The purpose of this part is to further fulfill the purposes and intents set forth in Chapter 9.22 of the Nevada City Municipal Code. No person shall operate a cannabis business without first obtaining a City cannabis business permit and complying with all the requirements of Chapter 9.22 of the Nevada City Municipal Code and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a cannabis business.

(Ord. No. 2018-10, § II, 12-12-2018)

Unless otherwise provided herein, the terms used in this part shall have the meanings ascribed to them in Chapter 9.22 of the Nevada City Municipal Code.

(Ord. No. 2018-10, § II, 12-12-2018)

Cannabis dispensaries shall be permitted only as follows:

A.

In the following zoning designations: General Business (GB) excluding those properties designated with an Historic District (HD) overlay, Local Business (LB), and Light Industrial (LI) Zones.

B.

No closer than six hundred (600) feet from any portion of any parcel in the City limits containing any of the following:

1.

A school, including pre-school, transitional kindergarten, and K-12 that is in existence at the time the initial cannabis dispensary permit is issued; or

2.

A public park that is managed by the City of Nevada City that is in existence at the time the initial cannabis dispensary permit is issued.

(Ord. No. 2018-10, § II, 12-12-2018)

A.

Cannabis businesses, other than dispensaries, including cannabis cultivation, manufacturing, distribution, transporting, and testing laboratory businesses shall be permitted in the Light Industrial (L1) zones only. Where it can be established that infrastructure improvement expenditures to comply with the special requirements for other cannabis businesses to secure the initial permit were in excess of Twenty-Five Thousand Dollars ($25,000.00), the requirements of Chapter 9.22, or of any regulations adopted pursuant to Chapter 9.22, as they existed for the original permit, including separation of the location from sensitive uses, shall continue in the same force and effect for subsequent permits for the same use at the same location unless the location is found to be a nuisance which cannot reasonably and feasibly be cured to maintain the public health, safety, and welfare of the residents of the City.

B.

Cannabis cultivation businesses may not be located within six hundred (600) feet of a school that is in existence at the time the initial cannabis cultivation permit is issued as required by California Health and Safety Code Section 11362.768."

C.

Cannabis businesses that utilize hazardous materials or produce hazardous waste above quantities outlined in section 9.22.125(B) may not be located within six hundred (600) feet of a school that is in existence at the time the initial cannabis business permit is issued.

(Ord. No. 2018-10, § II, 12-12-2018; Ord. No. 2019-05, § III, 8-28-2019)

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the cannabis business is to be located, without regard to any intervening structures.

(Ord. No. 2018-10, § II, 12-12-2018)

Prior to commencing operations, a cannabis business must obtain a certification from the Planning Director certifying that the business is located on a site that meets all of the requirements of this Title.

(Ord. No. 2018-10, § II, 12-12-2018)