File #: 24-1794    Version: 1 Name:
Type: Action Item Status: Passed
File created: 12/18/2024 In control: Plan Commission
On agenda: 2/10/2025 Final action:
Title: Consideration of a Zoning Text Amendment to Wauwatosa Municipal Code Chapter 24.08 to include tattoo/body art facilities in the definition of a Personal Improvement Service, Bobbie Peters, Image Studios, applicant
Attachments: 1. City of Wauwatosa Request for Change of Zoning Code for 24.08.040 (1) (1), 2. Tattoo establishment zoning ordinance amendment DRAFT.pdf, 3. 12825 public hearing ZTA
Related files: 24-1793, 25-0275

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Consideration of a Zoning Text Amendment to Wauwatosa Municipal Code Chapter 24.08 to include tattoo/body art facilities in the definition of a Personal Improvement Service, Bobbie Peters, Image Studios, applicant

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Submitted by:

Art Piñon

Department:

Development

 

A.                     Background/Options 

The applicant is requesting a Zoning Text Amendment to allow tattoo and body art facilities within the City’s General Commercial (C2) zoning district. Historically, these types of facilities were prohibited as they were not specifically listed as a permitted use in the Zoning Code.

 

Upon reviewing the request and considering similar past proposals, staff recommends a broader amendment that would modify the definition of "Personal Improvement Service" to explicitly include tattoo and body art facilities. This would list tattoo and body art services alongside other personal improvement services such as hair salons, nail salons, and barber shops as permitted uses within commercial zones, including the C2 district.

 

This updated definition would not only facilitate the establishment of tattoo and body art facilities but also support the inclusion of related services, such as permanent makeup and microblading. The proposed change is intended to better align the City’s zoning regulations with updated business trends, while ensuring land use compatibility and maintaining appropriate standards within commercial areas.

 

B.                     Staff Comments

Planning/Zoning Division

The required public hearing was held at the January 28, 2025 Common Council meeting with two people speaking in support of the amendment and no one appearing in opposition.  The Council meeting packet along with video can be found here:

<https://wauwatosacitywi.legistar.com/LegislationDetail.aspx?ID=7105542&GUID=405F8F85-3CF8-4C8C-8109-C8DE2C779577&Options=&Search>=

 

Building Division

No issues from Building Division.

 

City Assessor’s Office

Provide detailed costs of any alterations and/or new construction as well as income & expense as requested by the Assessor’s office

 

City Clerk’s Office

No comments

 

Public Works Department

No comments

 

Engineering Division

No issues.

 

Fire Department

No issues from Fire Department.

 

Health Department

The Health Department has no concerns. A City Ordinance adopting state statutes and administrative rules is currently pending which would allow proper licensing and regulation. Licensing and inspection for these establishments will be required and managed by the Department of Safety and Professional Services.

 

Police Department

No comments

 

C.                     Recommendation

Staff recommends adoption of the suggested code change.