(A) Maximum number of cannabis establishments.
(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 cultivating facilities, provided the time, place and manner of said facilities complies with this subchapter. A cannabis cultivation facility must exist in conjunction with a cannabis dispensary.
(3) The city shall allow up to three cannabis dispensaries, provided the time, place and manner of said dispensaries complies with this chapter.
(4) The city shall allow up to three cannabis manufacturing facilities, provided the time, place and manner of said facilities complies with this chapter. A cannabis manufacturing facility must exist in conjunction with a cannabis dispensary.
(5) The city shall allow up to zero cannabis testing facilities.
(B) Required separation distances.
(1) A cannabis establishment shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis establishment application.
(2) A cannabis establishment shall be located not less than 500 feet from a residence, church, public park, public swimming pool or day care facility existing before the date of the cannabis establishment application.
(3) Any separation distance requirement, other than the state requirement from schools (1,000 feet), may be waived, provided: 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.
(C) Other locational requirements.
(1) Permanent or temporary establishments are prohibited in all other zoning districts and not eligible for a home occupation use.
(2) It shall be unlawful to operate an establishment in a building which contains a residence or a mixed-use building with commercial and residential uses.
(3) All cannabis establishment activities shall occur indoors.
(D) Location within municipal boundaries. All cannabis establishments must be located within the municipal boundaries of the city.
(E) Controlled access to other cannabis establishments. No cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment unless said establishment is licensed by the same entity.
(F) Prohibited access to alcohol or tobacco sellers. No cannabis establishment shall share premises with or permit access directly from another business that sells alcohol or tobacco.
(G) Hours of operation. Cannabis establishments are allowed to be open to the public between the hours of 7:00 a.m., Mountain Standard Time, and 7:00 p.m., Mountain Standard Time, on Monday through Sunday.
(H) Documentation of state licensure. No cannabis establishment shall acquire, possess, store, deliver, transfer, transport, supply or dispense cannabis, cannabis products or paraphernalia without providing documentation of licensure from the state.
(I) Permits for cannabis establishments. The zoning official is authorized to issue permits (building/use) for cannabis establishments subject to the following:
(1) Submission of a site plan containing the following:
(a) Any information required for the 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 zoning official to determine compliance with this subchapter.
(2) Documentation of ability to meet setback/separation requirements; and
(3) Documentation of state licensure.
(K) Compliance with state statutes. All cannabis establishments shall be in compliance with SDCL Ch. 34-20G. If the state adopts stricter regulations governing cannabis establishments than those set forth herein, the stricter regulations shall control the establishment or operation of any cannabis establishment licensed by the city.
(Prior Code, § Q-16-103)