The Ocean City Planning and Zoning Commission agreed on Tuesday to propose a zoning code amendment restricting adult businesses to a one-percent area of the resort town.
Realizing that it had no ordinance regulating or restricting adult-entertainment businesses on the books, the Ocean City Council placed a moratorium on all adult-business licenses last month in response to the opening of adult video retailer Sex Style. The city decided to take action after local residents complained about the store's presence in the community at a council meeting.
According to the Delmarva Daily Times, the proposed zoning code amendment states that sexually-oriented businesses are not allowed within a 600-foot radius of a building used for religious worship or activities, a public or private education facility, a public park, an entertainment businesses directed at children.
Sexually-oriented businesses would also be required to be at least 150 feet away from dwellings and at least 600 feet from another sexually oriented business.
"The restrictions leave about 223 acres available for potential sexually oriented businesses," Director of Planning Jesse Houston told the Delmarva Daily Times. "It's probably as low as we can go."
"While cities can set aside an area where sexually oriented businesses can locate, it's generally been held that such areas actually have to have sites available for the businesses to locate; just providing land is generally not enough," said AVN Senior Editor Mark Kernes. "If they try to move adult businesses to the zone, or new businesses want to come to Ocean City, there will be lawsuits."
According to Houston, Sex Style and other existing adult businesses will have one year to move to a specifically zoned area if the proposal is approved by the mayor and the city council.
In a ripple effect, cities like nearby Worcester are also taking steps to restrict the location of sexually oriented businesses, according to the report.
Worcester commissioners introduced a bill concerning zoning of adult entertainment businesses Tuesday that would call for stricter ordinances on adult-oriented businesses. The bill would also call for a moratorium on adult entertainment business (similar to the one enacted in Ocean City) until Dec. 31 to allow the commissioners to further study the situation.
A public hearing on the Worcester bill is set for June 19.
