Chapter 17.92


17.92.010    Purpose.

17.92.020    Definitions.

17.92.030    Permitted uses.

17.92.040    Development standards.

17.92.050    Prohibited uses.

17.92.060    Application – Review – Approval – Denial – Appeal.

17.92.070    Severability.

17.92.010 Purpose.

All adult business uses shall comply with the requirements of this chapter. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities. In furtherance of this purpose, this chapter 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 chapter 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 chapter to allow these uses to exist in a dispersed manner within a specific zoning district. The standards established in this chapter 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. (Ord. 2013-14, 2013).

17.92.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A. “Administrative official” means the community development director of the city.

B. “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 theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet. Those establishments having a floor area greater than 600 square feet shall be considered an adult motion picture theater.

C. “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:

1. Adult commercial establishments;

2. Adult motion picture theaters;

3. Adult arcades/viewing booths;

4. Adult cabarets, dance halls and dance studios.

Also refer to specific prohibited uses identified in TMC 17.92.050.

D. “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.

E. “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 40 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 does not account for 40 percent or more of the establishment’s gross public floor area shall adhere to the standards set forth in TMC 17.92.030(B).

F. “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 of any specified anatomical areas or involves any specified sexual activities.

G. “Adult media” means magazines, books, videotapes, movies, slides, CD-ROMs or other services 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.

H. “Adult motion picture theater” means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities.

I. “Body studio” means any premises, other than a licensed massage parlor, tattoo 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.

J. “Church” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall and a one-family dwelling unit.

K. “City” means the city of Toppenish.

L. “Day care facility” means any type of state-licensed group day care programs, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, and play groups for preschool children, taking place on a regular, if not daily, basis, at one time during part of a 24-hour day.

M. “Department” means the community development department of the city.

N. “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 chapter.

O. “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.

P. “Park” means a site designated or developed for recreational use including but not limited to playfield, playground, swimming pool, picnic, and related outdoor activity areas or athletic field which is under the control, operation or management of the city, county, state, or federal government.

Q. “Residential zoning district” means the residential district (R1) and residential district (R2) established in Chapters 17.28 and 17.32 TMC.

R. “School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools.

S. “Sexually oriented media” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

T. “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.

U. “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.

V. “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.

W. “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. (Ord. 2013-14, 2013).

17.92.030 Permitted uses.

Adult business uses shall be permitted subject to the following conditions:

A. Subject to the provisions of this code and compliance with the development standards set forth in TMC 17.92.040, adult business uses shall be considered in and only in the heavy industrial district (M2). Adult business uses are prohibited in all other zoning districts.

B. Commercial uses approved for zoning requirements of Chapters 17.40 and 17.44 TMC 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 40 percent of gross public floor area of the commercial use, shall:

1. Restrict persons under the age of 18 from purchasing and/or renting the adult items; and

2. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of 18, or behind a counter. (Ord. 2013-14, 2013).

17.92.040 Development standards.

The following standards shall apply to proposed adult business uses:

A. Adult business uses shall adhere to the following standards:

1. Separation Standards.

a. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within 800 feet of any of the following preexisting uses or previously established districts:

i. The outside boundary of any parcel that contains a public school, private school or day care facility;

ii. The outside boundary of any parcel that contains a church or other house of worship;

iii. The outside boundary of an existing public park;

iv. The outside boundary of any parcel that contains a public library; and

v. A residential zoning district.

b. The parcel that contains an adult entertainment use shall not be located within 1,500 feet of a parcel supporting a similar adult entertainment use, whether such similar use is located within or outside the city limits.

c. The separation requirements stated in subsections (A)(1)(a)(i) through (v) and (A)(1)(b) 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, public library, or residential zoning district.

2. Licensing. All adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of Chapter 5.60 TMC.

3. Hours of Operation. Any adult business use shall not conduct or operate any business or commercial function on or around their premises between the hours of 2:00 a.m. and 10:00 a.m. of the same day.

4. Signage. Signage of adult business uses shall comply with the provisions of Chapter 15.10 TMC together with the following specific conditions:

a. 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.

b. 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, and reads:






This sign shall not limit the allowed use from having one on-premises sign as indicated in subsection (A)(4)(a) of this section. Adult commercial establishments do not need to comply with this standard.

5. Parking. The standards in Chapter 17.64 TMC shall apply to all off-street parking and loading for uses permitted under this chapter.

6. Design Standards. Adult business uses shall conform to the following design standards:

a. 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.

b. 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. (Ord. 2013-14, 2013).

17.92.050 Prohibited uses.

Adult uses not included in the definition of “adult business uses” 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.” (Ord. 2013-14, 2013).

17.92.060 Application – Review – Approval – Denial – Appeal.

The application, review, approval, denial and appeal procedures set forth below shall be the applicable procedures for adult business uses:

A. Development Permit Application. Applications for permits for adult business uses shall be made in writing to the administrative official on forms supplied by the department. A general site plan as specified by the administrative official shall accompany the application.

B. Review Procedures. The administrative official shall review the applications for compliance with this title. The administrative official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of, this title.

Upon completion of the review process, the administrative official shall notify the applicant of the approval or denial of the application.

C. Approval. The administrative official shall issue a development permit when it has been determined that:

1. The proposed use is a permitted use;

2. The proposed development complies with the standards and provisions of this title;

3. The proposed development complies with other building and development codes in effect and administered by the administrative official;

4. The proposed development complies with traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and

5. Any new improvements or expansions of a structure comply with the standards of this title.

The administrative official may issue a development permit subject to specific conditions in mitigation of environmental impacts and control of hazardous materials, and requiring compliance with development standards.

D. Denial – Conditional Approval. When an application is denied, or when an application is approved with conditions, the administrative official shall state the specific reasons and shall cite the specific chapters and sections of this title upon which denial or conditional approval is based.

E. Appeals. Any decision by the administrative official to deny issuance of a permit for an adult business use, or the imposition of conditions in issuance of a permit for an adult business use, may be appealed to the hearing examiner under the provisions of Chapter 2.50 TMC. (Ord. 2013-14, 2013).

17.92.070 Severability.

Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 2013-14, 2013).