Warsaw Plan Commission Rules on Tattoo Shop Exception
Posted
Jennifer Peryam-jperyam@timesuniononline.com
Warsaw Plan Commission voted in favor of a proposal that continues to allow tattoo parlors as special exceptions in Commercial-2 zoning districts.
The proposal also is for new language in the ordinance that, if approved by Warsaw City Council, will allow tattoo establishments as permitted uses in C-3, C-5, Industrial-2 and I-3 zoning districts.
The vote was 6-1 with plan commission members Tom Allen, Jeff Grose, Tammy Dalton, George Clemens, Jim Gast and Lacy Francis voting in favor of the proposal. Plan commission member Rick Keeven voted against the permitted use proposal.
Warsaw City Council will hold a public hearing and vote on the recommendation at its August city council meeting, according to city planner Jeremy Skinner. Keeven said he voted against the permitted use proposal, but supported the special exception.
“To me an important factor is the public welfare where surrounding properties would be affected in permitted uses,” Keeven said.
Warsaw Board of Zoning Appeals in May granted Hank’s Tattoo and Take Action special exceptions for the business locations.
However, the special exceptions were approved with restrictions that tattoo establishments can no longer visibly say “tattoo,” “body piercing” or “body art.” Warsaw City Council requested Warsaw Plan Commission review the city’s ordinance and provide a recommendation to them.
Mary Ellen Rudisel-Jordan, BZA member, said she supported a special exception in a C-2 district, but was not sure about the permitted use in a C-3 and C-5.
Hank’s Tattoo is in a C-3 district, and Take Action is in a C-2 district.
“Warsaw is a beautiful place that is growing rapidly so the lines you draw in the sand are about the future of the city,” Rudisel-Jordan said. “I’m not about whether tattoos are good or bad, but I encourage you to think carefully about where they go because that is where they will be 10 years from now.”
Rudisel-Jordan said she felt a special exception should not be viewed as something that is bad, but gives the city an opportunity to plan.
Commission member Tammy Dalton said, “If we grant special exceptions in a C-2, I still find it discriminatory that we are not allowing signage and we are saying it is OK to have your business here, but you can’t advertise it.”
Skinner said the city’s ordinance does not say tattoo signs are not allowed, but it was a decision with the special exception the BZA made.
Hank Hernandez, Hank’s Tattoo owner, spoke and said he did not previously have a tattoo, but recently got one.
“I am tired of having people judge me for the heart they don’t see,” Hernandez said.
Keeven said he knows Hernandez is well respected, exercises discretion and works hard to enforce a zero tolerance drug policy at his business, but said Hernandez is the exception to the rule.
Commission member Jeff Grose said he supported the special exception in a C-2 district, and is in favor of the permitted uses for C-3, C-5, I-2 and I-3.
“For our community to say you cannot do this commercial activity in a commercial zone, I don’t think is an appropriate message,” Grose said. “From a planning standpoint I believe our community deserves to be in those permitted zones.”
Commission member George Clemens said he agreed with Grose’s comments.
