New Castle County, DE Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Buffer from housing
- 500 feet from residential parcels
- Buffer from schools/churches
- 2,800 feet
- Buffer between adult uses
- 1,500 feet apart
- Coverage
- Unincorporated New Castle County only
- Citation
- New Castle County Code § 40.03.313
Summary
New Castle County bars adult uses within 500 feet of homes, 2,800 feet of schools or churches, and 1,500 feet of another adult use parcel.
No parcel containing adult uses shall be permitted within a five hundred (500) foot radius of any residentially zoned parcel improved or which can be improved with a residential dwelling unit. No parcel containing adult uses shall be permitted within a two thousand eight hundred (2,800) foot radius of any parcel containing a school, church or other place of worship. No parcel containing adult uses shall be permitted within a one thousand five hundred (1,500) foot radius of any other parcel containing an adult use.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
New Castle County's Unified Development Code treats adult uses as a restricted zoning category rather than a licensed business. Under § 40.03.313, a parcel containing an adult use cannot sit within 500 feet of any residentially zoned parcel that has, or could have, a dwelling unit; within 2,800 feet of a parcel containing a school, church, or other place of worship; or within 1,500 feet of any other parcel containing an adult use. These distance rules sit in Article 3 of the Unified Development Code, which governs unincorporated New Castle County. Wilmington and Newark maintain their own separate zoning codes and are not covered by this chapter.
Violations & Fines
Siting or expanding an adult use inside any of the three buffers is a zoning violation. The Department of Land Use can deny the required land use approvals or order the use relocated or closed.
Frequently Asked Questions
How close can an adult use be to a home?
Can two adult businesses locate near each other?
Does this rule apply inside Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
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