HomeMy WebLinkAboutZOA-06-03CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Goxex
Council Bill No. 20-2006
Ordinance No. ,,,n
Series of 2006
TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-
613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
WHEREAS, the City of Wheat Ridge, acting through its City Council,
has authority pursuant to Article XX of the Colorado Constitution, C.R.S.
31-23-101 at sew( , and the City's Home Rule Charter to regulate the use of
land; and
WHEREAS, such authority extends to the regulation of uses in the
various zoning districts of the City; and
WHEREAS, the Council has amended Chapter 11, Article X of the
City's Code of Laws governing the practice of massage therapy; and
WHEREAS, it is necessary to amend the City's zoning regulations to
permit the practice of massage therapy in zone districts of the City under
the restrictions of Chapter 11, Article X
Section 1. Code Section 26.204 amended.
Section 26-204 of the Code of Laws is amended by the addition of the following
new line items in the Table of Uses for Commercial and Industrial Districts
Table of Uses -Commercial and Industrial Districts
Uses
Notes
NC
RC
C-1
C-2
I
Massage therapist
See Chapter 11, Article 10 Code
p
P
P
P
P
of Laws for additional restrictions
Massage therapy center
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Section 2. Code Section 26-613 amended.
Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended
by re-numbering subparagraph "I' as "m" and by inserting new subparagraph "l," to read
as follows
Massage therapist, restricted to one practitioner, subject to
the restrictions of Chapterl 1, Article X of the Code of Laws
Section 3. Severability' Conflicting Ordinances Repeated. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
0 on this 24th day of July , 2006, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for August 28 , 2006, at 7:00
o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0 , this 28th day of August , 2006
SIGNED by the Mayor on this 29th day of August 1 2006
J ryO,' ul o, Mayor
ATTEST:
Pam Anderson, City Clerk
Approved As To Form
C u
Gerald E. Dahl, City Attorney
First Publication. July 27, 2006
Second Publication. August 31, 2006
Wheat Ridge Transcript
Effective Date, September 15, 2006
CITY COUNCIL MINUTES: August 28, 2006 Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. COUNCIL BILL 19-2006 - AN ORDINANCE AMENDING SECTION 26-
623 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
EXCAVATION AND DEPOSIT CONTROL.
Mayor DiTullio opened the public hearing
Council Bill 19-2006 was introduced on second reading by Mr Gokey. City Clerk
Pamela Anderson read the executive summary and assigned Ordinance No 1369.
City Council questions and discussion followed.
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 19-2006 (Ordinance No 1369) on second
reading and that it take effect 15 days after final publication; seconded by Mr Womble,
carried 7-0
Item 3. COUNCIL BILL 20-2006 - AN ORDINANCE AMENDING SECTIONS 26-
204 AND 26-613 OF THE CODE OF LAWS TO INCLUDE MASSAGE
THERAPY
Mayor DiTullio opened the public hearing
Council Bill 20-2006 was introduced on second reading by Mr Gokey. City Clerk
Pamela Anderson read the executive summary and assigned Ordinance No 1370.
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 20-2006 (Ordinance No. 1370) on second
d(\ reading and that it take effect 15 days after final publication, seconded by Mrs Sang;
j carried 7-0
ORDINANCES ON FIRST READING
Item 4. Rocky Mountain Bottling
a RESOLUTION 40-2006 -FINDING A PETITION FOR ANNEXATION
OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO
BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1),
COLORADO REVISED STATUTES AND SETTING A HEARING
DATE TO CONSIDER THE ANNEXATION.
Resolution 40-2006 was introduced by Mr Schulz and he read the executive summary.
ITEM NO:
OF WHEgT
~ a
m REQUEST FOR CITY COUNCIL ACTION
~~I ORADO
COUNCIL MEETING DATE: August 28, 2006
TITLE: COUNCIL BILL 20-2006, AN ORDINANCE AMENDING
SECTIONS 26-204 AND 26-613 OF THE WHEAT RIDGE CODE OF
LAWS TO INCLUDE MASSAGE THERAPY (CASE NO. ZOA 06-
03)
® PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (Date: July 24, 2006)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
yi~_ &L
Community Development Director City Manager
EXECUTIVE SUMMARY:
City Council has recently adopted licensing requirements for massage therapy practices and
centers. In Chapter 26 (Zoning and Development Code) massage therapy is not listed in the table
of uses for commercial zone districts. The use has been interpreted to be similar (in impact,
character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements
should be accompanied by inclusion of the use in Chapter 26 to eliminate any confusion about the
use being allowed or not.
The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy
centers in the use chart as permitted uses in all commercial and industrial zone districts, and 2) include
massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional
requirements.
Planning Commission recommended approval of the proposed ordinance.
This item helps implement the City's goal of preparing for growth and opportunities by clearly
defining development standards which includes uses allowed in a particular zone district.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard this item on July 20, 2006 and recommended approval.
STATEMENT OF THE ISSUES:
The massage therapy profession has emerged as a valid form of alternative health care promoted
by traditional medical providers. Massage therapy professionals are recognized as caregivers who
contribute to the health and well-being of individuals. Massage therapy is recognized as a
legitimate business with formal education and professional organizations similar to those for other
professions. This use needs to be included in the list of uses in the commercial zone districts to
eliminate confusion of whether it is allowed or not.
As a use in a commercial zone district or as a home occupation, the licensing requirements
recently adopted by Council will apply and the use chart directs readers to Article X of Chapter 11
for those additional requirements.
ALTERNATIVES CONSIDERED:
1. Do not allow the use in all commercial and industrial zone districts.
2. Allow as a special use in certain zone districts.
3. Do not allow as a home occupation.
Massage therapy centers are appropriate uses in all commercial and industrial zone districts. Massage
therapy is an appropriate home occupation when limited to one practitioner. Making the uses a special
use would be burdensome and would serve no purpose which the newly adopted licensing
requirements do not serve.
FINANCIAL IMPACT:
There is no financial impact to the City by adopting this ordinance.
RECOMMENDED MOTION:
" I move to approve Council Bill 20-2006 on second reading and that it take effect 15 days after
final publication."
Report Prepared by: Alan White, Community Development Director
Attachments:
1. Planning Commission Memorandum
2. Council Bill 20-2006
City of Wheat Ridge DE WHEgT p
Community Development Department
Memorandum c~~ORA00
TO: Planning Commission
FROM: Alan White, Community Development Director
SUBJECT: Case NO. ZOA 06-03
DATE: July 12, 2006
This Case is ❑ Quasi-Judicial 21 Legislative
The City's current code concerning massage parlors and massage therapy practice is based on State
statute which was written when massage was a novelty often associated with prostitution. The
massage therapy profession has since emerged as a valid form of alternative health care promoted by
traditional medical providers. Massage therapy professionals are recognized as caregivers who
contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate
business with formal education and professional organizations similar to those for other professions.
Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of
the Code of Laws.
In Chapter 26 massage therapy is not listed in the table of uses for commercial zone districts. The
use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic
services." Adoption of new licensing requirements should be accompanied by inclusion in Chapter
26 to eliminate any confusion about the use being allowed or not.
The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy
centers in the use chart for commercial zone districts, and 2) include massage therapy as a permitted
home occupation. Both changes refer to Chapter 11 for additional requirements.
SUGGESTEED MOTION:
"I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage
therapy."
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 20-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613
OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101
et sue., and the City's Home Rule Charter to regulate the use of land; and
WHEREAS, such authority extends to the regulation of uses in the various
zoning districts of the City; and
WHEREAS, the Council has amended Chapter 11, Article X of the City's
Code of Laws governing the practice of massage therapy; and
WHEREAS, it is necessary to amend the City's zoning regulations to
permit the practice of massage therapy in zone districts of the City under the
restrictions of Chapter 11, Article X.
Section 1. Code Section 26-204 amended.
Section 26-204 of the Code of Laws is amended by the addition of the following
new line items in the Table of Uses for Commercial and Industrial Districts:
Table of Uses -Commercial and Industrial Districts
Uses
Notes
NC
RC
C-1
C-2
1
Massage therapist
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Massage therapy center
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Section 2. Code Section 26-613 amended.
Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended
by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read
as follows:
ATTACHMENT 2
Section 3. Severability' Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0
on this 24th day of July_, 2006, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for , 2006, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
vote of to , this day of 2006.
SIGNED by the Mayor on this day of 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
aF w„EqT ITEM NO:
Pc
REQUEST FOR CITY COUNCIL ACTION
CO~ORA00
O
COUNCIL MEETING DATE: July 24, 2006
TITLE: COUNCIL BILL 20-20069
AN ORDINANCE AMENDING
SECTIONS 26-204 AND 26-613 OF THE WHEAT RIDGE CODE OF
LAWS TO INCLUDE MASSAGE THERAPY (CASE NO. ZOA 06-
03)
❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: July 24, 2006)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development Director
EXECUTIVE SUMMARY:
City Manager
City Council has recently adopted licensing requirements for massage therapy practices and
centers. In Chapter 26 (Zoning and Development Code) massage therapy is not listed in the table
of uses for commercial zone districts. The use has been interpreted to be similar (in impact,
character, etc.) to "hair, nail, and cosmetic services." Adoption of new licensing requirements
should be accompanied by inclusion of the use in Chapter 26 to eliminate any confusion about the
use being allowed or not.
The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy
centers in the use chart as permitted uses in all commercial and industrial zone districts, and 2) include
massage therapy as a permitted home occupation. Both changes refer to Chapter 11 for additional
requirements.
This item helps implement the City's goal of preparing for growth and opportunities by clearly
defining development standards which includes uses allowed in a particular zone district.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission will be hearing this item on July 20, 2006.
STATEMENT OF THE ISSUES:
The massage therapy profession has emerged as a valid form of alternative health care promoted
by traditional medical providers. Massage therapy professionals are recognized as caregivers who
contribute to the health and well-being of individuals. Massage therapy is recognized as a
legitimate business with formal education and professional organizations similar to those for other
professions. This use needs to be included in the list of uses in the commercial zone districts to
eliminate confusion of whether it is allowed or not.
As a use in a commercial zone district or as a home occupation, the licensing requirements
recently adopted by Council will apply and the use chart directs readers to Article X of Chapter 11
for those additional requirements.
ALTERNATIVES CONSIDERED:
1. Do not allow the use in all commercial and industrial zone districts.
2. Allow as a special use in certain zone districts.
3. Do not allow as a home occupation.
Massage therapy centers are appropriate uses in all commercial and industrial zone districts. Massage
therapy is an appropriate home occupation when limited to one practitioner. Making the uses a special
use would be burdensome and would serve no purpose which the newly adopted licensing
requirements do not serve.
FINANCIAL IMPACT:
There is no financial impact to the City by adopting this ordinance.
"I move to approve Council Bill 20-2006 on first reading, order it published, public hearing set for
Monday, August 28, 2006 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days
after final publication."
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachments:
1. Planning Commission Memorandum
2. Council Bill 20-2006
City of Wheat Ridge of WHEgTP
Community Development Department m
Memorandum c~~ORA~~
TO: Planning Commission
FROM: Alan White, Community Development Director
SUBJECT: Case NO. ZOA 06-03
DATE: July 12, 2006
This Case is ❑ Quasi-Judicial Q Legislative
The City's current code concerning massage parlors and massage therapy practice is based on State
statute which was written when massage was a novelty often associated with prostitution. The
massage therapy profession has since emerged as a valid form of alternative health care promoted by
traditional medical providers. Massage therapy professionals are recognized as caregivers who
contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate
business with formal education and professional organizations similar to those for other professions.
Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of
the Code of Laws.
In Chapter 26 massage therapy is not listed in the table of uses for commercial zone districts. The
use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic
services." Adoption of new licensing requirements should be accompanied by inclusion in Chapter
26 to eliminate any confusion about the use being allowed or not.
The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy
centers in the use chart for commercial zone districts, and 2) include massage therapy as a permitted
home occupation. Both changes refer to Chapter 11 for additional requirements.
SUGGESTEED MOTION:
"I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage
therapy."
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 20-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE AMENDING SECTIONS 26-204 AND 26-613
OF THE CODE OF LAWS TO INCLUDE MASSAGE THERAPY
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101
et seg., and the City's Home Rule Charter to regulate the use of land; and
WHEREAS, such authority extends to the regulation of uses in the various
zoning districts of the City; and
WHEREAS, the Council has amended Chapter 11, Article X of the City's
Code of Laws governing the practice of massage therapy; and
WHEREAS, it is necessary to amend the City's zoning regulations to
permit the practice of massage therapy in zone districts of the City under the
restrictions of Chapter 11, Article X.
Section 1. Code Section 26-204 amended.
Section 26-204 of the Code of Laws is amended by the addition of the following
new line items in the Table of Uses for Commercial and Industrial Districts:
Table of Uses -Commercial and Industrial Districts
Uses
Notes
NC
RC
C-1
C-2
I
Massage therapist
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Massage therapy center
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Section 2. Code Section 26-613 amended.
Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended
by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read
as follows:
ATTACHMENT 2
Massage therapist, restricted to one practitioner, subject to
the restrictions of Chapterl 1, Article X of the Code of Laws.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2006, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for , 2006, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 12006.
SIGNED by the Mayor on this day of 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
M URRAv
DAHL
KUEGH EN MEISTER
RENAUG LLP
2 2401 15th Street Suite 200 Denver, Colorado S0202 Phone 303.493-6670 Fax 303,4-7,0965
MEMORANDUM
TO: Carmen Beery
FROM: Gerald Dahl
DATE: May 15, 2006
RE: Massage Ordinance: Inserts
Add the following to the title: "...AND, IN CONNECTION THEREWITH, AMENDING
SECTION 26-204 (ZONE DISTRICT USE SCHEDULE) ACCORDINGLY"
Section . Code Section 26-204 Amended.
Section 26-204 of the Code of Laws is amended by the following new line item
The Table of Uses for Commercial and Industrial Districts:
Table of Uses -Commercial and Industrial Districts
Uses
Notes
NC
RC
C-1
C-2
I
Massage therapist
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Massage therapy center
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Section Code S
JThe ble of Use
addi 'on of lin item for
denti ) at Code Sec 'on 26-2 4 is amended by e
e ther gist, to real as follows:
TahIP f I Icac-RPCiciPntial
Uses
N
/
R-1
R-1A
R 18
R-1C
R-2
R-2
R-3
RSA
M ssage
2 s a home occupation pursu nt to the
teitft
t
ed
T erapist
t
j
ro at Section 26-613 only. Se Chapt 11,
dividu
of this Code for additional restr ions
v v v -
Section . Code Section 26-613 Amended to Permit massage therapist as
home occupation.
Subsection 26-613.A.11 is hereby amended by re-numbering subparagraph " I" as
"m" and by inserting new subparagraph "I," to read as follows:
Massage therapist, restricted to one practitioner, subject to the restrictions of
Chapter 11, Article 10 of the Code of Laws.
2. All technical requirements and corrections to the plat document
be made prior to City Council.
The motion carried 8-0.
C. Case No. ZOA-06-02: An ordinance amending Chapter 26 of the
Wheat Ridge Code of Laws concerning Excavation and Deposit
Control.
This case was presented by Alan White. He entered all pertinent documents
into the record and advised the Commission there was jurisdiction to hear the
case. Staff recommended approval of the ordinance for reasons outlined in
the staff report. The proposed ordinance would eliminate an inconsistency in
the Code by deleting references to Planning Commission and City Council
hearings regarding requirements for obtaining special use approval for
excavation and deposition of fill material. The proposed ordinance refers to
Section 26-114 for the requirements for a special use.
There were no members of the public present to address this case.
It was moved by Commissioner STEWART and seconded by
Commissioner McMILLIN to recommend approval of Case No. ZOA-06-
02, an ordinance amending Chapter 26-623 of the Wheat Ridge Code of
Laws concerning Excavation and Deposit Control.
The motion carried 8-0.
D. Case No. ZOA-06-03: An ordinance amending Chapter 26 of the
sY Wheat Ridge Code of Laws pertaining to Massage Therapy.
This case was presented by Alan White. He entered all pertinent documents
into the record and advised the Commission there was jurisdiction to hear the
case. Staff recommended approval of the ordinance for reasons outlined in
the staff report.
The proposed changes would list massage therapy and massage therapy
centers in the use chart for commercial zone districts and would include
massage therapy as a permitted home occupation.
There were no members of the public present to address this case.
It was moved by Commissioner McMILLIN and seconded by
Commissioner CHILVERS to approve Case No. ZOA-06-03, an
ordinance amending Sections 26-204 and 26-613 of the Wheat Ridge
Code of Laws to include massage therapy.
Planning Commission
July 20, 2006 -4-
8.
9.
10.
11.
12.
The motion carried 8-0.
OLD BUSINESS
There was no old business to come before the Commission.
NEW BUSINESS
There was no new business to come before the Commission.
COMMISSION REPORTS
There were no Commission reports.
COMMITTEE AND DEPARTMENT REPORTS
There were no committee and department reports.
ADJOURNMENT
It was moved by Commissioner PLUMMER and seconded by Commissioner
STEWART to adjourn the meeting at 7:48 p.m.
Scott Wesley, Chair
Ann Lazzeri, Secretary
Planning Commission
July 20, 2006 -5 -
City of Wheat Ridge of ""EqT P
Community Development Department
Memorandum ~o~oRao~
TO: Planning Commission
FROM: Alan White, Community Development Director nl~i I
SUBJECT: Case NO. ZOA 06-03 ~~JJ
DATE: April 28, 2005
This Case is ❑ Quasi-Judicial
Q Legislative
The City's current code concerning massage parlors and massage therapy practice is based on State
statute which was written when massage was a novelty often associated with prostitution. The
massage therapy profession has since emerged as a valid form of alternative health care promoted by
traditional medical providers. Massage therapy professionals are recognized as caregivers who
contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate
,kxsiHess with formal education and professional organizations similar to those for other professions.
=upu,
Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of
the Code of Laws. CeAJUS DVt
In Chapter 26 massage therapy not listed in the table of uses for commercial zone districts. The
use has been interpreted to be similar (in impact, character, etc.) to "hair, nail, and cosmetic
services." Adoption of new licensing requirements should be accompanied by inclusion din Chapter
26 to eliminate any confusion about the use being allowed or not. r lL u~~
The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy
centers in the use chartcommercial zone districts, and 2) includ4massage therapy as a permitted
home occupation. Both hanges refer to Chapter 11 for... additional requirements. OhL
SUGGESTEEDMOTION: 05 IJl r*daAcr
"I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage
therapy."
City of Wheat Ridge oF WHEqr
Community Development Department ` °
U m
Memorandum ~~<oRpo~
TO: Planning Commission
FROM: Alan White, Community Development Director
SUBJECT: Case NO. ZOA 06-03
DATE: July 12, 2006
This Case is ❑ Quasi-7udicial El Legislative
The City's current code concerning massage parlors and massage therapy practice is based on State
statute which was written when massage was a novelty often associated with prostitution. The
massage therapy profession has since emerged as a valid form of alternative health care promoted by
traditional medical providers. Massage therapy professionals are recognized as caregivers who
contribute to the health and well-being of individuals. Massage therapy is recognized as a legitimate
business with formal education and professional organizations similaz to those for other professions.
Licensing requirements have been adopted recently by Council in a new Article X of Chapter 11 of
the Code of Laws.
In Chapter 26 massage therapy is not listed in the table of uses for commercial zone districts. The
use has been interpreted to be similar (in impact, chazacter, etc.) to "hair, nail, and cosmetic
services." Adoption of new licensing requirements should be accompanied by inclusion in Chapter
26 to eliminate any confusion about the use being allowed or not.
The proposed changes to Chapter 26 do two things: 1) list massage therapy and massage therapy
centers in the use chart for commercial zone districts, and 2) include massage therapy as a permitted
home occupation. Both changes refer to Chapter 11 for additional requirements.
SUGGESTEED MOTION:
"I move to recommend approval of Case No. ZOA 06-03 concerning the practice of massage
therapy."
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE CONCERNING THE PRACTICE OF
MASSAGE THERAPY, AND IN CONNECTION THEREWITH,
AMENDING SECTIONS 26-204 AND 26-213 OF THE CODE
OF LAWS
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101
et seg., and the City's Home Rule Charter to regulate the use of land; and
WHEREAS, such authority extends to the regulation of uses in the various
zoning districts of the City; and
WHEREAS, the Council has amended Chapter 11, Article X of the City's
Code of Laws governing the practice of massage therapy; and
WHEREAS, it is necessary to amend the City's zoning regulations to
permit the practice of massage therapy in zone districts of the City under the
restrictions of Chapter 11, Article X.
Section 1. Code Section 26-204 amended.
Section 26-204 of the Code of Laws is amended by the addition of the following
new line items in the Table of Uses for Commercial and Industrial Districts:
Table of Uses -Commercial and Industrial Districts
Uses
Notes
NC
RC
C-1
C-2
I
Massage therapist
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Massage therapy center
See Chapter 11, Article 10 Code
P
P
P
P
P
of Laws for additional restrictions
Section 2. Code Section 26-613 amended.
Subsection 26-613.A.11 of the Code of Laws Section 26-613 is hereby amended
by re-numbering subparagraph "I" as "m" and by inserting new subparagraph "I," to read
as follows:
Massage therapist, restricted to one practitioner, subject to
the restrictions of Chapter11, Article X of the Code of Laws.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2006, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for , 2006, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
vote of to , this day of 2006.
SIGNED by the Mayor on this day of 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on July 20, 2006, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. The following cases shall be heard:
Case No. ZOA-06-02: An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws concerning Excavation and Deposit Control.
Case No. ZOA-06-03: An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws pertaining to Massage Therapy.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To Be Published: Wheat Ridge Transcript
Date: July 13, 2006
Case No.: OA0603
Quarter Section Map No.:
App: Last Name: Citywide
Related Cases:
App: First Name:
Case History:
mend code pertaining to
Owner: Last Name:
Massage Therapy...
I
Owner: First Name:
App Address: r-
Review Body:
PC: 7120/06
City, State Zip:
App: Phone:
APN:
Owner Address:
- 2nd Review Body:
C
City/State/Zip:
2nd Review Date:
Owner Phone: ~
- Decision-making Body:
CC
Project Address:
Approval/Denial Date:
I
Street Name:
City/State, Zip:
Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
District: I
Project Planner: kite
File Location: ctive
Date Received: 6/9/2006
Notes:
-Up:
Follow
Pre-App Date:
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