Warsaw Plan Commissioners distinguished body makeup from the more expressive work available in a tattoo parlor in a unanimous recommendation Monday night.
In a text amendment to come before city council members June 18, commissioners heard first from assistant city planner Kristy Mehlburg and Think Young Styling Salon owner Waunita Young.
Mehlburg said a citizen reported Think Young's advertisement for body makeup to councilwoman Trish Brown. The community member considered this the same as operating a tattoo parlor.
After much discussion with Young, it was determined that body makeup is "cosmetic correction or enhancement of natural features" instead of body art.
Body makeup is permanently applied with a needle and dye limited to lining lips, eyelids and eyebrows. It is also used in cases of reconstructive breast surgery. No symbols are drawn on the skin.
"We're a leader in the fashion business," Young said of the process. "We would fall behind if we couldn't offer this service."
Young said clients who live in the South during the winter are coming back to Warsaw with tattooed eyebrows. She said the procedure is very popular for those with failing eyesight - who can't apply makeup because they can't see.
"I'm not for having tattoo parlors up and down the street," she said. "A few years ago tanning and massage weren't respectable; look at those services now."
She said a professional person would do the work in her salon.
"I want to do it right," Young said.
Board president Joe Thallemer said the recommendation was not being presented as a variance to avoid creating a tattoo-parlor subset.
Two more recommendations were approved by the board, including:
A recommendation to name South Bend attorney Larry Clifford administrative law judge to hear zoning violations and to impose fines and penalties.
Currently Clifford is the city hearing officer for unsafe buildings.
City planner Jeff Noffsinger said the process for pursuing zoning violations is not time- or cost-effective.
Noffsinger said when a complaint is received by the planning and building office, a "windshield" survey is completed and the violation, if any, is determined.
"A nice letter is written to the property owner explaining the violation; they typically have 30 days to clean it up and usually don't," Noffsinger said.
Another letter is sent and more time passes and eventually a lawsuit is filed in Circuit Court.
With an administrative law judge in place, the violator would be ordered to a hearing and a fine would be imposed that day. This action would result either in the violation being taken care of or a lien on the property.
Board member Jim Gast reminded the board that liens are only released when the property is transferred.
Noffsinger said the idea is not to fill the city's coffers but to clean up the violations.
City attorney Bill Fawley said Clifford gives the appearance of independence and the hearing process is quicker than the courts.
The third recommended item was a text amendment regarding directional real estate signs. The amendment says directional signs may not contain any advertising of any kind. They may contain only the street address and common phrases, such as "for sale," "for lease" or "for rent."
They are expected to be black and white and generic in nature and limited to one per lot.
The next meeting of the Warsaw Plan Commission will be July 9 at 7 p.m.
Board members are Joe Thallemer, Jeff Grose, Jim Gast, Dewey Lawshe, Lacy Francis, Richard Keevan and Alan Clingman.