AN ORDINANCE AMENDING ORDINANCE 2006-1 AND ALL AMENDMENTS THERETO, IN ACCORDANCE WITH THE PROVISION OF CHAPTER 11-2, 1967 SDCL, AND AMENDMENTS THEREOF, AND FOR THE REPEAL OF ALL RESOLUTIONS AND ORDINANCES IN CONFLICT THEREWITH

BE IT ORDAINED by Sanborn County: 

SANBORN COUNTY 

MEDICAL MARIJUANA – SINGLE DISPENSARY ZONING ORDINANCE 

AMENDMENT

DEFINITIONS:

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.

ARTICLE 12 – HIGHWAY COMMERCIAL DISTRICT (HC)

Section 1207 – Conditional Uses

17. Cannabis Dispensary – pursuant to Section 1543 Cannabis Dispensary Regulations

ARTICLE 15 – SUPPLEMENTARY DISTRICT REGULATIONS

Section 1543 – Cannabis Dispensaries Regulations

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. Sanborn County shall allow up to one cannabis dispensary provided the time, place, and manner of said dispensary complies with this ordinance.

B. Required Separation Distances

1. 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;

2. A cannabis dispensary shall be located not less than 1,000 feet from churches, residences, multi-family housing units, public parks, daycare facilities, and medical facilities to include medical clinics, congregate housing, nursing homes and other cannabis dispensaries existing before the date of the cannabis dispensary application; 

a. Exemption from separation requirements.  Any separation distance requirement, other than the State requirement from schools (1,000 feet), may be waived, provided:

b. The applicant provides documentation waiving the setback requirement from the title holder of the land benefiting 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. Prohibited Operations

1. Permanent or temporary dispensaries are prohibited in all other zoning districts and not eligible for a home or farm 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 cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment.

E. Days and Hours of operation:

Cannabis dispensaries are allowed to be open between the hours of 9:00 a.m. and 6:00 p.m., Mondays to Fridays, inclusive, and Saturdays, 9:00 a.m. to 12:00 p.m.

No medical cannabis establishment shall be permitted to operate on Sundays, Christmas Day, New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, or Thanksgiving Day.

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. Permit Issuance

The Zoning Administrator is authorized to issue permits (building/use) for cannabis dispensaries subject to the 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 ordinance.

2. Documentation of ability to meet setback/separation requirements.

3. Documentation of State Licensure.

H. Construction Standards

All Cannabis Establishments are required to be constructed in conformance with the 2021 Edition of the International Building Code and International Fire Code. 

Passed and adopted this 7th day of September 2021.

Jeff Ebersdorfer

Sanborn County

Commissioner Chairman

ATTEST:

Kami Moody

Sanborn County Auditor

This ordinance shall become effective twenty days after publication of this notice in the official newspaper, thereby repealing all ordinances or parts thereof in conflict herewith unless a referendum is timely involved prior thereto.

First Reading: August 24, 2021;

Second Reading: September 7, 2021;

Adopted: September 7, 2021;

Published: September 9, 2021;

Effective: September 29, 2021.