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File #: Ordinance 14-2015    Name:
Type: Ordinance Status: Second Reading
File created: 1/27/2015 In control: City Council
On agenda: 2/17/2015 Final action:
Title: Ordinance on second reading amending title 10 of the Littleton City Code to allow tattoo parlors and body art studios in the Community Business District (B-2), General Business District (B-3) and Central Area Multiple Use District (CA), subject to conditional use approval.
Attachments: 1. Ordinance No 14-2015, 2. PB Resolution 2015-06 Tattoo, 3. Tattoo OL results, 4. 8c Public Hearing Roster.pdf
Agenda Date: 02/17/2015
 
Subject:
Title
Ordinance on second reading amending title 10 of the Littleton City Code to allow tattoo parlors and body art studios in the Community Business District (B-2), General Business District (B-3) and Central Area Multiple Use District (CA), subject to conditional use approval.
Body
 
Presented By:
Glen Van Nimwegen, AICP, Director of Community Development
 
POLICY QUESTION:
Does city council support expanding the zoning districts that allow tattoo parlors and body art studios to the CA, B-2 and B-3 districts with conditional approval?
 
BACKGROUND:
The zoning code only allows tattoo parlors and body art studios in the I-1 and I-2 industrial zoning districts. There have been requests to allow these uses in retail areas, including downtown.
 
Staff has researched the requirements and regulations imposed by  other communities on these uses.  The question was posted to allow tattoo parlors and body art studios in retail areas of Littleton on the Open Littleton online forum.  In addition, staff discussed the proposal with the downtown merchants association, whose members indicated support.
 
Staff discussed the proposed ordinance with the planning board on November 10, 2014.  On December 8, 2014 the board tabled this item to January 26, 2015 so staff could provide additional information on signage, state requirements and typical use conditions.  On January 26, 2015 the board recommended approval of the proposed ordinance 7-0, with additional language added referring to the sign code regarding allowed signage in the business and industrial districts.  This language has been incorporated into the draft before the city council.
 
STAFF ANALYSIS:
Of the communities researched, only Littleton and Englewood restricted the use to industrial districts.  Three cities that allow tattoo parlors in their commercial districts require conditional use approval by their planning boards as part of final approval.  In addition, three communities put a spacing standard in place that requires tattoo parlors to be up to 1000 feet from each other (see Figure 1).
 
Twenty four responses were garnered from the Open Littleton online forum, which asked the question:  Should tattoo and body art studios be allowed to operate in the downtown or other retail centers around the city?
 
 
Attached to this staff report are the written results of the survey.  The comments ranged from allowing the free market to determine their acceptability, to controlling the look of the store fronts and limiting the parlors per block.  There were no reasons given for the "no" votes.
 
City
Population
Districts Allowed
Conditional Use?
Spacing or Special Restrictions
Centennial, CO
100,377
Commercial and Light Industrial
No
Defined as a "personal service."
Denver, CO
600,158
Commercial
No
No more than two within 1,000 feet of each other.  Also must be at least 1,000 feet from adult uses.
Englewood, CO
30,255
Industrial
No
 
Littleton, CO
41,737
Industrial
No
 
Peoria, AZ
154,065
Commercial and Light Industrial
Yes
Must be 1,000 feet from like uses as well as liquor stores, adult uses and massage.
Westminster, CO
106,114
Commercial and Light Industrial
Yes
Application requires a map of other like facilities within 1,000 ft.
Wheat Ridge, CO
30,166
Commercial and Light Industrial
Yes
 
 
                                    Figure 1.
 
Staff is recommending a blend of requirements: allow tattoo parlors and body art studios in the B-2, B-3 and CA districts, subject to planning board approval of a conditional use, and never within 1,000 feet of another tattoo parlor or body art studio.  
 
FISCAL IMPACTS:
The city does not charge sales tax on services.  However, there could be sales tax generated by the sale of products at the store.
 
STAFF RECOMMENDATION:
Staff recommends approving the ordinance on second reading.
 
PROPOSED MOTION:
Proposed Motion
I move to approve on second reading the ordinance amending title 10 of the city code to allow tattoo parlors and body art studios in the B-2, B-3 and CA districts subject to conditional use approval.