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(a) Definition. Massage Establishments are defined by Section 29.5 of the Health Code. For purposes of the Planning Code only, "Massage Establishment" shall include both a "Massage Establishment" and a "Sole Practitioner Massage Establishment," as these terms are defined in Section 29.5 of the Health Code. Any Massage Establishment shall have first obtained a permit from the Department of Public Health pursuant to Section 29.25 of the Health Code, or a letter from the Director of the Department of Public Health certifying that the establishment is exempt from such a permit under Section 29.25.
(b) Controls. Massage Establishments shall be subject to Conditional Use authorization. Certain exceptions to the Conditional Use for accessory use massage are described in subsection (c) below. When considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the additional criteria described in Section 303(n).
(c) Exceptions. Certain exceptions would allow a massage use to be "permitted" without a Conditional Use authorization including:
(1) Certain Accessory Use Massage and provided that the massage use is accessory to a principal use; the massage use is accessed by the principal use; and the principal use is:
(A) a dwelling unit and the massage use conforms to the requirements of Section 204.1, for accessory uses for dwelling units in R or NC districts; or
(B) a tourist hotel as defined in Section 790.46 of this Code, that contains 100 or more rooms,
(C) a large institution as defined in Section 790.50 of this Code; or
(D) a hospital or medical center, as defined in Section 790.44 of this Code.
(2) Chair Massage. The only massage service provided is chair massage, such service is visible to the public, and customers are fully-clothed at all times.
(3) Sole Practitioner Massage Establishments, as defined in Section 29.5 of the Health Code.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 289-06, File No. 050176, App. 11/20/2006; Ord. 139-09, File No. 090402, App. 7/2/2009; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 235-14 , File No. 140844, App. 11/26/2014, Eff. 12/26/2014; Ord. 73-15, File No. 141303, App. 5/28/2015, Eff. 6/27/2015)