We have received the text of the new proposed adult-use ordinance and are pleased to present it here. This proposal is on the Northampton City Council meeting agenda for 9/21. These meetings take place at 212 Main Street behind City Hall. The public is welcome to attend. The public comment period begins at 7:15pm.
Mayor Mary Clare Higgins and Councilors Marianne LaBarge and Marilyn Richards
Appendix A §2.1 and 5.2
Regulate the location and size of adult entertainment
Appendix A §2.1 and 5.2
Section 2.1
{Insert the following definition in alphabetical order. No other changes.}
ADULT ESTABLISHMENTS WITH ADULT MATERIAL
Any establishment selling adult books, magazines, videos, movies, software, any other media or electronic recording, or adult paraphernalia, as defined by Chapter 40A, Section 9 or in section thirty-one of chapter two hundred and seventy-two, provided the total display area of such adult material exceeds 1,000 square feet. Display area shall be calculated as all display areas in establishments and all buildings within a property, and in establishments and all building on adjacent properties under the same ownership or control, on which any adult materials, as herein defined, are displayed and any isles adjacent to such display areas.
Section 5.2 – Table of Use Regulations
{Amend the following rows under Retail, Service Commercial Uses in alphabetical order. No other changes.}
Retail Service Commercial Uses
RR SR UR-A UR-B UR-C CB GB HB NB M GI SI BP SC
Adult Establishments which display live or private booth nudity and Adult Establishments with adult material (-> see Section 10.13)
NO NO NO NO NO NO NO SP* NO NO NO NO NO NO
*In HB, these uses shall be allowed on sites no portion of which is less than 500 feet from any church/house of worship, day care center, park, playground, school, residence, or other adult establishment which displays live nudity or adult establishments with adult material.
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We understand this new proposed ordinance to say that any business whose display of adult material exceeds 1,000 square feet may only locate within the Highway Business zone of Northampton (which includes 135 King Street), and must be more than 500 feet from any house of worship, day care center, park, playground, school, residence, or other adult establishment which displays live nudity or adult establishments with adult material.
We recall that Capital Video’s current porn shop plans for 135 King Street call for 6,222 square feet of floor space. These plans also disclose that there are 73 abutters within 300 feet of this property, including numerous homes.
For your reference, Northampton’s existing Zoning Ordinance may be viewed here.
It would appear that city officials are doing their best to protect freedom of speech while mitigating the well-known hazards that sexually oriented businesses pose to their surroundings.