HomeMy WebLinkAbout2000 Ordinance No. 051•
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ORDINANCE NO. SL
SERIES OF 2000
BY AUTHORITY
COU!,(ll, BILL NO. 48
INTftOli l'CED BY COUNCIL
MEMJI SP !lltADSHAW
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 12, 13 AND 14;
AND CHAPTER 8, OF THE ENGLEWOOD MUNICIPAL coo,;; PERTAINING TO
TATTOO AND BODY PIERCING ESTABLISHMENTS AMS:NflMENTS TO THE
ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE .
WHEREAS, the Englewood City Council reviewed tattoo and l;xxly piercing
strategies in March, 2000 and directed City staff to p1',pare amendments to EMC Title
16, pertaining to tattoo and body piercing establisbme,,tl prohlbiting tattoo
establishments in B-2 and permitting the use in the 1-1 .,nd 1-2 Industrial Districts in
the City; and
WHEREAS, currently Tattoo establishments are not listed a■ a Permitted Use in
any zone district in the City and therefore are prohibited in all wne districts; and
WHEREAS, the current City practice allows the operation or existing tattoo and
body piercing establishments within the B-2 Busine88 District which has resulted Crom
the lack of wning code enforcement against tattoo establishments that have operated
in B-2 over the past two decades; and
WHEREAS, the passage or this proposed Ordinance will prohibit tattoo and body
piercing establishment& in the B-2 district, grant nonconforming use status to existing
licensed establishments in B-2, list tattoo and body piercing establishments as
permitted uses in Industrial districts as well as the addition or tattoo and body
piercing related definitions co nsistent with Title 5, to the Englewood Zoning
Ordinance; and
WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing
on May 2, 2000, and after review recommended approva l or this Ordinance;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
~-The City Council of the City of EnglO\•ood, Colorado hereby amends Title
16, Chapter 4, Section 12 , Subsection F, of the Englewood Municipal Code, to read as
follows:
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16-4-12: B-2 Buainess District:
F. Prohibited Uses: I 'I
I. Manufacturing.
2. Outdoor at.orage of materials, supplies and equipment on private
and public property.
3. The outdoor display, storage or sale of houaehold appliances,
furniture, or other items commonly used in a home, whether on
private or public property.
◄. Warehousing ofproducta or item• not sold on the pn,miaes.
5. Sales at wholesale .
6. Sales or service activity s hall not be allowed from any temporary
structure or vehicle unleBB a building permit application haa been
submitted for a permanent building or structure to replace the
ternporary structure.
7. Temporary employment services as defined by and which are
required to be licensed under Title 5 of thia Code .
§. T!lttoo and/or Body PiercinJ Eatobliahment-
~-The City Council of the City o£Englewood, Colorado hen,by amends Title
16, Chapter 4, Section 13, Subsection C, of the Englewood Municipal Code , to read as
follows:
16-4-13 : 1-1 Light Industrial District:
C. Permitted Principal Uses: No land shall be used or occupied and no •tructun,
shall be designed , erected, altered, used or occupied, except for one or more of
the following uses:
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I. Any use permitted in the B-2 Buaineu Di.atrict excluding reaidential uae
except as permitted in Subsection C(2), mobile home parb. Each
permitted use from the B-2 Zone Di.atrict muat also comply with all the
restrictions and requirements set forth in the section establishing or
allowing th e permitted use unleas epecificelly moclliied by thi.a Section.
2. Mobile Home Park Development, see Developmont Procedure and
Standards, Subsections N and O of this Section .
3. Manufacturing, Prooeeeing And/Or Fabrication: The manufacturing,
processing and/or fabrication , as enumerated and limited herein, of any
comm odity exce pt the following which are prohibited:
Abrasive s, basic manufacture .
Alcoholic distillation.
Animal by-p1·oducts, basic manufacture and processing.
Asphalt, manufacture and procesaing .
Automobile shredding, crushing, baling, compacting and sim:Jar
operations.
Biological waste, proceuing.
Bone black, basic manufacture.
Carbon black or lamp black, baaic manufacture.
Charcoal, basic manufacture.
Chemicals, heavy or industrial, basic manufacture or proceaaing .
Cinder and cinder blocks, basic manufacture or proceasing.
Coal or coke , manufacture or processing.
,-,oncrele and concrete products, manufacture or fabrication.
u. ~ergents, soaps and by-products, using animal fat, basic
manufacture .
Fermented fruits aad vegetable products, manufacture.
Fertilizers, manufacture or procesaing.
Fungicides , manufacture.
Gasses, other than nitrogen and oxygen, manufacture.
Glass manufacture.
Glue and size, manufacture .
Grain milling.
Graphite , manufacture.
Gypsum and other forms of plaster base, manufacture.
Insecticid es, manufacture.
In sulation s, flammable types , manufacture or fabrication.
Matche s, manufacture.
Meat slaughtering.
Metal sh redding and similar operations.
Metals, extraction or smelting.
Metals, ingots, pigs, sheets, or bars, manufacture.
Oils and fats , ani: 'II and vegetable, manufacture.
Paints, pigments, amels, japana, lacquere, putty, varnishes,
whiting, and wood fillers , manufacture {'l l" fabrication.
Paper pulp and cellulose, basic mandacture.
Paraffin, manufacture .
Petroleum and petroleum products, manufacture or proceBBing .
Portland and s imilar cementa , manufa cture.
Rubber, manufacture, or reclaiming.
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Sawmill or planing milla.
Sename, toxins, viruaea, manufacture .
Sugan and otarches, manufacture.
Tannery.
Turpentine, manufacture.
Wax and wax producto, manufacture .
Wood preserving by creoeoting or other preuure impregnation of
wood by preservatives.
4. Sale At Wholesale Or Storage : The sale at wholesale, the warehouaing
and/or storage of any commodity el ">pt the following which are
prohibited :
a. Live farm animals.
b. Commercial explosives.
c. Aboveground bulk storage of flammable liquida or gaSBes, unleas
and ,.,,ly to the ext.t,nt that the atorage of euch liquids or gaaae ■ is
dircc .. connected with energy or heating devices on the premiaea or
to set·. . .., railroad locomotives.
6. Sale At Retak. The sale at retail of the following:
a . Hardware.
b. Any :ommodity manufactured, proceued, fabricated or warehoused
ori ~he premiaea.
c. Equipment, supplies and materials (except commercial exploeiveo)
designed especially for uee in agrieulture, mining, industry,
business, transportation, building and other construction.
6. Repair, Rental And Servicing: The si,pair, rental and servicing of any
commodity, the manufacture, procesaing, fabrication, warebouaing or sale
of which commodity is permitted in this District.
7. Contractor Yard For Vehicles, Equipment, Materiala And/Or Suppli••· A
contractor yard for vehicles , equipment, materials, and/or supplies which
complies with all of the following conditions:
a. ls properly graded for drainage, surfaced with concrete, asphalt, oil
or any other dust.free surfacing and maintained in good condition,
free of weeds, dust, trash and debris .
b. ls provided with barriers of such dimensions that occupants of
adjacent structures are not unreasonably disturbed, either by day
or by night , by the movement of vehicles, machinery, equipment or
supplies.
c. ls provided with entrances and exits so located as to minimize
traffic congestion.
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d. Ia provided with barrien of 1Wlh type and 10 located that no
parked vehicle■ will extend beyond the yard ,pace or into the
required screening area if adjoining or adjacent to a re1idential
district.
e. Lighting facilities are eo arranged that they neither unreaoonably
disturb occ upante of adjacent reaidential properties nor interfere
with traffic.
8. Greenhouse.
9. Newai,aper distribution station.
10. Par~ng and/or commercial storage of operable vehicles.
I 1. Railroad fa cili ties, but not including ehc,e.
12. School for training in occupational skills, enrollment may be open to the
public or limited , may include dormitories for students and instructors.
13. Terminal for intracity or intercity vehicles for movement of persona or
freight .
14 . Warehousing and/or storage.
16. Recycling operations, including, but not limited to, the proceaeing of
batteries, construction waste, food waste , glass, metals and/or alloy11 ,
pap.,rs, plastice and t.ires which complies with Subsection C(l5)(a) of this
Section, as listed below. Buyback centers that do not proceu recycled
materials and store their materials within an enclosed structure or a roll-
off container, semi-trailer, or similarly self-contained apparatus ahall be
exempt from this Subsection C(l6).
a. The manufacturing of all materials shall occur within an enclosed
structure . The storage of materials may occur outside of the
structure providing said storage is in a roll-off container, semi-
trailer, or sim ilarly self-contained apparatus. For operatfona not
conducted within an enclosed structure, see Subsection J(l)C of this
Section .
16. Pawnbroke r and automobile pawnbrok er.
ll Tattoo and/or Body Piercing establishment
H.1.8.. Any similar lawful use which, in the opinion of the Commission, is
not obj ectionable to nearby property by reason of odor, dust, smoke,
fum es , gos, heat, glare , radiation or vibration, or ia not hazardous to
the health and property of the surrounding area through danger of
fir e or explos ion.
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~-The City Council of the City of Enslewood . Colorado hereby amenda Title
16 . Chepter 4, Section 14, Suboection B, of the En1lewood Municipal Code, to read u
follow ■:
16-4-14: 1-2 GENERAL INDUSTRIAL DISTRICT:
B. Permitted Principal Uoes. No land shall be u■ed or occupied and no 1tructure
shall be designed, erected, altered, used or occupied e,cept for one or more of
the following usee:
I. Any use pe.-mitted in the 1-1 Industrial Zone District e,cept mobile
home po.rke and other residential uses which shell be prohibited.
Each permitted use from the 1-1 Zone District must aiao comply with
all the restrictione and requirements set forth in the ll!Ction
establishing or allowing the permitted use unleu specifically
modified by this Section .
2. Manufacturing, proceeeing and/or fabrir.ation. The manufacturing,
processing and/or fab ,:cation of any commodity, escept the baaic
manufacture and proce11&ing of animal by•producta or any organic
type fertilizer, and an1· metal shredding or auto ohredding operation,
or similar use.
3.
4.
Sale at wholesale or storage. The sale at wholesale, the warehousing
and/or storage of any commodity.
Sale at retail. The sale at retail of the following :
a. Any commodity manufactur,,d, processed or fa bricated or
warehoused on the premises.
b. Equipment, supplies and materials (e,cept commercial
explosives) designed for use in agriculture, mining, industry,
bus iness, transportation, building and other construction.
5. Repair, rental and servicing. The repair, rental and servicing of any
commodity.
6 . Commercial incinerator.
7. Natural production uses. The excavation of sand, clay, gravel, or
other na tural mineral depoaita or the quarryin~ of any kind of rock
formation . except top eoil ; the land shall be reclaimed for uses
permitted within the Zone District.
8 . Sewage disposal plant.
9 . Recycling operations, including but not limited to the processing of
bo tteties, construction waste, food waste, gl..as, metals and/or
alloys , papers , plast ics and tires whirh oomplies with oondition a, as
listed below. Buy back centel"s that do not process recycled materials
and store their materials within an enclosed structure or a roll-off'
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amtainer, aemi-trailt,, or aimilarly self-oontained apparatua ahal\ be
exempt from thia Subsection B(9):
a . The manufacturing and atorage of all materials shall occur within an
enclosed structure. The etorage of materiala may occur outlida of the
structure providinf ■aid storage is in a roll-off contailler, aemi-trailer
or similarly aelf-oontained apparatua. For operations not conducted
within an enclosed structure, see Sub .. ction 1(3) of this Section.
10. Automobile wrecking or junk yard. Any automobile wrecking or junk
yard approved under the provieiona of this Title shall have a
minimum area of one and one-half (1 1/,) acres, and shall comply with
the pro visions of Chapter 10, Title 6 of the Englewood Mun · cipal
Code, as amended, and any other applicable codes or ordiD ,.mcea.
U Tattoo ond/or Body Piercing Establiahment
H . .1.2.. Any similar lawful uae, which, in the opinion of the Planning and
Zoning Commi88ion is not objectionable to nearby property by re11110n
of odor, dust, smoke, fumes, gaa, beat, glare, radwtinn or vibration,
or is not hazardous to the health and property of the aurro~nding
area through danger of fire or esploaion .
&l:l.iw-Title 16, Chapter 8, Section l ; Englewood Municipal Code, is hereby
amended by insertion of the following amended definitions in alphabetical order, as
follows :
16-8-• Definitions:
Decc;rative Jewelry or
other Decoration ·
Body Piercing ·
Bodv Piercing
Establi sh ment ·
Includes but is not limited to barbelle beada
cbaina dasps earri np rinp epikee etY:ds
OUJIW,
Anv method af creating an oncmimr in tho
human body including but not limited to the
ear evebrow 1enital1 lip nanl nswe or
tongue fur the purpoae of iQAQrt.ipf any
decorative iewelrv or other decoration-
Anv corporation company palllWJ'lhip or
individual that offers or performs body
piercing for anv fee charge or remuneration of
anv kind For the pumoaee of this Title this
does not include establishment.a performing
ear piercing as an incidental service to the
permitted principal use
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Tattoo ·
Talloo. E ■tabliahment ·
An indelible mark or §cw, fixed UPPP the
body by lltlertion of pigment und,r tho akin or
bv erodw;tiee ef acan
Any cmpora tion company partpprphip or
individual that offen or perform,, tattooing f0 t
any fee charge or renumeration of any kind
~ S!,(Aty Clau,e, The City Counril hereby finds, det.,rmines, and
declares that this Ordinance is promulgated under I.be ganoral police power of the
City of Englewood , that it is promulgated for the health, safety, and welflll'f of the
public. and that thia Ordina,tce iB neceaaary for the preeervation of health and safety
end for tbt? protection of public couvenience and welfare. The City Council further
determines that the Ordinanoo l>,ara a rational relation to the proper legislati,e
object sought to be obtaine~.
&l:tiwl..fl. Seyerabjljty If any clause, eentence, paragraph, or part of this
Ordinance or the applir.ation thereof to any person or circumst.ancee •h •ll for any
reason be acljudged by a court of competent juriadiction invalid, such ,, dgment shall
not affect , impair or invalidate the remainder of this Ordinance or it :.pplication to
other persona or circumstances. -
~ lnronsistent Occlioanre, All other Ordinances or portions thereof
inconeistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconeistency or conflict.
51:!:ti.wLa. Any Tattoo and/or Body Piercing establishment in existence prior to
the effective date of this Ordinance shall be nonconforming. A nonconforming uee
allowed by this Section may remain at its location as a legal nonconforming use
subject to the requirements o! nonconforming uses es described in this Title. For the
purpose of lllis Ordinance, prior existence ,hall be defined as being in operation and
licensed by the City ou the effective date of this Ordinance.
~ Effect of repeal or modificotion The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred undel' such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings , and
prosecutions for the enforcement of the penalty, forfeitw:e, or liability, as well as for
the purpose of sustaining any judgm ent, decree , or order which can or may be
rendered, entered , or made in such actions, suits, proceedings, or pros-"?CUtions.
5w:tionJ.ll. ~ The Penalty Provi.,ion of E.M.C. Section 1•4-1 shall apply to
each and ev ery violation of this Ordinance.
Introduced, read in full , and passed on first reading on the 5th day of June, 2000.
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Published as a Bill for an Ordinance on the 9th day of June, 2000.
A Public Henring was held on July 17, 2000.
Read by title and passed on final reading on the 7th day of August, 2000.
Published by title as Ordinance No.5L Series of 2000 , on the I Ith day of
August, 2000.
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true cop}'..9f the Ordinance passed on final reading
and published by title •• Ordinance No.~ Sen~•• of 20 0.
1~b LoucriahiaA.Eil
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COUNCIL COMMUNICATION
Date June 5, 2000 Aaenda Item S■bject Tattoo and Body
Piercing Establishments
Amendments to Comprehensive
!Oai Zoning Ordinance
INITIATED BY Community Development. I STAFF SOURCE Tricia Langon, Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council reviewed tattoo and body piercing strategies at the March 6, 200( study session and
directed staff to prepare amendments to the Title 16 of the Englewood Municipal Code
pertaining to tattoo and body piercing establishments .
PREVJOUS PLANNING COMJ\USSION ACTION
The Planning and Zoning Commission considered amendments to Title 16, Comprehensive
Zoning Ordinance at a public hearing on May 2, 2000. No members of the public attended the
public hearing . The Commission voted to forwru , th e Title 16 amendments to City Council with
a recommendation for approval with one City Attorney recommended clarification to the body
piercing establishment definition as follows :
Any corporation, company, partnership, or individual that offers or performs body
piercing for any fee, charge , or remuneration of any kind . For the purposes of the
zoning ordinance, this does not include establishments performing ear piercing as an
incidental service to the permitted principal use .
The vote was 4 in favor, 2 opposed and I absent.
RECOMMENDED ACTION
Staff recommends that Council set July 3, 2000 as the date for the Public Hearing on proposed
amendments to Titlel6 : Comprehensive Zoning Ordinance of the Englewood Municipal Code
concerning tattoo and body piercing establishments.
BACKGROUND
Tattoo establishments are not listed as a Permitted Use in any zone district in th~ City, and
therefore are prohibited in all ?One districts. However, current City policy allows the operation of
existing tattoo and new estab lishments within the B-2 Business District. This policy resulted
from the lack of zoning code enforcement against tattoo establishments that have operated in B-2
over the past two decades . At this time, five tattoo and/or body piercing estabiishments arc
operating in B-2 within a 5-block area along South Broadway (39o9 to 4401 S. Broadway) .
Following a recent Federal Court decision upholding the City's prohibition of tattoo
establishments within the B-1 Business District , Council directed staff to prepare Zoning
Ordinance amendments prohi biting tattoo establishments in B-2 ond permitting the use in the 1-1
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and 1-'-Industrial Districts . Council based their directive on the City initinted Kunley-Hom and
Associates' draft economic market analysis of the South Broadway conido:r that re..~mmends the
recruitment of "3n1 Places". 31'1 Places are gathering places, other than work or bomc, such u
eating/drinking establishments, entertainment venues and miscellaneous mail b111ineue1 that
compliment the business mix of the entire conidor, encourage pedestria11 activity, and create
spin-off dollars, thereby increasing the commercial vitality of the conidor.
Council further directed staff to extend the tattoo strategy to body piercing establishments and to
provide consideration for retail businesses, such as jewelry stores, that provide car piercing as an
incidental service . Extending the strategy to include body branding was also discussed, howeve--
the City Attorney's office has determined that body branding is already inclu.:~ within th•
tattoo definition.
ORDINANCE PROPOSAL
The following amendments ar~ proposed :
16-4-12 : F 8
Lists Tattoo and Body Piercing Establishments as prohibited use in the B-2 district.
16-4-12: F 8 a
Gmnts nonconforming use status to existing establishments in B-2 district.
16+13: C 17 and 16-4-14: B 11
Lists Tattoo and Body Piercing Establishments as permitted use in Industrial districts .
Definitions added to th e Zoning Ordinance
Body Piercing, Body Piercing Establishments, Decorative Jewelry or Other
Decoration, Tattoo, Tattoo Establishments
ANALYSIS
The proposed amendments are consistent with the draft South Broadway market analysis
recommending retail/entertainment venues that gener,.te sales tax and pedestrian activity along
South Broadway, while providing alternate zone district locations for tattoo and body piercing
establishments . The proposed amendments are consistent with the Comprehensive Plan and the
South Broadway Action Plan. The proposed amendments:
Permit new tattoo and body piercing establishments in 1-1 and 1-2 districts,
Prohibit new tattoo and body piercing establishments in B-2,
Grant Nonconforming Use status to existing tattoo and body piercing establishments in B-2,
subject to Nonconforming Use regulations, and
Add tattoo and body piercing related definitions consistent with Title 5, Business and License
Regulations definitions .
FINANCIAL IMPACT
No adverse financial impacts are identified .
LIST OF ATTACHMENTS
Bill for Ordinance
Staff Report
rmdings ofFact
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TO:
THRU:
FROM:
DATE:
SUBJECT:
REOl'EST :
CIT y Of E~GLEWOOI
OFFICE OF NEIGHBJRHOOO ANO BUSINESS 0EVELO,i1£NT
Englewood Planning and Zoning Commission ~
Robert Simpson, Director, Community Development
Tricia Langon , Planner
April 26, 2000
Planning Commission Date : May~. 2000
Case ORD-2000-02: Tattoo and Body Piercing Establishments
Comprehensive Zoning Ordinance Amendments
Staff requests that the Planning and Zoning Commission review . t:ilce public testimony,
and pro vi de comment on proposed Englewood Comprehensive Zoning Ordinance
revisions to tile B-2 Business . 1-l Light Industrial , and 1-2 General Industrial zone
districts pertaining to tattoo and body piercing establishments .
RECOMME:-IDA TIOI\,
Staff recommends that Planning and Zoning Commission recommend to City Council to
approve the proposed re visions to B-2 Business . 1-1 Light Industrial, and 1-2 General
!n dw al districts of the Comprehensive Zoning Ordinance .
BACKGROl'NI>:
Tattoo establishments are not listed as a Permitted Use in the B-2 Business District.
However . current City policy allows the operation of existing tattoo and new
establishments within this district. This policy resulted from the lack of zoning code
enforcement of tattoo establishments in B-2 over the past two decades (Sec attached
Policy). At this time , Ii ve tattoo and/or body piercing establishments are operating in B-2
within a 5-b !ock area along South Broadway (3969 to 4401 S. Broadway). Tattoo and
~y piercing establishments are required to be licensed annually by the City of
Engle wood for health and safety interests . Since licensing went into effect in 1997, one
business was licensed in 1997 , two in 1998. and two in 1999 .
A recent decision rendered in Federal Court upheld the City 's policy to prohibit tattoo
establishments 'Nithin the B-1 Business District. Following that decision, Council
direc ted staff to research and develop a strategy to address tattoo establishments in B-2
and other zone districts in the City. At study session on March 6, 2000 , staff presented
four alternati ves for Council's review . Alternat ives ranged from total prohibition of tattoo
establishments to codifying the existing policy permitting establishments in B-2, and
therefore in 1-1 and 1-2 Industrial Districts.
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After discussion, Council directed staff to prepa:e Comprehensive Zoning Ordinance
amendments restricting tattoo establishments in B-2 and permitting them in the in I-1 and
1-2 Industrial Districts. Council based the strategy on the City initiated Kimley-Hom and
Associates' draft economic market analysis of the South Broadway that recommends the
recruitment of "3 rd Places", gathering places other than work or home , to increase the
commercial vitality of the corridor. Such businesses include eating/drinking
establishments, entertainment venues and miscellaneous retail businesses that
compliment the business mix of the entire corridor a ·d create spin -off dollan, thus tax
revenues for the City.
Council further directed staff to extend the tattoo strategy to body piercing establishments ·
and to provide consideration for retail businesses, such as jewelry stores , which provide
ear piercing as an incidental service. Exten dinJ the strategy to include body branding
was also discussed, however , the City Atto rney'~ offic~ has dct(nnind that body
branding is already included within the tattoo de l,ntti on . Tattoo is defil;.-d as : "An
indelible mark or figure foed upon the body by insertion of pigment under the skin or by
producrio11 of scars" (emphasis added).
ORDINANCE PROPOSAL:
As proposed, the amem!:nents permit tattoo and body pier:,:.~ establishments as
penniued principal uses in 1-1 and 1-2 Industrial Districts , ~nd prohiu ,1 these uses in B-?.
The amendments grant !( onconfonning Use status to tattoo and bodv piercing
establ is hments licensed ~no in operation in B-2 prior to the enactment of tile • ordinance .
Suet• existing uses are subject to Nonconfonning Use rcgula1 io n fo,.,"d in Chapter 6 of
the Comprehensive Zoning Ord inance. The amendments also add tattoo and body
piercing definitions that are consistent with Title 5, Business and Licensing Reguktions
of the Englewood Municipal Code .
SUMMARY:
The proposed amendments are consistent with the draft South Broadway market analysis
recommending retail/entertainment venues that generate sales tax and pedestrian activity
along South Broadway . while providing alternate zone district locations for tattoo and
body piercing establishments. The proposed amendments :
• Pennit new tattoo and body piercing establishments in 1-1 and 1-2 districts,
• , Prohibit new tattoo and body piercing establishments in B-2.
• Grant Nonconfonning Use status to existing tattoo and body piercing establishments
in B-2. subject to Nonconforming Use regulations. and
• Allow existing B-2 tattoo and body piercing establishments 10 be sold . conveyed, or
transferred , as long as a new license is obtained .
ATTACHMENTS:
Proposed Amendments 10 Title 16 : Tattoo and Body Piercing Establishments
Tattoo Shop Polic y (current policy)
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE fO~ ~ )
02, FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO AMENDMENT OF TITLE 16 TO )
REGULATE LOCATION OF TATl'OO AND)
BODY PIERCING ESTABUSIIMENTS )
)
INIT~TEDB~ )
Community Development Staff )
)
FINDINGS OF FAC:r AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Willis . Rininger , Sauter. Stockwell, Weber.
Welker
Commission Members Absent: Lathram
This matter was heard before the City Planning and Zoning Commission on
May 2, 2000 In the City Council Chambers of the Englewood City Hall.
Testimony was received from staff. The Commission received notice of Public
Hearing, and the Staff Report, which were Incorporated Into and made a part of
the record of the Public Hean.:~.
No public was present to testify on this Issue .
After considering the statements of the witnesses, and reviewing the pertinent
documents, the members of the City Planning and Zoning Commission made
the following Fin.dings and Conclusions.
FINDINGS OF FACT
l. THAT the proposed amendment of Title 16. Comprehensive Zoning Ordi-
nance, was Initiated by staff members of the Community Development
Department as directed by Englewood City Council .
2 . THAT notice of the Public Hearing was given by publication In the official
City newspaper, thL Englewood Herald . on April 21. 2000.
3 . THAT notice of the Public Hearing was sent via certified mail to the exist-
Ing licensed tattoo and body piercing establishments on April 21 , 2000 .
N:'Gl~.......,......lOCOR)f-T--ao.a, .........
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4 . THAT currently the Englewood Compreilenstv,: Zoning Ordb:.mce dOl!!S
not cite tattoo or body piercing establl~hments In any zone d:.<itrtct .
5. THAT testimony was received from Community Development st,lff m~m-
bcrs regarding the proposed amendments to Title 16, which propt.,sers
amendments establish location regulatlons for tattoo and body plerc:ng
establishments, and set forth definitions pertaining to these actlvtti<:s .
6 . THAT staff also presented testimony on efforts to Improve the So th
Broadway corrtdor to preserve a viable and active business community
along the South Broadway corrtdor.
7. THAT th,e proposed amendments to Title 16, Comprehensive Zoning Or-
dinance, are consistent wtth Title 5, Business and License Regulations ,
and Title 7, Public Safety, of the Englewood Municipal Code.
CONCLUSIONS
I. THAT the proposed amendment to Title 16 of the Englewood Municipal
Code, the Comprehensive Zoning Ordinance, was Initiated by the Com-
munity Development staff as directed by Englewood City Council.
2 . THAT proper notice of the Public Hearing was gtverr by publict1tion In the
Englewood Herald on April 21. 2001'.
3 . THAT three of the five licensed tattoo and body piercing establishments
had received and returned the certified malling signature card regarding
the Public Hearing as of May 2, 2000.
4. THA'l" the Englewood Comprehensive Zoning Ordinance, as a permissive
ordinance, must citP tattoo and body piercing establishments as permit·
ted uses In a particular zone distrtct In order fo1 those uses to operate In
tha t zone dlstrtct.
5. '!'HAT the proposed amendment to Title 16 of the E.M.C ., prchiblt new
tat ~C!tl and body piercing establishments In B-2 , Buslne~.; District: allow
new .attoo and body piercing establishments only In the 1-1 or 1-2 Indus-
trtal Districts: add new definitions addressing tattoo and body piercing
activitlt'!s and establishments: and grant nonconforming status to li -
censed tattoo and body piercing establishments currently located In the
B-2 Business District.
6 . THAT the proposed amendments to Title 16, Comprehensive Zoning Or-
dinance are consistent wtth and support city economic development ef•
forts along thl' South Broadway conic.or.
2
7. THAT the proposer! amendments to Title 16, Comprehensive Zoning Or-
dmance, are con.0 ,st~nt with other 1 ltles of the Englewood Municipal
Code.
QECISIOI!
THEREFORE, It Is the decision of the City Planning and Zoning Commission
that Title 16 of the Englewood Municipal Code be amended to prohibit new tat-
too and booy piercing e,itablishments In the B-2 Zone District, and to allow
new tattoo and body piercing establishments only In the 1-1 and 1-2 Zone Dis-
tricts. New deflnltlons pertalning to tattoo and body piercing establlshments
should be Incorporated In Title 16. and nonconforming status should be
granted to the licensed tattoo and body piercing establishments currently oper-
ating In the B-2 Zone District.
The decision was reached upon a vote on a motion made at the meeting of the
City Planning and Zoning Commission on May 2 , 2000 by Weber, seconded by
Sauter. which motion states:
The Planning Commission recommend m City Council approv,\ of the proposed
amendments to the Comprehensive Z ':ling Ordinance regarding tattoo and
body piercing establishments, wtth the following modification of the definition
for "Body Piercing Establishment .
"Body Piercing Establishment: Any corporation. company. part.'1ershlp, or tn-
dlv!dual that offers or perfo rms body piercing for any fee. charge. or remunera-
tion of any kind. For the purposes of the Z-<mtng Ordinance. this does not In-
clude establishments performing ear piercing as an Incidental service to the
perm!Lted principal use:
AYES :
NAYS :
ABSTAIN :
ABSENT:
Weber. Willis, Sauter. Stockwell
Rininger. Welker
None
Lathram
The motion carried.
These Findings and Conclusions are effective as of the meeting on May 2, 2000.
BY ORDER OF THE CITY PLANNING &: ZONING COMMISl:oION
• ~-l l)J4
Carl Welker , Chairman