STAFF REPORT. To: Planning Commission Meeting Date: May 11, Requested Action: To amend the Zoning Ordinance ( 17)

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1 SFF REORT # 13 ) ZOA ZONING ORDINANCE AMENDMENT UBLIC HEARING To: lanning Commission Meeting Date: May 11, 2016 Item: ZOA repared By: Marc Jordan GENERAL INFORMATION: Applicant: City of North Las Vegas Requested Action: To amend the Zoning Ordinance ( 17) BACKGROUND INFORMATION: The proposed ordinance amendment will require a special use permit for medical marijuana establishments within the Apex Overlay District where the current Zoning Ordinance requires a conditional use permit. In addition, the proposed amendment would remove the requirements for an applicant to apply for a business license at the time they file their special use permit. Lastly, the proposed amendments clarifies the FAA citation that is referenced for structures exceeding the height limitations within the Apex area. ANALYSIS: During the latest legislative session, SB 276 amended various provisions of NRS 453 which outlines the requirements for medical marijuana establishments. A portion of this bill established procedures in which medical marijuana applicants may relocate their establishment within the same jurisdiction, provided the new location was approved as part of a public hearing. The current requirements for medical marijuana establishments to locate or relocate within the Apex area only require staff approval of a conditional use permit. However, as this process is approved by staff only, and does not require a public hearing, it no longer complies with the new provisions of SB 276 that requires a public hearing. Therefore, the location or relocation of a medical marijuana establishment within the Apex area must be approved as part of a public hearing. The special use permit process is a public hearing process, and the proposed amendments would require new establishments or the relocation of existing establishments to be approved as part of a public hearing. Staff is also proposing to eliminate the requirement in which an applicant must file their business license at the same time as they file their request for a special use permit. Currently, all new applications have been for a relocation, and the applicants have already submitted requests for a business license. In addition, by removing this requirement, the accepting and processing of special use permits for medical marijuana establishments would be the same as special use permits for any other type of use.

2 This amendment will bring consistency to the Zoning Ordinance in regards to special use procedures. The last amendment is a housekeeping item to clarify the proper reference to FAA requirements for structures exceeding the height limits within the Apex Overlay District. It was brought to staff s attention that the reference regarding FAA approval for tall structures was not the proper reference. Therefore, the proposed amendment clarifies the proper reference. RECOMMENDATION: The Community Development and Compliance Department recommends that ZOA be forwarded to the City Council with a recommendation of approval. (Note: Bold-Italics represent new language, and deleted language is represented with strikeouts.) Attachment: Draft Ordinance

3 ORDINANCE NO. 27XX AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIAL CODE OF THE CITY OF NORTH LAS VEGAS, RELATING TO ZONING (ZOA-03-16); BY AMENDING TITLE 17 SECTION (F)(3)(E) BLE (OVERLAY DISTRICT ERMITTED USES), SECTION (F)(4) BLE (SITE DIMENSION SNDARDS IN I-A OVERLAY DISTRICT) WITHIN THE AEX OVERLAY DISTRICT, SECTION (C)(29)(B) (ERMIT REQUIRED); SECTION (C)(29)(E) (MEDICAL MARIJUANA ESBLISHMENTS), AND SECTION (C)(29)(F)(4) (SNDARDS FOR MEDICAL MARIJUANA ESBLISHMENTS) REMOVING CONDITIONAL USE ROVISIONS FOR MARIJUANA ESBLISHMENTS, REMOVING THE REQUIREMENT TO ALY FOR A BUSINESS LICENSE AT THE TIME OF FILING A LAND USE ALICATION, AND CLARIFING THE ROER REFERENCE TO FAA ROCEDURES FOR BUILDING OR STRUCTURE HEIGHT REQUIREMENTS WITHIN THE AEX OVERLAY DISTRICT, 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 16, Section 050, Subsection F, Subsection 3, Subsection e, 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 Blank = rohibited Transition Area (), as shown on Map 1 Use Category Use Type Outside UBLIC AND INSTITUTIONAL USES Institutions School: Technical and Trade only Within Additional Requirements

4 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Blank = rohibited Transition Area (), as shown on Map 1 Use Category Use Type Outside Within Additional Requirements ublic and Civic Uses Transportation Electrical ower Transmission oles and Lines, as identified in the Comprehensive lan. Essential ublic Service or Utility Installation /O 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 Motor Freight Terminal /O If poles and lines are not identified in the Comprehensive lan, they are Special Uses Limited to olice, Fire, and EMS facilities in COMMERCIAL AND OFFICE USES Animal care Animal Hospital or Clinic /O Restaurant, Excluding Fast Food Restaurants C S/O Eating and Drinking Establishments Restaurant, Fast Food C C/O Restaurant Holding a Full Liquor On-Sale License S S/O Max. of 5,000 sq ft outside Max. of 2,500 sq ft inside Max. of 5,000 sq ft outside Max. of 3,000 sq ft inside Max. of 5,000 sq ft outside Max. of 2,500 sq ft inside Bank or Financial Institution C Maximum size 3,000 sf Offices Deferred deposit loans or short term loans S Maximum size 3,000 sf Medical, Dental, or Health Clinic C Maximum size 3,000 sf rofessional Office C S/O Maximum size 10, 000 sq ft/acre Retail Sales and Service 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 Max. size 3,000 sq ft

5 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Blank = rohibited Transition Area (), as shown on Map 1 Use Category Use Type Outside Within Additional Requirements 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 Vehicle Sales and Service Industrial Services 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 Any production, testing, processing of goods or products that does not conform with the performance standards set forth in Section INDUSTRIAL AND RELATED USES S S/O Batch lant (Concrete or Asphalt) /O Building Material Sales, Wholesale /O Cultivation Facility for Medical Marijuana S C S C / O Contractors Office and Storage /O Distribution Center /O Frozen Food Storage, Commercial /O Max. of 5,000 sq ft outside Max. of 3,000 sq ft inside Independent Testing Laboratory for Medical Marijuana S C S C / O Industrial and Business Support Service Establishment /O

6 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Blank = rohibited Transition Area (), as shown on Map 1 Use Category Use Type Outside Within Junkyard or Salvage Yard/Center C C/O Laundry or Dry Cleaning, Commercial lant S S/O Manufacturing and roduction, Indoors /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 roduction, Outdoors /O Manufacturing of Chemicals S S/O 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 D D Monument Engraving and Sales /O Livestock and oultry Slaughtering and rocessing roduction of Edible Marijuana roducts or Marijuana-Infused roducts S S C S/O S C / O Refineries S S/O Research Laboratory /O Recycling Center (Indoor) /O Recycling Center (Outdoor) /O Warehouse /O D ACCESSORY AND TEMORARY USES AND STRUCTURES 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

7 Table : I-A Overlay District ermitted Uses = ermitted C = Conditional S = Special /O = Subject to occupancy limits in subsection F.3 Blank = rohibited Transition Area (), as shown on Map 1 Use Category Use Type Outside Within Additional Requirements 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 Approval from Nellis AFB and FAA Required Vehicle Sales and Service Uses All ermitted and Special uses listed as principal uses in this category C C/O :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. Temporary Temporary buildings as permitted in the M-2 zone district and M-2 conditions and procedures SECTION 2: Chapter 16, Section 050, Subsection F, Subsection 4, 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 : Site Dimension Standards in I-A Overlay District Setbacks (from lot line or public right-of way) Front Setback and Building arking Lot Side Setback Facing Streets on Corner Lots For lots fronting on I-15 or US ft. plus 1 ft. for each ft. of building 15 ft. height above 50 ft. For other lots 20 ft. for buildings less than 25 ft. tall; 35 ft. for buildings 25 ft. tall or taller. 5 ft. Interior Side and Rear Setback As required by Building Code/Fire Code Residential Zone Boundary Setback N/A N/A Commercial Zone Lot Boundary Setback N/A N/A Maximum Building Height rimary and Accessory Buildings (except as noted below) 60 ft a waiver for greater height may be granted pursuant to Section L upon approval from FAA and review by Nellis Air Force Base

8 Unoccupied industrial equipment structures if located at least 2,640 feet from I-15 and US 93 frontages Minimum Lot Width Minimum Lot Area FAA art height limits 100 ft. or as approved by the Director of ublic Works N/A (Determined by building area and required parking and setbacks) SECTION 3: Chapter 20, Section 020, Subsection C, Subsection 29, subsection b of Title 17 of the North Las Vegas Municipal Code is hereby amended as follows: b. 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. SECTION 4: Chapter 20, Section 020, Subsection C, Subsection 29, subsection e of Title 17 of the North Las Vegas Municipal Code is hereby amended as follows: e. 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.

9 (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. SECTION 5: Chapter 20, Section 020, Subsection C, Subsection 29, subsection f, subsection (i), subsection (4) of Title 17 of the North Las Vegas Municipal Code is hereby amended as follows: (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. SECTION 6: 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 7: 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 8: EFFECTIVE DATE. This Ordinance shall become effective after its passage by the City Council of the City of North Las Vegas and, after such passage by the City Council, publication once by title in a newspaper qualified pursuant to the provisions of Chapter 238 of NRS, as amended from time to time. SECTION 9: 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: ABSIN: ABSENT:

10 AROVED: JOHN J. LEE, MAYOR ATTEST: CATHERINE A. RAYNOR, MMC CITY CLERK

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