A.

Intent.

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.

B.

Required separation distances.

1.

A medical cannabis dispensary shall be located not less than one thousand feet from a public or private school existing before the date of the cannabis dispensary application;

2.

Exemption from separation requirements. Any separation distance requirement, other than the state requirement from schools one thousand feet, may be waived, provided:

a.

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

3.

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

C.

Other locational requirements.

1.

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

2.

It shall be unlawful to operate a medical cannabis dispensary in a building which contains a residence or a mixed-use building with commercial and residential uses.

D.

Controlled access. No medical 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.

E.

Documentation of state licensure.

1.

No medical 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.

F.

The zoning official is authorized to issue permits (building/use) for medical 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.

Any other information as lawfully may be required by the zoning official to determine compliance with this chapter.

2.

Documentation of ability to meet setback/separation requirements.

3.

Documentation of state licensure.

G.

All medical cannabis establishments are required to be constructed in conformance with the Uniform Building Code, 1994 Edition and Uniform Fire Code, 1988 Edition, publication date May 1, 1988.

(Ord. No. 2021-03, 9-13-2021)