A commercial establishment featuring display, description and depiction of “specified anatomical area” or “specific sexual activities” to the degree specified within the zoning resolution is called an adult establishment and the following are some zoning and building regulations that govern such establishments.
In Sec. 12-10 of the 1995 Zoning Resolution, adult establishment is a commercial establishment wherein at least 40% (a substantial portion) of the establishment will be an adult eating/drinking place, adult theater, adult bookstore, other adult commercial business or any combination thereof.
In the determination of substantial portioning of a business for adult purposes, the following needs to be considered:
- The total floor area (FA) and cellar space accessible to customers and apportioned for such establishments.
- The percentage of the total FA and cellar spaces accessible to customers and apportioned for such establishments.
In determination whether the substantial portioning of a business’ stockin-trade is dedicated to specific items, the following then needs to be considered:
- The percent of total stocks that are readily available for customers.
- The total floor area (FA) as well as cellar space unrestricted for customers that contain these specific stocks.
- The percentage of the total FA and cellar spaces unrestricted for customers that contain such items.
Adult Establishments, Schools and Houses of Worship
In pursuant to the zoning resolution, adult establishments are not allowed in residential districts as well as some commercial districts and in districts wherein such are permitted they should be located at least 500 feet away from a school, a house of worship (both places are referred to as “sensitive receptors”) or another previously established adult establishment.
In order to determine whether an adult establishment is within 500 feet of a sensitive receptor or another adult establishment, the DOB shall determine the distance radially within the following conditions:
A. Measuring from Adult Establishment
The distance is measured from the center line of door/s of the main entrance or from the center line of the ground floor door/s that provides the most direct access from the establishment to the streets.
B. Measuring Between 2 Establishments
The distance is measured from the center line of the main entrance or from the center line of the ground floor door/s providing the most direct access from the establishment to the street of both establishments.
C. Measuring Between An Adult Establishment and A Sensitive Receptor
The beginning point of measurement is the same as that of the two previous measurements for the adult establishment, while the sensitive receptor measurement will be the outside face of the nearest demising wall. If the sensitive receptor has outdoor space directly adjacent and is used by the sensitive receptor i.e. school playground, then the measuring point will be at the nearest boundary of the playground rather than the school building. However, if the sensitive receptor shares a zoning lot with other establishment with use unrelated to the sensitive receptor like a commercial office building for example, the office building part of the lot will not be considered as part of the sensitive receptor area.
Required Statement
Application filed on or after the 10th of July 2010 must include the following statements:
“No school, house of worship, or other adult establishment has been
established within 500 feet of the center line of the door(s) of the principal entrance of the proposed adult establishment or of the center line of the ground floor of the door(s) giving the most direct street access to the proposed adult establishment.
Size & Signage Limits
The adult establishment cannot exceed 10,000 sq. ft. of floor area and/or cellar space that’s not used as enclosed storage or mechanical equipment, while its signage cannot exceed 3x the size of the zoning lot’s frontage and never more than 150 sq.feet per establishment and only upto 50 sq.ft can be illuminated, non-flashing signage.
There maybe other applicable laws, bulletins, directives, energy code approvals as well as agency approvals necessary before you can open an adult establishment. If you are interested in establishing this type of business, you can contact P. Wolfe Consultants and we will be glad to assist you.