Ordinance Targets Tattoo Parlors
July 28, 2016 at 4:25 p.m.
The Warsaw Plan Commission, acting on a request from downtown merchants and residents, has recommended a change to the city's zoning ordinance.
If approved by the city council, the change will prohibit tattoo and body-piercing parlors, as well as sexually-oriented businesses, in the central business district.
According to Jeff Noffsinger, Warsaw city planner, the change would allow such establishments in C-2, C-3 and C-5 commercial districts, and I-2 and I-3 industrial districts.
"The change would also prohibit such businesses within 400 feet of residential uses, even if those residences are within a commercial or industrial district, and prohibit sexually-oriented businesses from within 500 feet," Noffsinger said.
Jerry Opperud, 116 S. Buffalo St., representing other downtown residents and merchants, said the central business district has made strides in becoming an area conducive to both commercial and residential uses, and that tattoo or sexually-oriented business will degrade the quality of the business environment in the central business district.
"I live in the C-4, central business district, and there are numerous buildings with apartment dwellings on the second floor," he said. "The downtown district is moving in a positive direction right now and I want to see that continue.
"I think it would be degrading to see those types of business down there," Opperud added.
The recommendation to change the city's zoning ordinance was unanimously approved. The City Council will consider the recommendation at its Aug. 18 meeting.
In other business, the commission denied rezoning 8.56 acres along Patterson Road, near the Patterson-Husky Trail intersection with U.S. 30.
Attorney Steven Snyder, representing Bill Bibler and property owner Dewey Patterson, said the adjacent 20-plus acres is currently zoned commercial and adding the additional 8.5 acres would make the entire parcel more marketable.
"What the proposal here is, is to determine what is the highest and best use for the 8.5 acres adjacent to the C-3 commercial parcel," Snyder said.
Patterson said he has made numerous attempts to develop the small parcel as residential, but has been unable to find a developer willing to use the land for that purpose. As a result, he wanted it included with the larger commercial acreage to allow the entire package to be successfully marketed.
"We've had that property available for residential development for years and I've been told by residential developers that it isn't possible to develop it that way," he said. "The main issue for me is to get it zoned so it can move. Developing it commercially is the only viable option."
Patterson's request, however, was met with vocal opposition from homeowners along Patterson Road and in Patterson Estates subdivision.
Citing an unacceptable increase in traffic in the area if the larger parcel would be developed commercially, Jerri Furry, 2614 Patterson Road, said the homeowners deserve as much consideration as Patterson.
"I don't think it's right to add more frustration and traffic congestion to the homeowners in the area who have worked hard on keeping their homes nice," she said.
Bill Hartman, 627 Normandy Lane, said he disagrees with the assessment that the parcel is unmarketable for residential development and urged the commission to keep that zoning classification in place.
"This is a nice area. It's even been host to the Parade of Homes, so I can't believe that it can't be developed as a residential property," he said.
Commissioner Jerry Patterson (no relation to the petitioner) suggested the petitioner return with the rezoning request once a commercial developer has been decided upon and a site plan is ready for review.
"We lose a good deal of control by approving the rezoning without knowing what the site plan entails," he said.
The commission denied the rezoning on a vote of 4-2, with commission president Joe Thallamer and commissioner Mac Silveus voting against the denial. [[In-content Ad]]
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The Warsaw Plan Commission, acting on a request from downtown merchants and residents, has recommended a change to the city's zoning ordinance.
If approved by the city council, the change will prohibit tattoo and body-piercing parlors, as well as sexually-oriented businesses, in the central business district.
According to Jeff Noffsinger, Warsaw city planner, the change would allow such establishments in C-2, C-3 and C-5 commercial districts, and I-2 and I-3 industrial districts.
"The change would also prohibit such businesses within 400 feet of residential uses, even if those residences are within a commercial or industrial district, and prohibit sexually-oriented businesses from within 500 feet," Noffsinger said.
Jerry Opperud, 116 S. Buffalo St., representing other downtown residents and merchants, said the central business district has made strides in becoming an area conducive to both commercial and residential uses, and that tattoo or sexually-oriented business will degrade the quality of the business environment in the central business district.
"I live in the C-4, central business district, and there are numerous buildings with apartment dwellings on the second floor," he said. "The downtown district is moving in a positive direction right now and I want to see that continue.
"I think it would be degrading to see those types of business down there," Opperud added.
The recommendation to change the city's zoning ordinance was unanimously approved. The City Council will consider the recommendation at its Aug. 18 meeting.
In other business, the commission denied rezoning 8.56 acres along Patterson Road, near the Patterson-Husky Trail intersection with U.S. 30.
Attorney Steven Snyder, representing Bill Bibler and property owner Dewey Patterson, said the adjacent 20-plus acres is currently zoned commercial and adding the additional 8.5 acres would make the entire parcel more marketable.
"What the proposal here is, is to determine what is the highest and best use for the 8.5 acres adjacent to the C-3 commercial parcel," Snyder said.
Patterson said he has made numerous attempts to develop the small parcel as residential, but has been unable to find a developer willing to use the land for that purpose. As a result, he wanted it included with the larger commercial acreage to allow the entire package to be successfully marketed.
"We've had that property available for residential development for years and I've been told by residential developers that it isn't possible to develop it that way," he said. "The main issue for me is to get it zoned so it can move. Developing it commercially is the only viable option."
Patterson's request, however, was met with vocal opposition from homeowners along Patterson Road and in Patterson Estates subdivision.
Citing an unacceptable increase in traffic in the area if the larger parcel would be developed commercially, Jerri Furry, 2614 Patterson Road, said the homeowners deserve as much consideration as Patterson.
"I don't think it's right to add more frustration and traffic congestion to the homeowners in the area who have worked hard on keeping their homes nice," she said.
Bill Hartman, 627 Normandy Lane, said he disagrees with the assessment that the parcel is unmarketable for residential development and urged the commission to keep that zoning classification in place.
"This is a nice area. It's even been host to the Parade of Homes, so I can't believe that it can't be developed as a residential property," he said.
Commissioner Jerry Patterson (no relation to the petitioner) suggested the petitioner return with the rezoning request once a commercial developer has been decided upon and a site plan is ready for review.
"We lose a good deal of control by approving the rezoning without knowing what the site plan entails," he said.
The commission denied the rezoning on a vote of 4-2, with commission president Joe Thallamer and commissioner Mac Silveus voting against the denial. [[In-content Ad]]