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Therapeutic Massage Code Amendment Report <br />March 7, 2012 <br />Page 2 <br /> <br /> <br />The Planning Commission felt strongly about notifying the neighborhood if someone was <br />going to run a massage therapy business in a residential district. They did not feel that an <br />actual public hearing was necessary, but rather simply mail a notification to property owners <br />within 350 feet. The Commission also discussed allowing a 10-day period to take comments <br />from residents regarding the notification, and if there were any protests to the massage <br />therapy business the City Council would review the proposal. <br /> <br />The Commission did not want to prevent anyone from being able to operate a massage <br />therapy business in their home, no matter what type of housing they lived in, so they chose <br />not to limit the business to certain residential zoning districts. Although, if the applicant does <br />not own the property they where live and intend to operate the business, the Commission <br />recommends that a letter of approval from the property owner must be submitted to the City. <br /> <br />Staff suggests amending Chapter 1106.03 Subd. 3 Home Occupations and adding the two <br />requirements specific for massage therapy by deleting the stricken language and adding the <br />underlined text as follows: <br /> <br />Chapter 1103.03 <br /> <br />Subd. 3. Home Occupations: The regulation of home occupations within residential structures is <br />intended to ensure that the occupational use is clearly accessory or secondary to the principal <br />dwelling use and that compatibility with surrounding residential uses is maintained. No home <br />occupation shall be allowed which: <br /> <br /> a. Involves employees other than persons residing on the premises; <br /> <br /> b. Involves alteration or construction features not customarily found in dwellings; <br /> <br />c. Has an exterior display or sign in excess of one (1) square foot. Such sign, for identification <br />purposes only, shall be located on either the principal structure or garage. Any sign existing prior <br />to December 29, 1972, shall not be enlarged but may be continued at the size and location upon <br />such date, except as hereinafter specified or subsequently amended. Any sign erected after <br />December 29, 1972, but prior to the effective date hereof shall come into compliance herewith by <br />April 1, 1983; <br /> <br /> d. Involves exterior storage of equipment or materials; <br /> <br />e. Generates any on-street parking. All vehicles associated with a home occupation shall be <br />parked off-street and in compliance with the City's parking requirements; <br /> <br />f. Results in violation of the provisions of Chapter 607, Nuisances, of the Municipal Code; and, <br /> <br /> g. Involves activity visible from the public streets. <br /> <br />h. Day Care Center, group nursery or adult day care operating as a secondary of accessory use in <br />a public or semi-public recreational building, neighborhood or community center, public and private <br />educational institution limited to elementary, junior high and senior high schools, and religious <br />institutions, such as churches, chapels, temples and synagogues; subject to the following <br />conditions: