HomeMy WebLinkAbout8A - Ord Amend Massage Uses
AGENDA #
PREPARED BY:
SUBJECT:
DA TE:
INTRODUCTION:
ANAL YSIS:
SA
R. MICHAEL LEEK, ASSOCIATE PLANNER
CONSIDER APPROVAL OF ORDINANCE 96-13
AMENDING THE CITY CODE AND ZONING
ORDINANCE TO PERMIT CERTIFIED THERAPEUTIC
MASSAGE AS A USE ACCESSORY TO CERTAIN
PRINCIPAL USES.
MAY 20,1996
The purpose of this item is to consider a request by
Jennifer A. Lambert to amend the Zoning Ordinance to
permit certified therapeutic massage as a use accessory to
certain commercial uses. Ms. Lambert wishes to offer
massage services at the same location, and in connection
with Kay Lyn's Coffee and Tanning, which is located in
Priordale Mall in the B3-General Business Zoning District.
The Zoning Ordinance is silent regarding certified
therapeutic massage or massage therapy.
During the past year the Planning Department has
received a number of requests for information about
providing certified massage therapy in the City of Prior
Lake. During 1995 the Planning Commission issued a
home occupation permit for massage therapy. The Zoning
Ordinance is silent with respect to this use.
The City does have an ordinance regulating "Sauna and
Massage Parlors" (Section 3-5 of the City Code). That
ordinance was apparently crafted to regulate concerns
about such parlors which arose during the 1970's, and do
not directly address "certified therapeutic massage."
Section 3-5 is silent as to where in the City massage
services may be offered. It would be appropriate in the
future to amend this section so that the relationship to
use/zoning districts is explicit. Ms. Lambert has also
provided copies of ordinances from the cities of Burnsville,
Eagan and Lakeville governing the provision of therapeutic
16200 ~~~~e. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
1.
ACTION
REQUIRED:
REVIEWED BY:
96029CC.OOCIRML
massage services. The Council may wish to direct that
Section 3-5 be reviewed and amended to more directly
address professional therapeutic massage services
Many of the City's zoning districts permit uses which have
similar, perceptible impacts on traffic and surrounding
property. For example, hospitals and clinics are
conditional uses in the R1, R2 and R3 zoning districts.
Similarly, "Private Club-Health Club" is a conditional use in
the B 1 zoning district, and a permitted use in the B2 and
B3 zoning districts. The licensing process and training
prerequisites can address other concerns which may arise
with respect to each applicant.
For the above-stated reasons, staff has concluded that it
would be appropriate to amend the Zoning Ordinance to
permit certified therapeutic massage as a use accessory to
certain other principal uses.
The Planning Commission held a public hearing on,
reviewed, and recommended adoption of the proposed
amendment at its meeting of May 13, 1996. At the hearing
Penny Borchardt, co-owner of Kay Lyn's, presented a
petition with 404 signatures in support of the proposed
amendment. In response to testimony received, the
Commission further recommended that massage therapy
be expressly permitted in connection with hospitals and
clinics. The draft ordinance attached to this report reflects
the Planning Commission's additional recommendation
and and provides a definition of "massage therapy" or
"therapeutic massage", as well.
2.
3.
Adopt the attached Ordinance as presented or with
additional changes suggested by the City Council.
Continue or table this issue for specific reasons.
Determine that there is no need to amend the Zoning
Ordinance and deny the attached Ordinance.
AdOPtiO~Of atta ordin,fuce 96-13. A 2/3 vote is
requirea ~~:t t e ordin~lce.
Frank Boyles, c~an g
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CITY OF PRIOR LAKE
ORDINANCE NO. 96-13
AN ORDINANCE AMENDING SECTIONS 5-1-7 AND 5-3-3 OF THE CITY
CODE AND SECTIONS 8 AND 3.1 OF THE PRIOR LAKE ZONING
ORDINANCE (83-6).
The City Council of the City of Prior Lake does hereby ordain:
Section 5-1-7 of the City Code and Section 8 of the Prior Lake Zoning Ordinance (83-6)
are hereby amended by adding the following terms and definitions:
MASSAGE THERAPY OR THERAPEUTIC MASSAGE- A scientific health care or
health maintenance technique or procedure carried out by a massage therapist, and
involving the massaging and kneading of human skin, muscles and tissues for the purpose
of easing mental and physical tension, the breaking up of fatty tissues and muscle spasms
and the improvement of circulation through the body.
MASSAGE THERAPIST- A person other than a person licensed as a medical doctor;
chiropractor; osteopath; podiatrist; licensed nurse; physical therapist; athletic director or
trainer; or beautician or barber who confines hislher treatment to the scalp, face and neck;
who for compensation practices and provides therapeutic massage.
Section 5-3-3 of the City Code and Section 3.1 of the Prior Lake Zoning Ordinance (83-
6) are hereby amended as follows:
3.1 PERMITTED USES: The permitted uses for each district are listed below.
Accessory uses and essential services are also permitted. Massage therapy or
Therapeutic Massage is permitted as a use accessory to Retail Business (except
when the retail business is operated in conjunction with a Motor Fuel Station)
and Personal Services businesses in the B 1- Limited Business, B2 - Community
Business and B3 - General Business districts; Private Club-Health Club in the Bl
Limited Business, B2 - Community Business and B3 - General Business Districts;
and Hospitals & Clinics in the Rl - Suburban Residential District, R2 - Urban
Residential District, R3 - Multiple Residential District, and B3 - General
Business District.
This ordinance shall become effective from and after its passage and publication.
0RD9613.DOCIRML
Passed by the City Council of the City of Prior Lake this 20th day of May, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
0RD9613.DOCIRML
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