ORDINANCE NO.2302-14

AN ORDINANCE OF LINCOLN COUNTY, SD, REZONING PROPERTY LEGALLY DESCRIBED AS TRACT 1, TIMMERMAN’S ADDITION, SE1/4, SECTION 17-T100N-R51W FROM THE “A-1” AGRICULTURAL DISTRICT TO THE “PD” PLANNED DEVELOPMENT DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF LINCOLN COUNTY.

BE IT ORDAINED BY LINCOLN COUNTY, SD:

Section 1. That the property legally described as Tract 1, Timmerman’s Addition, SE1/4, Section 17-T100N-R51W is hereby rezoned from the “A-1” Agricultural District to the “PD” Planned Development District, and the official zoning map of Lincoln County is amended to include the rezoning.

Section 2. That Section 154.200 of the Lincoln County Code of Ordinances is hereby amended to include a new subsection to read:

PURE BLISS PLANNED DEVELOPMENT DISTRICT.

The regulations set forth herein or elsewhere in this chapter are the district regulations for the Pure Bliss Planned Development District:

1. Uses Permitted.
   1. (1) Cannabis cultivation facility, provided:
      1. (a) Medical cannabis cultivation facilities shall provide proof of registration with the State Department of Health, and shall, at all times, maintain a valid, accurate, and up-to-date registration with the State Department of Health. Should registration be revoked at any time, any permitted special use or conditional use shall immediately become void;
      2. (b) The facility shall not operate within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a facility to the nearest property line of a public or private school;
      3. (c) The facility must operate entirely within an indoor, enclosed and secure facility;
      4. (d) 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.
   2. (2) Cannabis product manufacturing facility, provided:
      1. (a) Cannabis product manufacturing facilities shall provide proof of registration with the State Department of Health, and shall, at all times, maintain a valid, accurate, and up-to-date registration with the State Department of Health. Should registration be revoked at any time, any permitted special use or conditional use shall immediately become void;
      2. (b) The facility shall not operate within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a facility to the nearest property line of a public or private school;
      3. (c) The facility must operate entirely within an indoor, enclosed and secure facility;
      4. (d) 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.
   3. (3) Agriculture.
2. (B) Accessory Uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use allowed in the A-1 Agricultural District.
3. (C) Parking Regulations. Parking shall be regulated in conformance with the provisions of the A-1 Agricultural District.
4. (D) Sign Regulations. Signs shall be regulated in conformance with the provisions of the A-1 Agricultural District.
5. (E) Density, Area, Yard and Height Regulations. The density, area, yard and height shall be regulated in conformance with the provisions of the A-1 Agricultural District.
6. (F) Final Development Plan. Prior to future additions or any modifications to the agricultural building, a Final Development Plan shall be presented to the Planning Commission for their approval.

MOTION by Arends and seconded by Schmidt. Arends: “Aye” Jibben: “Aye” Poppens: “Nay” Schmidt: “Aye” Landeen: “Aye”. Motion carried.

Adopted this 7 day of February 2023.

Signed: ____________/s/____________________

Tiffani Landeen, Chair
Lincoln County Board of Commissioners

Attest: ____________/s/____________________

Sheri Lund
County Auditor, Lincoln County