A Washington County judge today postponed a ruling on whether to uphold a zoning board’s decision declaring an adult bookstore here was in violation of the city’s zoning law.
In April, the Hagerstown board of Zoning Appeals upheld city Zoning Administrator Steve Bockmiller’s decision to send a violation The Video Store, 23 E. Washington St., the Herald-Mail reported.
The store, the city claimed, was located in an area that is not zoned for adult businesses, thus in violation of the zoning law. But the store’s owner appealed to the court to overturn the decision.
Judge John H. McDowell said he would issue his ruling in writing in about a week.
Howard Schulman, an attorney for the store’s owner argued that the zoning board didn’t base its ruling on fact and that it didn’t determine whether the store itself was considered an “adult bookstore.”
By law, the city allows adult bookstores only in commercial zones and not within 1,000 feet of churches, schools, parks and other public places.
Under regulations, an adult business is defined as one which has at least 5 percent of its merchandise is made up of adult-related items.
City Attorney Mark Boyer said that there were between eight and 22 locations in the city which could be used for an adult establishment under zoning laws.
But Schulman said the locations were not viable alternatives.
