HomeMy WebLinkAbout9D - Body Art Establishments CITY COUNCIL AGENDA REPORT
16200 Ea§le Creek Avenue $.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
MAY 2, 2005
9D
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF AN AMENDMENT TO
PRIOR LAKE CITY CODE SECTION 309.700
PERTAINING TO ALLOWABLE LOCATIONS FOR
BODY ART ESTABLISHMENTS
Histo~.: On October 4, 2004, the City Council adopted
Ordinance #04-26, adding Section 309 to the City Code. This
section of the Code regulates body art establishments. The
ordinance, as adopted, allows these establishments in the C-3
(Town Center) and C-4 (General Business) districts only.
On April 18, 2005, Jerome Deleon spoke at the City Council
forum, and asked the Council to consider amending Section
309 of the City Code to allow body art establishments in the C-
2 (Community Commercial) district. The Council directed
staff to bring this issue to the City Council.
Current Circumstances: The purpose of the body art
ordinance is to regulate the business of tattooing, body
piercing, body branding, body painting and body art in order to
protect the general health, safety and welfare of the
community. Because these activities involve piercing the skin
with needles or other instruments, they pose the potential risk
of causing health problems if not done in a safe manner under
sanitary conditions. For this reason, the City adopted licensing
requirements and stringent regulations to protect the general
health, safety and welfare of the community.
From a land use and zoning perspective, body art
establishments fall under the category of service uses. These
uses are generally defined as on-site services provided directly
to an individual, and include barber shops, beauty shops,
massage parlors, laundromats, shoe repair shops, and dry
cleaners. Service uses are permitted in the C-2 district, as well as
the C-3 and C-4 districts. In addition to protecting the general
health, safety and welfare of the community, the Zoning
Ordinance regulations also address a land use based on its effect
on adjacent properties, in terms of traffic, parking, lighting, and
www.cityofpriorlake.com
1:\05 files\05 ordin amend\city co~a~:,yo~.cz[~l~c~01 / Fax 952.447.4245
ISSUES:
CONCLUSION:
ALTERNATIVES:
RECOMMENDED
ACTION:
REVIEWED BY:
so on. Service uses in the C-2, C-3 and C-4 district are not
expected to have an adverse affect on adjacent properties. The
licensing regulations for body art establishments are more
stringent than Zoning requirements.
The permitted locations for body art establishments are listed
in Section 309.700 of the City Code. The issue of location is
strictly a question of City policy. The Zoning Ordinance
considers body art establishments a service use, which are
appropriate in the C-2 district. The official Zoning Map
designates two areas in the City as C-2. They are:
1. The cormnercial area located south of Boudins Street and
west of TH 13;
2. The Wilds North commercial area located east of CSAH
83, south of CSAH 42, and north and west of Wilds Path.
Allowing body art establishments in the C-2 district requires
the following amendment to Section 309.700 (4):
Any location that is not in a district zoned C-2, C-3 or C-4.
The Council should determine if it wishes to allow body art
establishments in the C-2 district. If so, the staff recommends
approval of the attached ordinance.
The City Council has the following alternatives:
1. Adopt the ordinance amendment as proposed.
2. Deny the ordinance amendment.
3. If the Council believes the public should be afforded the
opportunity to provide input with regard to this proposed
change, the Council could direct the staff to schedule a
discretionary public hearing on this matter.
4. Defer this item and provide staff with specific direction.
Staff recommends Alternative # 1 or Alternative #3.
1. Alternative #1 requires a motion and second adopting
Ordinance 105-XX amending Section 309.700 (4) of the
City Code to permit body art establishments in the C-2
District.
2. Alternative #3 requires a motion and second directing staff
to schedule a pubJ~c hearing before the City Council to
Frank Boy~q~ty ]l/lanager
1:\05 files\05 ordin amend\city code\body art\cc report.doc 2
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 105- XX
AN ORDINANCE AMENDING SECTION 309.700 (4) OF THE PRIOR LAKE
CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 309.700 (4) of the Prior Lake City Code is hereby amended as follows:
309.700 Places Ineligible For License: The following locations shall be ineligible for a
license under this Section:
(1) No license shall be granted or renewed for operation on any property on which
taxes, assessments, or other financial claims of the State, County, School District or
City are due, delinquent, or unpaid.
(2) No license shall be granted or renewed if the property is not properly zoned for
body art establishments.
(3) No license shall be granted or renewed if the premises is licensed for the
furnishing of alcoholic beverages or is an adult establishment pursuant to this Code.
(4) Any location that is not in a district zoned C-2, C-3 or C-4.
(5) No license
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 2nd day of May, 2005.
'ATTEST:
City Manager Mayor
Published in the Prior Lake American on the
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
day of ,2005.
1:\05 files\05 ordin amend\city code\body art\ordl05-xx.doc
www. ciWofpriorlake, com
PAGE 1
Phone 952.447.4230 / Fax 952.447.4245