Fairhope, Alabama
PLANNING COMMISSION ACTS
After a lengthy discussion, the Planning and Zoning Commission voted to recommend approval of a new zoning ordinance limiting certain businesses to the "heavy commercial/industrial areas" of Greeno Rd.
"Body Piercing studios, palm readers, pawn shops, loan stores, and tattoo parlors ... shall not be located within 275' of residentially zoned areas, places of worship, schools, the central business district or public parks ... permitted subject to appeal to Board of Adjustments ... may be subject to special conditions as well ... ."
Currently, there is no mention of such businesses in the city's zoning laws.
(Publisher's Note: Last summer (click) the city council passed restrictions on "sexually oriented adult businesses"; strip clubs, novelty shops, escort agencies, etc.)
MAN O WAR OBJECTS
Even though his pre-existing business will be "grandfathered-in" and not immediately affected by the new restrictions (unless he ceases business for 180 days) Kevin Black, the owner of the only such existing business (Man O War Tattoo, 319 Fairhope Ave. next to the Eastern Shore Courier building), objected on "principle and personal" grounds.
Black: "I disagree with this ... on principle alone and specifically in regards to restricting my business and its future prospects."
Black argued he has seen no factual evidence contemporary tattoo-art shops like his cause harm to neighborhoods -- and asked the commission to provide some if they could. Commission members cited no specific evidence but noted other local towns have found reason to restrict such activities as well: Gulf Shores, Orange Beach, Daphne, Spanish Fort, etc.
Black said his main fear was that since he leases his shop, the new restrictions could cause future difficulties with the landlord/owner of the building, particularly concerning rent. He added the grandfather clause would not apply to him personally in the event of damage by hurricanes, since he doesn't own the property.
ASKS FOR EXEMPTION
Black doubted his business could be successful anywhere else and called the proposed restrictions "simply unfair"-- then asked the commission to consider exempting his "thriving" business at its current downtown location from the ordinance.
Black: "Specifically, I request our business ... be exempted from the restrictions going forward ... to allow us to exist in the city ... be part of its culture ... this could definitely put that at risk."
Commission member George Roberbs warned that specifically exempting a business from a zoning ordinance may set a dangerous legal precedent.
Roberbs: "If we did what you are suggesting ... have to do it for all businesses ... to level the playing field ... might as well throw zoning out ... ."
PASSES WITH RESERVATIONS
After Commissioner Fidler's proposal failed (to allow the businesses in the central business district, but increase the required distance from residential areas elsewhere from 275 to 1000 ft) -- the proposed ordinance passed unanimously; but Commission Chairman Lee Turner suggested the city council may want to reconsider parts of it.
Turner: "I support the ordinance ... but don't see why we couldn't allow these types of businesses ... in the central business district ... with the Board of Adjustment's approval."
"If the city council wants to reconsider this ... I don't see a problem with that ... prefer where it is ... to Greeno Rd."
Mayor Kant said the main reason for restricting them now from the central business district was due to the lack of architectural and design controls there.
Kant: "... we don't have any design controls (central business district) ... pay stores ... fast cash ... all the bright pink or blue ... or whatever ... these would open up all over the place ... until we can get some architectural controls in place ... we don't have a say when they put a building in."
CITY COUNCIL TO DECIDE
The city council will consider the Planning Commission's recommendations at an upcoming meeting.
PLANNING COMMISSION ACTS
After a lengthy discussion, the Planning and Zoning Commission voted to recommend approval of a new zoning ordinance limiting certain businesses to the "heavy commercial/industrial areas" of Greeno Rd."Body Piercing studios, palm readers, pawn shops, loan stores, and tattoo parlors ... shall not be located within 275' of residentially zoned areas, places of worship, schools, the central business district or public parks ... permitted subject to appeal to Board of Adjustments ... may be subject to special conditions as well ... ."
Currently, there is no mention of such businesses in the city's zoning laws.
(Publisher's Note: Last summer (click) the city council passed restrictions on "sexually oriented adult businesses"; strip clubs, novelty shops, escort agencies, etc.)
MAN O WAR OBJECTS
Even though his pre-existing business will be "grandfathered-in" and not immediately affected by the new restrictions (unless he ceases business for 180 days) Kevin Black, the owner of the only such existing business (Man O War Tattoo, 319 Fairhope Ave. next to the Eastern Shore Courier building), objected on "principle and personal" grounds.Black: "I disagree with this ... on principle alone and specifically in regards to restricting my business and its future prospects."
Black argued he has seen no factual evidence contemporary tattoo-art shops like his cause harm to neighborhoods -- and asked the commission to provide some if they could. Commission members cited no specific evidence but noted other local towns have found reason to restrict such activities as well: Gulf Shores, Orange Beach, Daphne, Spanish Fort, etc.
Black said his main fear was that since he leases his shop, the new restrictions could cause future difficulties with the landlord/owner of the building, particularly concerning rent. He added the grandfather clause would not apply to him personally in the event of damage by hurricanes, since he doesn't own the property.
ASKS FOR EXEMPTION
Black doubted his business could be successful anywhere else and called the proposed restrictions "simply unfair"-- then asked the commission to consider exempting his "thriving" business at its current downtown location from the ordinance.
Black: "Specifically, I request our business ... be exempted from the restrictions going forward ... to allow us to exist in the city ... be part of its culture ... this could definitely put that at risk."
Commission member George Roberbs warned that specifically exempting a business from a zoning ordinance may set a dangerous legal precedent.
Roberbs: "If we did what you are suggesting ... have to do it for all businesses ... to level the playing field ... might as well throw zoning out ... ."
PASSES WITH RESERVATIONS
After Commissioner Fidler's proposal failed (to allow the businesses in the central business district, but increase the required distance from residential areas elsewhere from 275 to 1000 ft) -- the proposed ordinance passed unanimously; but Commission Chairman Lee Turner suggested the city council may want to reconsider parts of it.
Turner: "I support the ordinance ... but don't see why we couldn't allow these types of businesses ... in the central business district ... with the Board of Adjustment's approval."
"If the city council wants to reconsider this ... I don't see a problem with that ... prefer where it is ... to Greeno Rd."
Mayor Kant said the main reason for restricting them now from the central business district was due to the lack of architectural and design controls there.
Kant: "... we don't have any design controls (central business district) ... pay stores ... fast cash ... all the bright pink or blue ... or whatever ... these would open up all over the place ... until we can get some architectural controls in place ... we don't have a say when they put a building in."
CITY COUNCIL TO DECIDE
The city council will consider the Planning Commission's recommendations at an upcoming meeting.
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