HomeMy WebLinkAbout03/03/2009 06 Adult Business Ordinance - Public Hearing POSTPONED TO 3-24-09 BUSINESS OF THE CITY COUNCIL
0 YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6
• For Meeting Of: March 3, 2009
ITEM TITLE: Joint City - County Open Record Public Hearing to consider the Regional
Planning Commission's recommendation on the proposed Adult Business
Ordinance
SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Joseph Calhoun, Assistant Planner, 575 -6162
SUMMARY EXPLANATION:
A joint public hearing is scheduled before the City and County elected officials to consider the
Regional Planning Commission's recommendation to adopt the proposed Adult Business
Ordinance and to amend the Yakima Urban Area Zoning Ordinance. The Adult Business
Ordinance will implement development standards and location criteria for adult business and
entertainment uses.
0 Resolution Ordinance X Contract Other X (Specify) RPC Findings and Public
Notice Record
Funding Source N/A
APPROVAL FOR SUBMITTAL: ........-
City Manager
STAFF RECOMMENDATION: Adopt the Adult Business Ordinance as part of the Yakima
Urban Area Zoning Ordinance. Please bring previously distributed material.
BOARD RECOMMENDATION: The Regional Planning Commission recommended approval
of the Adult Business Ordinance on November 18, 2008
JOINT CITY - COUNTY RECOMMENDATION:
ill
® ORDINANCE NO. 2009-
AN ORDINANCE relating to the regulation of land use and development of adult oriented
businesses in the City of Yakima and amending Chapter 15.09 of Title
15 of the City of Yakima Municipal Code; adding a new Section
15.09.200, entitled Adult Business.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.09.200 of Chapter 15.09 of the City of Yakima Municipal Code is
hereby added as a new section to read as follows:
"15.09 Special Development Standards
Sections:
' 15.09.010 Purpose .
15.09.020 Special Development Standards For The District Overlays
15.09.030 Common Open Space Requirements
15.09.040 Zero Lot Line Development
15.09.050 Performance Standards — Emissions
15.09.060 Special Development Standards For Service Stations And Other Retail Uses Selling
Motor Fuel
15.09.070 Special Requirements For Animal Husbandry
0 15.09.080 Special Requirements For Bed And Breakfast Inns
15.09.090 Special Requirements For Social Card Rooms
15.09.100 Private Street Review Requirements
15.09.110 Reasonable Use Accommodation Process
15.09.200 Adult Business
15.09:010 – Purpose _
A. Purpose. The overlays are established to coordinate the provisions established in the
zoning ordinance with more detailed policies and standards adopted in other plans and
ordinances. .
Specific overlays have been established as follows:
Overlay District Districts or programs
Greenway Overlay Yakima River Regional Greenway Plan; Shoreline Master Program
Floodplain Overlay Shoreline Master Program
National Flood Insurance Program (flood hazard areas)
Overlays established separately in this Title
Airport Safety Overlay
(see YMC Ch. 15.30)
Yakima Air Terminal at McAllister Field
Other public airport with defined airspace per FAR Part 77
Institutional Overlay
(see YMC Ch. 15.31)
Large -scale institutional facilities with special locational needs
Master Planned Development
Overlay (see YMC Ch. 15.28)
Master Planned Development (residential, commercial, industrial or
® mixed -use development .
B. Application. The provisions of this Chapter shall apply when all or a portion of a
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development, or modification thereto, is proposed within the boundaries of an overlay. •
15.09.020 — Special Development Standards For The District Overlays
A. Project Review in an Overlay. In order to assure the appropriate standards are applied, all
Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review.
(YMC Ch. 15.14) All Class (2) uses shall be subject to Type (2) review and Class (3) uses in
an overlay district shall be subject to Type (3) review. The Administrative Official may
condition or deny approval of any use, development, or modification thereto in an overlay
based on the provisions set forth and adopted by this section.
B. Special Development Standards in the Greenway Overlay. All development in the
Greenway Overlay shall conform to the requirements and standards of the underlying zoning
district and the policies and intent of the Yakima River Regional Greenway Plan.
C. Special Development Standards in the Floodplain Overlay. All development in the
Floodplain Overlay shall conform to the requirements and standards of the underlying zoning
district, and the flood damage prevention ordinance adopted by the county /city. Development
within shorelines jurisdiction or the floodplain shall also be consistent with the county or city
shorelines master program and /or the flood damage prevention ordinance.
D. Coordination with the Shorelines Master Program. If a proposed Class (2) or (3) use,
nonconforming use expansion, or modification is proposed on property within the
jurisdictional boundaries of the Yakima County Shoreline Master Program and is subject to
permits thereof, then the proposed change shall not be subject to the . procedural requirements,
but shall be subject to all applicable standards. If a conflict exists between the standards of
the shoreline master program and YMC Title 15, the more restrictive provisions shall apply.
15.09.030 — Common Open Space Requirements
•
The following provisions shall apply whenever common open space is proposed by the
developer, or when required by an Administrative Official under Type (2) or (3) review as a
condition of approval:
A. Use. The common open space may be used for recreation; shoreline access; landscaping;
land use, visual, or noise buffer; drainage control; or other uses approved by the reviewing
official during project review. Uses authorized for the common open space shall be appropriate
with the use, size and density of the proposed development and the natural features of the
site.
Common open space shall be improved for its intended use, but common open space
containing natural features may be left unimproved. All structures and improvements
permitted in the common open space must be appropriate with the authorized use and natural
features of the common open space. Common open space may be used only for those uses
specified in the approved final site plan.
B. Location. The location, shape, size, and character of the open space shall be suitable for
the type of project. Generally, common open space shall be:
1. Located next to other open space areas;
2. Located so that it buffers the proposed development from neighboring developments; or,
3. Located to provide access to recreation facilities or link recreational facilities with sidewalks
or paths.
C. Retention and Maintenance. The final site plan shall include a provision approved by the
reviewing official assuring the permanent retention and maintenance of the common open
space. Such assurance may be in the form of restrictive covenants, dedication of open space
to the public where such dedication will be accepted by the legislative body, a homeowner's
association, or any other method approved by the Administrative Official. All legal
documents to carry out this requirement shall be approved by the jurisdiction's legal •
authority. The document shall contain a provision vesting the county /city with the right to
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• enforce the permanent retention and maintenance of the common open space and provide
that in the event that common open space is permitted to deteriorate, or is not maintained in a
condition consistent with the approved plan and program, the county /city may at its option
cause necessary maintenance to be performed and assess the costs thereof to the owners of
the property within the project. A document shall also provide for the collection of such costs
by lien and /or direct civil action.
15.09.040 – Zero Lot Line Development
A. Purpose. Zero lot line development for single- family dwellings may be permitted in order to:
promote efficient land use, permit a more energy efficient arrangement of structures, protect
environmentally sensitive areas, or provide more usable private or community open space.
B. Review Required. Zero lot line development in subdivisions and short subdivisions
approved after the effective date of this ordinance may be approved by a Type (2) review.
Zero lot line development may also be approved on lots created before the effective date by a
Type (3) review. A site plan meeting the requirements of YMC 15.11.040 or, as applicable
YMC 15.11.050, shall be prepared for all zero lot line development.
C. Development Standards. All zero lot line developments shall comply with the standards of
Table 5 -1, and 5 -2, the provisions and the following requirements; provided, that where the
standards included herein conflict with the standards established in other sections, the
standards herein shall apply:
1. Dwelling Unit Setbacks:
a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior
side property line (a zero setback). The setback standard from the other side property
line shall be ten feet. No structures except for patios, pools, fences, walls, and other
similar elements are permitted within the required setback area.
b. Rear Yard Setback Standard. The rear yard setback standard is ten feet.
c. Front and Street -side Setback Standards: Front and street -side setback standards shall
be those shown on Table 5 -1.
2. Accessory Building Setback. Accessory buildings and structures shall observe the
setback requirements for the main dwelling unit.
3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district
requirements established in Table 5 -1.
4. Platting Requirements. Each dwelling shall be located on its own individual platted lot.
The plat shall show the zero lot lines and the related easements.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall
be no windows, doors, air conditioning units, or any other type of openings in the wall
along the zero lot line, except when such a wall abuts permanent open spaces or a public
or private right -of -way.
6. Maintenance and. Drainage Easements. A perpetual maintenance, eave overhang, and
drainage easement at least five feet wide shall be provided on the lot adjacent to the zero
lot line property line, which, with the exception of walls and /or fences, shall be kept clear
of structures. This easement shall be shown on the, plat and incorporated into each deed
transferring title on the property. The wall shall be maintained in its original color and
treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves,
but no other part of any structure, may protrude across a side lot line, and such protrusion
shall not exceed 18 ". Water runoff from the dwelling placed on the lot is limited to the
easement area.
7. Common Open Space and Maintenance Facilities. Any common open space provided
®
shall comply with YMC 15.09.030.
15.09.050 – Performance Standards - Emissions
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A. Purpose and Application. The purpose of this section is to provide guidelines and general •
standards governing emissions and miscellaneous items covered herein for use in evaluating
the impact of proposed developments and uses, or changes or alterations thereto, being
considered under the terms. A reviewing official, including those engaged in Type (1)
review or administrative modification review may impose reasonable conditions, or in
appropriate instances deny proposed developments based on the standards and guidelines
set
forth in this section in order to assure that permitted uses do not generate gases, fumes, heat,
glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district
and /or incompatible with surrounding uses.
B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to
human health, animal life, vegetation, or property is prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot lines.
D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light,
beyond its lot lines.
E. Vibrations. No use shall cause vibrations or concussions detectible beyond its lot lines
without the aid of instruments, except for vibration resulting from construction activity.
F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust
constitute a fire hazard, produce offensive odors, or which may be edible or otherwise
attractive to rodents or insects shall be stored in closed containers and in a manner to
eliminate or prevent such hazards.
15.09.060 — Special Development Standards For Service Stations And Other Retail Uses
Selling Motor Fuel
A. Purpose. The purpose of this section is to establish special site design standards for new
service stations and other retail uses supplying motor fuel. These standards are intended to
assure that these uses are compatible with adjoining residential districts and the character of
the district in which they are located.
B. Fifty -foot Setback from Residential Districts Required. Each pump island shall be setback
at least 50 feet from the zoning district boundary of all adjoining residential districts. Other
permitted structures shall comply with the setback provisions established in Table 5 -1.
C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail
use selling gasoline shall be used for the storage, display, and sale or leasing of any new or
used vehicle.
15.09.070 — Special Requirements For Animal Husbandry
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm
animals within the urban area is compatible with adjoining residential uses and the intent and
character of the district they are located in.
B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban
area is one -half acre. A lot at least one -half acre in size shall be deemed to meet this
requirement even though a portion of the lot may be used for a single - family dwelling.
C. Project Review. Animal husbandry operations, which would create noise and odors attract
insects or rodents or are otherwise incompatible with surrounding residential uses or the
intent of the zoning district, may be conditioned or denied by the reviewing official in
accordance with the provisions of this section and YMC 15.09.070.
D. Minimum Setback. No portion of any structure used to house a domesticated farm animal
shall be within one hundred feet of any residence other than the dwelling on the same lot.
E. Maximum Number of Animals. The maximum number of animals that may be kept on the
site at any time of the year shall be the number of animals that can be sustained by the •
pasture on which they are kept as their primary source of food, except during the winter
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® months. The burden of proving that the pasture can sustain the number of animals in question
shall be on the applicant.
F. Fencing. Fencing adequate to contain the animals shall be provided and .maintained.
15.09.080 — Special Requirements For Bed And Breakfast Inns
Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes. Any
reception hall or meeting room shall be restricted to serve no more than the total number of
tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be
subject to the following requirements, except in those zoning districts where motels and hotels
are Class 1, 2, or 3 uses:
A. Home occupation bed and breakfast inns shall be operated so as not to give the
appearance of being a business and the inn shall not infringe upon the rights of neighboring
residents to peaceful occupancy of their homes. Minimal outward modifications of the structure
or grounds may be made only if such changes are compatible with the character of the
neighborhood.
B. Meals shall only be served to guests, even if required to be licensed as a restaurant under
state regulations, except as otherwise permitted in this Title.
C. The number of guest rooms shall not be increased through any exterior modifications or
additions to the home occupation bed and breakfast.
D. The front yard area shall not be used for off - street parking for bed and breakfast guests
unless the parking area is screened and found to be compatible with the neighborhood or
unless waived by the reviewing official.
E. One non - illuminated or externally illuminated sign not exceeding the maximum size allowed
within the applicable zoning district, and bearing only the name of the inn and /or operator shall
® be permitted.
F. The Administrative Official may authorize use of the bed and breakfast inn for receptions,
group meetings and special gatherings based upon the size of the inn, availability of adequate
off- street parking spaces, public health considerations, and compatibility with the
surrounding neighborhood.
G. No more than five lodging or guest rooms shall be allowed for home occupations.
15.09.090 - Special Requirements For Social Card Rooms
No social card room shall be permitted within five hundred feet of any public school, private
school (meeting the requirements for private schools under Title 28A RCW), church or park, as
measured according to RCW 66.24.010(9), or as the same may be hereafter amended.
15.09.100 — Private Street Review Requirements .
Private Roads - General Requirements. Private streets serving three lots, housing units or
more may be approved as an element of a Master Planned Development Overlay (YMC Ch.
15.28), a Mobile Home/ Manufactured Park (YMC 15.04.150), a Condominium or within a
Binding Site Plan in conformance with Subdivision requirements.
A. Any private road that is located in a private street subdivision shall be constructed to the
minimum standard of the appropriate jurisdiction and shall be permanently retained and
maintained as a private road.
B. Private roads are the responsibility of the landowners to construct and maintain in
accordance with YMC Ch. 15.09 and shall be specified in a homeowner's association,
development agreement or other
C. Names for private roads shall be approved by City or County Planning Departments.
D. Private roadway signs with street name designations shall be provided by and maintained
® by the developer or homeowner's association and shall be located at the intersections of
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private roads. Such signs shall meet the specifications set forth by the respective governing •
body.
E. A gate may be installed at the entrance to a private street, provided there is a minimum of
50 feet between the public street and the gate and the width of each travel aisle is 24 feet.
F. A private gate shall not obstruct emergency, public service, or utility vehicles access.
G. Private roads and the entire easement or right -of -way width shall be open and available for
use by emergency, public service, and utility vehicles.
H. The face of any plat, short plat, Master Development Plan, Binding site plan, or
condominium document containing a private road, and all subsequent documents transferring
ownership of lots within such plat or short plat, shall bear the following language: "The City
of Yakima has no responsibility to build, improve, maintain or otherwise service any private
road for this plat/short plat. Any right -of -way dedicated to the public by this plat/short plat
shall not be opened as a City (or County) street until such time as it is improved to city (or
County) street standards and accepted as part of the City (or County) transportation system."
I. The placement of utilities shall be coordinated as much as possible with the placement of
private roads and public rights -of -way.
J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility
easements shall be located outside private access easements and dedicated road rights -of-
way unless approved otherwise by the City /County Engineer.
15.09.110 — Reasonable Accommodations Process
A. Purpose. This Chapter has been enacted to authorize the Director Of Community &
Economic Development or his designee to waive or vary provisions of the Code when
necessary to reasonably accommodate the statutory rights of the disabled under the
Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law
Against Discrimination (WLAD). This process shall be interpreted and administered in order to
ensure the full exercise and enjoyment of a disabled person's right to the residential
housing of his/her choosing. The provisions of this Chapter shall apply to commercial and
may apply to some residential activities or zones; provided that nothing herein shall be
interpreted to limit the exercise of a disabled person's rights by or through a residential care
provider. In the event of any conflict or if an interpretation of this Chapter is required, it
shall be implemented and interpreted in accordance with the provisions of the Americans
with Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination.
B. Reasonable Accommodations.
1. Upon the application of a disabled person or individual or entity providing services to the
disabled in a residential facility or other group living arrangement, the Director Of
Community & Economic Development or his designee is hereby authorized to vary,
modify, or waive the provisions of the Yakima Municipal Code, including the provisions
of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as
necessary to provide to a disabled person's or care provider to the disable's full
enjoyment of a residence.
2. The City's duty to accommodate is an affirmative one, and the Director Of Community &
Economic Development is thereby authorized to provide accommodations in a thoughtful
and proactive manner.
3. The following review may, at the Director Of Community & Economic Development's
discretion, include citizen input into the administrative process. The Director Of
Community & Economic Development shall provide written notice of the
accommodation to the applicant and property owners within five hundred feet of the
subject site.
4. When applying this reasonable accommodation process to the Yakima Municipal Code, •
including the State Building Code and other codes adopted pursuant to Yakima
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Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled
and shall attempt to ascertain the actual physical and/or mental limitation of the disabled
individual in order to craft an accommodation which best suits the exercise of that
individual's rights.
C. Waiver Of Building Code Requirements. No reasonable accommodation shall be provided
by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11
and 15, which does not substantially accomplish the purposes of those Titles or which would
reduce the fire safety of any structure. Modifications, waivers, or variances of the provisions of
International Building Code, International Fire Code, and other codes adopted pursuant to
YMC Titles 10 and 11 shall provide at least the same, level of safety required by the respective
Washington State Code. The applicant shall have the burden of establishing that the proposed
modification, waiver, or variance accomplishes substantially the same purpose without
reduction of fire safety.
D. Accommodations Personal To The Applicant. The accommodation provided shall be
personal to the applicant and shall not run with the land; provided that a change in a
residential structure necessary to accommodate the operation of a residential care provider to
the disabled may be continued by future operations of similar facilities at the site who
established the same use within six months of the date the prior use by the disabled person or
residential care provider ceases. The Director Of Community & Economic Development may
direct that any physical change in the structure which would otherwise be illegal under the
use or bulk requirements of the YMC Title 15, Yakima Urban Area Zoning Ordinance be
brought into compliance six months after the date of sale or transfer of a residential structure
to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD.
ill E. Appeal. Interested persons, that are persons located within five hundred feet of the building
site, may appeal the reasonable accommodation by filing a petition for review with Yakima
County Superior Court within ten days of the date of mailing of the notice of decision.
15.09.200 — Adult Business .
A. Purpose: All adult business uses shall comply with the requirements of this Section. The
purpose and intent of requiring standards for adult business uses is to mitigate the adverse
secondary effects caused by such facilities and to maintain compatibility with other land uses
and services. In furtherance of this purpose :this Section is intended to regulate the location of
adult entertainment and commercial enterprises in order to promote the health, safety and
welfare of all citizens and in order to preserve and protect the quality of life in and around all
neighborhoods through effective land use planning and reasonable regulation in light of the
findings set forth herein and the facts and evidence contained in the legislative record.
The standards established in this Section shall apply to all adult business uses. Adult
business uses are recognized as having objectionable operational characteristics, particularly
when they are aggregated in one area. Since these uses have a harmful effect upon adjacent
uses, and residential and commercial uses in particular, special regulation of adult business
uses is necessary to avoid adverse effects arising from adult businesses so they will not
contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of
this Section to allow these uses to exist in a dispersed manner within specific zoning districts.
The standards established in this Section shall not be construed to restrict or prohibit the
. following activities or products: plays, operas, musicals, or other dramatic works; classes,
seminars or lectures for educational or scientific purposes; nudity within a locker room or other
similar facility used for changing clothing in connection with athletic or exercise activities;
nudity within a hospital, clinic or other similar medical facility for health- related purposes; and
all movies and videos that are rated G, PG, PG -13; R and NC-17 by the Motion Picture
® Association of America.
B. Special Definitions Specific to this Section.
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For the purpose of this Section, the following words and phrases shall have the following
meanings:
1. Adult ArcadeNiewing Booth means any booth, cubicle, stall, or compartment that is
designed, constructed, or used to hold or seat patrons and is used for presenting adult media
for observation by patrons therein. This definition does not apply to a theatre, movie house,
playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet.
Those greater than 600 square feet shall be considered an,Adult Motion Picture Theater.
2. Adult Business Uses means any uses on premises to which the adult public, patrons or
members are invited or admitted or wherein any employee or other person provides, exhibits or
performs adult entertainment or operates an adult commercial establishment, to or for a
member of the adult public, a patron or a member, and specifically includes the list below.
a. Adult commercial establishments;
b. Adult motion picture theatres;
c. Adult arcades / viewing booths;
d. Adult cabarets, dance halls and dance studios.
Also refer to specific prohibited uses identified in Section 15.09.200(E).
3. Adult Cabaret/Dance hall or Dance Studio means a building or portion of a building
regularly featuring dancing or other live adult entertainment if the dancing or entertainment
provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual
activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30).
4. Adult Commercial Establishment means any premises on or where adult media or
sexually oriented toys or novelties are the majority of articles or items for sale and/or rent.
Majority shall be determined to exist when forty percent (40%) or more of the establishment's
gross public floor area is devoted to adult media or sexually oriented toys or novelties.
Commercial establishments where the sale and/or rent of adult media or sexually oriented toys
or novelties do not account for forty percent (40 %) or more of the establishment's gross public
floor area shall adhere to the standards set forth in section 15.09.200(C)(2).
5. Adult Entertainment means any exhibition or dance of any type, pantomime, modeling
or any other performance, including motion pictures, which involves the exposure to view any
specified anatomical areas or involves any specified sexual activities.
6. Adult Media means magazines, books, videotapes, movies, slides, cd -roms or other
devices used to record computer images, or other media that are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to specified
anatomical areas or specified sexual activities.
7. Adult Motion Picture Theatre means an establishment emphasizing or predominantly
showing movies that exhibit specified sexual activities
8. Body Studio means any premises, other than a licensed massage parlor, reducing
salon, health spa or public bath house, upon which is furnished, or which is offered to be
furnished, for a fee or charge or other like consideration, the opportunity or act of painting,
massaging, feeling, handling or touching the unclothed body or any unclothed portion of the
body of another person, or to observe, view or photograph any such activity.
9. Church See definition in YMC § 15.02.020
10. Escort and Introductory Service means services provided with the intent to perform
prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited
in this Section.
11. Massage Parlor means a commercial establishment in which massage or other
touching of the human body is provided for a fee and which excludes any person by virtue of
age or sex from all or any portion of the premises '. in which such service is provided.
12. Media means anything printed or written, or any picture, drawing, photograph, motion
picture, film, videotape or videotape production, or pictorial representation, or any electrical or •
electronic reproduction of anything that is or may be used as a means of communication.
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• Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound
recordings, cd -roms, other magnetic media, and unde'veloped pictures.
13. Park See definition in YMC 4 15.02.020
14. Residential Zoning District means the Suburban Residential (SR); Single - Family
Residential (R -1); Two - Family Residential (R -2); and Multi - Family Residential (R -3) zoning
districts as defined in YMC Ch. 15.03.
15. School See definition in YMC § 15.02.020
16. Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia
either designed as representations of human genital organs or female breasts, or designed or
marketed primarily for use to simulate human genital organs.
17. Specified Anatomical Areas means (1) Less than completely and opaquely covered:
human genitals, pubic region, buttock, and female breast below a point immediately above the
top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
18. Specified Sexual Activities means human genitals in a state of sexual stimulation or
arousal or acts of human, masturbation, sexual intercourse, sodomy, or fondling or other erotic
touching of human genitals, pubic region, buttock, or female breast.
19. Specified Sexual Exhibitions means any exhibition, performance or dance which is
intended to sexually stimulate any member of the public and which is conducted on a regular
basis or as a substantial part of the premises activity. This includes, but is not limited to, any
such exhibition, performance or dance performed for, arranged with or engaged in with fewer
than all members of the public on the premises at that time, with separate consideration paid,
either directly or indirectly, for such performance, exhibition or dance and which is commonly
referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or
0 straddle dancing.
C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions:
1. Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and
only in the CBD (Central Business District), GC (General Commercial) zoning districts; and as
a Class (3) use, requiring Type (3) review, in and only in the M -1 (Light Industrial) zoning
district when applicable development standards of this Section are met:
2. Commercial uses approved for zoning requirements of Chapter 15.04 through 15.08
that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion
of the establishment's gross public floor area devoted to the sale or rent of adult media or
sexually oriented toys or novelties accounts for less than forty percent (40 %) of gross public
floor area of the commercial use shall:
a. Restrict persons under the age of eighteen (18) from purchasing and /or renting the
adult items; and,
b. Contain those adult items in a separate area appropriately sited and signed to restrict
access to people under the age of eighteen (18), or behind a counter.
D. Development Standards. The following standards shall apply to proposed adult business
uses, permitted under this Section:
1. Adult business uses shall adhere to the following standards:
a. Separation Standards
1. The parcel that contains the adult business use, and the signs relating to the use, shall
not be located within five hundred (500) feet of any of the following preexisting uses or
previously established districts:
a. The outside boundary of any parcel that contains a public school, private school or day
care facility;
b. The outside boundary of any parcel that contains a church or other house of worship;
c. The outside boundary of an existing public park;
d. The outside boundary of any parcel that contains a public library; and,
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e. A residential zoning district. •
2. The parcel that contains an adult entertainment use shall not be located within fifteen
hundred (1500) feet of a parcel supporting a similar adult entertainment use as defined in this
Section, whether such similar use is located within or outside the City limits
3. The general sitescreening requirements of YMC Ch. 15.07 shall apply.
4. The separation requirements stated in D(1)(a)(1) (a) through (e) and D(1)(a)(2), above,
shall be measured by extending a straight line from the nearest point on the property line of
the parcel containing the proposed adult entertainment use to the nearest point on the
property' line of the parcel containing the other adult entertainment use, school, daycare,
church, public park, or public library.
b. Licensing. In addition to Type (2) or Type (3) review required under C(1), above, all adult
business uses, with the exception of adult commercial establishments, shall be subiect to the
licensing requirements of YMC Chapter 5.30.
c. Hours of operation. Any adult business use, as defined in this Section, shall not conduct or
operate any business or commercial function on or around their premises between the hours of
two a.m. and eight -thirty a.m. of the same day.
d. Signage. Signage of adult business uses, as defined in this Section, shall comply with the
provisions of YMC Ch. 15.08, Signs, together with the following specific conditions:
1. Each adult business use shall be allowed one (1) on- premise sign which shall be limited
to displaying the name of the establishment, the street address, the days and hours of
operation, restrictions on the age of persons that may be admitted to the building and the non-
specific identification of the NATURE of the stock -in -trade or entertainment offered therein
(e.g. "Adult Toys ", "Adult Books"). Nowhere on the signage or on the building visible to outside
passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions
suggestive of sexual acts or actions, or which represent the sexually oriented material and /or
performances of the adult entertainment use.
2. In accordance with § 5.30.040(5), adult entertainment establishments shall
conspicuously post a readable sign at or near each public entrance which clearly states, and is
printed in letters at least one -inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS
REGULATED BY THE CITY OF YAKIMA ". This sign shall not, for purposes of administration
of this Section, limit the allowed use from having one (1) on- premise sign as indicated in §
15.09.200(D)(1)(d). Adult commercial establishments do not need to comply with this
standard.
e. Parking. The parking standards in YMC Ch. 15.06 shall apply to all off -street parking
for uses under this Section.
f. Design Standards. Adult Business Uses shall conform to the following design
standards:
1. Buildings, fences, or other structures which are visible from any public right -of -way shall
be of a neutral coloring and design scheme, similar to surrounding commercial facilities.
2. All windows, entries, and other openings shall be screened and/or covered in such a
way that no business activity associated with adult entertainment uses, other than approved
outside signage, shall otherwise be visible from any public right -of -way or other public space.
E. Prohibited Uses. Adult uses not included in the definition of "adult business uses"
pursuant to YMC 15.09.200(B)(5), are prohibited. Prohibited activities include, but are not
limited to, massage parlors, escort and introductory services, body studios and specified
sexual activities and exhibitions not specifically allowed under the definition of "adult business
uses".
F. Nonconforming Uses.
Any Adult Business Use, Specified Sexual Activity /Exhibition legally in operation on the
effective date of this Section, shall be permitted to continue, provided that all adult business
development standards set forth in this section, with the exception of the separation standards
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• from 15.09.200(D), are complied with. Any Adult Business use pre - existing upon the effective
date of this section meeting all development standards, except said separation standards,
shall not be considered nonconforming and shall be allowed to remain as a legally established
business. Provided, that any application for expansion, addition or relocation, after the
effective date of this section, shall be subject to the review requirements of this section. A
protected use specified in YMC 15.09.200(D)(1)(a)(1)(a) through (e) shall not benefit from the
separation requirements of this Section if the protected use chooses to locate within five
hundred (500) feet of a lawfully located and licensed adult entertainment use after the effective
date of this ordinance. An adult business facility is lawfully located if it has located within the
City in accordance with the requirements of this Section.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 3` day of March, 2009.
ATTEST: David Edler, Mayor
City Clerk
Publication Date:
Effective Date:
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