52 - SUPPLEMENTARY DISTRICT REGULATIONS
Sections:
On all corner lots and lots bordering alleys and all private driveways intersecting public roads in all districts except commercial, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten (10) feet above the centerline grades of the intersecting streets, in the area formed by a radius of twenty (20) feet from the intersection of the street, curbs or edge.
(Ord. 292, § 1501, 1980)
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided, that yard and other requirements of this title shall be met for each structure as though it were on an individual lot.
(Ord. 292, § 1502, 1980)
Signs may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device; obstruct or physically interfere with the drivers view of approaching, merging or intersecting traffic.
(Ord. 292, § 1503, 1980)
All inhabitated mobilehomes in all districts must comply with the following mobilehome regulations:
A.
Mobilehome Tiedowns. Each mobilehome up to fourteen (14) feet in width shall be provided with over-the-top tiedowns to meet the following standards, and all mobilehomes shall require the number of frame ties as shown in the following table:
Table 17.52.040
10- AND 12-FOOT WIDE MOBILEHOMES
12- AND 14-FOOT WIDE MOBILEHOMES
* Additional criteria on mobilehome piers, footings, tiedowns and anchors can be found in Appendix A at the end of this title.
B.
Ground Anchors. Mobilehome ground anchors shall be provided for each mobilehome. Anchors shall be capable of withstanding five thousand seven hundred (5,700) pounds of pull and sunk to a depth of five feet.
C.
Skirting. All mobilehomes shall have adequate skirting from the bottom of coach to the ground.
(Ord. 292, § 1504, 1980)
No mobilehomes shall be parked and occupied in any unauthorized district for more than seven days except upon a special permit issued by the zoning administrator. Such permit shall be issued for a period not to exceed thirty (30) days and shall not be renewable within the same calendar year. Provided, however, a permit may be issued for parking or occupying a mobilehome on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding one hundred eighty (180) days and which shall be renewable for an additional period not exceeding one hundred eighty (180) days. However, if material progress with house construction is not made within forty-five (45) days from issuance of a permit, such permit shall become void.
Table 17.52.050
SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR ALL DISTRICTS EXCEPT FOR
COMMERCIAL DISTRICT (C)
(Ord. 292, § 1505, 1980)
1.
Maximum Number of Cannabis Dispensaries.
a.
In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious 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 is for the purpose of preventing a concentration of these uses in any one area.
b.
The City of Britton shall allow up to one (1) cannabis dispensary provided the time, place, and manner of said dispensaries comply with this section.
2.
Required Separation Distances.
a.
A cannabis dispensary shall be located not less than one thousand (1000) 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 one hundred (100) feet from a church, private residence, public park, library, or daycare facility existing before the date of the cannabis dispensary application;
c.
Exemption from separation requirements. Any separation distance requirement, other than the State requirement from schools (one thousand (1000) feet), may be waived, provided:
i.
The applicant provides documentation waiving the setback requirement from the title holder of the land benefiting from the separation.
d.
Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.
3.
Other Locational Requirements.
a.
Permanent or temporary dispensaries are prohibited in all other zoning districts and not eligible for a home occupation use.
b.
It shall be unlawful to operate a dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.
4.
Controlled Access. No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment.
5.
Hours of operation:
a.
Cannabis dispensaries are allowed to be open between the hours of nine a.m. and six p.m. on Monday through Saturday.
6.
Documentation of State Licensure.
a.
No cannabis dispensary shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, paraphernalia without providing documentation of licensure from the State of South Dakota.
7.
The zoning official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:
a.
Submission of a site plan containing the following:
i.
Any information required for applicable building permit
ii.
Ingress and egress plan
iii.
Parking plan
iv.
Lighting plan (including security lighting)
v.
Screening/security fencing plan
vi.
Refuse plan
vii.
Hours of Operation
viii.
Any other information as lawfully may be required by the Zoning official to determine compliance with this section.
b.
Documentation of ability to meet setback/separation requirements.
c.
Documentation of State Licensure.
8.
All Cannabis Establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.
(Ord. No. 592, 9-13-2021)
52 - SUPPLEMENTARY DISTRICT REGULATIONS
Sections:
On all corner lots and lots bordering alleys and all private driveways intersecting public roads in all districts except commercial, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten (10) feet above the centerline grades of the intersecting streets, in the area formed by a radius of twenty (20) feet from the intersection of the street, curbs or edge.
(Ord. 292, § 1501, 1980)
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided, that yard and other requirements of this title shall be met for each structure as though it were on an individual lot.
(Ord. 292, § 1502, 1980)
Signs may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device; obstruct or physically interfere with the drivers view of approaching, merging or intersecting traffic.
(Ord. 292, § 1503, 1980)
All inhabitated mobilehomes in all districts must comply with the following mobilehome regulations:
A.
Mobilehome Tiedowns. Each mobilehome up to fourteen (14) feet in width shall be provided with over-the-top tiedowns to meet the following standards, and all mobilehomes shall require the number of frame ties as shown in the following table:
Table 17.52.040
10- AND 12-FOOT WIDE MOBILEHOMES
12- AND 14-FOOT WIDE MOBILEHOMES
* Additional criteria on mobilehome piers, footings, tiedowns and anchors can be found in Appendix A at the end of this title.
B.
Ground Anchors. Mobilehome ground anchors shall be provided for each mobilehome. Anchors shall be capable of withstanding five thousand seven hundred (5,700) pounds of pull and sunk to a depth of five feet.
C.
Skirting. All mobilehomes shall have adequate skirting from the bottom of coach to the ground.
(Ord. 292, § 1504, 1980)
No mobilehomes shall be parked and occupied in any unauthorized district for more than seven days except upon a special permit issued by the zoning administrator. Such permit shall be issued for a period not to exceed thirty (30) days and shall not be renewable within the same calendar year. Provided, however, a permit may be issued for parking or occupying a mobilehome on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding one hundred eighty (180) days and which shall be renewable for an additional period not exceeding one hundred eighty (180) days. However, if material progress with house construction is not made within forty-five (45) days from issuance of a permit, such permit shall become void.
Table 17.52.050
SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR ALL DISTRICTS EXCEPT FOR
COMMERCIAL DISTRICT (C)
(Ord. 292, § 1505, 1980)
1.
Maximum Number of Cannabis Dispensaries.
a.
In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious 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 is for the purpose of preventing a concentration of these uses in any one area.
b.
The City of Britton shall allow up to one (1) cannabis dispensary provided the time, place, and manner of said dispensaries comply with this section.
2.
Required Separation Distances.
a.
A cannabis dispensary shall be located not less than one thousand (1000) 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 one hundred (100) feet from a church, private residence, public park, library, or daycare facility existing before the date of the cannabis dispensary application;
c.
Exemption from separation requirements. Any separation distance requirement, other than the State requirement from schools (one thousand (1000) feet), may be waived, provided:
i.
The applicant provides documentation waiving the setback requirement from the title holder of the land benefiting from the separation.
d.
Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.
3.
Other Locational Requirements.
a.
Permanent or temporary dispensaries are prohibited in all other zoning districts and not eligible for a home occupation use.
b.
It shall be unlawful to operate a dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.
4.
Controlled Access. No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment.
5.
Hours of operation:
a.
Cannabis dispensaries are allowed to be open between the hours of nine a.m. and six p.m. on Monday through Saturday.
6.
Documentation of State Licensure.
a.
No cannabis dispensary shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, paraphernalia without providing documentation of licensure from the State of South Dakota.
7.
The zoning official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:
a.
Submission of a site plan containing the following:
i.
Any information required for applicable building permit
ii.
Ingress and egress plan
iii.
Parking plan
iv.
Lighting plan (including security lighting)
v.
Screening/security fencing plan
vi.
Refuse plan
vii.
Hours of Operation
viii.
Any other information as lawfully may be required by the Zoning official to determine compliance with this section.
b.
Documentation of ability to meet setback/separation requirements.
c.
Documentation of State Licensure.
8.
All Cannabis Establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.
(Ord. No. 592, 9-13-2021)