City of Milbank ORDINANCE NO. 838, Sept 2021
ORDINANCE NO. 838
AN ORDINANCE ENTITLED, AN ORDINANCE TO AMEND SECTION 17.11.02, “PERMITTED USES” [B1 – LIMITED BUSINESS DISTRICT], TO AMEND SECTION 17.12.02, “PERMITTED USES” [B2 – CENTRAL BUSINESS DISTRICT] AND SECTION 17.13.02, “PERMITTED USES” [B3 – HIGHWAY BUSINESS DISTRICT]; ARTICLE IV, “SUPPLEMENTAL REGULATIONS; AND ARTICLE V, DEFINITIONS, ADOPTED BY ORDINANCE 682, AS AMENDED, OF THE ZONING ORDINANCE OF THE CITY OF MILBANK.
BE IT ORDAINED by the City Council of the City of Milbank, South Dakota: that Section 17.11.02, “Permitted Uses” [B1 – Limited Business District, adopted by Ordinance 682 on June 11, 2001, as amended, of the Zoning Ordinance of the City of Milbank be amended by adding language in bold and underline font:
3. Cannabis Dispensary (subject to Chapter 17.42A),
and
BE IT FURTHER ORDAINED by the City Council of the City of Milbank, South Dakota: that Section 17.12.02, “Permitted Uses” [B2 – Central Business District, adopted by Ordinance 682 on June 11, 2001, as amended, of the Zoning Ordinance of the City of Milbank be amended by adding language in bold and underline font:
12. Cannabis Dispensary (subject to Chapter 17.42A),
and
BE IT FURTHER ORDAINED by the City Council of the City of Milbank, South Dakota: that Section 17.13.02, “Permitted Uses” [B3 – Highway Business District, adopted by Ordinance 682 on June 11, 2001, as amended, of the Zoning Ordinance of the City of Milbank be amended by adding language in bold and underline font:
8. Cannabis Dispensary (subject to Chapter 17.42A).
BE IT FURTHER ORDAINED by the City Council of the City of Milbank, South Dakota: that Article IV, “SUPPLEMENTAL REGULATIONS” adopted by Ordinance 682 on June 11, 2001, as amended, of the Zoning Ordinance of the City of Milbank be amended by adding the following Chapter in bold and underline font:
CHAPTER 17.42A 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 Milbank shall
allow up to two 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 one
thousand feet from a public or
private school existing before
the date of the cannabis
dispensary application;
b. A cannabis dispensary shall be
located not less than three
hundred feet from a public park,
licensed daycare or pre-school
existing before the date of the
cannabis dispensary application;
c. Exemption from separation
requirements. Any separation
distance requirement, other
than the State requirement from
schools (1,000 feet), may be
waived, provided:
i. The applicant provides
documentation waiving the
setback requirement from the
title holder of the land
benefiting from the
separation.
d. Prescribed separation/setback
distances from certain existing
uses are to be measured from the
lot line of the property where
the dispensary is proposed
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 8:00 a.m. and 11:59 p.m.
on Monday through 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.
8. All Cannabis Establishments are required to be constructed in conformance with the current edition of the International Building Code and International Fire Code.
BE IT FURTHER ORDAINED by the City Council of the City of Milbank, South Dakota: that Article V, “DEFINITIONS” adopted by Ordinance 682 on June 11, 2001, as amended, of the Zoning Ordinance of the City of Milbank be amended by adding the following Definitions in bold and underline font:
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: this term is 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: this term is 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: this term is 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: this term is defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
Passed and adopted this 30th day of August 2021.
/s/ Pat Raffety, Mayor
ATTEST:
/s/ Cynthia Schumacher,
Finance Officer
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.
1st Reading: 8-23-21
2nd Reading: 8-30-21
Adopted: 8-30-21
Published: 9-7-21
Effective: 9-28-21
