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APRIL 1998 <br /> <br />AMERICAN <br />PLANNING <br />ASSOCIATION <br /> <br />Zoning Gets -. <br />Under Your Sktn <br /> <br /> By Chris Burke <br /> <br />Over the past three years, tattoo parlors and body massage <br />parlors have proliferated rapidly. Once regarded as a <br />novelty popular in warm climates and seedy commercial strips, <br />tattoo parlors have been springing up everywhere, from large <br />commercial strips to the quiet confines of suburbia. Body <br />massage padors are following close behind and becoming <br />increasingly popular in both cities and suburban areas. This <br />issue of ZoningNews discusses the complex issues associated <br />with regulating these businesses. <br /> <br />Tattoo Parlors <br />Tattooing, by definition, refers to the "method of placing <br />designs, letters, scrolls, figures, symbols or any other marks <br />upon or under the skin with ink or any other substance <br />resulting in the coloration of the skin by the aid of needles or <br />any other instruments designed to touch or puncture the skin" <br />(Denver Municipal Code, Ordinance No. 212-97). This art has <br />existed for centuries, but recently its popularity has increased. <br />Want proof?. Watch any professional basketball or football <br />game, or look at any music video and count the number of <br />people donning tattoos. Go to any local mall or college and take <br />notice of arms, shoulders, and legs covered with graphic designs. <br />Tattooing is not limited to the age group between 18 and 25, <br />but it would be safe to assume that it is more prevalent with <br />them than with people over 30. <br /> <br /> aftoo porlor$ ore <br />increasingly locating in <br />suburSan areas where <br />cOmmercial regulations <br /> may be less stringent. <br /> <br /> In the past, tattoos were perceived as a symbol of gang or <br /> club affiliation. That perception may still be accurate, but, <br /> according to a source at the National Tattoo Association, <br /> tattoos are seen as having sex appeal and have become <br /> increasingly popular with women. Following a similar growth <br /> pattern for spandex in the 1980s, tattoo parlors were initially <br /> most poptilar in warmer climates but eventually expanded <br /> throughout the country. Tattoo businesses have also moved <br /> from urban commercial strips to smaller suburban areas. This <br /> growth in smaller municipalities has caused public officials to <br /> rethink their zoning ordinances. <br /> Currently, there is no available estimate concerning the growth <br />number of tattoo establishments. A source at the Professional <br /> <br />Tat'too Artist Guild, a membership organization for tattoo artists, <br />estimated 1,000 percent growth in the industry over the past five <br />years. Although this figure is high, it suggests how fast the industry <br />has grown. Tattoo parlors are increasingly locating in suburban <br />areas where commercial regulations may be less stringent. States <br />regulate the procedures tattoo parlors must follow, but local <br />governments determine where they may locate. Because tattoo <br />establishments provide a service for a fee, they usually are <br />considered commercial enterprises, though some municipalities <br />classify them differently. Because some tattoo parlors offer other <br />services such as body piercing and drug paraphernalia, it is <br /> <br />?/ ) <br /> <br />Prominently placed tattoo signs, like this one in suburban <br />Chicago, can either raise eyebrows or pique curiosity. <br /> <br />common for them to begrouped as adult ~ntertainment uses or <br />required to obtain conditional use permits to operate. <br /> Tattoo parlors traditionally have been co.nsidered an <br />eccentric, exotic type of business. People have a mental image of <br />the shops, the types of patrons they attract, and where they <br />should be permitted. This mental image often overlooks the fact <br />that tattoo parlors face many of the same restrictions as local <br />clinics. Unlike most commercial businesses, tattoo parlors raise <br />medical and hygiene concerns. Because they use needles and <br />razors, tattoo proprietors handle biohazardous waste and pose <br />potential health hazards. <br /> Tattooing is a minor surgical procedure that uses needles to <br />inject ink under the skin's surface. Because the skin is broken, <br />hygiene is a primary concern not only for the customer and <br />shop owner, but for the municipality as well. Local officials <br />must be concerned with the possible transmission of <br />communicable diseases such as hepatitis and human <br />immunodeficiency virus (HIV). Maintaining the idea that <br />tattooing is a surgical procedure, some cities such as Ocean <br />City, Maryland, and Oak Harbor, Washington, prohibit the <br />practice unless it is performed by a licensed physician or <br />osteopath. Oak Harbor's ordinance clearly states that tattooing <br /> <br /> <br />