The city's Board of Zoning Appeals decided Thursday that a downtown adult bookstore can choose from 16 possible zoning districts to relocate.
Now, it's up to a county judge to determine whether The Video Store at 23 E. Washington St. has to move, said Brett R. Wilson, chairman of the Board of Zoning Appeals.
Wilson said the board will send its ruling as soon as possible to Washington County Circuit Court for final consideration.
Thursday marked the second time within the last year that the board decided The Video Store's adult theme was inappropriate for downtown.
The Video Store is in a C-3 (commercial central) zone, which prohibits adult bookstores.
Hagerstown permits adult bookstores in C-2 (commercial general) zones, provided the businesses remain at least 1,000 feet from the property lines of any church, school, hospital, nursing home, park or "multi-family dwelling owned by public or quasi-public authority and intended primarily for use by senior citizens or other similar land uses for human care and needs."