Amending Chapter 21 - By the inclusion of Zoning Regulations addressing tattoo, body piercing , scarifying and branding establishments

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SUBSTITUTE BILL N0.46-98 ORDINANCE NO. 8 93a - ~~ AN ORDINANCE OF THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF ZONING REGULATIONS ADDRESSING TATTOO. BODY PIERCING. SCARIFYING AND BRANDING ESTABLISHMENTS . ~tact~m~ttt of ~ur~os~~ ~tt~ ~lri~et~t The City of South Bend, Indiana has the authority to pass and enforce reasonable zoning regulations pursuant to Indiana Code 36-7-4-201 which encourages cities to improve the "health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities". The City has determined that reasonable zoning regulations are needed in order to address the growing number of tattoo, body piercing, scarifying and branding establishments attempting to do business within our city. This ordinance would establish such establishments as controlled uses and would subject them to all of the zoning regulations such as § 21-18 which limits the number of controlled uses to two (2) within one thousand (1,000) feet of any property lines. Such zoning regulations are determined to be in the best interests of the citizens of South Bend. ~iobo, ~~~r~£or~, b~ it or~a~itt~b bti ~~ ~ommotti ~out~oiY o~ ~~ ~it~ of ~OUt.~j ~ld~tt~, ~ltt~i~(tt8f, as follows: tion I. Chapter 21, Article 1, Section 21-1 Definitions of the Municipal Code of the City of South Bend, is hereby amended in part by the inclusion of the following definitions: (a) (31) Controlled Use means those usages of property which are recognized as having serious objectionable characteristics, particularly when several of them are concentrated, thereby having a deleterious effect upon the adjacent areas; and shall include the following: a. Adult businesses; b. Amusement arcades; c. Class A cabaret; d. Establishment for the sale of beer or intoxicating liquor for consumption on the premises, except a family restaurant; e. Pawnshop; f. Pool or billiard hall; g. Public dance hall; h. Off-track parrmutuel wagering facility; i. Casinos, approved hotels, and all other areas where gambling games are conducted.; and j. Tattoo, body piercing, scarifying and branding establishments. procedure, including_figurativetattooipg, permanent coloring scan , ina and branding and where piercing of the human body by creating a permanent hole takes place. Ear