Subject: Massage use in conjunction with medical service uses
Effective Date: 8/2005
Interpretation:
These Sections define medical service use as "a retail use which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other medical services, and not part of a hospital or medical center, as defined in Section 790.44 and 890.44 of the Planning Code." Acupressure services, provided by an individual who is not licensed by a State-sanctioned Board overseeing the provision of medically oriented services, shall be considered a massage establishment use as defined under Section 790.60 and 890.60 of the Planning Code.
In cases where massage establishment use is provided in conjunction with medical service use, the total floor area and hours of operation of the massage use shall be considered in determining whether the massage use is principal or accessory to the medical service use. In addition to the interpretation of Code Section 204 issued in March 97, which limits the accessory massage use to no more than 300 square feet and no more than two massage therapists where the accessory massage space is accessed only through the space controlled by a medical service or personal service; in South of Market and Chinatown mixed use districts and Neighborhood Commercial zoning districts, the accessory massage use hours shall not exceed 1/3 of the total hours of operation of the business. In all other zoning districts, accessory massage use hours are limited to ¼ of the total hours of operation of the business. An affidavit by the medical service provider is required describing the type of services provided on the premises, the number of employees providing such services, and hours of operation of medical service provider and other employees per week.
For an acupuncture office to be classified as a principal medical service use, which also provides massage as an accessory use, a State licensed acupuncturist must have offices on the premises. In South of Market and Chinatown Mixed Used Districts and Neighborhood Commercial Zoning Districts, the acupuncturist must be present for 2/3 or more of the operating hours of the business. In all other districts, the acupuncturist must be present ¾ or more of the operating hours of the business, consistent with accessory use provisions for the respective districts.