Frederick County, VA Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Spacing requirement
- 2,500 ft from schools, churches, parks, homes
- Shopping centers
- Adult retail prohibited entirely
- Sign cap
- 25 sq ft, no wall signs or window displays
- Hours
- 9:00 a.m. to 11:00 p.m.
- Governing section
- § 165-704.01
Summary
In Frederick County outside Winchester, Stephens City and Middletown, an adult retail use must sit at least 2,500 feet from the property line of any school, church, park, day-care facility, residential use or district, or existing adult retail use under § 165-704.01, and cannot operate inside a shopping center or multitenant building at all.
§ 165-704.01. ... Adult retail. A. Adult retail uses shall comply with the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and the following minimum conditions: (1) Adult retail uses shall be located at least 2,500 feet from the property line of the following uses: (a) Existing adult retail uses; (b) Schools; (c) Churches and places of worship; (d) Parks; (e) Day-care facilities; and (f) Residential uses and districts. (2) Adult retail uses shall not be permitted in shopping centers and/or multitenant buildings. ... (5) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.
Full Breakdown
01 sets the locational and operating conditions an adult retail use must meet anywhere it is allowed under the Zoning Ordinance's Article VI Use Matrix. The 2,500-foot spacing requirement runs from the adult retail property line to the property line of six protected categories: existing adult retail uses, schools, churches and places of worship, parks, day-care facilities, and any residential use or district, which in practice pushes the use toward the County's business and industrial districts away from the RA, RP, R4, R5 and MH1 residential districts.
The section separately bars adult retail from shopping centers and multitenant buildings altogether, so even a location that clears the 2,500-foot spacing test cannot open inside a strip center or a building shared with other tenants. m. The Board of Supervisors can add further conditions on a case-by-case basis when it approves the zoning permit or conditional use permit the location and district require, on top of the section's own minimum conditions. Any adult retail operator also needs the same Commissioner of the Revenue business license every commercial use in the County requires, and the Department of Planning and Development's Zoning Administrator confirms compliance with the spacing, signage and hours conditions before and after occupancy.
Violations & Fines
An adult retail use sited within 2,500 feet of a protected use, operating in a shopping center, exceeding the 25-square-foot sign cap, or running outside the 9:00 a.m. to 11:00 p.m. window is a zoning violation under § 165-204.04. The Zoning Administrator issues a notice of violation with a correction deadline; an uncorrected violation is a misdemeanor punishable by a fine of $10 to $1,000, rising with each further 10-day period of noncompliance.
Frequently Asked Questions
How far must an adult retail store be from a school in Frederick County?
Can an adult retail business open in a Frederick County shopping center?
What hours can an adult retail store operate in Frederick County?
Sources & Official References
Other rules in Frederick County
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