(1)   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.

      (2)   The city shall allow up to three cannabis dispensaries provided the time, place, and manner of said dispensaries comply with this chapter.

      (1)   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;

      (2)   A cannabis dispensary shall be located not less than 1,000 feet from a public park and recreation area existing before the date of the cannabis dispensary application;

         (a)   The applicant provides documentation waiving the setback requirement from the title holder of the land benefitting from the separation.

      (4)   Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.

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

      (2)   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.

      (1)   No cannabis dispensary may operate between the hours of 10:00 p.m. and 8:00 a.m. any day of the week.

      (1)   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.

   (G)   The Administrative Official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:

      (1)   Submission of a site plan 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/security fencing plan;

         (f)   Refuse plan;

         (g)   Hours of operation; and

         (h)   Any other information as lawfully may be required by the Administrative Official to determine compliance with this chapter.

      (2)   Documentation of ability to meet setback/separation requirements.

      (3)   Documentation of state licensure.

   (H)   All cannabis establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.

(Ord. 622, passed 10-7-2024)

      (1)   A cannabis product manufacturing facility and/or cannabis cultivation facility shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis dispensary application.

      (2)   A cannabis product manufacturing facility and/or cannabis cultivation facility shall be located not less than 1,000 feet from a public park and recreation area existing before the date of the cannabis dispensary application.

      (3)   A cannabis product manufacturing facility and/or cannabis cultivation facility shall be located not less than 500 feet from a residential use existing before the date of the cannabis dispensary application.

         (a)   The applicant provides documentation waiving the setback requirement from the title holder of the land benefiting from the separation.

   (B)   Prescribed separation/setback distances from certain existing uses are to be measured from the lot line of the property where the dispensary is proposed.

      (1)   No cannabis product manufacturing facility and/or cannabis cultivation facility shall acquire, possess, store, deliver, transfer, transport, supply or dispense cannabis, or cannabis products, without providing documentation of licensure from the State of South Dakota.

   (E)   Minimum application information to include:

      (1)   Submission of a site plan containing any information normally required fora building permit;

      (2)   Ingress and egress plan;

      (3)   Parking plan;

      (4)   Lighting plan (including security lighting);

      (5)   Screening/security fencing plan;

      (6)   Refuse plan;

      (7)   Documentation of ability to meet setback/separation requirements;

      (8)   Documentation of state licensure; and

      (9)   Any other information as lawfully may be required by the Board of Adjustment to determine compliance with this chapter.

   (F)   All cannabis establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code.

(Ord. 622, passed 10-7-2024)

   Violations shall be treated in the manner specified below.

   (A)   Any person who starts work for which a permit (building, conditional use, special permitted, variance, rezoning) is required by this chapter without first securing such permit and paying the prescribed fee shall be charged according to the provisions hereafter. All fees assessed thereunder shall be rounded to the nearest whole dollar.

   (B)   Upon finding such violation, the city shall notify the owner of property involved verbally or by sending a written notification of the requirement that a permit be obtained to the owner of the property involved by certified mail with return receipt requested. If application for said permit is filed within seven working days from the verbal notification or date of receipt of the letter, an administrative fee shall be assessed in the amount of 100% of the fee for the building permit plus the cost of the postage for mailing the aforementioned notice. In no case shall this administrative fee be less than $5 including the postage costs.

   (C)   If application for said permit is filed after the deadline of seven working days following the verbal notice or receipt of the notification of the requirement therefor, there shall be imposed an administrative fee in the amount of two times the building permit fee. The payment of the administrative fee shall not relieve such person from the provisions of division (E) below.

   (D)   Any administrative fee or penalty imposed under the provisions of this chapter shall be in addition to any other fees or charges required herein.

   (E)   It is declared unlawful for any person to violate any of the terms and provisions of these regulations or other official control adopted by the City Council pursuant thereto. Any person who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any provision of this chapter may be subject to a civil or criminal penalty. The penalty for violation of this chapter shall be $500 or imprisonment for not more than 30 days or both, and in addition, the violator shall pay all costs and expenses involved in the case. Each and every day that such violation continues after notification may constitute a separate offense.

   (F)   In the event any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of these regulations, the appropriate city authorities, in addition to other remedies, may institute injunction, mandamus or other appropriate actions or proceedings in a court of competent jurisdiction to prevent, restrain, correct, or abate such violation or threatened violation.

   (G)   Any taxpayer of the city may institute mandamus proceedings in Circuit Court to compel specific performance by the proper official or officials of any duty required by these regulations.

(Ord. passed - - 2006; Ord. 622, passed 10-7-2024)