hopefully help to avoid future problems A proposed definition is included in the Ordinance portion of this

Transcription

1 TAYLORSVILLE CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE October AGENDA ITEM Public Hear inq Ordinance for a proposed text amendment to Sections 13A 08 02and 13A 36 19of the Taylorsville Land Development Code PRESENTER MARK MCGRATH AUTHOR MICHAEL MELDRUM ISSUE SUMMARY The City of Taylorsville placed a six month moratorium on reiki due to concerns raised by the Salt Lake County Health Department and our police department Some of these types of businesses were engaging in business practices that were outside of the law The City of Taylorsville has at least three different businesses that have required police action due to activities taking place on their premises Extra services may be offered at the therapy session and may also involve illegal touching Also at issue is the difference between massage therapy and reiki According to the Utah Department of Professional licensing anyone manipulating soft tissue must be licensed as a massage therapist True reiki does not involve this kind of touching The State Department of Commerce has released a position statement regarding the differences between massage therapy and reiki Please see the attached Position Statement document for additional information The City of Taylorsville needs to create a definition for reiki that will hopefully help to avoid future problems A proposed definition is included in the Ordinance portion of this report PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 51 to recommend that the City Council adopt an ordinance amending Development Code Sections 13A and L3A of the Taylorsville Land STAFF RECOMMENDATION Staff recommends that the City Council adopt Ordinance amending Sections 13A 08 02and 13A 36 Ordinance12 28 Text Amendment October ofthe Taylorsville Land Development Code

2 TAYLORSVILLE UTAH ORDINANCE NO AN ORDINANCE OF THE CITY OF TAYLORSVILLE TO AMEND SECTIONS 13A AND 13A 36 19OF THE TAYLORSVILLE LAND USE CODE The City Council of Taylorsville ordains as follows WHEREAS on September and September the Taylorsville Planning Commission properly noticed and held a public hearing and voted 51 to recommend approval amending the text of Sections 13A 08 Taylorsville Land Development Code and 02 13A 11 OS and 13A 36 19of the WHEREAS on September a notice of public hearing regarding the proposed zoning text amendment was posted on the Utah Public Notice Website and WHEREAS on October anotice of public hearing regarding the proposed zone change was posted in 3 different places within the City of Taylorsville boundaries and WHEREAS the Taylorsville City Council met in a regular session on October to conduct and consider among other things a public hearing regarding the proposed text amendment and WHEREAS after careful consideration and review the City Council has determined that it is in the best interest health safety and welfare of the citizens of Taylorsville to amend Sections 13A 08 02and 13A 36 19of the Taylorsville Land Development Code NOW THEREFORE BE IT ORDAINED by the Taylorsville Utah City Council that this document be adopted to change the text ofthe zoning ordinance

3 r 13A Permitted Land Use Matrix by the Commercial Office Industrial Mixed Use Transit Corridor and Research and Development Districts A Matrix Explanation The matrix below lists all uses permitted within the Commercial Office Industrial Mixed Use Transit Corridor and Research and Development Districts P AC NC S N Permitted Administrative Conditional Nonadministrative Conditional Special Use Permit Not Permitted For those letters which are followed by a slash the second letter shall indicate those location restrictions for uses located within 250 feet of a residential district unless bisected by a principal arterial road as determined by the City Engineer or as identified in the Transportation Element of the City General Plan For those land uses marked with a superscript numberie ACS refer to subsection following for explanation the table B Table of Uses Land Use Category b N L m T N E L y c s of E A C x V i G j n q F L y O E x E s c l S z c o V D Z i o Recycling N N Y N N K 4C NC F V N Commercial Rehabilitation Treatment Facility AC H H N N H N V V N Reiki P P xc NC NC NC N NC NC N Religious orcultural AC AC AC AC AC AC AC AC AC AC Activity Research and Development Facility N N N N N AC AC N N P

4 13A ll OS Home Occupations Home Occupations Not Allowed The following uses are not allowed as home occupations 1 Any use that requires or utilizes chemicals or hazardous materials in excess of volumes allowed by the international the code in aresidential situation 2 Auto body or fender work 3 Auto truck diesel boat trailer or motorcycle repair or services at the residence 4 Furniture or cabinet making 5 unkyazds storage or recycling yards 6 Lawn mower small engine or motor repair or services 7 Major appliance repair washers dryers refrigerators etc 8 Manufacture or sale of firearms ammunition explosives or similar products 9 Medical clinics and laboratories 10 Mortuaries or crematoriums 11 Sexually oriented businesses 12 Short term rental 13 Vehicle sales or rental exceeding two 2 sales per year 14 Vehicle towing operations 15 Welding or ironworks 16 Any other use that would produce traffic light glare noise fumes odor or vibration that will diminish the residential character ofthe neighborhood 17 Reiki type theraov

5 13A R Definitions Rebabilitation TreatmentFacility A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation treatment or counseling services Without limitation such services may include rehabilitation treatment counseling or assessment and evaluation services related to delinquent behavior alcohol drug abuse sex offenders sexual abuse or mental health Associated education services may also be provided to juvenile occupants Arehabilitation does not include a residential facility for persons with a disability treatment facility Reiki Reiki is a form of therapy performed on an individual through the hands of a Reiki practitioner that uses simple no touch techniques It does not include the examination assessment and evaluation of the soft tissue structures ofthe body ReliEious or Cultural Activity A building or buildings owned or maintained by organized religious organizations and nonprofit associations for social civic or philanthropic purposes or the purpose for which persons regularly assemble for worship Uses also included are the public nonprofit display of art historic or cultural artifacts or other inanimate exhibits a building used as a lending library or reading room seminaries associated with schools convents This definition shall not include temporary tents or structures monasteries and

6 PASSED AND APPROVED this day of October 2012 TAYLORSVILLE CITY COUNCIL By erry W Rechtenbach Council Chair VOTING Dama Barbour Yea Nay Ernest Burgess Yea Nay Larry ohnson Yea Nay Kristie Overson Yea Nav erry W Rechtenbach Yea Nay PRESENTED to the Mayor ofthe City of Taylorsville for approval this 2012 day of October APPROVED this day of October 2012 Russ Wall Mayor ATTEST Cheryl Peacock Cottle Recorder DEPOSITED in the Recorder s office this day of October 2012 POSTED this day of October 2012