VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
OCTOBER 16, 2006
CALL TO ORDER
Village President Hansen called the meeting to order at 7:00 p.m.
ROLL CALL
In attendance: Village President John Hansen, Trustees Paul Shoemaker, Dale Berman, Linda Mitchell, Mike Herlihy, Mark Gaffino, Max Herwig. Staff in attendance: Sue McLaughlin, Bill Hannah, DeWayne Williams, Mike Glock, Jim Bibby, Tom Fetzer and Mark Bozik.
AUDIENCE COMMENTS
None
DISCUSSION ON TWO (2) ORDINANCES RE: TATTOO REGULATIONS
Atty. Drendel mentioned that tattoo parlors are not listed under any zoning category in the Village’s zoning ordinance. Without this listed, anyone could come in and seek a use in any zoning category and the Village would have to process it and make a determination on nothing other than the general zoning principals. Atty. Drendel noted that the Plan Commission had a hearing. The proposal is that tattoo parlors be added as a special use to I1 (Section 17.40.020). DeWayne Williams said that staff would now recommend that be changed to Section 17.40.040, which is more restricted. Williams said will also change item 17 to read, “Tattoo and/or body piercing establishments as an adult use”. This will further limit the business to greater setbacks. Trustee Berman said he didn’t think tattoo parlors needed to be relegated to a back street location. Trustee Herwig agreed. Trustee Mitchell said that tattoos are more socially common place these days. Trustee Gaffino agreed. Trustee Shoemaker said that a tattoo parlor does not have the stigma it used to. Mitchell said the most important thing is whether or not the Village can have any regulatory effect on it as far as the sanitation. Herwig asked if Chief Fetzer would foresee any police problems with tattoo parlors. Chief Fetzer said he has never had a problem with this type of business. Trustee Herlihy said tattoo parlors should be identified and should be positioned where the Village at least has the chance to review it so that they do not end up in a location that will conflict with an adjacent activity. I3 places the business in a location where there is I3 zoning and where there will not be any apparent conflicts on the surface. Herlihy said if the Village does nothing the Village will approve the appearance of this business in strip malls or any other location. Mitchell said tattoo parlors could be in business zoning. Sue McLaughlin asked about a special use in terms of regulating the hours of operation. Herwig asked if the Village could control this type of business with a license. Atty. Drendel said the tattoo ordinance is a licensing ordinance. Herwig said the license could be pulled if illegal activity takes place. Atty. Drendel said it would not be as easy as taking away a liquor license, but if there was an egregious violation of the license and a legitimate exercise of the police power, the Village has the right to take the license away. Village President Hansen said his concern was the possibility of a tattoo parlor next to a preschool. Herlihy said that I3 requires an adult use business to be at least 1000 feet from any residence, residential zone, public or private parochial school, park, church, playground, etc. If someone wants to put one somewhere else, they can always ask for it. Herlihy said he suggested I3 because the Village has some I1 zoning adjacent to residential and B1 and there could be some conflict. Mitchell said she did not view tattoo parlors in the same category as adult use. McLaughlin said that the business could not simply ask for a change to another zoning. The zoning code would have to be amended. Atty. Drendel said the Board could create a special use in a B2 district and create conditions to that particular special use. Trustee Berman said it comes down to management of these operations that is most important and the Village’s control of the businesses. Mitchell suggested having this in a business zoning as a special use rather than industrial. Atty. Drendel said the zoning would be B3. Atty. Drendel said there are changes being proposed to the tattoo regulation ordinance. It would use the same definition for both the zoning and the tattoo ordinance. The Village is changing the definition to adopt the definition in the statute that deals with tattooing. The statute has been changed and now deals with tongue splitting, therefore, a definition for that has been added. Also added is a provision that states that one has to be a licensed doctor or dentist to perform tongue splitting. In Chapter 5.36.130 the age has been lowered from 21 to 18 in the statute. Atty. Drendel said he added in the language to the Village’s ordinance out of the statute regarding the waiver/consent form that has to be signed. Atty. Drendel said he would rewrite the ordinance to note B3. First ordinance (Ordinance Amending Title 17 (Zoning) of the North Aurora Municipal Code Regarding Tattoo and Body Piercing Establishments) to be placed under New Business. Second ordinance (Ordinance Amending Chapter 5.36 of the North Aurora Municipal Code Regarding the Licensing of Tattoo and Body Piercing Establishments and Operators in the Village of North Aurora) to be placed under the Consent Agenda.
2.
