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.