09-27-2006 Council Agenda - Laserfiche WebLink

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Analysis Noupath Massage is requesting a Conditional Use Permit to allow massage therapy as a principal use within the B -3, General Business, District. The proposed business would contain three massage therapy rooms and an office within the Edgewater Town Office Park. Three massage therapists are expected to be employed on the site. The hours of operation are from 9:00 a.m. to 7:00 p.m. Monday through Friday, and Saturday from 10:00 a.m. to 5:00 p.m. The office park contains five separate buildings with 14 total units. The proposed use would occupy the upper level of one unit, with a separate business downstairs. The lower level unit is occupied by Mtech Inc. The office manager of Mtech submitted a letter stating that she is the only employee in the office between the hours of 10:00 a.m. and 3:00 p.m. Monday through Friday. Thus, a low level of foot traffic is expected at this site, and the massage use would not hinder any business operations. License Required. Section 2202.030 of the Little Canada City Code refers to licensing requirements for massage therapy. No person, partnership, or corporation may engage in a business, which has massage therapy as a principal use, without being licensed as provided in this Chapter. The following are licensing requirements for massage therapy as a principal use: 1. The City will issue only one license for massage therapy as a principal use within the City of Little Canada. To date no massage therapy businesses have been licensed within the City. 2. A license for massage therapy as a principal use shall be reviewed annually. No license approved by the City grants the licensee a property right or entitlement to a license. The City Council may refuse to issue, refuse to renew, or may suspend or revoke a license for any reason, and the City will not incur liability for any damages including, but not limited to, direct, consequential, or incidental damages, deprivation of property, loss of income, loss of profits, or loss of livelihood. 3. No person shall provide massage therapy as a principal use without being licensed individually as provided in Section 2202.040 of the Little Canada City Code. All persons licensed for massage therapy as a principal use shall be subject to the provisions of Sections 2202.050. Other General Licensing Requirements for massage therapy uses include the following: • Licenses may be granted only to establishments associated with and operating within the confines of and incidental to a properly zoned beauty parlor. Comment: The subject site is within an office park zoned B -3, General Business. However, massage therapy is allowed by conditional use permit in the B -3 District. 2