File #: 22-3042    Version: 1 Name:
Type: Conference Session Item Status: Agenda Ready
File created: 3/29/2022 In control: Town Council Work Session
On agenda: 4/18/2022 Final action:
Title: Discuss Making Massage Therapy a Conditional Use Instead of a By-Right Use
Attachments: 1. 1. ARTICLE 11. C1 LOCAL COMMERCIAL ZONE REGULATIONS, 2. 2. Chapter 22 MASSAGE SALONS HEALTH CLUBS ETC., 3. Fairfax County Ordinance, 4. Prince William County Ordinance
Subject:
Title
Discuss Making Massage Therapy a Conditional Use Instead of a By-Right Use
Body
BACKGROUND SUMMARY:
Massage therapy is a permitted use in the Town's commercial and transitional zoning districts. It is a conditional use in the single-family detached residential districts. The use was changed from conditional to by-right in February 2000 in the commercial zoning districts and was changed from conditional to by-right in the Transitional zoning district in 2012. Town Staff has identified approximately 20 licensed businesses in the Town that offer massage therapy services. Chapter 18 defines a massage therapist as the following:

Massage therapist means one who practices massage therapy and complies with the application, investigation and training requirements of sections 22-5, 22-6, and 22-7, and the sanitation, hygiene and environment requirements applicable to health clubs as set forth in sections 22-10, 22-11, and 22-12; except such operation commenced in a residential zone shall not be required to comply with section 22-12.

Massage therapy, aside from being regulated by the zoning ordinance, is also regulated under Chapter 22 of the Town Code. Chapter 22 regulates the permit and license requirements and procedures for obtaining and renewing a massage therapy license.

Councilmember Brill would like to discuss the possibility of amending the Town's zoning ordinance to require a conditional use permit for the massage therapy use, which would require review by the Planning Commission and approval by the Board of Zoning Appeals.

OVERVIEW:
An amendment to the zoning ordinance requires referral to the Planning Commission. The Planning Commission must hold an advertised public hearing and make a recommended. After the Planning Commission makes a recommendation, the Town Council must hold an advertised public hearing and advertise the intent to adopt the ordinance.

SUMMARY/STAFF IMPRESSIONS:
It is at the discretion of the Town Council to amend the ...

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