(a) 
Purpose. The purpose of this chapter is to specifically require Conditional Use Permits for the operation of Massage Therapy Establishments and confers deemed approved status for such Massage Therapy Establishments that constitute legal nonconforming uses. Enforcement of these provisions shall be subject to the provisions of Chapter 1.12 of the Municipal Code.
(b) 
Definitions. The meaning and construction of the words and phrases set forth below shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction, and support the definitions found in Chapter 5.22 of the Municipal Code:
(1) 
"Deemed Approved Activity."
Any legal nonconforming massage therapy establishment. Such activity shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in this chapter.
(2) 
"Deemed Approved Status."
The permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status with respect to a massage therapy establishment and remains in effect as long as the activity complies with the deemed approved provisions and performance standards.
(3) 
"Illegal Activity."
An activity which has been determined to be in noncompliance with the provisions found in Chapter 5.22 of the Municipal Code. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
(4) 
"Permit."
A Conditional Use Permit issued pursuant to this chapter.
(Ord. 465 § 10, 2025)
(a) 
Conditional use permit requirement. The general purpose of these regulations is to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a discretionary land use approval before any new massage therapy establishment is permitted. This chapter alone does not allow or permit any massage therapy establishment, but only applies to these activities where they are otherwise allowed or permitted within an applicable land use or zoning district. Individual on-call massage therapists are not subject to this requirement. Businesses are also required to have a City-issued business license.
(b) 
Conditions of establishments. All establishments shall, at a minimum, comply with the provisions listed in Chapter 5.22 of the Municipal Code. Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.
(Ord. 465 § 10, 2025; Ord. 469 § 4, 2025)
(a) 
The deemed approved massage therapy establishment regulations shall apply to all massage therapy establishment that are subject to a Conditional Use Permit requirement pursuant to this chapter and that have been legally established and operating, without a Conditional Use Permit, within the City as of the effective date hereof. Each deemed approved activity shall retain its deemed approved status if it complies with the underlying Conditions of Approval for their Massage Therapy Establishment permit under Chapter 5.22 of the Municipal Code. The occurrence of any of the following shall terminate the deemed approved status of the massage therapy establishment and require the issuance of a Conditional Use Permit to continue the massage therapy establishment:
(1) 
There is a substantial modification to the mode or character of operation.
(2) 
As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, the following:
(A) 
The massage therapy establishment increases the floor area dedicated to massage activities, including the addition of beds, rooms, or additional massage therapists during a single shift.
(B) 
The massage therapy establishment extends the hours of operation.
(C) 
The massage therapy establishment voluntarily discontinues active operation for more than ninety (90) consecutive days or ceases to be licensed by the ABC.
(3) 
A substantial change in the mode of character of operation shall not include:
(A) 
Reestablishment, restoration or repair of an existing massage therapy establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the reestablishment, restoration or repair does not increase the operation of the massage therapy establishment as it was prior to such event.
(B) 
Temporary closure for not more than ninety (90) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the operation of any establishment as it was prior to such event.
(b) 
Notification of deemed approved establishments. The City shall notify the owner of each deemed approved activity, and, if not the same, any property owner at the address shown on the property tax assessment records of the activity's deemed approved status. The notice shall be sent by U.S. first class mail and certified mail return receipt requested. This notice shall also restate that the activity is required to comply with all its conditions of approval and all other aspects of the deemed approved regulations. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity.
(c) 
Enforcement of violations. Deemed approved establishments shall be subject to the same procedures as those identified under Section 88.01905(b) of this Chapter.
(Ord. 465 § 10, 2025)