Lead City Zoning Code
CANNABIS ESTABLISHMENTS
§ 155.220 PURPOSE AND INTENT.
In order to balance the various interests and manage the effects cannabis establishments have on adjacent land uses and to promote the public health, safety, and general welfare of the city, the City Commission adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods.
(Ord. 1081-21, passed 10-18-2021)
§ 155.221 DEFINITIONS.
Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL § 34-20G-1.
CANNABIS (or MARIJUANA). 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. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that is a retail type 1 setting and acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
CANNABIS ESTABLISHMENT. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
CANNABIS PRODUCTS. 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. In addition to the definition in SDCL § 34-20G-1 this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
CHURCH. A building that is open to the general public for attendance at regularly held religious services. Services are to be held at least a weekly 52 weeks a year.
PUBLIC OR PRIVATE SCHOOL. Any preschool, elementary school, middle school, secondary school, or high school. The term also includes any daycare or childcare center.
RESIDENCE. A recreational vehicle or a tent are not RESIDENCES under this subchapter.
UNLICENSED CANNABIS ESTABLISHMENT. An entity that would otherwise meet the definition of a cannabis establishment, but which is not legally licensed by the City of Lead and does not have a current and valid registration certificate issued by the South Dakota Department of Health.
(Ord. 1081-21, passed 10-18-2021)
§ 155.222 REGULATIONS RELATING TO CANNABIS CULTIVATION FACILITIES.
(A) No cannabis cultivation facility may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis cultivation facility is a permitted use in the following zoning districts: Commercial and Industrial.
(B) No cannabis cultivation facility may be located or operate within 100 feet of a church or residence or 1,000 feet of a public or private school. The 100 foot distance requirement for a residence does not apply to a residence located on the same lot as a cannabis cultivation facility.
(C) A cultivation facility lawfully operating in conformity with this section does not violate this section if any residence, church or school subsequently locates within the minimum distance requirements for the facility.
(Ord. 1081-21, passed 10-18-2021)
§ 155.223 REGULATIONS RELATING TO CANNABIS TESTING FACILITIES.
(A) No cannabis testing facility may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis testing facility is a permitted use in the following zoning districts: Commercial and Industrial.
(B) No cannabis testing facility may be located or operate within 100 feet of a church or residence or 1,000 feet of a public or private school.
(C) A cannabis testing facility lawfully operating in conformity with this section does not violate this section if any residence, church or school subsequently locates within the minimum distance requirements for the facility.
(Ord. 1081-21, passed 10-18-2021)
§ 155.224 REGULATIONS RELATING TO CANNABIS PRODUCT MANUFACTURING FACILITIES.
(A) No cannabis product manufacturing facility may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis product manufacturing facility is a permitted use in the following zoning districts: Commercial and Industrial.
(B) No cannabis product manufacturing facility may be located or operate within 100 feet of a church or residence or 1,000 feet of a public or private school.
(C) A cannabis product manufacturing facility lawfully operating in conformity with this section does not violate this section if any residence, church or school subsequently locates within the minimum distance requirements for the facility.
(Ord. 1081-21, passed 10-18-2021)
§ 155.225 REGULATIONS RELATING TO CANNABIS DISPENSARIES.
(A) No cannabis dispensary may be located or operate at a location within the city's zoning jurisdiction except as provided in this section. A cannabis dispensary is a permitted use in the following zoning district: Commercial.
(B) No cannabis dispensary may be located or operate within 100 feet of a church or residence or 1,000 feet of a public or private school. The 100-foot setback requirement does not apply to churches or to any residential use of property currently located on or immediately adjacent to Lead's Main Street if an abutting property is currently zoned commercial and is used for commercial purposes.
(C) A cannabis dispensary facility lawfully operating in conformity with this section does not violate this section if any church or school subsequently locates within the minimum distance requirements for the facility.
(Ord. 1081-21, passed 10-18-2021)
§ 155.226 UNLICENSED CANNABIS ESTABLISHMENTS.
Unlicensed cannabis establishments are prohibited from being located or operating in any zoning district.
(Ord. 1081-21, passed 10-18-2021)
§ 155.227 MEASUREMENTS.
For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a cannabis establishment to the nearest point on the property line of a parcel containing a residence, church, or school.
(Ord. 1081-21, passed 10-18-2021)
§ 155.999 PENALTY.
(A) Any person who violates any provision of this chapter for which no other penalty is provided shall be subject to the provisions of § 10.99
(Ord. 948-03, passed 4-21-2003; Ord. 1081-21, passed 10-18-2021; Ord. 1112-24, passed 10-21-2024)