Elko County, NV Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- General rule
- Cannabis establishments not allowed in unincorporated Elko County
- Exception
- Unincorporated town of Jackpot
- Zoning district
- AC Adult Cannabis District, by zone change
- Operation
- Entirely within an enclosed building
- Minimum site
- 10,000 square feet, 75 feet wide
- Conditions appeal
- To the Board of County Commissioners under 4-9-10
Summary
Unincorporated Elko County, Nevada bars cannabis establishments in every zoning district except the unincorporated town of Jackpot. The county's AC Adult Cannabis District allows adult-use retail stores and medical dispensaries inside enclosed buildings, but only through a zone change that the Planning and Zoning Board can condition.
4-14-1: PROVISIONS FOR APPROPRIATE ZONING: ... (A) The "AC" District is established to provide space for cannabis establishments so regulated as to provide for the safety and welfare of the communities wherein the cannabis establishments are located. (B) Permitted Uses: The following principle uses are permitted when conducted entirely within an enclosed building: ... 4. Adult-use cannabis retail store; ... 9. Medical cannabis dispensary. ... 6-15-2: CANNABIS ESTABLISHMENT: (A) Notwithstanding any other provisions of this Code, cannabis establishments are not allowed in the unincorporated area of Elko County, and shall be unlawful as a permitted use, conditional use or accessor use in any zoning district within the unincorporated areas of Elko County, including the unincorporated towns, except in the following: 1. The unincorporated town of Jackpot. (Ord. 06-2020, 11-4-2020)
Full Breakdown
Section 6-15-2 of the Elko County Code says that, notwithstanding any other provision, cannabis establishments are not allowed in the unincorporated area of Elko County and are unlawful as a permitted use, conditional use or accessor use in any zoning district there, including the unincorporated towns, except in the unincorporated town of Jackpot. The AC District in § 4-14-1 supplies the zoning tool. Permitted uses, all conducted entirely within an enclosed building, are adult-use cultivation, independent testing, production, retail store and distributor facilities and medical independent testing, cultivation, production and dispensary facilities.
If the applicant for a zoning change transfers, sells or discontinues operating a cannabis establishment on the property, the zoning automatically reverts to the previous designation. The yards are 30 feet in front, 20 feet in the rear and 10 feet at the side. Height is capped at fifty feet (50') or four (4) stories, and twenty feet (20') within fifty feet (50') of an R District. The minimum site is ten thousand (10,000) square feet with a minimum lot width of seventy-five feet (75').
Parking is one space for each three hundred (300) square feet, paved, and the site needs desert landscape or plants that use minimal water. Signs are limited to two in number and fifteen (15) square feet each. Before approving a zone change, the Planning and Zoning Board can set conditions on manner of operation, environmental sustainability, odor control, parking, traffic and aesthetics, and the applicant can appeal those conditions to the Board of County Commissioners in the manner set forth in § 4-9-10. A county cannabis establishment business license is also required under § 6-15-3. Elko, Carlin, Wells and West Wendover are separate cities with their own codes.
Violations & Fines
Operating a cannabis establishment outside Jackpot is unlawful under § 6-15-2 as a permitted, conditional or accessory use in any unincorporated zoning district. A dispensary without the AC zone change or the § 6-15-3 business license from Elko County is unlicensed. This row quotes the zoning provisions only; the cited sections print no separate fine amount.
Frequently Asked Questions
Can a dispensary open anywhere in unincorporated Elko County?
What kinds of cannabis businesses does the AC District allow?
What happens to the zoning if the dispensary closes?
Can the county add conditions, and can I appeal them?
Sources & Official References
Other rules in Elko County
Compare Elko County to another location·View the Nevada cannabis regulations overview
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