42-01 - Special Provisions for Adult Establishments

LAST AMENDED
10/13/2010

In addition to the applicable regulations for the #uses# listed in a permitted Use Group, #adult establishments# shall be subject
to the following provisions:

(a)    #Adult establishments# are not permitted in a #Manufacturing District# in which #residences# or #joint living-work
        quarters for artists# are allowed as-of-right or by special permit or authorization. No provisions or findings of such
        special permit or authorization which require an assessment of the impact of new #residences# or new #joint living-work
        quarters for artists# on #commercial# or #manufacturing# #uses# within a #Manufacturing District# shall be construed
        as a limitation on the scope of this provision.

(b)    In all other #Manufacturing Districts#, no #adult establishment# shall be established less than 500 feet from a house of
        worship, a #school#, a #Residence District#, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District, or a #Manufacturing
        District#, other than an M1-6M District, in which new #residences# or new #joint living-work quarters for artists# are
        allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or
        authorization which require an assessment of the impact of new #residences# or new #joint living-work quarters for
        artists# on #commercial# or #manufacturing# #uses# within a #Manufacturing District# shall be construed as a
        limitation on the scope of this provision. However, on or after October 25, 1995, an #adult establishment# that
        otherwise complies with the provisions of this paragraph shall not be rendered #non-conforming# if a house of worship
        or a #school# is established on or after April 10, 1995, within 500 feet of such #adult establishment#.

(c)    No #adult establishment# shall be established less than 500 feet from another #adult establishment#.

(d)    No more than one #adult establishment# permitted under this Section shall be established on a #zoning lot#.

(e)    #Adult establishments# shall not exceed, in total, 10,000 square feet of #floor area# and #cellar# space not used for
        enclosed storage or mechanical equipment.

(f)   #Adult establishments# which were established on October 25, 1995, and conform to all provisions of the Zoning
       Resolution relating to #adult establishments# other than the provisions of all or any combination of paragraphs (c), (d)
       and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an #adult establishment# shall be established upon the date of a permit issued by the Department of
Buildings therefor, or, in the case of an #adult establishment# in existence prior to August 8, 2001, as determined by the
Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work
authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an #adult establishment#.