Planning commission recommends special-use-permit requirement for adult-oriented businesses

The James City County Planning Commission voted unanimously on June 4, 2025 to recommend approval of Ordinance 25-0001, which would add a definition for "adult-oriented businesses" to the county zoning ordinance and require that such uses obtain a special-use permit if located in specified commercial or limited industrial districts.

Planning staff presented background material noting that these uses are not currently defined in the ordinance and can be classified under general retail or other categories. Miss Parrish told the commission that the Code of Virginia allows localities to regulate land uses through zoning and that the United States Supreme Court recognizes some First Amendment protection for adult-oriented expressive conduct. Staff recommended a regulatory approach that establishes a definition and requires a special-use permit rather than an outright prohibition, which staff said would likely fail legal scrutiny.

The draft ordinance defines categories such as adult bookstores, adult video stores, adult novelty shops and adult entertainment, and would list the use as allowed by special-use permit in Division 9 (Limited Business, LB), Division 10 (General Business, B-1) and Division 11 (Limited Business/Industrial, M-1). Staff said requiring a special-use permit will give the Planning Commission and Board of Supervisors an opportunity to evaluate whether a proposed business would adversely affect health, safety or welfare of people on or near the premises or impair the character of the district.

Commissioners discussed the locations shown on maps staff provided and compared the proposed approach to neighboring jurisdictions that recently amended their codes. There was discussion of existing nonconforming establishments and the effect of the ordinance on future businesses: existing businesses that are nonconforming would be subject to standard nonconforming-use rules; new businesses in the listed districts would need a legislative act (special-use permit) to operate. After the public-hearing period produced no public speakers, a commissioner moved to recommend approval. The roll call vote recorded all members present voting "Aye." The Planning Commission will forward its recommendation to the Board of Supervisors for final action.