6.10. SR 4-15-2002City
MEMORANDUM
Item # 6.10.
TO:
FROM:
Mayor and City C~U~
Michele McPherso~i~Director of Planning
DATE:
April 15, 2002
SUBJECT:
Case No. OA 02-01
Request by the City of Elk River for an Amendment to the
Zoning Code to allow therapeutic massage as a permitted
accessory use in certain districts and to amend the definition of
"personal service establishment".
Request
Consider a request by the City of Elk River to amend the zoning ordinance to allow
therapeutic massage as an accessory use and to amend the definition of personal service
establishment to specifically include therapeutic massage. This request would include adding
therapeutic massage as an accessory use in the Business Park district as professional offices,
including medical offices, are a permitted use in the Business Park district.
Attachments
· Changes to the Zoning Ordinance
· Ordinance No 02-
Overview
Existing Ordinance
Therapeutic massage is currently allowed as a conditional use in the following districts: C1
(Central Business), C2 (Office District), C3 (Highway Commercial) and as a conditional
home occupation in all residential districts. A yearly license is also required (Chapter 704).
Analysis
Because medical clinics, chiropractic clinics and personal service establishments often
include therapeutic massage as a form of treatment or as an accessory service, these
Memo to the Mayor and City CouncillOA 02-0 I
April IS, 2002
Page 2
businesses, which are usually a permitted use, have to go through the conditional use
process. Conditional uses are those that might result in adverse impacts and the conditional
use permit process provides a means by which the City can address those adverse impacts.
Since there are not any adverse impacts associated with therapeutic massage as an accessory
use, it appears that it could be allowed as a permitted accessory use. The business or person
providing the service would still have to apply for a yearly license. Any concerns that the
Council may have could be addressed at that time.
Staff has also considered allowing therapeutic massage as a stand-alone use. A massage
therapy business would have the same type of impacts as a personal service establishment.
Personal service establishments include beauty parlors, tanning salons and any place where,
for a fee, personal services are provided to individuals on the premise. Because therapeutic
massage fits the definition of a personal service establishment, it should be treated as such.
A therapeutic massage business would still be required to apply for a yearly license from the
City Council under Chapter 704 of the City Code.
At the February 26, 2002 meeting, the Commission expressed certain reservations regarding
allowing therapeutic massage as a stand-alone establishment. Staff has revised the definition
of personal service establishment to acknowledge the certification and license requirements
in the ordinance. A copy of Chapter 704 is included to illustrate the requirements of the
profession.
The City has a sexually oriented business ordinance that addresses any "seedy" operations.
Plannin= Commission Action
At its April 9, 2002 Meeting, the Planning Commission voted unanimously to recommend
approval of the amended language to the City Council.
Recommendation
Staff recommends that therapeutic massage be allowed as an accessory use to the following:
· medical clinics
· chiropractic clinics
· personal service establishments
Therapeutic massage would still require a conditional use permit if a person wanted to do it
as a home occupation.
Staff also recommends that the definition of "personal service establishment" be amended
to specifically include therapeutic massage.
Approval of the attached ordinance will accomplish the above.
900.08 -- DEFINITIONS
PERSONAL SERVICE ESTABLISHMENTS: A place where, for a fee, personal
services are provided to individuals on the premises. Such uses
traditionally include beauty parlors, and tanning salons, and other
~ ............. cos. Therapeutic massage establishments when operated
by a certified, licensed (by the City) massage therapist shall be
considered a personal service establishment.
900.12 PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT
11. C-1 - Central Business District
C. Conditional Uses
i. Nonprofit clubs, lodges or halls
ii. Licensed daycare facilities
iii. Institutional uses
iv. Motor vehicle service stations
v. Commercial parking lots and ramps
vi. Multiple family dwellings provided:
a. that business/commercial uses occupy the
ground floor below the residential use
vii. 0n-Sale liquor establishments
viii.Commercial recreational facilities
ix. Convenience store
x. Funeral parlor
xi. Restaurants, (Class II)
xii. Governmental buildings and facilities
xiii.Apartments subordinate to the principal use
xiv. Produce Markets
...... ~ ............ ~ and sauna establishments
12. C-2 - Office District
C. Conditional Uses
Massage Therapy Ordinance Language
April 9, 2002
Page 2
i. Licensed daycare facilities
ii. Institutional uses
iii. Single Family Dwellings
iv. Financial institutions
v. Funeral parlor
vi. Boarding house
vii. Governmental buildings and facilities
....... w ............ ~ and sauna establishments
13. C-3 - Highway Commercial District
C. Conditional Uses
i. Enclosed light manufacturing with related retail
ii. Car, RV and marine sales
iii. Nonprofit clubs, lodges, or halls
iv. Licensed daycare facilities
v. Institutional uses
vi. Equipment rental businesses
vii. Cormmercial recreational facilities
viii.Auto repair shops
ix. Shopping centers
x. On-sale liquor establishments
xi. Governmental buildings and facilities
xii. Veterinary clinics
xiii. Car Washes
xiv. Restaurants (Class II)
xv. Motor vehicle service stations
sales
Massage Therapy Ordinance Language
April 9, 2002
Page 3
xvi. Motor vehicle specialty shops
xvii.Thcrapcutic massage and sauna establishments
xviii. Lumber Yard
xix. Pawnshops (250 foot setback from any residential
zone and 500 foot setback from schools, parks, daycare
centers, churches and other pawnshops, measured from the
property line)
xx. Hotels and motels
xxi. Restaurants (Class I)
xxii. Development of property within fifth (50) feet of
the Wild and Scenic River District
xxiii. Mini-storage, provided:
a. That the use is on unplatted land outside
the urban service district
17.
B-P Business Park District
B. Accessory Uses:
i. Off-street parking lots or facilities
ii. Private recreational facilities
iii. Public shelters and essential services
iv. Retail Sales provided the following
conditions are met:
a. The retail sales activity is not
located in an administrative office facility, but is
located within a business, the principle use of which
is not commercial sales.
b. The retail sales activity shall not
occupy more than fifteen (15%) of the gross floor
area, or a maximum of 5,000 square feet of the
occupied quarters, whichever is less.
c. The retail sales activity is related
and subordinate to the principle use.
Massage Therapy Ordinance Language
April 9, 2002
Page 4
d. No sign identifying or promoting that
retail sales occur within the building shall be
visible from outside the building.
v. Therapeutic massage when offered within the
confines of a medical or chiropractic clinic.
ORDINANCE 02 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 titled, DEFINITIONS, of the City of Elk River Code of
Ordinances shall be amended read as follows:
900.08 - DEFINITIONS
PERSONAL SERVICE ESTABLISHMENTS: A place where, for a fee,
personal services are provided to individuals on the
premises. Such uses traditionally include beauty parlors,
and tanning salons, ~ ~ ......... ~ scrviccs
Therapeutic massage establishments when operated by a
certified, licensed (by the City) massage therapist shall
be considered a personal service establishment.
Section 2. Se~ion 900.12 titled, PERMITTED, ACCESSORY, AND CONDITIONAL USES
BY DISTRICT, of the City of Elk River Code of Ordinances sha]l be amended read as follows:
900.12 PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT
11. C-1
12.
13.
C-2 -
C-3
C.
17. B-P
Bo
- Central Business District
Conditional Uses
xv. Th~ ..... massa§c and sauna
Office District
Conditional Uses
viii. Thcrapcutic and
Highway Commercial
Conditional Uses
xvii.Thcrapcutic massagc and
Business Park District
massagc
District
Accessor~ Uses:
sauna
establishments
sauna establishments
establishments
s:\planning\case fileskoa 02-01 massage therapykordinance amendment ce.doc
v. Therapeutic massage when offered within the
confines of a medical or chiropractic clinic.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 15~h day of
April, 2002.
Attest:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
S:XPLANNINGXCase FilesXOA 02-01 Massage TherapyXOrdinance Amendment CC.doc