Publication Date

Fall 2002

Degree Type

Master's Project

Degree Name

Master of Urban Planning (MUP)

Department

Urban and Regional Planning

Abstract

The major considerations on this subject for a court are whether any limitation on adult uses is based on content, or whether it is based on the secondary effects of these uses on the surrounding community. There have been a number of instances in the last years in which federal courts have found adult use zoning restrictions to be acceptable, if they have been motivated by a desire to protect neighborhood quality, as contrasted with impermissible desire to ban the message purveyed by the adult uses.

For jurisdictions, zoning is the first line of defense in regulating sexually oriented uses. Zoning ordinances typically specify which zoning districts allow sexually oriented uses and set standards for the separation of the use from places frequented by families and children, as well as separation from other uses classified as sexually oriented. Some ordinances specify special signage and exterior design standards." New York City goes a step further and stipulates that no adult establishment is permitted to exceed 10,000 square feet in floor area and cellar space.

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