In the development and execution of these regulations, it is recognized that there are some uses which are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation of cannabis establishments herein is for the purpose of preventing a concentration of these uses in any one area.

(Ord. No. 21-09-01, § 1, 10-27-2021)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cannabis or marijuana means all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

Cannabis cultivation facility means, in addition to the definition in SDCL 34-20G-1, this term is further defined as a licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.

Cannabis dispensary means, in addition to the definition in SDCL 34-20G-1, this term is further defined as a licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.

Cannabis establishment means a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.

Cannabis product manufacturing facility means, in addition to the definition in SDCL 34-20G-1, this term is further defined as a licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.

Cannabis products means any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.

Cannabis testing facility means, in addition to the definition in SDCL 34-20G-1, this term is further defined as a licensed entity legally authorized to analyze the safety and potency of cannabis.

(Ord. No. 21-09-01, § 1, 10-27-2021)

No cannabis establishment shall acquire, possess, store, deliver transfer, transport, supply, or dispense cannabis, cannabis products, or paraphernalia in the corporate limits of the city without a valid license, such as a registration certificate, issued by the state of South Dakota. To obtain an initial permit from the city, the requirement for a valid license may be met by providing verification from the state of South Dakota of the submission to it of a completed application for a cannabis establishment satisfying all conditions for registration except a copy of the permit from the city.

(Ord. No. 21-09-01, § 1, 10-27-2021)

All uses and structures not specifically listed as a permitted use, special permitted use, or as a conditional use in a particular zoning district shall be prohibited in said district, except as follows:

(1)

Cannabis dispensary. A licensed cannabis dispensary shall be a permitted use only in a C-2 highway commercial district, a C-3 central business district, an I-1 industrial park district, and an I-2 unrestricted industrial district.

(2)

Cannabis cultivating facility. A licensed cannabis cultivating facility shall be a permitted use only in an I-1 industrial park district and an I-2 unrestricted industrial district.

(3)

Cannabis product manufacturing facility. A licensed cannabis product manufacturing facility shall be a permitted use only in an I-1 industrial park district, and an I-2 unrestricted industrial district.

(4)

Cannabis testing facility. A licensed cannabis testing facility shall be a permitted use only in an I-1 industrial park district and an I-2 unrestricted industrial district.

(Ord. No. 21-09-01, § 1, 10-27-2021)

(a)

To obtain a permit required under this article to operate a cannabis establishment, the applicant shall submit to the zoning official a written application and the required documents.

(b)

The processing fee and permit fee in the amount provided in the city fee schedule on file in the office of the finance officer shall be submitted with the application. The permit fee shall be refunded if the application is denied.

(Ord. No. 21-09-01, § 1, 10-27-2021)

(a)

Any permit issued under this article shall expire one year following its issuance, unless sooner revoked, canceled, or otherwise terminated.

(b)

The zoning official or designee may renew a permit if satisfied that the applicant has complied with all of the terms and provisions of this article and if the evidence submitted in support of the application meets the conditions precedent to granting the permit. If a license is denied by the zoning official, the applicant may appeal the denial to the city council.

(c)

A permit shall not be renewed if the permit has not been actively used by the applicant during the one year preceding the date of the current application. For purposes of this section, the term "actively used" means the cannabis establishment was open to the public during permitted business hours at least 30 days during the preceding year and earned revenues from cannabis-related sales or services.

(Ord. No. 21-09-01, § 1, 10-27-2021)

The board of zoning adjustment shall not hear appeals of a decision of the city council approving or denying an application for a cannabis establishment under this chapter. An appeal of a decision of the city council approving or denying such application shall be to a court of competent jurisdiction in the manner and time required by law.

(Ord. No. 21-09-01, § 1, 10-27-2021)

No person may operate a cannabis dispensary without first obtaining a permit from the city council. A permit for a cannabis dispensary may be issued by the city council subject to the following:

(1)

Submission of a site plan to the zoning official containing the following:

a.

Any information required for applicable building permit;

b.

Ingress and egress plan;

c.

Parking plan;

d.

Lighting plan (including security lighting);

e.

Screening and security fencing plan;

f.

Refuse plan;

g.

Hours of operation; and

h.

Any other information as lawfully may be required by the city to determine compliance with this article;

(2)

Documentation of ability to meet separation requirements;

(3)

Documentation of state licensure; and

(4)

Payment of all fees required for such permit.

(Ord. No. 21-09-01, § 1, 10-27-2021)

The number of cannabis dispensary permits shall not exceed one for each 5,000 of population of the city as determined or estimated annually by the United States Census Bureau.

(Ord. No. 21-09-01, § 1, 10-27-2021)

(a)

A cannabis dispensary shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis dispensary application.

(b)

A cannabis dispensary shall be located not less than 150 feet from a church, synagogue, mosque, temple or building which is used primarily for religious worship and related worship activities, a public library, a public park, or a licensed or registered day care existing before the date of the cannabis dispensary application.

(c)

The separation distance requirement under subsection (b) above may be waived in writing by the legal title holder, and equitable title holder where there is a recorded contract for deed, of the lot(s) benefiting from the separation requirement. The applicant shall provide proof of such waiver.

(d)

Prescribed separation distances from certain existing uses and where the dispensary is proposed are to be measured from the lot lines of the properties.

(Ord. No. 21-09-01, § 1, 10-27-2021)

Permanent or temporary dispensaries are prohibited in all other zoning districts and are not eligible for a home occupation use.

(Ord. No. 21-09-01, § 1, 10-27-2021)

No cannabis dispensary shall share premises with, or permit access directly from, another medical cannabis establishment, any business that sells alcohol or tobacco, or, if allowed by law, any other cannabis establishment.

(Ord. No. 21-09-01, § 1, 10-27-2021)

Cannabis dispensaries may be open only between the hours of 7:00 a.m. and 10:00 p.m.

(Ord. No. 21-09-01, § 1, 10-27-2021)

No person may operate a cannabis cultivating facility without first obtaining a permit from the city council. A permit for a cannabis cultivating facility may be issued by the city council subject to the following:

(1)

Submission of a site plan to the zoning official containing the following:

a.

Any information required for applicable building permit;

b.

Ingress and egress plan;

c.

Parking plan;

d.

Lighting plan (including security lighting);

e.

Screening and security fencing plan;

f.

Refuse plan;

g.

Hours of operation; and

h.

Any other information as lawfully may be required by the city to determine compliance with this article;

(2)

Documentation of ability to meet separation requirements;

(3)

Documentation of state licensure; and

(4)

Payment of all fees required for such permit.

(Ord. No. 21-09-01, § 1, 10-27-2021)

No person may operate a cannabis product manufacturing facility without first obtaining a permit from the city council. A permit for a cannabis product manufacturing facility may be issued by the city council subject to the following:

(1)

Submission of a site plan to the zoning official containing the following:

a.

Any information required for applicable building permit;

b.

Ingress and egress plan;

c.

Parking plan;

d.

Lighting plan (including security lighting);

e.

Screening and security fencing plan;

f.

Refuse plan;

g.

Hours of operation; and

h.

Any other information as lawfully may be required by the city to determine compliance with this article;

(2)

Documentation of ability to meet separation requirements;

(3)

Documentation of state licensure; and

(4)

Payment of all fees required for such permit.

(Ord. No. 21-09-01, § 1, 10-27-2021)

No person may operate a cannabis testing facility without first obtaining a permit from the city council. A permit for a cannabis testing facility may be issued by the city council subject to the following:

(1)

Submission of a site plan to the zoning official containing the following:

a.

Any information required for applicable building permit;

b.

Ingress and egress plan;

c.

Parking plan;

d.

Lighting plan (including security lighting);

e.

Screening and security fencing plan;

f.

Refuse plan;

g.

Hours of operation; and

h.

Any other information as lawfully may be required by the city to determine compliance with this article;

(2)

Documentation of ability to meet separation requirements;

(3)

Documentation of state licensure; and

(4)

Payment of all fees required for such permit.

(Ord. No. 21-09-01, § 1, 10-27-2021)