Tattoos, body piercings and ... makeup?
Virginia Beach zoning law denies salon owner’s plan
VIRGINIA BEACH — A city law that aims to limit the number of tattoo parlors and body piercing establishments in Virginia Beach is preventing a beauty salon owner from providing a type of makeup service.
Allegra Staicer, owner of Beauty Bungalows in Redmill Commons, wants to offer microblading — a type of semi-permanent makeup to enhance eyebrows — but can’t get past step No. 1 with the city.
Beauty Bungalows is a “one stop shop for beauty,” with hair and waxing services, and microblading would complete the package, Staicer said.
In February, Zoning Administrator Kevin Kemp denied her the chance to apply for a conditional use permit because her studios are too close to another salon that has a permit for permanent makeup. The reason: a city law prevents tattoo parlors from being within 600 feet of each other, and permanent makeup is considered a tattoo, according to the state.
Microblading involves a technician using a pen with tiny needles to implant pigment in the brow area. The effect fades within three to five years.
When the city approved the law to keep tattoo parlors from inundating Virginia Beach 20 years ago, permanent makeup service wasn’t considered, Kemp said. The General Assembly later lumped it into the category of tattoos.
The city’s methodology for measuring 600 feet isn’t stated in the law, but the long-standing practice has been to create a circle with a radius of 600-feet around the proposed location, according to Kemp.
Beauty Bungalows and the nearby business, Verde Salon & Spa, which holds the permanent makeup permit, are in different buildings, separated by an alley, with doors facing opposite directions.
Staicer appealed Kemp’s decision to deny her permit application from being heard by the planning commission and voted on by the City Council. Last Wednesday, after a lengthy discussion, the Board of Zoning Appeals upheld Kemp’s findings based on the law.
Eddie Bourdon, Staicer’s attorney, said she has only one other option: To find a sponsor on the City Council who will support amending the zoning law.
As the law stands now, Staicer’s hands are tied.
The 600-foot law has been challenged in the past. Originally, it stated that tattoo parlors couldn’t be located 600 feet from another tattoo parlor, residential or apartment district or school.
In 2016, all but the requirement for another tattoo parlor was removed. However, tattoo parlors are only allowed in the B-2 Community Business District.
Zoning board commissioner Bob Thornton said he’s concerned that Staicer can’t apply for a permit. He was the only one who supported her appeal.
“It certainly doesn’t allow an applicant due process,” Thornton said. “This method, having this language in there, just stops somebody. This is a real problem for anybody who wants to apply for this use.”