(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 of Huron shall allow up to four cannabis dispensaries within its jurisdiction, provided the time, place, and manner of said dispensaries comply with this ordinance.

(3)

There shall not be a limit on the amount of a cannabis cultivation facilities, cannabis testing facilities or cannabis product manufacturing facilities.

(Ord. No. 2226-23-404, 9-13-2021)

(1)

Cannabis establishments shall not be located closer than 1,000 feet from a public or private school existing before the date of the cannabis dispensary application;

(2)

A cannabis establishment shall not be located closer than 500 feet from a park, existing before the date of the cannabis establishment application;

(3)

Exemption from separation requirements. Any separation distance requirement, other than the State requirement from schools (1,000 feet), may be waived via a variance procedure, provided:

(a)

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

(b)

The applicant can provide compelling evidence the business would be irreparably harmed without the variance.

(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.

(Ord. No. 2226-23-404, 9-13-2021)

(1)

Permanent or temporary establishments are prohibited in all zoning districts with the exception of Central Business B-2, General Business B-3, Limited Industrial I-1 and General Industrial I-2, and are not eligible for a home occupation use within the jurisdictional boundaries of the City of Huron.

(2)

Successful applicants who are granted a conditional use permit for a cannabis establishment must open and operate the establishment within 180 days of approval of the conditional use permit or may be subject to forfeiture of said conditional use permit.

(3)

Successful applicants must meet all operating requirements as set forth in SDCL 34-20G and all other licensing requirements as set forth in Huron City Ordinance.

(Ord. No. 2226-23-404, 9-13-2021; Ord. No. 2251-23-412, 3-20-2023)

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

(Ord. No. 2226-23-404, 9-13-2021)

Hours of operation shall be from 8am to 8pm Monday through Sunday.

(Ord. No. 2226-23-404, 9-13-2021)

No cannabis establishments shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, and paraphernalia without providing documentation of licensure from the State of South Dakota.

(Ord. No. 2226-23-404, 9-13-2021)

Subject to local licensing requirements and ultimate approval by the City Commission (Pursuant to Chapter 5) the zoning/Building official are hereby authorized to issue permits for the construction of cannabis dispensaries subject to following:

(1)

Approval 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;

(h)

Any other information as lawfully may be required by the Zoning/Building official to determine compliance with this ordinance.

(2)

Documentation of ability to meet setback/separation requirements.

(3)

Documentation of State Licensure:

(4)

All Cannabis Establishments are required to be constructed in conformance with the City of Huron's most recently adopted editions of the International Building Code, the International Fire Code and the International Existing Building Code.

(5)

This revision shall supersede all previous versions of this ordinance.

(Ord. No. 2226-23-404, 9-13-2021; Ord. No. 2251-23-412, 3-20-2023)