Business and Development Services. City Council Agenda Item Summary. Zoning Amendment: Tattoo and Body Piercing Studios.

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1 Business and Development Services City Council Agenda Item Summary Zoning Amendment: Tattoo and Body Piercing Studios Staff Contact: Kim Hamel, Director Meeting Date: April 18, 2016 Agenda Item: Zoning Ordinance Text Amendment: Special Exception Standards for regulating Tattoo Studios and /or Body Piercing Studio establishments. Subject: The proposed text amendment establishes new definitions for Tattoo Studio and Body Piercing Studio establishments and also confines the use to the C-2 and S-1, Service District as a Special Exception (Review by the Board of Appeals) with specific development and design standards. Background / Findings: The Business and Development Services Department has seen an increase in the number of inquiries for establishing these types of businesses along the City s two main corridors: North and South Main Street (HWY 276) and East and West Butler Road. Currently, there are three (3) Tattoo Studio establishments in the City: one located on North Main Street in the plaza next to Moonstruck, one on East Butler Road in the BI-LO Shopping Center and one located on Woodruff Road next to Friar s Tavern. As of recent, there have been several inquiries regarding the use vacant and/or for lease spaces on North Main Street as a possible new location for another Tattoo Studio. As the City tries to establish a new downtown district, and promote a well-balanced and diverse business community along our major commercial corridors, the clustering and domination of these business types are likely to have an impact on location decisions by other retail and service establishments interested in investment opportunities in the City. In an effort to prevent the potentially unstainable proliferation of these businesses within the City s central business district, staff has proposed a text amendment that would allow a Tattoo Studio and /or Body Piercing Studio to be located in the C-2 district and S-1, Service District as a Special Exception with additional requirements. The ordinance provides the following: Staff has amended the Council staff report to provide improved clarity of the intended purpose of this ordinance. Changes proposed since the Planning Commission meeting in March are highlighted in red. 1) New definitions for Tattoo Studio and Body Piercing Studio 2) Establishes Separation requirements between Tattoo Studios and /or Body Piercing Studios establishments and also from Residential Districts, Places of Worship and other institutional uses including schools, libraries, public parks, day care centers and/ or community centers. (Proposed amendment, 4/11/16 KH) 3) Establishing Special Exception Standards to regulate the appearance of shops and limit outdoor seating areas. 1

2 4) Establishing Non-conforming and Cessation of Use standards. (Proposed amendment to reflect compliance with the existing language in Section Continuance of Nonconforming Uses of Land and Structures. Financial Impact: None Actions: On March 1, 2016, the Business and Development Services Committee reviewed the proposed ordinance and voted to move the amendment to the Planning Commission for the purposes of conducting a public hearing to receive public input and providing a recommendation to full Council. The Committee emphasized the importance of public input and staff requested that our Chamber of Commerce announce this matter on its e-blast which they have done. In an effort to suspend permitting of these types of uses while the text amendment works through the public hearing process, staff worked with the City attorney, who added additional language to the ordinance that enacted Pending Ordinance Doctrine, upon action by the Committee. Pending Ordinance Doctrine is now in place and will remain in tact until Council takes final action on the proposed amendment. Following the Committee meeting, staff initiated two corrections to the proposed ordinance: 1. Consideration of allowing Tattoo Shops and/or Body Piercing Studios to also be located in the C-2 District by Special Exception. Staff is seeking an opinion from the Planning Commission on this opinion. 2. Revised the rules of separation regarding measurement to match the State statute requirement (Section ). Planning Commission On March 22, 2016 meeting, the Planning Commission voted unanimously to forward a favorable recommendation of approval to Council for consideration. Business and Development Committee On April 4, 2016, staff provided an update to the Business and Development Services Committee on the outcome of the Planning Commission meeting. The Committee expressed lingering concerns regarding the residential spacing requirements, cessation of use standards and other elements of the text amendment. There was no formal action taken on the amendment except a request that City Council hold a Public Hearing on the matter prior to the formal Council meeting scheduled for April 18 th at 7:00pm Following the Committee discussions, staff re-evaluated the proposed ordinance and offers the following suggestions to address the Committee s lingering concerns regarding separation from residential districts and the language proposed for cessation of use. Staff also received comments from one of our local tattoo shop owners who stated that he was in full support of the ordinance with exception to the cessation of use standards regarding transfer of ownership. The owner stated that he felt the 3,000 foot separation between like uses was a benefit to his business. He also said he understands that too many of any on type of one use is not good for his business and the City in general. In addition to addressing the cessation of use language, he also asked that staff consider allowing outdoor seating areas but restricting it the rear of the property. Staff suggested Changes to the original draft amendment: 2

3 1. Eliminate the residential separation requirements, and establish landscape and buffering conditions to address compatibility when adjacent to a residential use (Refer to Section 7:8.2 (g)) 2. Revise outdoor seating area restriction to prevent seating within the front yard. (Refer to Section 7:8.2(b)) 3. Eliminate the cessation of use requirements and allow the use to follow the existing Continuance of Nonconforming Uses of Land and Structures (Section 3:12.3) that allows a vacancy period of ninety (90) calendar days to re-establish the same non-conforming use and obtain a Certificate of Occupancy for the same use. (Exhibit A) Recommendation: Recommend that council approve the proposed text amendment on first reading. Attachments: Ordinance EXHIBIT A: Section Continuance of Nonconforming Uses of Land and Structures 3

4 ORDINANCE AN ORDINANCE TO AMEND THE MAULDIN ZONING ORDINANCE BY ADDING TATTOO AND/OR BODY PIERCING STUDIOS AS A SPECIAL EXCEPTION USE WITH STANDARDS IN THE C-2 (COMMERICAL) AND S-1 (SERVICE) DISTRICTS. WHEREAS, the City desires to establish more specific regulations concerning tattoo and body piercing studio s to better address the general health, safety and welfare of the residents of Mauldin; and WHEREAS, the City has reviewed source materials related to the effects that proliferation and clustering of tattoo and body piercing studio s can have a detrimental impact on local property values and economic development within the City and can have an unreasonable adverse effect on the citizens of Mauldin; and WHEREAS, there exists a high traffic congestion problem along the main corridors of the City primarily zoned C-2 and S-1; and these uses can contribute to the overall traffic generation; and WHEREAS, the City Council resolves to forward the ordinance as written to the Mauldin Planning Commission to be heard on March 22, 2016, for the purposes of conducting a public hearing and making a formal recommendation to City Council on said pending ordinance. WHEREAS, the Community Development Department has reviewed the proposal and is in full support of the request; and WHEREAS, on March 22, 2016, the Mauldin Planning Commission voted unanimously to forward a recommendation of approval (minus the amended text dated 4/11 in red) to City Council for consideration of first reading. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAULDIN, SOUTH CAROLINA: Section 1. Amendment Add the following definitions to Section 3.3 Body Piercing Studio A place where piercing of holes in parts of the body other than the earlobes, is performed. This definition is applicable to a stand-alone business and/or accessory to another primary use. (Amended for 3/22/16 PC Mtg. KH) Tattoo Studio, Facility, Shop Means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted. Section 2. Amendment. Add the following business uses to the C-2 (Commercial) District (Section 5:8.2) and the S-1, Service District (Section 5:9.2) use classification as a Special Exception: Body Piercing Studio Tattoo Studio 4

5 Section 3. Amendment Add a new Section 7:8 to the Special Exception standards. 7:8 Tattoo and/or Body Piercing Studios may be allowed in the C-2 (Commercial) and S-1, Service districts subject to the following requirements: (Amended for 3/22/16 PC Mtg. KH) 1. Separation Requirements. a) The use shall not be located any closer then 3,000 feet from another Tattoo Parlor and/or Body Piercing Studio. The distance shall be measured by the route of ordinary pedestrian or vehicular travel along the public thoroughfare. This standard shall not be eligible for a variance. b) The use shall not be located within 1,500 feet of any residential district as measured by the ordinary pedestrian or vehicular path of travel along the public thoroughfare. This standard shall not be eligible for a variance. (Amended 4/11/16 KH). c) The use shall not be located within 1,000 feet of a place of worship, school, library, Public Park, day care center or community center. The distance shall be route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of grounds in use as part of the place of worship, school, library, Public Park, day care center or community center. This standard shall not be eligible for a variance. 2. General Standards. a) Tattoo establishments shall comply with the adopted South Carolina State Statute regulating Tattooing, Section Body piercing establishments shall comply with the adopted South Carolina State Statute regulating Body Piercing, Section (Amended 4/11/16 KH) b) Outdoor seating is prohibited within the front yard. (Amended 4/11/16, KH) c) Exterior building and sign colors shall be subdued, neutral and of low reflectivity. d) Fluorescent and metallic paints are prohibited. e) Business operating hours for general public walk-in clientele shall be limited to the hours of 8 am to 10 pm. f) Signage, advertising or images depicting specific anatomical parts shall not be placed in the windows or be visible to persons outside the facility. g) Lot lines abutting residentially zoned land shall provide a twenty-foot (20 ) separation buffer that incorporates a solid masonry wall with a minimum height of six feet. A 50/50 mix of Evergreen and Deciduous trees shall be planted along the wall with a maximum on-center spacing of 15 feet. Trees may be placed on either side of the wall. When trees are placed between the wall and lot line, a minimum planting strip of five feet in width shall be maintained between the wall and the lot line. (Added 4/11/16, KH) 5

6 3. Non-conformity and / or Cessation of Use. Shall comply with Section 3:12.3 Continuance of Nonconforming Uses of Land and Structures a) If a Tattoo Parlor and / or Body Piercing establishment ceases in operation at a particular location, a new certificate of occupancy shall not be issued for a new Tattoo Parlor and / or Body Piercing establishment at that location without first complying with the requirements of this Section. (Amended 4/11/16, KH) b) The ability to continue a non-conforming Tattoo Parlor and/or Body Piercing establishment will cease whenever a Certificate of Occupancy for a change of owner, occupant, tenant, or business is required. (Amended 4/11/16, KH) Section 4. Cumulative Clause This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of Mauldin, South Carolina except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Section 5. Severability Clause It is hereby declared to be the intention of the City Council of the City of Mauldin that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. Section 6. Effective Date This ordinance shall be in full force and effect from and after its passage, as provided by the City of Mauldin and the laws of the State of South Carolina. 1 st Reading: 2 nd Reading: ATTEST: Dennis Raines, Mayor Cindy Miller, Municipal Clerk 6

7 APPROVED TO FORM: John Duggan, City Attorney REVIEWED: Raymond C. Eubanks III, City Administrator 7