Riverbank, California Considers Tattoo Shop Zoning Limits

Riverbank, CA considers Tattoo Shop Limits

In February 2015, city councilors reviewed the proposed zoning ordinance that would limit where tattoo shops could locate within the town of Riverbank.

Councilors were so concerned about those impacts that they passed an emergency moratorium on the controversial land use in September 2014. That moratorium is still in place.

The proposed ordinance would limit tattoo shops to the city's commercial zones. It would also prevent them from locating with 100 feet of a residence. They must also be 500 feet from a schools, parks or business that sells alcohol.

The Riverbank study associated with the moratorium found that tattoo parlors often have secondary impacts such as increased crime and the sale of drugs immediately surrounding the tattoo shop. These affect the market value of nearby properties and affect their aesthetic qualities as well.

In fact the real issue might be the $17 million that was allocated to the Riverbank downtown beautification plan. There is a fear that its backers won't be pleased to see tattoo shops there.

There are two existing tattoo shops in Riverbank. Soul Patch is owned by Dano Friedman and and Tattoo You owned by Ray Hoote.

Gulf Shores, Alabama Refuses to Grandfather Tattoo Shop Use

City Adopted Restrictions on Tattoo Shops in 2013

In 2013 the City Council voted to restrict the areas in town where it would allow tattoo shops. Today that means that Precision Ink Tattoos will close its doors. The city so severely limited the locations where it would let them relocated, that they've decided to close their shop. The business had been in Gulf Shores since 1993. 

The zoning code states that they limited the location "because of their very nature tattoo parlors and body piercing studios are recognized, especially when several are concentrated in the same area, to have deleterious effects upon adjacent areas." 

In Gulf Shores this translated into the following requirements. 

1. No tattoo parlor could located within 500 feet of of the State Highway 59 right of way. 

2. If one tattoo parlor had already located in an area, a second tattoo parlor must be at least 1,000 feet from it. 

3. No tattoo parlor could located within 500 feet of a residential zoning district, school or park. The measurement begins that the property line. 

Precision Ink Tattoos was protected from the zoning change, because it existed in its location prior to the zoning. This is known as a grandfathered use. However, they rented space in a building and the owners have decided to tear the building down. If Precision Ink Tattoos moves from that location, it loses its protected status. 

Motel McCready, the owner of Precision Ink Tattoos, says that the location restrictions force him to relocate behind Jack Edwards Airport or beside a landfill west of State Highway 59. Those locations are so hidden and undesirable, he says he has no hopes of attracting customers. 

Old Orchard Beach ME Votes to Allow Tattoo Shops in the General Business 1 District

Pier 9 in Old Orchard Beach, Maine

On May 13, 2014, the Old Orchard Beach ME Town Council voted 4 to 3 to allow tattoo parlors in the General Business 1 District, if they meet the requirements of a conditional use permit. They also voted to define Tattoo Shop in their zoning. In Old Orchard Beach, it is the Planning Board that reviews conditional use permits.

The 4-3 vote reflected the controversial nature of the decision. It was not a theoretical evaluation. The Good & Evil Tattoo shop wanted to relocated from 9 Ocean Park Road to 1 Ocean Park Road, where it had been in business for about a year. Members of the Town Council were concerned that the new location is at the entrance of the town and a tattoo shop would be the first thing that visitors see.

Before the Town Council vote, tattoo shops were only allows in the Downtown District 1 and Amusement Overlay District. There are two other tattoo shops in Old Orchard Beach - Mad Hatter and Ocean Blue.

It is ironic that the Town Council is concerned about the effect of a tattoo shop at the entrance of town, but would permit an adult use there. An adult use is one that is defined in the zoning code a use that sells materials or devices that appeals to a purient interest.

Town officials and planners did consider including tattoo shops within adult uses or personal services. The decided to give them their own definition and add the requirements of a conditional use permit.

Those conditions require that the applicant show they have adequate off-street parking, will not adversely affect nearby property values, will be compatible with nearby land use with respect to hours of operation and noise, will not create a traffic or pedestrian hazard and will not be a fire hazard.