(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 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. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(b) None of the following permitted uses may be established, operated or maintained within 1,320 feet of a residence, residential district, public playground, child welfare agency, place of worship, private or public school meeting all the requirements of the Compulsory Education Laws of the State of South Dakota, or public recreation facility:
(1) Adult bookstore and/or video/DVD store;
(2) Adult theater;
(3) Adult photo studio;
(4) Any use which has as a part of its operation adult entertainment or amusement including, but not limited to, a restaurant or eating place, bar, lounge or tavern;
(5) Any use intended to provide adult amusement or entertainment; and
(6) Adult mini motion picture theater.
(c) Not more than two of the following permitted uses may be established, operated or maintained within 1,000 feet of each other:
(1) Adult bookstore and/or video/DVD store;
(2) Adult theater;
(3) Adult photo studio;
(4) Any use which has as a part of its operation adult entertainment or amusement including, but not limited to, a restaurant or eating place, bar, lounge or tavern;
(5) Any use intended to provide adult amusement or entertainment;
(6) Bar;
(7) Liquor store; and
(8) Adult mini motion picture theater.
(d) The 1,000-foot restriction provided for in division (c) above may be waived and a conditional use permit issued upon proper application if the county and city find:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these regulations will be observed;
(2) The proposed use will not enlarge or encourage the development of a “skid row” area; and
(3) All applicable regulations will be observed.
(e) None of the uses listed in division (b) above may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 2:00 a.m. and 12:00 noon on Sunday.
(1992 Code, App. C, § 15.02) (Ord. 20-02, passed 3-18-2002; Ord. 104-08, passed 8-18-2008)