (2) The establishment shall ensure there is no emission of dust, fumes, vapors, or odors into the environment from the facility. SECTION 4: Chapter 32, Section 030, of Title 17 of the North Las Vegas Municipal Code is hereby amended by adding new definitions as follows: Community Facility Shall have the meaning ascribed to it in NRS Chapter 453A.322(7), which includes a facility that provides daycare to children, public park, playground, public swimming pool, a center or facility where the primary purpose is to provide recreational opportunities or services to children or adolescents, and a place of worship or religious purpose. Medical Marijuana Establishment Means one of the following: Cultivation Facility shall have the meaning ascribed to it in NRS Chapter 453A.056. Dispensary shall have the meaning ascribed to a medical marijuana dispensary as defined in NRS Chapter 453A.115. Independent Testing Laboratory shall have the meaning ascribed to it in NRS Chapter 453A.107.

19 roduction Facility shall have the meaning ascribed to a facility for the production of edible marijuana products and marijuana-infused products as defined in NRS Chapter 453A.105. SECTION 5: NON-INFRINGEMENT OF RIGHTS. The City Council of the City of North Las Vegas has been informed by the City Attorney as to the constitutionality of this ordinance and based upon such information we are adopting this ordinance in good faith with a reasonable belief that the actions taken by the City of North Las Vegas are not in violation of any rights, privileges, or immunities secured by the laws providing for equal rights of citizens or persons. SECTION 6: SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall in no way affect the validity and enforceability of the remaining provisions of this Ordinance. SECTION 7: EFFECTIVE DATE. This Ordinance shall become effective August 7, 2014, after its passage by the City Council of the City of North Las Vegas. ublication once by title in a newspaper qualified pursuant to the provisions of Chapter 238 of NRS, as amended from time to time. SECTION 8: UBLICATION. The City Clerk shall cause this Ordinance, immediately following its adoption, to be published once by title, together with the names of the Councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of Chapter 238 of NRS, as amended from time to time. ASSED AND ADOTED THIS day of, AYES: NAYS: ABSTAIN: ABSENT: AROVED: JOHN J. LEE, MAYOR ATTEST: BARBARA A. ANDOLINA, CITY CLERK