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HomeMy WebLinkAbout003-O-21 Amending Title 6 of the City Code Concerning Tattoo and Body Art Establishment Regulationsi 12/22/2020 3-0-21 AN ORDINANCE Amending Title 6 of the City Code Concerning Tattoo and Body Art Establishment Regulations NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Section 6-18-3, "Definitions" of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 6-18-3. - DEFINITIONS Tattoo €asil+ty---and Body An Any place,exsspt a hospital-eF Establishment: where the act of puncturing the skin and selerG-to- 4orm a pem}aRent desin„ is peFfeFmed to insert iewelry, ink, or other foreian items through, into, or under the skin are performed, in accordance with The Tattoo and Bodv Piercinq Establishment Registration Act (410 ILCS 54) and The Illinois Department of Public Health's Body Art Code (77 III. Adm. Code 797)., regai:dless of whether'a fee is iRvGWed. A salon or other similar facility that engages in minor cosmetic procedures such as microbladinq as an accessory, use shall not be considered a Tattoo and Body Art Establishment for purposes of this Section. 3-0-21 SECTION 2: City Code Title 6, Chapter 4, "General Provisions" of the Evanston City Code of 2012, as amended, is hereby further amended to add the following subsection: 6-4-12. — SPECIAL REGULATIONS PERTAINING TO TATTOO AND BODY ART ESTABLISHMENTS. (A) The purpose of this Section 6-4-12 is to ensure new Tattoo and Body Art Establishments and accessory permanent cosmetics are compatible in character with the surrounding neighborhood or area of the zoning district in which they are located, and to ensure the general health and safety of the community. (B) All facilities, whether Tattoo and Body Art Establishments or accessory permanent cosmetics (i.e., microblading) shall operate in accordance with the Tattoo and Body Piercing Establishment Registration Act (410 ILCS 54) and The Illinois Department of Public Health's Body Art Code (77 III. Adm. Code 797). (C) All facilities, whether Tattoo and Body Art Establishments or accessory permanent cosmetics (i.e., microblading) shall be inspected by the Health & Human Services Department or other regulating body as required to meet State regulations and ensure health and safety of employees and customers. (D) For purposes of Title 6, Zoning Ordinance, accessory permanent cosmetics (i.e., microblading) shall only be a permitted accessory use when less than 20% of the customer floor space of the establishment is devoted to said use and when less than 20% of business operations are devoted to said use. (E) All facilities shall obtain business registration prior to operation. (F) Tattoo and Body Art Establishments shall not operate outside the hours of 10 a.m. — 8 p.m. on any given day. (G) Tattoo and Body Art Establishments as well as accessory permanent cosmetics are not eligible Home Occupations and shall not occur within any dwelling unit or rooming unit. (H) Piercing of the non -cartilage portion of the earlobe by using a piercing gun with a single -use ear piercing system is exempt and is not considered Tattoo and Body Art for the purposes of this Section. IAA 3-0-21 SECTION 3: Subsection 6-12-2-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-12-2-3. - SPECIAL USES. The following special uses may be permitted in the RP district, subject to the provisions set forth in Section 6-3-5 of this Title: Banquet hall. Business or vocational school. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Craft alcohol production facility. Open sales lot. Outdoor storage. Performance entertainment venue. Planned developments (subject to the requirements of Section 6-3-6 of this Title and Section 6-12-1-7 of this Chapter). Resale establishment. Restaurants —Type 2. Tattoo and Bodv Art Establishment (subiect to the General requirements of 6-4-12 of this Title) Urban farm, rooftop SECTION 4: Subsection 6-15-2-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-15-2-3. - SPECIAL USES. The following uses may be allowed in the 01 district, subject to the provisions set forth in Section 6-3-5, "Special Uses" of this Title: Banquet hall. Business or vocational school. -3- 3-0-21 Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Child daycare centers. Commercial indoor recreation. Commercial parking garage. Commercial parking lot. Drive -through facility (accessory only). Dwelling, multiple -family. Media broadcasting station. Open sales lot. Planned development (subject to the requirements of Section 6-15-1-9, "Planned Developments" of this Chapter and Section 6-3-6, "Planned Developments" of this Title). Retail goods establishment. Retail services establishment. Tattoo and Bodv Art Establishment (subiect to the general requirements of 6-4-12 of this Title) Urban farm, rooftop. SECTION 5: Subsection 6-11-2-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-11-2-3. - SPECIAL USES. The following uses may be allowed in the D1 district, subject to the provisions set forth in Section 6-3-5 of this Title: Assisted living facility. Banquet hall. Boarding house. Business or vocational school. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). -4- 3-0-21 Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory or principal). Educational institution —Private. Educational institution —Public. Funeral services excluding on site cremation. Independent living facility. Long term care facility. Neighborhood garden. Open sales lot. Planned development (subject to the requirements of Section 6-11-1- 10 of this Chapter and Section 6-3-6 of this Title). Resale establishment. Retirement home. Retirement hotel. Sheltered care home. Tattoo and Bodv Art Establishment (subiect to the aeneral reauirements of 6-4-12 of this Title) Transitional shelter (subject to the special requirements of Section 6-3- 5-11 of this Title). Urban farm, rooftop. Wholesale goods establishment. SECTION 6: Subsection 6-11-3-4, "Special Uses", of the City Code is hereby further amended to read as follows: 6-11-3-4. - SPECIAL USES. -5- 3-0-21 The following uses may be allowed in the D2 district, subject to the provisions set forth in Section 6-3-5 of this Title: Assisted living facility (when located above the ground floor). Banquet hall. Business or vocational school. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial indoor recreation (at the ground level). Convenience store. Craft alcohol production facility. Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Educational institution —Private. Educational institution —Public. Independent living facility (when located above the ground floor). Neighborhood garden. Open sales lot. Performance entertainment venue. Planned development (subject to the requirements of Section 6-11-1- 10 of this Chapter and Section 6-3-6 of this Title). Religious institution. Resale establishment. Residential care home —Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 2 (excluding drive -through facilities). Tattoo and Bodv Art Establishment (subject to the general requirements of 6-4-12 of this Title) Urban farm, rooftop. SECTION 7: Subsection 6-11-4-3, "Special Uses", of the City Code is 3-0-21 hereby further amended to read as follows: 6-11-4-3. - SPECIAL USES. The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5 of this Title: Apartment hotel. Assisted living facility (when located above the ground floor). Banquet hall. Business or vocational school. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory or principal). Educational institution —Private. Educational institution —Public. Independent living facility (when located above the ground floor). Neighborhood garden. Open sales lot. Performance entertainment venue. Planned development (subject to the requirements of Section 6-11-1- 10 of this Chapter and Section 6-3-6 of this Title). Religious institution. Resale establishment. Residential care home —Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Imo© 3-0-21 Restaurant —Type 2. Tattoo and Bodv Art Establishment (subject to the qeneral requirements of 6-4-12 of this Title) Urban farm, rooftop. SECTION 8: Subsection 6-11-5-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-11-5-3. — SPECIAL USES. The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5 of this Title: Assisted living facility (when located above the ground floor). Banquet hall. Business or vocational school. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial parking garage. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory or principal). Educational institution —Private. Educational institution —Public. Funeral services excluding on site cremation. Independent living facility (when located above the ground floor). Neighborhood garden. Open sales lot. Performance entertainment venue. 3-0-21 Planned development (subject to the requirements of Section 6-11-1- 10 of this Chapter and Section 6-3-6 of this Title). Religious institution. Resale establishment. Residential care home —Category II (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 2. Tattoo and Bodv Art Establishment (subiect to the general requirements of 6-4-12 of this Title) Urban farm, rooftop. SECTION 9: Subsection 6-10-3-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-10-3-3. - SPECIAL USES. The following uses may be allowed in the C1a district, subject to the provisions set forth in Section 6-3-5 of this Title: Animal hospital. Aquaponics. Assisted living facility. Banquet hall. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial outdoor recreation. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Drive -through facility (accessory only). ."m 3-0-21 Dwelling —Multi pl a-fam i l y. Food store establishment. Funeral services excluding on -site cremation. Independent living facility. Long-term care facility. Media broadcasting station. Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to the requirements of Section 6-10-1- 9 of this Chapter and Section 6-3-6 of this Title). Recording studio. Resale establishment. Residential care home —Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Residential care home —Category II (subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 2. Retirement hotel. Sheltered care home. Tattoo and Bodv Art Establishment (subiect to the general requirements of 6-4-12 of this Title) Transitional shelter (subject to the requirements of Section 6-3-5-11 of this Title). Urban farm, rooftop. Wholesale goods establishment. SECTION 10: Subsection 6-10-2-3, "Special Uses", of the City Code is hereby further amended to read as follows: _10- 3-0-21 6-10-2-3. - SPECIAL USES. The following uses may be allowed in the C1 district, subject to the provisions set forth in Section 6-3-5 of this Title: Animal hospital. Aquaponics. Automobile repair service establishment. Automobile service station. Banquet hall. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Car Wash. Commercial outdoor recreation. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Daycare center - Domestic animal. Drive -through facility (accessory or principal). Funeral services excluding on -site cremation. Hotel. Kennel. Media broadcasting station. Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to the requirements of Section 6-10-1- 9 of this Chapter and Section 6-3-6 of this Title). 3-0-21 Resale establishment. Restaurant —Type 2. Tattoo and Bodv Art Establishment (subject to the aeneral requirements of 6-4-12 of this Title). Trade contractor (provided there is no outside storage). Urban farm, rooftop. Wholesale goods establishment. SECTION 11: Subsection 6-10-4-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-10-4-3. - SPECIAL USES. The following uses may be allowed in the C2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Animal hospital. Aquaponics. Automobile body repair establishment. Banquet hall. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Car wash. Commercial parking garage. Commercial parking lot. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2 of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). -12- 3-0-21 Hotel. Kennel. Media broadcasting station. Membership organization. Micro -Distillery. Open sales lot. Payday loan or consumer loan establishment (subject to the distance and general requirements set forth in Section 6-18-3, "Definitions," of this Title under "Payday Loan or Consumer Loan Establishment"). Planned development (subject to the requirements of Section 6-10-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Resale establishment. Restaurant —Type 2. Tattoo and Bodv Art Establishment (subiect to the general reauirements of 6-4-12 of this Title) Urban farm, rooftop. SECTION 12: Subsection 6-9-5-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-9-5-3. -SPECIAL USES. The following uses may be allowed in the B1 a business district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Animal hospital. Aquaponics. Banquet hall. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial indoor recreation. Commercial outdoor recreation. Convenience store. -13- 3-0-21 Craft alcohol production facility. Daycare center —Adult. Daycare center —Child. Daycare center —Domestic animal. Drive -through facility (accessory or principal). Dwelling —Multiple -family. Food store establishment. Funeral services, excluding on -site cremation. Independent living facility. Kennel. Membership organization. Micro -Distillery. Planned development. Public utility. Resale establishment. Restaurant —Type 2. Tattoo and Bodv Art Establishment (subject to the general requirements of 6-4-12 of this Title) Trade contractor (provided there is no outside storage). Urban farm, rooftop. Uses permitted pursuant to Section 6-9-5-2 of this Chapter and this Section exceeding twenty thousand (20,000) square feet. Vocational training facility. SECTION 13: Subsection 6-9-3-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-9-3-3. - SPECIAL USES. The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: -14- 3-0-21 Animal hospital. Aquaponics. Assisted living facility. Banquet hall. Boarding house. Business or vocational school. Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial indoor recreation. Commercial outdoor recreation. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title). Daycare center —Child (subject to the general requirement of Section 6-4-2, "Child Daycare Homes," of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). Dwelling —Multiple -family. Food store establishment. Funeral services excluding on -site cremation. Independent living facility. Kennel. Long-term care facility. Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to the requirements of Section 6-9-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). -15- 3-0-21 Public utility. Resale establishment. Residential care home —Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Res*de„tial Child Residential Care Homes," of this Title). Restaurant —Type 2. Retirement home. Retirement hotel. Sheltered care home. Tattoo and Bodv Art Establishment (subiect to the qeneral requirements of 6-4-12 of this Title) Trade contractor (provided there is no outside storage). Transitional treatment facility —Category III (subject to the requirements of Section 6-4-5, "Transitional Treatment Facilities," of this Title). Urban farm, rooftop. Uses permitted pursuant to Sections 6-9-3-2 of this Chapter and this Section exceeding twenty thousand (20,000) square feet. SECTION 14: Subsection 6-9-4-3, "Special Uses", of the City Code is hereby further amended to read as follows: 6-9-4-3. - SPECIAL USES. The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Animal hospital. Aquaponics. Assisted living facility. Automobile service station. Banquet hall. Boarding house. Business or vocational school. -16- 3-0-21 Cannabis Dispensary (subject to the general requirements of Section 6-4-11 of this Title). Commercial outdoor recreation. Commercial parking lots. Convenience store. Craft alcohol production facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title). Daycare center —Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title). Daycare center —Domestic animal. Drive -through facility (accessory or principal). Dwelling —Multiple -family. Food store. Funeral services excluding on -site cremation. Independent living facility. Kennel. Long-term care facility. Membership organization. Micro -Distillery. Open sales lot. Planned development (subject to the requirements of Section 6-9-1-9, "Planned Developments," of this Chapter and Section 6-3-6, "Planned Developments," of this Title). Public utility. Recording studio. Religious institution. Resale establishment. 17- 3-0-21 Residential care home —Category II (subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title). Restaurant —Type 2 (excluding accessory drive -through facilities). Retirement home. Retirement hotel. Sheltered care home. Tattoo and Bodv Art Establishment (subiect to the qeneral requirements of 6-4-12 of this Title) Trade contractor (provided there is no outside storage). Transitional shelters (subject to the requirements of Section 6-3-5-11, "Additional Standards for a Special Use for Transitional Shelters," of this Title). Transitional treatment facility —Category III (subject to the requirements of Section 6-4-5, 'Transitional Treatment Facilities," of this Title). Urban farm, rooftop. SECTION 15: Subsection 6-15-14-7, "Active Ground Floor Uses", of the City Code is hereby further amended to read as follows: 6-15-14-7. — ACTIVE GROUND FLOOR USES. Allowed In: 131 A 01 (Subarea 3) C2 (Subarea 7) (Subareas USES: 4, 5, and 6) Tattoo & Bodv Art S S S Establishment SECTION 16: Subsection 6-15-10-7, "Special Uses", of the City Code is hereby further amended to read as follows: a1z 3-0-21 6-15-10-7. - SPECIAL USES. The following uses may be allowed in the off district subject to the general provisions set forth in Section 6-3-5 of this Title, and the special provisions contained herein: Any expansion or change in a hospital service or program causing the average number of patients treated daily at such hospital as reported in the current annual hospital report to exceed by ten percent (10%) the average daily number of patients treated in 1978: Evanston Hospital, 1070; St. Francis Hospital, 702. Any new construction that constitutes a physical expansion to the gross floor area of any hospital building. Cannabis Dispensary (subject to the general requirements of Section 6- 4-11 of this Title). Clinics, provided they shall not be used for the private, for -profit practice of medicine. Commercial parking garage. Daycare centers - adult (subject to the general requirements of Section 6-4-3 of this Title). Daycare centers - child (subject to the general requirements of Section 6-4-2 of this Title). Heliports (hospital). Private utility substations and transmission facilities. Short-term residential facilities operated by a hospital. Staff examination rooms provided they shall not be used for the private, for -profit practice of medicine. Tattoo and Bodv Art Establishment (subiect to the general requirements of 6-4-12 of this Title) SECTION 17: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 18: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect _19- 3-0-21 without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable 3-0-21 shall be in full force and effect after its passage and approval. SECTION 19: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: January 11 , 2021 Approved: Adopted: January 25 1 2021 Attest: Devon Reid, City Clerk February 1 2021 Stephen H. Hagerty, Mayor Approv ed as to form: Kelley A. Gandurski, Corporation Counsel -20- DRAFT- NOT APPROVED -_yam MEETING MINUTES EXCERPT Ciryof PLAN COMMISSION Evanston Wednesday, December 9, 2020 7:00 P.M. Virtual Meeting through Zoom Platform Members Present: Peter Isaac (Chair), Jennifer Draper, George Halik, John Hewko, Jeanne Lindwall, Kristine Westerberg Members Absent: Brian Johnson, Staff Present: Johanna Nyden, Community Development Director Meagan Jones, Neighborhood and Land Use Planner Judy Frydland, City Attorney Presiding Member: Chair Isaac 1. CALL TO ORDER / DECLARATION OF QUORUM Vice -Chair Lindwall called the meeting to order at 7:02 P.M. Ms. Jones called the roll and a quorum was established. 2. SUSPENSION OF THE RULES Members participating electronically or by telephone Commissioner Lindwall made a motion to suspend the rules to allow for electronic or telephone participation. Seconded by Commissioner Draper. A roll call vote was taken and the motion passed, 6-0. 5. NEW BUSINESS A. Text Amendment —Tattoo Facility 20PLND-0065 City initiated Text Amendment to the Zoning Ordinance, Title 6 of the City Code, to consider modification to the definition of Tattoo Facility (Section 6-18-3) and establish eligible zoning districts for such facilities (Section 6-9 through 6-15). Ms. Jones provided a brief overview of the proposed text amendment. Chair Isaac opened the hearing to questions from the Commission. Page 1 of 5 Plan Commission Minutes 12/9/20 DRAFT- NOT APPROVED Commissioner Lindwall asked why staff felt that this should be a special use as opposed to a permitted use. Ms. Jones responded that part of the reason goes back to some of the perception and history of the use. Although more widely accepted, if the use is a special use, there could be conditions placed on a special use permit as needed on a case by case basis for things such as business operating hours. This also parallels how Cannabis businesses are regulated. Commissioner Westerberg asked if staff thought of more limitations on which districts the use could operate in and why staff felt this use could be more widespread. Ms. Jones responded that since this is proposed to be a special use, it provides for more review and possible conditions placed on a case by case basis so staff felt this opened it up to be allowed in additional districts. She then noted that it would not be allowed within the B1 Business District which is a smaller more neighborhood -centered district. Commissioner Draper asked for confirmation that the proposed districts are the same as those which permit Cannabis related businesses. Ms. Jones confirmed this is the case. Chair Isaac opened the hearing to questions and comments from the Public. Mr. Dustin Golden, a tattoo artist and shop owner, described his business saying he has tattooed may Evanston residents who alerted him that there is no zoning that allows a shop in town. He added that he is available for any questions the Commission may have. Commissioner Lindwall asked what a person would see at a typical Tattoo Facility. Mr. Golden replied, describing the exterior features of signage, some lighting, and an open appearance. Commissioner Halik asked what the typical hours of operation are. Mr. Golden responded that his typical hours are between 11:00 AM and 7:00 PM which he thinks would work in Evanston. He mentioned that people who are looking for quality tattoos tend to come during the day with some exceptions. Commissioner Halik then asked if tattoos are done by appointment and Mr. Golden confirmed that this is the case, especially while in the pandemic. Commissioner Hewko asked, pre-Covid, what typical traffic for these facilities was. Mr. Golden responded typically there will be 15 to 40 customers in a day. This increases to 50 to 70 per day if body piercing is included in the business operations. Chair Isaac then asked how many people may be in the space at a given time. Mr. Golden replied 8 to 10 people depending on the number of employees. Commissioner Hewko asked if he anticipates this level of activity in Evanston. Mr. Golden stated that he thinks there will be a similar level of activity The Commission then began deliberations. Page 2 of 5 Plan Commission Minutes 12/9/20 DRAFT- NOT APPROVED Commissioner Halik stated that he has tattoos and is surprised Evanston as a University town, does not have any locations. He continued, explaining that the hours of operation are key, repeating Mr. Golden's statement that customers looking for quality tattoos typically come during the day and he proposed that the hours be limited to no later than 7:00 PM and opening times do not matter as much. Commissioner Lindwall stated that hours of operation can be specified as part of the Special use on an establishment by establishment basis. Commissioner Halik responded that he agreed but it is good to have a timeframe established as a guide. Chair Isaac stated if the key is hours of operation then making that known before a time consuming Special Use process begins makes sense. He suggested that 8:00 PM or 9:00 PM does not seem too late, however, once the time gets past 9:00 or 10:00 PM, that begins inviting people to make decisions in an altered state. Commissioner Halik asked what the typical closing hours are for businesses in the downtown districts. Ms. Jones responded that it depends on the type of establishment. It varies between 8:00 and 10:00 towards the early end of that time. Ms. Nyden added that generally businesses close around 7:00 or 8:00 PM and that many times businesses do not want to be the lone business that is open later and City staff has encouraged businesses to work together for a shopping experience that may go later into the evening. Ms. Jones stated that the head of the Main -Dempster Mile stated that around the holidays, businesses may stay open later; perhaps around 9:00 PM. Typically businesses will not be open after 7:00 PM. Chair Isaac then asked if staff had a recommendation on hours of operation. Ms. Frydland stated that usually with a Special Use, specific terms such as hours of operation, or security requirement are included within the special use permit. Staff may also decide to state specific hours for this use within the Zoning Ordinance. Commissioner Draper replied that the ordinance could state, for example, hours between 10:00 AM and 10:00 PM but then the Special Use could be more restrictive. Commissioner Halik stated that he is ok with setting parameters, emphasizing the closing time, and recommended 8:00 PM be the end time for business operations. Chair Isaac asked the Commission their thoughts on where the proposed use would be permitted as a Special Use. Ms.. Jones provided a map and stated that typically commercial areas will be along major thoroughfares. Chair Isaac confirmed that Tattoo Facilities are proposed to be a permitted use in just about all of the Commercial Business districts. Ms. Jones confirmed this is the case with the exception of the B1 district which is more of a neighborhood business district Page 3 of 5 Plan Commission Minutes 12/9/20 DRAFT- NOT APPROVED Commissioner Hewko asked what has changed over the years that is now making tattoo facilities a use that staff is willing to add regulations for and allow and if there has been any demand for this use. Ms. Nyden explained that there have been inquiries from existing businesses on the ability to have a tattoo/piercing facility in Evanston as they believe it may bring customers to the business districts. Additionally the perception has changed which is noted in how tattoos are now often referred to as body art and is seen as an expression of self-identity. The body piercing aspect is a matter of safety as the common use of piercing guns is not as sanitary as what is done in tattoo and piercing businesses. A safe option would be good to have in Evanston. Commissioner Draper mentioned that a tattoo parlor recently opened in Skokie along Dempster Street and the use is viewed differently than it has been in the past. Cleanliness and lighting has helped in that perception. She then suggested changing "accessory tattooing" to something more general as is done in some other communities, so that it can still address the use regardless of potential name or trend changes (i.e. Microblading). A brief discussion followed on possible alternative phrases such as permanent cosmetics or dermal pigmentation Commissioner Westerberg inquired about putting a limit on the number of tattoo facilities that are allowed to operate as is done in Skokie. Ms. Jones responded that staff believes that while there is a demand for this type of use, the market will ultimately regulate the number of facilities that open. Ms. Frydland suggested that allowing the use as a Special Use may aid in limiting the number of this type of establishment. Chair Isaac suggested that this could be similar to how liquor licenses are handled which would not be under the Commissioner purview. He stated that he did not think these establishments should be regulated the same as cannabis or alcohol related businesses. Ms. Nyden added that staff does not want to give the appearance that permitting this use would create a huge amount of businesses wanting to open as many people would likely continue to go to their preferred artist, limiting demand within Evanston. The Commission then reviewed the standards for approval of the text amendment and determined the standards had been met. Commissioner Halik made a motion to recommend approval of the text amendment as presented by staff. Seconded by Commissioner Lindwall. Commissioner Halik made a motion to amend the original motion to include changing the phrase "accessory tattooing" to a more general term as discussed and limiting the hours of operation for the facilities from 10:00 AM to 8:00 PM. Seconded by Commissioner Westerberg. A roll call vote was taken on the amendment to revise the phrase "accessory tattooing" as discussed by the Commissioner. The motion passed, 6-0. Page 4 of 5 Plan Commission Minutes 12/9/20 DRAFT- NOT APPROVED Ayes: Draper, Halik, Hewko, Lindwall, Westerberg, Isaac Nays: A roll call vote was taken on the amendment to limit the hours of operation from 10:00 AM to 8:00 PM. The motion passed, 5-1. Ayes: Halik, Hewko, Lindwall, Westerberg, Isaac Nays: Draper A roll call vote was taken and the motion as amended was approved, 6-0. Ayes: Draper, Halik, Hewko, Lindwall, Westerberg, Isaac Nays: Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department Page 5 of 5 Plan Commission Minutes 12/9/20