§ 159.157 PERMITTED SPECIAL USES.
   A building or premises may be used for the following purposes in the C commercial district in conformance with the conditions prescribed herein or by obtaining a conditional use permit for those uses in conformance with the requirements of §§ 159.390 through 159.399:
   (a)   Retail and wholesale trade or service, provided:
      (1)   For outside storage areas, a screening plan shall be submitted for staff approval;
      (2)   There is no storage of a regulated substance; and
      (3)   The building contains 10,000 square feet of area or less.
   (b)   Veterinarian clinic provided there is no outside kenneling of dogs;
   (c)   Frozen food locker provided there is no slaughtering of animals on the premises; and
   (d)   Antenna support structure, subject to, stealth design approved by the county planning director.
   (e)   Medical cannabis dispensary.
      (1)   The facility shall provide proof of registration with the South Dakota Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the South Dakota Department of Health. Should registration be denied or revoked at any time, any permitted special use or conditional use shall immediately become void.
      (2)   The facility shall at all times operate in compliance with all South Dakota Department of Health regulations pertaining to such facilities.
      (3)   The facility shall not be operated or maintained on a parcel within 1,000 feet measured by 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 single-family dwelling, church, elementary, middle, or high school licensed by the state, day care, public use facility, park, or other medical cannabis dispensaries.
      (4)   The facility must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pickup services shall be permitted.
      (5)   The facility shall be limited to hours of operation not earlier than 8:00 a.m. and not later than 10:00 p.m.
      (6)   There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the facility is operating.
      (7)   No one under the age of 18 shall be permitted in the facility.
      (8)   No use of medical cannabis shall be permitted on the premises of the facility.
      (9)   The facility shall submit a disposal plan to, and obtain approval from the planning director or his or her designee. Medical cannabis remnants and byproducts shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
      (10)   The facility shall submit a security and fire protection plan to and obtain approval from the planning director or his or her designee. The facility shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility.
      (11)   The facility shall submit a site plan for approval by the planning director or his or her designee and a floor plan for approval by the planning director or his or her designee. The floor plan shall identify internal security measures. All medical cannabis product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
(1992 Code, App. C, § 9.03) (Ord. 20-02, passed 3-18-2002; Ord. 114-21, passed 9-28-2021)