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Wilmington, DE Business Licensing & Operations: Adult Entertainment (2026)

Significant Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permitted zone: C-5 heavy commercial district only
Spacing from other adult businesses: 500 feet minimum
Spacing from churches and schools: 500 feet minimum
Spacing from residential districts: 500 feet from district boundary
Approval needed: Zoning board of adjustment, conditional use

Summary

Wilmington confines adult entertainment establishments to the C-5 heavy commercial zone and requires 500 feet of separation from other such businesses, churches, schools, and residential districts.

(1)Adult entertainment establishments, provided that:a.No such adult entertainment establishment shall be located within 500 feet of another existing adult entertainment establishment...b.No such adult entertainment establishment shall be located within 500 feet of a preexisting church or a preexisting school which includes any grades one through 12...c.No such adult entertainment establishment shall be located within 500 feet of any of the following zoning districts: R-1, R-2, R-2-A, R-3, R-4, R-5-A, R-5-A-1, R-5-B and R-5-C.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).

Full Breakdown

City Code § 48-197(f)(1) makes adult entertainment establishments a conditional use allowed only in the C-5 heavy commercial district, and only with zoning board of adjustment approval. Every such business must sit at least 500 feet from any other adult entertainment establishment, from any preexisting church or K-12 school, and from the boundary of any residential zoning district (R-1 through R-5-C). Distances are measured in a straight line between the nearest property lines. Any adult entertainment establishment operating as a nonconforming use outside C-5 lost that status immediately upon change of ownership, per section 48-38(c)(3).

Violations & Fines

Opening or expanding an adult entertainment establishment outside C-5, or within 500 feet of another such business, a church, a school, or a residential district, violates the zoning code and can block a certificate of occupancy.

Frequently Asked Questions

Where can an adult entertainment establishment operate in Wilmington?

Only in the C-5 heavy commercial zoning district, as a conditional use requiring zoning board of adjustment approval under City Code § 48-197(f)(1).

How far must an adult business stay from a school or church?

At least 500 feet, measured in a straight line between the nearest property lines, from any preexisting church or K-12 school.

Can an existing adult business outside C-5 keep operating?

It only held nonconforming status until March 23, 1988, or until any sale or transfer of the business, per section 48-38(c)(3).

Sources & Official References

[1]Wilmington City Code § 48-197 (Zoning, C-5 districts)

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