8 PCSR 11-23-1993 rk_r —\l
ITEM 8
1ity of TO: PLANNING COMMISSION
jlk/ River FROM: STEVEN B. ACH, CITY PLANNE11,44
DATE: NOVEMBER 23, 1993
SUBJECT: CODE AMENDMENT REQUEST BY THE
CITY OF ELK RIVER/PUBLIC HEARING,
CASE NO. OA 93-08
REQUESTED ACTION
Consider an amendment to the City Code allowing therapeutic
massage and sauna establishments as conditional uses in
commercial districts and as a home occupation in accordance
with the standards set forth in Section 900 .25 .
PREVIOUS ACTION BY PLANNING COMMISSION
The Planning Commission tabled this item until the November 23,
1993, meeting allowing time to review additional information
pertaining to therapeutic massage. In addition, the Commission
indicated concern with therapeutic massage being permitted as a
home occupation. Staff has revised the proposed ordinance to
require all therapeutic massage home occupations obtain a
• conditional use permit.
BACKGROUND
Staff has received approximately 1-2 calls per month from
people inquiring about permits and license for a therapeutic
massage business . To accommodate these requests, the City
Council recently approved a massage ordinance establishing
licensing requirements to ensure safe and responsible business
operation.
As a follow-up to this Council action, zoning ordinance needs
to be amended specifying therapeutic massage and sauna
establishments as allowable uses in the commercial zoning
districts . In addition, the home occupation section needs to
be amended removing "massage" as a prohibited use as a home
occupation.
ANALYSIS
The profession of therapeutic massage has become popular over
the past years . Previously, therapeutic massage was lumped
together with adult oriented businesses, however, these uses
have taken separate courses and are regulated on their own
merits by most communities .
• Staff is recommending the ordinance be amended to allow
therapeutic massage and saunas as a conditional use in all
commercial districts . By requiring a conditional use permit,
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Ordinance Amendment, OA 93-08 Page 2
November 23, 1993
• the Planning Commission and City Council will be given the
opportunity to review each applicant' s request and, as a
courtesy, inform the surrounding neighbors of the business .
Secondly, the home occupation section needs to be amended to
allow therapeutic massage as a home occupation. The business
of therapeutic massage in this instance, is proposed to be
authorized by a conditional use permit. Therapeutic massage
businesses that operate as home occupations will still need to
obtain a license from the City Council .
Lastly, the definition section will need to be modified by
including certain key words that will assist in administering
interpretation of the zoning ordinance as it relates to
therapeutic massage businesses . These definitions were created
by the City Attorney' s research of other communities and legal
implications .
STAFF RECOMMENDATION
Staff recommends approval of the code amendment as drafted to
amend various sections of the City Ordinance to allow the use
of therapeutic massage and sauna establishments as conditional
uses in all the commercial districts, removing "massage" as a
prohibited use as a home occupation, including therapeutic
• massage home occupation as a conditional use, and including
certain key words in the definition section of the City
ordinance.
•
ORDINANCE 93 -
• CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900. 08, 900 . 12 , 900 . 25
OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO MAKE
THERAPEUTIC MASSAGE AND SAUNA ESTABLISHMENTS A CONDITIONAL
USE IN CERTAIN COMMERCIAL ZONING DISTRICTS AND DELETE
"MASSAGE" AS PROHIBITED IN HOME OCCUPATIONS
The City Council of the City of Elk River does hereby
ordain as follows :
Section 1 : Section 900 . 08 of the Elk River Code of
Ordinances is hereby amended to add the following definitions
which shall read as follows :
THERAPEUTIC MASSAGE. The practice of rubbing, stroking,
kneading, tamping, or rolling of the body with the hands
or any instrument, for the exclusive purpose of
relaxation, physical fitness, or beautification, and for
no other purpose, by a person not licensed as a medical
doctor, chiropractor, osetopath, podiatrist, nurse, or
physical therapist, or an assistant who works solely under
the direction of any of the above-described professionals,
or beautician and barber who confine their treatments to
• the scalp, face, and neck.
THERAPEUTIC MASSAGE ESTABLISHMENT. An establishment in
the business of providing Therapeutic Massage services
either to the public or as a private club.
MASSAGE THERAPIST. A person who practices or performs
Therapeutic Massage on a person for compensation and meets
the licensing requirements set forth in subsection 704 . 20
of this section.
ON-SITE CHAIR MASSAGE. A Massage performed by a
licensed Massage Therapist at any location other than a
Therapeutic Massage establishment. On-site Chair Massage
shall be confined to massage for relaxation purposes only
of the face, neck, and shoulders area of a person fully
clothed and not lasting more than 15 minutes .
SAUNA. The terms "sauna, " "steam bath, " or
"heat-bathing room" mean a room used for the purpose of
bathing, reducing, or relaxing utilizing steam or hot air
as a cleansing, reducing, or relaxing agent. For purposes
of this ordinance, the term "sauna" does not apply to a
sauna or steam room located within a hotel, motel, health
club, or athletic facility.
111
Section 2 : Section 900 . 12 of the Elk River Code of
411 Ordinances is hereby amended to add the following new
subsections, which make Therapeutic Massage and Sauna a
conditional use in certain commercial zones :
900 . 12 ( 10) (c) (xii) - Therapeutic Massage and Sauna Establishment
900 . 12 ( 11) (c) (xiv) -Therapeutic Massage and Sauna Establishment
900 . 12 ( 12 ) (c) (xxv) -Therapeutic Massage and Sauna Establishment
Section 3 : Section 900 . 25 of the Elk River Code of
Ordinances is hereby amended as follows :
( 1) Section 900 . 25 (2 ) (e) "massage" is deleted.
Section 4 : Section 900 .25 of the Elk River Code of
Ordinance is hereby amended as follows :
( 1) Section 900 . 25 (4) (a) Therapeutic Massage and Sauna
Establishments operated as home occupations shall be required
to obtain a conditional use permit.
Passed and adopted by the Elk River City Council this 20th day
of December, 1993 .
Henry A. Duitsman, Mayor
ATTEST:
Sandra Thackeray, City Clerk