(a)

No tattoo, branding, or body piercing business, as defined in section 24-592 of this article, shall be permitted in any zoning district other than M-1 (Light manufacturing district), and M-2 (General manufacturing district).

(b)

No tattoo, branding or body piercing business, as defined in section 24-592 of this article, shall be permitted within 500 feet of:

(1)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(2)

A public or private educational facility, including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, middle schools, high schools, vocational schools, private schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(3)

A boundary of a residential district as defined in this Code;

(4)

A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, golf course, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

(5)

A public library;

(6)

An area that has been designated as an historic area by the city, county or state;

(7)

The property line of a lot devoted to a residential use as defined in this Code; or

(8)

An entertainment business which is oriented primarily toward children or family entertainment.

(c)

No tattoo, branding or body piercing business, as defined in section 24-592 of this article, shall be permitted within 1,000 feet of another tattoo, branding or body piercing business.

(d)

No tattoo, branding or body piercing business, as defined in section 24-592 of this article, shall be permitted in the same building, structure, or portion of any other tattoo, branding or body piercing business.

(e)

For the purpose of subsection (b) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a tattoo, branding or body piercing business is conducted, to the nearest property line of the premises of a use listed in subsection (b). Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(f)

For purposes of subsection (c) of this section, the distance between any two tattoo, branding or body piercing businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(g)

Any tattoo, branding or body piercing business lawfully operating on the effective date of this article, that is in violation of subsection (a) through (f) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more tattoo, branding or body piercing businesses are within 1,000 feet of one another and otherwise in a permissible location, the tattoo, branding or body piercing business which was first established and has continually operated at a particular location is the conforming use and the later established business(es) is/are nonconforming.

(h)

A tattoo, branding or body piercing business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the tattoo, branding or body piercing business license, of a use listed in subsection (b) of this section within 500 feet of the tattoo, branding or body piercing business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(Ord. No. 682, art. I, 1-2-02)

As used in this article:

Body piercing means the perforation of human tissue other than an ear for a nonmedical purpose.

Branding means a permanent mark made on human tissue by burning with a hot iron or other instrument.

Tattoo means one or more of the following:

(1)

An indelible mark made upon the body of another individual by the insertion of a pigment under the skin.

(2)

An indelible design made upon the body of another individual by production of scars other than by branding.

(Ord. No. 682, art. I, 1-2-02)