S. 39-2023 - Amend 1161.03(Z) and 1161.03(AA) regarding body piercing

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DocuSign Envelope ID: AB341 CEO-D25D-42AB-8338-El FE1A4BE398 1st read & referred to PC and HPD 12/18/23; 2nd reading 1/2/24 ORDINANCE NO. 3 9- 2 0 2 3 Please substitute for the original BY: Baker, Bullock, Kepple, Marx, Rader, Shachner, Strebig AN ORDINANCE amending Subsection 1161.03(Z) and 1161.03(AA) of the Lakewood Codified Ordinances to include body piercing as a conditional use in commercial zones. WHEREAS, Lakewood's Code distinguishes between traditional body art establishments, medical tattooing and cosmetic tattooing but not body piercing; and WHEREAS, body piercing, like medical and cosmetic tattooing does not have the same impact on surrounding properties as traditional body art establishments in that they are located in traditional retail, medical or salon settings and provide these services as a secondary use; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Subsection 1161.03 (AA), Cosmetic and Medical Tattoo Establishments, of the Codified Ordinances of the City of Lakewood, currently reading as follows: (AA) COSMETIC AND MEDICAL TATTOO ESTABLISHMENTS. (1) Cosmetic Tattoo Establishment is defined as a commercial business that uses tattooing techniques to provide semi -permanent cosmetics, microblading, micropigmentation, and similar personal care services and includes but is not limited to the practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re -pigmentation. The use is also commonly known as dermal implantation, microstroking, eyebrow embroidery, and long- time/long-lasting makeup. (2) Medical Tattoo Establishment is defined as a commercial business that uses tattooing techniques to restore existing medically diagnosed skin conditions or a condition resulting in surgery including but not limited to restoring the original skin color by tattooing an area to correct skin pigmentation, to conceal scarring, to correct a tissue alteration such as a lip damaged by a cleft lip, or to reconstruct a mammary areola amputated as a result of a mastectomy. (3) Cosmetic Tattooing and Medical Tattooing do not include other forms of body art such as body piercing or the adornment of the body with letters, images, drawings, or other illustrations and or other illustrations. (4) In a C 1 Office, C2 Retail or C3 General Business District a cosmetic tattoo establishment or medical tattoo establishment, as defined by this section, may be a conditionally permitted use provided that: (a) The cosmetic tattoo or medical tattoo establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code; (b) In addition to the requirements of the Ohio Administrative Code, the cosmetic tattoo or medical tattoo establishment shall only use single -use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single use and shall not autoclave, sterilize or reuse any equipment which is available as a single -use item; (c) Body artists providing cosmetic or medical tattooing must be qualified under the Ohio Administrative Code with not less than three (3) years documentable experience within the last ten (10) years not including any apprenticeship period. Acceptable documentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to