Notwithstanding any other provision of this chapter, a cosmetic spa that does not comply with all of the provisions of section 10-3-1620.1, shall be permitted subject to the following conditions:
A. Conditional Use Permit: A conditional use permit, pursuant to the provisions of article 38 of this chapter, shall be obtained prior to the establishment of such facilities, or the issuance of building permits therefor.
B. Standards: All cosmetic spas must comply with the following standards:
1. Use Of Front Portion For Retail Space: A cosmetic spa located on the ground floor facing a street must:
a. Maintain a retail business facing the street occupying a minimum of one hundred (100) square feet or one percent (1%) of the ground floor area, whichever is greater; and
b. Not provide treatment services within the first ten feet (10') behind the storefront facing the street; and
c. Maintain operating hours on Saturdays, consistent with other commercial businesses in the vicinity.
2. Design Standards: Display windows for ground-level business shall be maintained in a transparent manner to the greatest extent possible. Obscure glazing, such as tinting and mirroring, as well as interior walls against storefronts, are to be avoided whenever possible. However, decorative glass etching, and merchandise display windows are encouraged. Window coverings are not permitted on the ground floor during business hours.
3. Parking: Parking shall be provided pursuant to the requirements for "commercial uses not otherwise specified in this section" in section 10-3-2730 of this chapter; or other reasonable alternatives that satisfy the transportation and parking needs of the proposed use provided by article 27 of this chapter.
4. Medical Office Prohibited: No portion of a cosmetic spa shall be used as a medical office, as that term is defined in this chapter.
5. Regulations: When cosmetic spa facilities are developed as permitted by this section, the regulations of this section govern. This section does not regulate medical uses authorized to operate pursuant to section 10-3-1620.1 of this article or article 18.5 of this chapter.
6. Compliance With Zone: The cosmetic spa complies with the restrictions of the zone or underlying zone.
7. Anesthesia: A cosmetic spa may use local anesthetic in connection with its services but shall not offer services which require any other form of regional, or general anesthesia.
8. Services: A cosmetic spa may include services provided by a duly licensed medical professional but shall not offer services that are eligible for coverage by medical insurance.
C. Findings: In addition to the criteria set forth in article 38 of this chapter, the following criteria shall be considered by the Planning Commission when reviewing conditional use permit applications for cosmetic spa uses:
1. The proposed use meets all development standards of the zone, including providing adequate parking consistent with required spaces for commercial uses pursuant to section 10-3-2730 of this chapter; or other reasonable alternatives that satisfy the transportation and parking needs of the proposed use provided by article 27 of this chapter.
2. The proposed use and design of any ground floor street frontage will contribute to and enhance the retail atmosphere of the surrounding area and will not undermine efforts to foster a pedestrian-friendly environment in the vicinity.
3. The proposed use is compatible with and will not result in substantial adverse impacts to surrounding uses.
4. The proposed use fosters an appropriate mix of uses that promotes a balance of services, amenities and uses that meet a range of neighborhood, Citywide and regional needs. (Ord. 19-O-2786, 8-16-2019; amd. Ord. 22-O-2864, eff. 10-21-2022)