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HomeMy WebLinkAboutAmending Chapter 21 - By the inclusion of Zoning Regulations addressing tattoo, body piercing , scarifying and branding establishmentsORDINANCE No. 893°98 Passed by the Common Council of the Ciry of South Bend, Indiana August 24, 19 98 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 26, airy Clerk President of Common Council 19 98 Ciry Clerk Approved and signed by me August 28, I9 98 Mayor 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 Zoning Ordinance Addressing Zoning Regulations for Tattoo, Body Piercing Establishments Substitute Bill No. 46-98 Page 2 i n II, Chapter 21, Article 1, Section 21-18 "C" Commercial District; Uses Permitted of the Municipal Code of the City of South Bend, is hereby amended in part by the inclusion of the following (g) Tattoo. bodv piercing shying: and branding establishments are Rrohibited in certain areas: Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Council 1st READING ~`~.(p-~/ JS PUBLIC HEARING 8~a2L~q 9 p 3rd READING $`~~G/, NOT APPROVED ~~ ~ y~ filed i~ Cier~~°s Ofifiic~ LORETTA J. DUDA CITY CLERY., 30.8EI~D, IAl. (Dl The Le a~ 1 Department of the City shall institute injunction, abatement or an o her appropriate le awl proceeding to prevent, enjoin, abate or remove such violation(sl. COMMITTEE REPORT TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 46-98 A BILL OF THE COMMON COUNCIL 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 Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. John Broden Chairman Sean Coleman President Charlotte Pfeifer Vice-President John Broden Chairperson, Committee of the Whole James Aranowski First District Charlotte Pfeifer Second District Roland Kelly Third District John Broden Fourth District David Varner Fifth District Andrew Ujdak Sixth District Sean Coleman At Large John Hosinski At Large Rod Sniadecki At Large Kathleen Cekanski-Farrand Council Attorney City of South Bend Common Council County-City Building .South Bend, Indiana 46601 May 20, 1998 (219)235-9321 Fax (219)235-9173 TDD (219) 235-5567 Members of the Common Council 4th Floor County-City Building South Bend, Indiana 46601 Vie: Ordinance Addressing Zoning.,~gulations for Tattoo & Bodv Piercing Establishements Dear Council Members: The attached ordinance would create zoning regulations for establishments who desire to operate as a tattoo, body piercing, scarifying and branding establishment. This Bill would identify such establishments as "controlled uses" and therefore be subject to all applicable zoning regulations such as no more than two (2) controlled uses within a one thousand foot (1,000') area. This Bill would additionally create regulations for such establishments in § 21-18 addressing the uses permitted within "C" Commercial Districts. It would create footage requirements similar to those created for gun and gunsmith shops. A companion licensing Bill will be introduced in the next several weeks to create licensing regulations which will focus and specific health and safety regulations for all tattoo, body piercing, scarifying and branding establishments. It is my intention that both of these Bills would be acted upon at the same Council meeting for public hearings. Therefore the zoning ordinance is being introduced first since it is required to go before the Area Plan Commission for review, public hearing and recommendation. I have sent to each of you material on the tattoo and body piercing industry. I have gathered together much additional information which I look forward to discussing with you. I am introducing this Bill on behalf of the entire Common Council to comply with the applicable zoning requirements of Title 36 of the Indiana Code for submission of a zoning ordinance. Critical analysis of all relevant data in this area is needed so that learned legislative decisions can be made. I look forward to discussing this zoning proposal with you and seek your support. Thank you. Sincerely, ~• David Varner Fifth District Council Member `~ ~ - ~ Area Plan Commission of St. Joseph Co.Wnty._~ 1140 County-City Building //~~ ' L ~ 227 West Jefferson Blvd. ~~~ LL ~~U. ~ b ~ ~ ~ _ South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 July 22, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 °I~O~ IBS Cieri~~~ ~~il0~` ,1 U L 2 2 ~9~~ LOIi~7T'A J. DUaA CITY CLEAt:, So. E3F.td0, lga. RE: A proposed ordinance initiated by the Common Council of the City of South Bend 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, as amended - APC #1852-98 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on June 4, 1998. The Area Plan Commission at its public hearing on July 21, 1998, took the following action: Upon a motion by Lee Slavinskas, being seconded by Joseph Serge and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend 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, as amended, is sent to the Common Council with a favorable recommendation The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sin re y, Robert W. Sante RWS:sr Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ,~ '• STAFF REPORT July 13, 1998 Common Council of the Ci v of South Bend 1852-98 Location: City of South Bend REQUESTED ACTION; This is a Common Council initiated petition to amend the zoning ordinance to define and regulate tattoo, body piercing, and scarifying establishments as controlled uses. The proposed Ordinance defines these establishments, as well as establishes locational criteria. PRELIMINARY STAFF RECOMMENDATION• Based on information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation.