Ordinance No. 1235
Ordinance No. 1235
AN ORDINANCE TO ADD TO AND AMEND TITLE XV: LAND USAGE, CHAPTER 155 ZONING CODE-ADDING §155.006 PROHIBITED USES AND SUPPLEMENTARY REGULATIONS §155.057 CANNABIS DISPENSARIES AND AMENDING §155.002 DEFINITIONS, §155.023 GENERAL COMMERCIAL DISTRICT-GC (B) USES PERMITTED and §155.025 HIGHWAY SERVICE DISTRICT-HS (B) USES PERMITTED
BE IT ORDAINED by the City Council of the City of Hot Springs, South Dakota: that Title XV: Land Usage, Chapter 155 Zoning Code be amended by adding the following sections:
§155.006 Prohibited Uses
All uses and structures not specifically listed as a permitted use, special permitted use, or as a conditional use in a particular zoning district shall be prohibited in said district
§155.058 Cannabis Dispensaries
1. Maximum Number of Cannabis Dispensaries.
a. 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. The City of Hot Springs shall allow no more than one cannabis dispensaries per 1500 residents, based on the latest U.S. Census, cannabis dispensaries provided the time, place, and manner of said dispensaries comply with this ordinance.
2. Required Separation Distances
a. A cannabis dispensary shall be located not less than 1000 feet from a public or private school existing before the date of the cannabis dispensary application;
3. Other Locational Requirements
a. Permanent or temporary dispensaries are prohibited in all other zoning districts and not eligible for a home occupation use.
b. 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.
4. 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.
5. Hours of operation:
a. Cannabis dispensaries are allowed to be open between the hours of 8 AM and 6 PM on Monday through Friday and between 8 AM and 1 PM on Saturday.
6. Documentation of State Licensure.
a. 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.
7. The zoning official is authorized to issue permits (building/use) for cannabis dispensaries subject to following:
a. Submission of a site plan containing the following:
i. Any information required for applicable building permit,
ii. Ingress and egress plan
iii. Parking plan
iv. Lighting plan (including security lighting)
v. Screening/security fencing plan,
vi. Refuse plan;
vii. Hours of Operation;
viii. Any other information as lawfully may be required by the Zoning official to determine compliance with this ordinance
b. Documentation of ability to meet setback/separation requirements.
c. Documentation of State Licensure.
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.
BE IT FURTHER ORDAINED by the City Council of the City of Hot Springs, South Dakota: that §155.023 General Commercial District (B) Permitted Uses and §155.025 Highway Service District (B) Permitted Uses be amended by adding the following;
§155.023 GENERAL COMMERCIAL DISTRICT (GC)
(B) Uses permitted
(23) Cannabis Dispensary (subject to §155.058)
§155.025 HIGHWAY SERVICE DISTRICT (HS)
(B) Uses permitted
(31) Cannabis Dispensary (subject to §155.058)
Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
Cannabis Cultivation Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
Cannabis Dispensary: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
Cannabis Establishment: a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
Cannabis Product Manufacturing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
Cannabis Products: any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
Cannabis Testing Facility: in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor.
Dated this 4th day of October, 2021
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
First reading: 9/20/2021
Second reading: 10/4/2021
Published once at the total approximate cost of $97.98
Published: Oct. 7, 2021