T

Bill No. ________ Ordinance No. ________

AF
SUMMARY: AN ORDINANCE AMENDING LYON COUNTY CODE TITLE
10 – LAND USE REGULATIONS; BY AMENDING:
CHAPTER 1 – PURPOSE AND INTERPRETATION;
DEFINITIONS, AMENDING CHAPTER 4 –
NONRESIDENTIAL DISTRICTS, ADDING CHAPTER 23;
TO ESTABLISH THE STANDARDS AND CRITERIA FOR
RECREATIONAL AND MEDICAL MARIJUANA
ESTABLISHMENTS; AND OTHER MATTERS PROPERLY
RELATED THERETO.
DR TITLE: AN ORDINANCE AMENDING LYON COUNTY CODE TITLE
10 – LAND USE REGULATIONS; BY AMENDING:
CHAPTERS 1 –PURPOSE AND INTERPRETATIONS;
DEFINITIONS AND 4 – NONRESIDENTIAL DISTRICTS;
ADDING: CHAPTER 23 – MEDICAL AND RECREATIONAL
MARIJUANA; AND OTHER MATERS PROPERLY
RELATED THERETO.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE BOARD OF COUNTY COMMISSIONERS OF LYON COUNTY, NEVADA

DOES HEREBY ORDAIN:

Section 1. Lyon County Code; Title 10 – Land Use Regulations is hereby amended
to remove Subsection D from the following chapter:

CHAPTER 1: PURPOSE AND INTERPRETATION; DEFINITIONS

10.01.03: INTERPRETATION AND APPLICATION OF PROVISIONS:

A. Minimum Requirements: In interpretation and application, provisions of this title

shall be held to be minimum provisions only for the promotion of health, safety,
morals, convenience, property and general welfare of the public. It is not intended
that this title repeal or in any way interfere with existing law or ordinances,
regulations or permits other than those relating to land use and construction and
use of structures.

Conflicts With Other Laws And Agreements: When this title imposes a greater
restriction upon the use of land or upon height, bulk, location or use of the
buildings than is required by existing provisions of law or private covenant or
other restrictions, the provisions of this title shall prevail; private covenants or
deed restrictions which impose more restrictive conditions than herein contained

01/08/2018 1
 T
AF
are not superseded by this title. C. Use Classifications: The following shall
prevail:

1. Express Enumeration Of Building: The express enumeration in this title of a

particular class of building or use in any district shall be determined a
prohibition of such building or use in all other districts unless so specified.

2. Uses Not Specifically Included/Excluded: Uses not specifically included in any

land use district and not specifically excluded therefrom by this title may be
included in that district as determined by the commission if such uses are
DR similar to and not more obnoxious than the uses specifically included or if such
uses are accessory to uses which are specifically included.

3. Commission May Reclassify A Use: The commission may reclassify a use

when such reclassification does not violate the intent of this title and provided
the commission publishes newspaper notification and holds at least one public
hearing thereon.

4. Consistency With State And Federal Law: Notwithstanding any other provision
of this title, any land use, activity or establishment that contravenes either state
or federal law, or both, is prohibited.

[D. Medical Marijuana Establishments: Notwithstanding any other provision of this

title, 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 Lyon County.

1. Definition: “Medical marijuana establishment” shall have the same definition

as in section 8.3 of SB 374, and as may be amended.
2. Medical Use Of Marijuana: 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.]

Section 2. Lyon County Code; Title 10 – Land Use Regulations is hereby amended
to add to the following chapters:

10.01.04: DEFINITIONS:

As used in this title the words and phrases defined herein have the meanings ascribed
to them as follows:

ACCESS: Clear and unobstructed approach usable by motor vehicles to a legally

dedicated public way.

01/08/2018 2
 T
AF
ACCESSORY BUILDING: A subordinate building, the use of which is incidental to that
of the main building or a potential main building.

ACRE, GROSS: A gross acre consists of forty three thousand five hundred sixty
(43,560) square feet of land, and includes any public streets and alleys or other rights of
way or easements.

ACRE, NET: A net acre consists of forty three thousand five hundred sixty (43,560)
square feet of land, exclusive of any public streets and alleys or other rights of way, but
inclusive of public utility, drainage, or irrigation maintenance easements. Unless
DR
otherwise stated "acre" means net acre wherever used in this code.

ADMINISTRATOR: The planning director, consultant or other agent as duly appointed

and acting in the capacity of administrator.

ALLEY: A public thoroughfare or way which affords only a secondary means of access
to abutting property not intended for general traffic.

ARTISAN AND SMALL SCALE MANUFACTURING: The manufacture, creation,

construction, fabrication or assembly of artisan goods, specialty foods and beverages,
and other small goods entirely within a store, shop or building. Artisan and small scale
manufacturing businesses are intended to be allowed when the use can be compatible
with adjacent uses without altering the character of the neighborhood, or creating any
negative impacts on the public health, safety and general welfare of adjacent properties.

A. Use Examples: Types of uses include, but are not limited to: artisan leather, glass,
jewelry, cutlery, hand tools, wood, paper, ceramic, textile and yarn products;
musical instruments, sporting and athletic goods, toys, brooms and brushes,
buttons, costume novelties; confectionery, specialty foods, bakery and tortilla
manufacturing; microbreweries, microdistilleries and wineries; metalwork,
woodworking, furniture making and repair, gunsmith, blacksmith and machining of
small parts; and other miscellaneous small scale manufacturing industries and
similar uses.

B. Residential Districts: When allowed in a residential district, no public display of

stock in trade shall be allowed within the dwelling or accessory buildings, nor
shall the use change the residential character of the dwelling or neighborhood.

C. Commercial Or Mixed Districts: When allowed in a commercial, or mixed

commercial and residential district, the use shall not change the retail nature of a
store or shop, no public display of stock in trade shall be allowed within a
dwelling, nor shall the use change the nature or character of the neighborhood.

D. Nuisance Uses: The use shall not create a noticeable amount of noise, dust,
objectionable odor, smoke, glare or vibration at the property line; does not require

01/08/2018 3
 T
AF
outside storage; and does not generate objectionable amounts of parking or
traffic.

BARNYARD ANIMALS: Horses, cows, sheep, mules, donkeys, llamas, goats and other
like animals.

BILLBOARD: An outdoor advertisement, with a minimum size of one hundred (100)

square feet, making a material or service known, such advertisement being remote from
the point of sale of such material or service.
DR
BOARD: The board of Lyon County commissioners.

BOARDING OR ROOMING HOUSE: A building or portion thereof (not a motel) where,

for compensation, meals and lodging are provided for more than two (2) guests.

BUILDING: Any roofed structure having a roof supported by columns or walls and used
for the shelter of persons, animals or chattels but not including a trailer or mobile home.

Central Accessory Building: A structure housing toilets, lavatories and such other
facilities as required or permitted by this title.

Guest Building: A structure occupying an accessory position on a lot, which contains

no cooking facilities and is used exclusively for housing domestic help or nonpaying
guests. No reduction of required side yards shall be allowed for this use regardless
of other provisions of this title.

Main Building: A building devoted to the principal use of the lot upon which it is
situated.

BUILDING DEPARTMENT: The officer, department or agency of the county who is

charged with the enforcement of the provisions of all ordinances and regulations
pertaining to the erection, construction, reconstruction, alteration, conversion,
movement, arrangement or use of buildings or structures within the county.

BUILDING HEIGHT: The vertical distance from the average level of the ground covered
by the building to the highest point of the roof.

BUILDING SETBACK: The distance between the property line and the foundation of a
building on the property above grade level.

CAMPING TRAILER: See definition of Recreational Vehicle.

CARPORT: An accessory building having one or more open sides, intended for vehicle
parking or storage.

01/08/2018 4
 T
AF
CEMETERY: Land designated and used for the interment of the dead, including
columbariums, crematoriums, mausoleums and mortuaries when operated in
conjunction with and within the boundary of such cemetery.

CHILDCARE FACILITY: Any place, home, institution or establishment in which more

than three (3) children other than those of the owner are received, cared for or
maintained for any period of time with or without compensation.

COMMERCIAL COACH: A structure without motive power which is designed and

equipped for human occupancy for industrial, professional or commercial purposes.
DR
COMMISSION: The planning commission of Lyon County.

DIRECT ACCESS: The provision for immediate ingress and egress of vehicles from an
abutting street to an adjacent street.

DWELLING: Any building or portion thereof used exclusively for residential purposes but
shall not include hotels, clubs, boarding or rooming houses, fraternity or sorority houses
or institutions.

Living Unit: A building or portion thereof containing one kitchen, designed and/or
used to house not more than one family, including necessary employees of each
such family.

Multiple-Family Dwelling: A building designed and/or used to house three (3) or more
families, living independently of each other, including necessary employees of each
such family.

Single-Family Dwelling: A building or manufactured home containing one kitchen,

designed and/or used to house not more than one family, including necessary
employees of such family.

Two-Family Dwelling: A building containing not more than two (2) kitchens, designed
and/or used to house not more than two (2) families living independently of each
other, including necessary employees of each such family.

EXTREMELY HAZARDOUS SUBSTANCE: Those substances in quantities above the

threshold planning quantities that are regulated under section 302 of the superfund
amendments and reauthorization act of 1986 (SARA) title III as extremely hazardous
substances.

FAMILY: One person living alone or two (2) or more persons related by blood, marriage
or legal adoption or a group not exceeding four (4) persons living as a single
housekeeping unit.

01/08/2018 5
 T
AF
GARAGE:

Private Or Parking Garage: A structure intended for the noncommercial storage of

motor vehicles.

Public Garage: A building for the storage of motor vehicles or boats as a commercial
venture.

GOVERNING BODY: The board of county commissioners of Lyon County.

DR
HOME OCCUPATION: A use customarily carried on by a dwelling occupant and
incidental to the primary residential purpose, provided the residential character of the
property is not changed. Such uses are subject to the following:

A. Not more than one occupation in any single dwelling.

B. Such use shall be confined to the occupants of the dwelling and shall be limited to
two (2) persons; except, that if the home occupation shall consist of childcare for
hire, the following special limitations shall apply:

1. An occupant of a dwelling may care for not more than six (6) children, other
than children of the occupant, as a permitted use in any residential zone,
provided there is no interference with the quiet enjoyment of the residential
neighborhood, and provided that the childcare is conducted in such a manner
as not to pose any risk of harm to children.

2. An occupant may care for seven (7) to twelve (12) children, other than children
of the occupant, as a special use in any residential zone, provided the
occupant first obtains a special use permit, such permit to include, as
conditions, that there is no interference with the quiet enjoyment of the
residential neighborhood, that the childcare is conducted in such a manner as
not to pose any risk of harm to children, and such other conditions as the
commission and board shall deem proper.

3. All childcare for hire required to be licensed by the state shall obtain such
license.

4. All home occupation childcare operations shall comply with all other provisions
of this title, other county ordinances and state and federal laws, rules and
regulations.

C. No sale of goods, samples, materials or other objects on the premises, nor any
storage or manufacture thereof.

01/08/2018 6
 T
AF
D. Not more than one room containing not more than twenty five percent (25%) of
the total ground floor area of the dwelling for such use.

E. A sign not larger than seventy two (72) square inches in connection thereto.

F. No addition, alteration or remodeling which would change the residential character

of the unit.

G. No occupation which would or might produce noise, odor, dust, smoke or

electrical disturbance or in any way interfere with the peace, contentment and
DR general welfare of the area.

H. The use of special equipment or the repair or the manufacture of goods or

equipment may be approved subject to conditions.

I. No home occupations of any use entailing food handling, processing or packing,

harboring of animals, automobile body and/or fender repair or similar activity.

J. No home occupation is exempt from obtaining a county business license by virtue

of being a home occupation, and failure to obtain a business license where
required shall be punishable as provided in title 5, chapter 1 of this code.

K. The home occupation must not cause any parking or traffic congestion within the
immediate area.

L. The holder of the business license for the home occupation must reside on the
premises where the home occupation is occurring.

M. All persons conducting home occupations shall comply with all federal, state and
county laws, ordinances, rules and regulations.

N. Occupations which require that customers come to the place of business are not
permitted as home occupations; except, that where home occupation childcare is
authorized, parents may visit the place of care for the limited purpose of dropping
off and picking up children. Persons conducting home occupation childcare shall
ensure that such coming and going does not interfere with quiet enjoyment of the
neighborhood, or block access to the property of others.

HOSPITAL: A building used for the accommodation of the sick, injured or infirm,
including clinics, sanatoriums, convalescent and rest homes, boarding hospitals and
homes for children or the aged.

HOTEL OR RESORT HOTEL: A building occupied by guests as a temporary residence

of individuals, lodged with or without meals and where there are generally no provisions
for cooking in an individual unit.

01/08/2018 7
 T
AF
INDIVIDUAL MOBILE HOME SITE: Any parcel, site or tract of land used or designed for
the occupancy of not more than one mobile home, including parking areas, accessory
buildings and required yard areas.

JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris,
waste or junked, dismantled or abandoned motor vehicles or parts thereof, iron, steel
and other old or scrap ferrous or nonferrous material and all other secondhand, used or
castoff articles or material of any kind.

JUNKYARD: An establishment or place of business which is maintained, operated or

DR
used for storing, keeping, processing, buying or selling junk, or for the maintenance or
operation of an automobile graveyard or scrap metal processing facility, and the term
shall include garbage dumps and sanitary fills.

KENNEL:

Breeder's Kennel: Any enclosure, premises, building, structure, lot or area where more
than three (3) dogs of a recognized, registered breed over six (6) months of age are
kept, harbored or maintained as follows:

A. For breeding;

B. For showing in recognized dog shows, field or obedience trials;

C. For working or hunting; or

D. For improving the variety or breed in temperament or conformation with a view to

exhibition in shows or trials or for use as working dogs in hunting. (A breeder's
kennel shall, in addition to the provisions of this title, comply with the provisions of
the Lyon County dog ordinance1 as it relates to breeder's kennels.)

Commercial Kennel: Any enclosure, premises, building, structure, lot or area where
more than three (3) dogs over six (6) months of age are kept, harbored or maintained for
commercial purposes. (A commercial kennel shall, in addition to the provisions of this
title, comply with the provisions of the Lyon County dog ordinance as it relates to
commercial kennels.)

KITCHEN: A room used for cooking and for the preparation of food.

LOADING SPACE: An off street space or berth of not less than ten feet by forty five feet
(10' x 45') on the same lot or contiguous to a building or group of buildings for temporary
parking of vehicles while handling merchandise or materials.

LOT: A distinct part or parcel of land divided with the intent to transfer ownership or for
building purposes and which abuts upon a means of legal access.

01/08/2018 8
 T
AF
Lot Depth: The average distance between the front and rear lines.

Lot Width: The average width of a lot.

MANUFACTURED HOME:

A. A structure which is:

1. Built on a permanent chassis;

DR 2. Designed to be used with or without a permanent foundation as a dwelling when
connected to utilities;

3. Transportable in one or more sections; and

4. Eight feet (8') or more in body width or forty feet (40') or more in body length when
transported, or when erected on site, contains three hundred twenty (320) square
feet or more.

B. The term includes:

1. The plumbing, heating, air conditioning and electrical systems of the structure.

2. Any structure:

a. Which meets the requirements of subsections A1 to A4, inclusive, of this

definition, and with respect to which the manufacturer voluntarily files a
certification required by the secretary of housing and urban development and
complies with the standards established under the national manufactured
housing construction and safety standards act of 1974 (42 USC section 5401 et
seq.); or

b. Built in compliance with the requirements of Nevada Revised Statutes chapter

461.

MEDICAL MARIJUANA: The medical use of marijuana as defined in NRS 453A

including:

A. The possession, delivery, production or use of medical marijuana;

B. The possession, delivery or use of paraphernalia used to administer medical

marijuana; or

C. Any combination of the acts described in subsections A and B, above,

01/08/2018 9
 T
AF
as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of
their chronic or debilitating medical condition.

MEDICAL MARIJUANA CULTIVATION FACILITY: A facility licensed by the State of

Nevada that acquires, possesses, cultivates, delivers, transfers, transports, supplies
and/or sells marijuana and related products to medical marijuana dispensaries, facilities
for production of edible marijuana or marijuana-infused products or other cultivation
facilities.

MEDICAL MARIJUANA DISPENSARY: A facility licensed with the State of Nevada that
DR
acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses
marijuana or related supplies and educational materials to the holder of a valid registry
identification card as defined in NRS 453A.

MEDICAL MARIJUANA ESTABLISHMENT: An establishment that is a medical

marijuana cultivation facility, a medical marijuana dispensary, a medical marijuana
production facility or a medical marijuana testing laboratory facility.

MEDICAL MARIJUANA TESTING LABORATORY: A facility licensed by the State of

Nevada that provides testing and analysis of marijuana, edible marijuana products and
marijuana-infused products to be sold at medical marijuana dispensaries within the
State of Nevada.

MINING: The acts and processes involved in extracting ore from a mineral deposit,
generally to include hauling, blasting, milling and refining. For purposes of this title,
"mining" shall not include prospecting and exploration for minerals of commercial value
where less than one thousand five hundred (1,500) cubic yards is removed in any one
location of five (5) acres or less; geological, geochemical and geophysical mapping.

MOBILE HOME: A structure which is:

A. Built on a permanent chassis;

B. Designed to be used with or without a permanent foundation as a dwelling when

connected to utilities;

C. Transportable in one or more sections.

This term includes the design of the body and frame and the plumbing, heating, air
conditioning and electrical systems of the mobile home. "Mobile home" does not include
a travel trailer, commercial coach, manufactured home or any structure built in
compliance with the requirements of Nevada Revised Statutes chapter 461.

MOBILE HOME PARK: An area, parcel, or tract of land having as its principal use the
rental, leasing or occupancy of space by two (2) or more mobile homes on a permanent

01/08/2018 10
 T
AF
or semipermanent basis, including accessory buildings, structures or uses customarily
incidental thereto.

MOBILE HOME SPACE: A portion of land within a mobile home park or mobile home
subdivision used or intended to be used for parking of one mobile home, including the
land covered by the mobile home, required yards and parking area and attached and/or
detached accessory buildings and structures and open space.

MOTEL: A building containing two (2) or more accommodations for sleeping used
mainly by travelers, with an individual, private on site parking area attached or
DR
accessible to each unit.

MOTOR HOME: See definition of Recreational Vehicle.

PARCEL OF LAND: Any unit of land.

PARKING SPACE: A permanently maintained space on a lot or parcel, suitable for the
parking of one automobile, not less than eighteen feet (18') long by eight and one-half
feet (81/2') wide.

PLANNED SITE DESIGN: A method or design approach which is used in the

development of mobile home parks and recreational vehicle parks.

RAMADA: Any roof or shade structure, installed, erected or used above a mobile home,
recreational vehicle, lot, space or portion thereof.

RECREATIONAL MARIJUANA: Marijuana cultivated, produced and processed into

edible or marijuana-infused products, tested or sold for consumption by adults over the
age of twenty-one (21) without the benefit of a medical marijuana card in accordance
with Nevada Revised Statutes Chapter 453D.

RECREATIONAL MARIJUANA CULTIVATION FACILITY: A facility licensed by the

State of Nevada that acquires, possesses, cultivates, delivers, transfers, transports,
supplies and/or sells marijuana and related products to medical marijuana dispensaries,
facilities for production of edible marijuana or marijuana-infused products or other
cultivation facilities.

RECREATIONAL MARIJUANA ESTABLISHMENT: An establishment that is a

recreational marijuana cultivation facility, a recreational marijuana production facility, a
recreational marijuana retail store or a recreational marijuana testing laboratory facility.

RECREATIONAL MARIJUANA RETAIL STORE: A facility licensed with the State of

Nevada that acquires, possesses, delivers, transfers, transports, supplies and sells
marijuana or related supplies and educational materials to adults age twenty-one (21) or
older as defined in NRS 453D.

01/08/2018 11
 T
AF
RECREATIONAL MARIJUANA TESTING LABORATORY: A facility licensed by the
State of Nevada that provides testing and analysis of marijuana, edible marijuana
products and marijuana-infused products to be sold at recreational marijuana retail
stores within the State of Nevada.

RECREATIONAL VEHICLE: A vehicular structure primarily designed as temporary living

quarters for travel, recreational or camping use which may be self-propelled, mounted
upon or drawn by a motor vehicle.

RECREATIONAL VEHICLE PARK: A parcel or tract of land having as its principal use
DR
the transient rental of two (2) or more spaces for recreational vehicles, including
accessory buildings, structures or uses.

REQUIRED AREA: The minimum area of a lot or parcel necessary to permit its use
under the provisions of this title.

REQUIRED WIDTH: The average width of a lot or parcel of land.

RESIDENTIAL INDUSTRY: The creation, construction, fabrication or assembly of

artwork or craftwork within a dwelling, store or shop or within an accessory building
thereto.

A. Specific uses permitted are pottery work, jewelry making, metalwork not using
equipment larger than hand tools, woodworking, sign painting, homemade
clothing, leatherwork, lapidary, painting, sculpture, and similar uses.

B. When allowed in a residential district, no public display of stock in trade shall be

allowed within the dwelling or accessory buildings nor shall the use change the
residential character of the dwelling.

C. When allowed in a commercial district, the use shall not change the retail nature
of the store or shop.

D. The use shall not cause any sustained, unpleasant or unusual noises, vibrations,
noxious fumes or odors nor cause any parking or traffic congestion within the
immediate area thereof.

ROOM: An unsubdivided portion of the interior of a dwelling, excluding bathrooms,

kitchen, closets, hallways and porches.

SANITARY STATION: A facility used for removing and disposing of wastes from
recreational vehicle holding tanks.

SCHOOL: An educational institution which offers the kind of instruction required to be

taught in the public schools of the state.

01/08/2018 12
 T
AF
SERVICE STATION: Premises used exclusively for retail sales of motor vehicle fuels or
oils, having storage tanks and pumps located thereon and providing minor repairs or
washing, but not including repairs, bodywork or rebuilding.

SIGN: An outdoor advertisement making a material or service known and located at the
place of sale.

STREET: A public vehicular thoroughfare which affords a primary means of access to

abutting property.
DR
STRUCTURE: Any construction except a fence, tent, recreational vehicle, mobile home
or vehicle, including signs, but not fences or walls used as fences.

Permanent Structure: A structure intended and installed to exceed one year's

duration.

Temporary Structure: A structure intended and installed not to exceed one year's
duration and to be removed entirely at the expiration thereof.

TRAVEL TRAILER: See definition of Recreational Vehicle.

YARD: The open space on the same lot or parcel with a building to be unoccupied and
unobstructed.

Front Yard: A yard lying between the foundation of the building and the front line and
extending across the full width of the lot or parcel.

Rear Yard: A yard between the building and the rear line and extending across the
full width of the lot or parcel.

Side Yard: A yard lying between the side lot line and the building and extending from
the front yard line to the rear yard line.

CHAPTER 4: NONRESIDENTIAL DISTRICTS

10.04.03: M-1 GENERAL INDUSTRIAL DISTRICT:

B. Uses Permitted: Permitted uses on a lot or parcel having the required area and width
are as follows: any use permitted in C-2 district, manufacturing, rebuilding, repairing,
processing, assembly, fabrication, distributing, storage, warehousing, shipping, auto
body repair, truck depot, cleaning and dyeing, except as requiring a special use permit,
recreational and medical marijuana establishments for cultivation, production and testing
laboratories and adult characterized businesses.

10.04.04: M-E: INDUSTRIAL ESTATES DISTRICTSUBURBAN COMMERCIAL MIXED

USE DISTRICT:

01/08/2018 13
 T
AF
B. Uses Permitted: Uses permitted on a lot or parcel having the required area and
required width are as follows:

Administrative, executive, professional, research and similar office uses, having

limited contact with the general public.

Manufacturing, processing, assembly, fabricating or storage of products or materials;

recreational and medical marijuana establishments for cultivation, production and
testing laboratories.
DR Accessory uses customarily incident to the above.

Other uses which are, in the opinion of the administrator, similar to the above.

A residential owner or watchman may reside in the same structure that the business
occupies.

10.04.07: C-2 GENERAL COMMERCIAL DISTRICT:

D. Special Uses: Uses requiring a special use permit are as follows:

Adult characterized businesses.

Amusement arcade (or park).

Archery range (minimum lot size: 2 acres).

Auction house/yard.

Billboards.

Cabinet or woodworking shop.

Campgrounds.

Childcare facilities.

Flea market.

Massage parlor.

Medical marijuana dispensaries.

Ministorage.

Motorcycle sales.

01/08/2018 14
 T
AF
Outdoor theater.

Recreational marijuana retail sales.

Rest home, convalescent home, hospitals, nursing home, group care facilities, home
for the aged, sanatoriums.

Schools.

Youth recreation facilities.

DR Other like uses.

Section 3. Lyon County Code; Title 10 – Land Use Regulations is hereby amended
to add the following chapter:

CHAPTER 23 – RECREATIONAL AND MEDICAL MARIJUANA

10.23.01 PURPOSE:

The purpose of this chapter is to establish procedures for the review and
permitting of recreational and medical marijuana establishments within Lyon
County.

10.23.02 APPLICABILITY:

All recreational and medical marijuana establishments proposed for location

within the unincorporated portions of Lyon County are subject to the provisions
of this chapter.

10.23.03 PERMIT FOR CONSTRUCTION OF A MEDICAL OR RECREATIONAL

MARIJUANA CULTIVATION, PROCESSING OR TESTING LABORATORY FACILITY
IN THE M-E (INDUSTRIAL ESTATES) OR M-1 (GENERAL INDUSTRIAL) ZONING
DISTRICT:

Any medical or recreational marijuana cultivation, processing or testing

laboratory facility proposing to be located within a M-E (Industrial Estates) or M-1
(General Industrial) zoning district as identified in the Lyon County Zoning Maps
shall submit an application for a marijuana cultivation, processing and/or
laboratory testing facility permit to the Planning Department for review. The
applicant must receive approval of the use prior to establishment. The application

01/08/2018 15
 T
AF
shall be in the form specified by the department and contain sufficient information
to demonstrate:
1. Location within either an M-E or M-1 zoning district provided the zoning is
in conformance with the master plan land use designation of Industrial;

2. Documentation of compliance with the operating standards contained in

the State of Nevada regulations, including locational criteria;
DR 3. Location within a building complying with the regulations in state law
(including emission of pollutants, dust, fumes, vapors, and odors);

4. Location in a permanent building that complies with Lyon County building

codes and with the appropriate fire protection district’s fire codes for an
industrial building (not permitted within manufactured homes, trailers,
cargo containers, motor vehicles or similar personal property);

5. A safety plan approved by the Lyon County Sheriff’s Office, the appropriate
fire protection district and the Planning Department that includes as a
minimum installation and maintenance of a video monitoring system which
must at a minimum:
a. Allow for the transmission and storage, by digital or analog means of
a video feed which displays the interior and exterior of the facility,
and
b. Be capable of being accessed remotely by the Lyon County Sheriff’s
Department in real time upon request;

6. Compliance with parking requirements (to be determined through the uses

occurring within the building);

7. Have restricted access to the site and building (e.g., gated, limited number
of driveways, controlled entrances, etc.) to the approval of the County;

8. That all loading/unloading of marijuana, product or any other items

associated with the operations shall if feasible, be located within the
building or have a secured area for that purpose to the approval of the
County and be limited to between the hours of 6:00 a.m. through 5:00 p.m.;

9. Compliance with County building lighting and site lighting requirements;

01/08/2018 16
 T
AF
10. Sufficient and adequate water service;

11. Sufficient and adequate sewage disposal;

12. Refuse, including marijuana remnants, marijuana-infused products, bi-

products and other waste materials shall be disposed of in a safe, sanitary
and secure manner in a location and method approved by both the State of
Nevada and Lyon County;
DR 13. No marijuana shall be smoked, ingested or otherwise consumed on the
premises of the cultivation, production, and/or testing facilities;

14. No marijuana shall be displayed or kept in cultivation, processing and/or

testing laboratory so as to be visible from the outside of the premises; and

15. Such other information determined to be necessary to ensure that the

project will not negatively impact abutting properties and the public health,
safety and general welfare.

Upon review and a determination that the project is located within a designated
utility corridor and in conformance with the goals and policies of the Lyon County
Code, the director shall issue an administrative review permit authorizing the
project. The permit shall reference the specific plans contained in the application
(or modifications thereto).

An approved administrative review permit shall expire within eighteen (18)

months from the date of issuance of the registration or certification by the State
of Nevada if the facility is not fully operational.

In the event a facility loses its registration or certification by the State of Nevada,
the administrative review permit approval is revoked.

10.22.04 SPECIAL USE PERMIT FOR CONSTRUCTION OF A RECREATIONAL

MARIJUANA RETAIL SALES FACILITY OR A MEDICAL MARIJUANA DISPENSARY
LOCATED IN A C-2 (GENERAL COMMERCIAL) ZONING DISTRICT:

A. A Special Use permit shall be required for a medical marijuana dispensary or a

recreational marijuana retail sales facility that is on a property located in a C-2

01/08/2018 17
 T
AF
(General Commercial) zoning district as identified on the Zoning Maps of the Lyon
County Planning Department. In addition to the requirements of 10.12.01 Special
Use Permit, the applicant for a medical marijuana dispensary or a recreational
marijuana retail sales facility shall demonstrate that the proposed project meets
the following criteria:

1. Permitted Locations – medical marijuana dispensaries and recreational

marijuana retail sales facilities shall only be located on C-2 (General
DR Commercial) zoned parcels having frontage and direct access onto:

a. Highway 50 between ______ in Mound House;

b. Highway 50 between ______ in Dayton Valley;

c. Highway 50 between ______ in Stagecoach;

d. Highway 50 between _____ in Silver Springs; and

e. Highway 95A between Goldfield Avenue and Burch Drive in Mason

Valley;

2. The medical marijuana dispensaries and recreational marijuana retail sales

facilities shall provide documentation that the site shall:

a. Comply with the locational criteria listed in State law for distance
separation from public schools, private schools and public facilities
as defined in NRS 453A and 453D; and

b. Not be located within 1,000 feet of a Nevada licensed substance

abuse treatment center as measured from the front door of the
dispensary/retail sales facility to the closest property line;

3. No variance shall be granted to reduce the minimum separation distances

in 2a and 2b;

4. Applications for a medical marijuana dispensary shall include

documentation that the facility will be able to operate in compliance with
the standards in NRS 453A and State Department of Taxation regulations;

5. Applications for recreational marijuana retail sales facilities shall include

documentation that the facility will be able to comply with the standards in
NRS 453D and State Department of Taxation regulations;

01/08/2018 18
 T
AF
6. Location within a building complying with the regulations in state law
(including emission of pollutants, dust, fumes, vapors, and odors);

7. Location in a permanent building that complies with Lyon County building

codes and with the appropriate fire protection district’s fire codes for an
industrial building (not permitted within manufactured homes, trailers,
cargo containers, motor vehicles or similar personal property);

8. A safety plan approved by the Lyon County Sheriff’s Office, the appropriate
DR fire protection district and the Planning Department that includes as a
minimum installation and maintenance of a video monitoring system which
must at a minimum:
a. Allow for the transmission and storage, by digital or analog means of
a video feed which displays the interior and exterior of the facility,
and
b. Be capable of being accessed remotely by the Lyon County Sheriff’s
Department in real time upon request;

9. Safe and secure delivery system and delivery area of marijuana, marijuana
products and any other items associated with the operation to the facility;

10. Loading and unloading of marijuana, marijuana products or any other items
associated with the operation of the facility shall only occur between the
hours of 8:00 a.m. and 6:00 p.m.;

11. The facility shall not be open to the public before or after the hours of 8:00
a.m. to 9:00 p.m.;

12. The facility is prohibited from having drive-through service operations;

13. The facility shall have a single secure customer entrance to the approval of
the County;

14. Compliance with County building lighting and site lighting requirements;

15. Compliance with parking requirements (to be determined through the uses
occurring within the building);

16. Sufficient and adequate water service;

17. Sufficient and adequate sewage disposal;

01/08/2018 19
 T
AF
18. Refuse, including marijuana remnants, marijuana-infused products, bi-
products and other waste materials shall be disposed of in a safe, sanitary
and secure manner in a location and method approved by both the State of
Nevada and Lyon County;

19. No marijuana shall be smoked, ingested or otherwise consumed on the

premises of the cultivation, production, and/or testing facilities;

20. No marijuana shall be displayed or kept in cultivation, processing and/or

DR testing laboratory so as to be visible from the outside of the premises; and

21. Such other information determined to be necessary to ensure that the

project will not negatively impact abutting properties and the public health,
safety and general welfare.

An approved special use permit for a medical marijuana dispensary or a

recreational marijuana retail sales facility shall expire within eighteen (18) months
from the date of issuance of the registration or certification by the State of Nevada
if the dispensary or retail sales facility is not fully operational.

In the event a medical marijuana dispensary or recreational marijuana retail sales

facility loses its registration or certification by the State of Nevada, the special
use permit approval is revoked.

Section 2. If any section of this ordinance or portion 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 3. All ordinances, parts of ordinances, chapters, sections, subsections,

clauses, phrases or sentences contained in the Lyon County Code in conflict herewith
are hereby repealed.

Section 4. This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.

THIS RESOLUTION was proposed on the ____ day of ______________, 2018 by

the following County Commissioner(s): __________________________________.

01/08/2018 20
 T
AF
THIS RESOLUTION has been PASSED, ADOPTED and APPROVED this ____

day of _______________, 2018 by the following vote of the Board of County

Commissioners, Lyon County:

AYES:
NAYS:
DR ABSENT:
ABSTENTIONS:

Board of County Commissioners

Lyon County

__________________________
By: Chairman

Attest:

____________________________
Clerk of the Board

01/08/2018 21