Kershaw County Council adopts zoning and public‑safety ordinances on third reading, including kratom/nitrous restrictions and hemp retail controls
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Summary
On Feb. 10 the council approved multiple third‑reading ordinances: a zoning map amendment, new boat‑landing regulations, a nitrous‑oxide/kratom ordinance (nitrous 18+, kratom 21+ with labeling/display rules), and a conditional‑use ordinance for hemp retail establishments with separation and operational restrictions. Several amendments were debated and one 30‑day nonconforming‑use amendment failed.
Kershaw County Council on Feb. 10 passed a slate of third‑reading ordinances addressing zoning and public‑safety concerns.
Votes at a glance • Ordinance 10a — Amendment to official zoning map (16.68 acres): Passed unanimously on third reading. • Ordinance 10b — Amend Chapter 24 to regulate public boat landings: Passed unanimously on third reading; ordinance clarifies conduct at ramps and enables sheriff enforcement for violations. • Ordinance 10c — Prohibit/limit sale and distribution of nitrous oxide and kratom and set retail display/labeling requirements: Council adopted an amendment to specify age restrictions (nitrous oxide 18+ and kratom 21+ in retail areas), then passed third reading unanimously. • Ordinance 10d — Add conditional‑use rules for retail establishments selling hemp‑derived and synthetic cannabinoid products (table 3‑3) with location separation and operational restrictions: council adopted table 3‑3 and other amendments (including increasing a separation distance from 500 to 2,000 feet) and passed the final amended ordinance on third reading. A proposed amendment to shorten the period after which an existing establishment would lose nonconforming status (90 days → 30 days) failed 3–4.
Council discussion and legal context County legal counsel explained that some state provisions already regulate kratom and that county rules are structured to the extent not preempted by state or federal law. Counsel recommended splitting the age/display language so nitrous oxide (18+) and kratom (21+) are separately addressed; the council unanimously approved that amendment.
On hemp retail controls, members debated buffer distances from schools, churches and parks and whether a shorter nonconforming‑use window would be appropriate. The council voted unanimously to increase the separation distance to 2,000 feet in the ordinance's amended form. The 30‑day cessation amendment (would have caused an existing business to lose nonconforming status if it ceased operation for more than 30 days) failed; the council kept 90 days for nonconforming‑use dormancy.
Procedural notes Minutes were approved earlier in the meeting with Councilman Tucker recorded as abstaining because he was not present at the referenced meeting. Several ordinance amendments were moved, seconded and voted on individually; the county attorney noted a pending state House amendment and ongoing federal/state activity regarding intoxicating hemp/cannabinoid definitions.
Ending: Council approved all third‑reading items as amended and instructed staff and legal counsel to administer enforcement with the sheriff's office and code enforcement; several members urged state lawmakers to address these products at the state level as well.
