The Newport Board of Commissioners is considering zone text amendments allowing tattoo shops in parts of the city.
Newport Planning and Building Director Brian Steffen spoke on the text amendment that would allow the studios in the city, which he said are considered a protected business class and is a First Amendment issue.
“The legal department, Mr. Hayden (assistant city manager), Mr. Fromme (city manager) and I did a bunch of research into case law across the country on tattoo studios,” Steffen said. “Currently, the city of Newport does not have a zone that they are permitted to locate.”
Steffen said they found three cases that deemed tattooing a fully expressive activity and protected by the First Amendment, meaning the city can’t ban them.
The zone the city identified as a permitted use is essentially the area of Newport on the Levee. Steffen said that out of an abundance of caution, the city also looked into permitting them in the Central Business District Zone, mostly Monmouth Street, as a conditional use permit, which would require the board of adjustment’s approval.
“The concern would be is that permitting them only at Newport on the Levee would still leave this open to legal challenge,” he said.
The conditions by which the board of adjustment would review applicants for the central business district are as follows:
- There must be a 1,000-foot distance requirement between tattoo studios.
- They must be located on the first floor of an existing commercial building.
- They must be located within their own tenant space.
- Any tattooing or body modification would be shielded from the public’s view.
- Limiting the operating hours between 8 a.m. and 8 p.m.
Newport resident and tattoo artist Erin Blaney said she aims to open her own tattoo studio in the city but felt some of the requirements would restrict that.
“I’m currently working at a tattoo studio in Florence, but I’ve had the dream of opening up my studio here for some time now,” Blaney said. “I would love to be able to bring more art and creativity to the community.”
Blaney said she found the perfect space on Monmouth Street for her “small salon-style studio,” but it would be located on the third floor, not the first, as required in the text amendment.
“My takeaway from the planning and zoning meeting was that it would be hidden from the street view, so I thought, you know, the third floor would be great,” Blaney said. “So, I am a little confused about the ordinance being about the first floor because that would definitely limit the potential options for spaces that one could open a studio.”
Part of the text amendment for the shops also includes language from the state statute about the health department and requirements for certification of the studio and the artists. Along with a license from the Northern Kentucky Health Department (which also requires city approval), the business needs a city occupational license.
Steffen said the city received a lot of requests to locate the shops in the city’s residential zones. He said residential zones allow for service establishments like delis, corner stores and hair salons to a degree, but they felt tattoo shops were inappropriate for that zone.
“Essentially, you wouldn’t be walking from your home to get a tattoo,” he said. “These are people that are going to be driving here, parking, and being there for several hours, and it’d be a lot of turnover with them.”
Erin Blaney’s brother and Newport resident, Mike Blaney, spoke at the meeting to support allowing the businesses to be located in residential zones.
“I don’t think there’s enough people in Newport constantly getting married to be walking to a bridal store which is allowed in a residential area,” Mike Blaney said. “So, if this reasoning that we can’t have these businesses because people aren’t walking to them, I think that would be hypocritical to keep that.”
Before coming before the city commission, the Newport Planning and Zoning Commission approved the zone amendments on Jan. 23. The city commission will take a vote at its March 25 meeting.
