(A) Maximum number of cannabis dispensaries.
(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 Hot Springs shall allow no more than one cannabis dispensaries per 1,500 residents, based on the latest U.S. Census, cannabis dispensaries provided the time, place, and manner of said dispensaries comply with this section.
(B) Required separation distances. 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.
(C) Other locational requirements.
(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.
(D) Controlled access. No 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) Hours of operation. Cannabis dispensaries are allowed to be open between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:00 a.m. and 1:00 p.m. on Saturday.
(F) Documentation of state licensure. No cannabis dispensary shall acquire, possess, store, deliver transfer, transport, supply or dispense cannabis, cannabis products, or paraphernalia without providing documentation of licensure from the State of South Dakota.
(G) The zoning 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;
(h) Any other information as lawfully may be required by the Zoning Official to determine compliance with this section.
(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 most recently adopted edition of the International Building Code and International Fire Code.
(Ord. 1235, passed 10-4-2021)