Highland considers new look at longtime tattoo parlor ban
Tattoo artists may soon be given the opportunity to at least attempt to set up shop in the Town of Highland.
Long not permitted anywhere in town, the town signaled at its Monday night study session that it’s amenable to considering plans for tattoo business. The move comes as tattoo artist Tina Cap, who owns Nephilim Studios, appeared before the Board of Zoning Appeals at its October meeting requesting to set up shop in the 2700 block of Condit Street, near Fuzzyline Brewing Co., Building Commissioner Ken Mika said.
The BZA gave cap a 3-2 unfavorable recommendation, Mika said, based in part by the rules the town has on its books. One part of the ordinance doesn’t allow for tattoo parlors anywhere in the town proper, he said, while another says that tattoo artists are required to also be licensed to practice osteopathic medicine.
Mika acknowledged, however, that the stigma surrounding tattoos has considerably lessened over the last 20 years and that while the state requires tattoo artists to be licensed, it no longer requires them to also practice medicine. Additionally, the courts often don’t side with municipalities who ban tattoo parlors.
“They’ve often won cases on freedom of expression in the First Amendment,” Mika said.
The town, Mika said, could decide to allow tattoo parlors either under a particular zoning classification or by discretionary use variance. Since redoing an ordinance will take time, Town Attorney John Reed said the council can consider Cap’s business with a discretionary use variance and deal with revising the ordinance down the line.
“The person who applied is licensed as an artist and represented themselves very well,” Mika said of Cap, reminding them that the BZA’s recommendation is only advisory.
Reed said he would research the issue and have his finding prepared for the Nov. 22 plenary meeting, in which Cap will be asked to attend.
In other business, Mika suggested to the council that it leaves the zoning rule on storage units intact: that the council should consider proposed storage-unit projects on their merits and proposed locations. Currently, storage units are permitted with B-3 zoning.