Chapter 15.09 SPECIAL DEVELOPMENT STANDARDS

Chapter 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.

15.09.045 Accessory dwelling units.

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.

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 accommodations 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 Chapter 15.30)	Yakima Air Terminal at McAllister Field; other public airport with defined airspace per FAR Part 77
Institutional Overlay (see YMC Chapter 15.31)	Large-scale institutional facilities with special locational needs
Master Planned Development Overlay (see YMC Chapter 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 development, or modification thereto, is proposed within the boundaries of an overlay. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

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 Chapter 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 3, 2001: Ord. 98-59 § 3, 1998; Ord. 3106 § 19, 1988: Ord. 2947 § 1 (part), 1986).

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 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

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 the ordinance codified in this section 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 Tables 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 eighteen inches. 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

15.09.045 Accessory dwelling units.

A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions are to:

1. Provide homeowners with an opportunity for extra income, companionship, and security;

2. Better utilize existing infrastructure and community resources (sewer, water, roads, etc.);

3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles;

4. Add to the supply of affordable dwelling units; and

5. Protect neighborhood character and stability by ensuring that ADUs are compatible with surrounding land uses.

B. Requirements. An accessory dwelling unit is a permitted Class (3) use, secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions:

1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage.

2. The front entrance to the ADU shall not be visible from a right-of-way or access easement.

3. Paved off-street parking shall be provided as required in YMC Chapter 15.06 for both the ADU and the primary residence, separately, located on the lot they are intended to serve.

4. The ADU’s floor area shall be comprised of not more than fifty percent of the floor area of the primary dwelling unit or eight hundred square feet, whichever is less. For example, a primary detached dwelling unit two thousand eight hundred square feet in size would be limited to eight hundred square feet. A primary structure one thousand square feet in size would be limited to five hundred square feet.

5. The ADU’s exterior walls shall be designed so as to be similar in style, color, and building materials to the primary detached dwelling.

6. The ADU shall have the same building setbacks as the primary structure.

7. A parcel/lot shall contain no more than one single-family residence and one ADU.

8. ADUs shall not be allowed on parcels containing a duplex or multifamily dwelling, or a commercial or industrial structure/use.

9. ADUs shall only be permitted on parcels/lots one-quarter acre in size or larger.

10. The primary residence and the ADU shall both be connected to public sewer and water.

a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection.

b. If the ADU is attached to, or located above, a detached garage, each unit shall have its own sewer and water connection, with required meters.

11. A lot containing an ADU shall not be subdivided, or otherwise segregated in ownership, in a way that separates the ADU and the primary dwelling unit on different lots.

12. A home occupation may be allowed, subject to YMC 15.04.120, in either the ADU or the primary unit, but not both.

13. The site plan for the construction or conversion of an ADU shall indicate the ADU.

14. Any exterior stairs shall be placed in the rear or side yard.

15. A deed restriction, signed by the property owner and the city, shall be recorded with the Yakima County auditor’s office providing notice to potential buyers of the ADU restrictions.

C. Enforcement. The city retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section.

D. Elimination. The city retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under subsection B of this section are violated. In the event the city withdraws occupancy, the property owner may:

1. If attached, merge the existing ADU to the single-family dwelling; or

2. If detached, use the building for storage only or remove the structure from the premises. (Ord. 2010-16 § 13 (part), 2010).

15.09.050 Performance standards—Emissions.

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 detectable 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

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 set back at least fifty 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.09.070).

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.

D. Minimum Setback.

1. No portion of any structure used to house a domesticated farm animal shall be located within one hundred feet of any residence other than a dwelling on the same lot; and

2. No portion of any structure used to house a domestic farm animal shall be located within ten feet of a residence where the residence and domestic farm animal structure are located upon the same lot/tax parcel.

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 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. (Ord. 2011-52 § 8, 2011: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 43, 1993; Ord. 3106 § 21, 1988. Formerly 15.09.090).

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 nonilluminated 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 44, 1993. Formerly 15.09.100).

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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2002-53 § 4, 2002. Formerly 15.09.190).

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 Chapter 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 Chapter 15.09 and shall be specified in a homeowner’s association, development agreement or other maintenance plan.

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 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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008).

15.09.110 Reasonable accommodations process.

A. Purpose. This chapter has been enacted to authorize the director of community and 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 and 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 disabled’s full enjoyment of a residence.

2. The city’s duty to accommodate is an affirmative one, and the director of community and economic development is thereby authorized to provide accommodations in a thoughtful and proactive manner.

3. The following review may, at the director of community and economic development’s discretion, include citizen input into the administrative process. The director of community and 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 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 and economic development may direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of 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.

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. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008).

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. For the purpose of this section, the following words and phrases shall have the following meanings:

1. “Adult arcade/viewing 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 six hundred square feet. Those greater than six hundred square feet shall be considered an adult motion picture theatre.

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 subsection E of this section.

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 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 or more of the establishment’s gross public floor area shall adhere to the standards set forth in subsection (C)(2) of this section.

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. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media, and undeveloped pictures.

13. Park. See definition in YMC 15.02.020.

14. “Residential zoning district” means the suburban residential (SR); single-family residential (R-1); two-family residential (R-2); and multifamily residential (R-3) zoning districts as defined in YMC Chapter 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 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 Chapters 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 of gross public floor area of the commercial use shall:

a. Restrict persons under the age of eighteen 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, 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 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

e. A residential zoning district.

2. The parcel that contains an adult entertainment use shall not be located within one thousand five hundred 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 Chapter 15.07 shall apply.

4. The separation requirements stated in subsections (D)(1)(a)(1)(a) through (e) and (D)(1)(a)(2) of this section 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, day care, church, public park, or public library.

b. Licensing. In addition to Type (2) or Type (3) review required under subsection (C)(1) of this section, all adult business uses, with the exception of adult commercial establishments, shall be subject 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 Chapter 15.08, Signs, together with the following specific conditions:

1. Each adult business use shall be allowed one on-premises 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 nonspecific 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 YMC 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 on-premises sign as indicated in subsection (D)(1)(d) of this section. Adult commercial establishments do not need to comply with this standard.

e. Parking. The parking standards in YMC Chapter 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 subsection (B)(5) of this section 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 or specified sexual activity/exhibition legally in operation on the effective date of the ordinance codified in 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 from subsection D of this section, are complied with. Any adult business use pre-existing upon the effective date of the ordinance codified in 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. The existing business which operates twenty-four hours per day shall be allowed to continue; provided, that any application for expansion, addition or relocation, after the effective date of the ordinance codified in this section, shall be subject to the review requirements of this section. A protected use specified in subsection (D)(1)(a)(1)(a) through (e) of this section shall not benefit from the separation requirements of this section if the protected use chooses to locate within five hundred feet of a lawfully located and licensed adult business use after the effective date of the ordinance codified in this section. An adult business facility is lawfully located if it has located within the city in accordance with the requirements of this section. (Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009).