(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 anyone area.
(2) The county shall allow one cannabis dispensary provided the time, place, and manner of said dispensary comply with this chapter.
(B) Required separation distances.
(1) Must be located at least 1,000 feet from a single-family dwelling. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which medical cannabis establishment is conducted or proposed to be conducted), to the property line of the single-family dwelling.
(2) Must be located at least 1,000 feet from a public or private school. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the public or private school.
(3) Must be located at least 1,000 feet from a church. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the church.
(4) Must be located at least 1,000 feet from a public service facility. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the public service facility.
(5) Must be located at least 1,000 feet from a park. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical cannabis establishment is conducted or proposed to be conducted), to the property line of the park.
(6) Must be located at least 1,000 feet from another medical cannabis establishment. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which each of the medical cannabis establishments are conducted or proposed to be conducted.
(7) Exemption from separation requirements. Any separation distance requirement, other than the state requirement from schools (l,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.
(8) 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 dispensaries are prohibited in all other zoning districts and are not eligible for 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 10:00 p.m. seven days of the week.
(F) Documentation of state licensure. No 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.
(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; and
(h) 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.
(H) All cannabis establishments are required to be constructed in conformance with the International Building Code and International Fire Codes adopted by the county.
(Ord. 21-04, passed 9-7-2021)