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The permitted gross lot area for new construction or expansion of existing development. "Lot" is defined in Section 102.12.
(Added by Ord. 131-87, App. 4/24/87)
(Added by Ord. 131-87, App. 4/24/87; repealed by Ord. 20-15, File No. 110548, App. 2/20/2015, Eff. 3/22/2015)
(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 a "Massage Establishment" but not 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.
(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; Ord. 233-21, File No. 210381, App. 12/22/2021, Eff. 1/22/2022; Ord. 37-22, File No. 211263, App. 3/14/2022, Eff. 4/14/2022)
AMENDMENT HISTORY
Section amended in its entirety; Ord. 56-13
, Eff. 4/27/2013. Reference amended in division (b); Ord. 235-14
, Eff. 12/26/2014. Divisions (a), (b), and (c)(1)-(c)(1)(D) amended; former divisions (c)(3) and (d) deleted; new division (c)(3) added; Ord. 73-15, Eff. 6/27/2015. Division (a) amended; division (c)(3) deleted; Ord. 233-21, Eff. 1/22/2022 and Ord. 37-22, Eff. 4/14/2022.
A retail use which provides funeral services, funeral preparation, or burial arrangements, including retail establishments that predominantly sell or offer for sale caskets, tombstones, or other funerary goods.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 112-98, App. 4/2/98)
A retail use other than an adult theater, regulated as adult entertainment, defined in Section 890.36 of this Code, which displays motion pictures, slides, or closed-circuit television pictures.
(Added by Ord. 131-87, App. 4/24/87)
A neighborhood-serving business cannot be defined by the type of use, but rather by the characteristics of its customers, types of merchandise or service, its size, trade area, and the number of similar establishments in other neighborhoods. The primary clientele of a "neighborhood-serving business," by definition, is comprised of customers who live and/or work nearby.
While a neighborhood-serving business may derive revenue from customers outside the immediately surrounding neighborhood, it is not dependent on out-of-neighborhood clientele.
A neighborhood-serving use provides goods and/or services which are needed by residents and workers in the immediate neighborhood to satisfy basic personal and household needs on a frequent and recurring basis, and which if not available require trips outside of the neighborhood.
A use may be more or less neighborhood-serving depending upon its trade area. Uses which, due to the nature of their products and services, tend to be more neighborhood-serving, are those which sell convenience items such as groceries, personal toiletries, magazines, and personal services such as cleaners, laundromats, and film processing. Uses which tend to be less neighborhood-oriented are those which sell more specialized, more expensive, less frequently purchased comparison goods such as automobiles and furniture.
For many uses (such as stores selling apparel, household goods, and variety merchandise), whether a business is neighborhood-serving depends on the size of the establishment: The larger the use, the larger the trade area, hence the less neighborhood-oriented.
Whether a business is neighborhood-serving or not also depends in part on the number and availability of other similar establishments in other neighborhoods: the more widespread the use, the more likely that it is neighborhood-oriented.
(Added by Ord. 131-87, App. 4/24/87)
(a) “Office use” shall mean space within a structure or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide for their own benefit, or provide to others at that location services including, but not limited to, the following: Professional; banking; insurance; management; consulting; technical; sales; and design; and the non-accessory office functions of manufacturing and warehousing businesses; multimedia, software development, web design, electronic commerce, and information technology; all uses encompassed within the definition of “administrative services” in Section 890.106 of this Code; and all “professional services” as proscribed in Section 890.108 of this Code excepting only those uses which are limited to the Chinatown Mixed Use District.
(b) “Office use” shall exclude: retail uses; repair; any business characterized by the physical transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; and design showrooms or any other space intended and primarily suitable for display of goods.
(Added by Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; amended by Ord. 70-23, File No. 220340, App. 5/3/2023, Eff. 6/3/2023)
AMENDMENT HISTORY
Division (a) amended; Ord. 70-23, Eff. 6/3/2023.
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