Princess Anne amends tattoo ordinance; next is BZA approval

Supporters of applicant critical of Town Commissioners for taking so long

Posted 1/31/22

PRINCESS ANNE — An ordinance that regulates tattoo parlors in Princess Anne was unanimously amended by the Town Commissioners who afterwards were criticized for taking so long.

During …

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Princess Anne amends tattoo ordinance; next is BZA approval

Supporters of applicant critical of Town Commissioners for taking so long

Posted

PRINCESS ANNE — An ordinance that regulates tattoo parlors in Princess Anne was unanimously amended by the Town Commissioners who afterwards were criticized for taking so long.

During January's special legislative session  the mandate that a physician or osteopath be onsite was stricken from the law while requirements such as CPR and first aid licensure were added.

A permit will be required from the town, but commissioners ultimately decided against imposing a fee.
Tattoo operators are allowed to work in General Commercial C-2 districts only — and that’s after obtaining a special exception from the Board of Zoning Appeals.

That part of the law is unchanged and a process the Town Commissioners cannot override or jump over, said their attorney Paul Wilber.

“That’s completely separate,” Mr. Wilber said, “a totally different area,” and recommended tattoo shop operator Robert West start the zoning appeals process right away so a public hearing can be scheduled while the ordinance sits for the required 20 days before it becomes effective.

Once an application for the hearing is received Town Manager Clayton Anderson said he would contact the BZA members and schedule a meeting which would be advertised.

The BZA could add conditions along with its approval that would also have to be met, he said.

Mr. West has been ready to open his tattoo shop in the Princess Anne Village shopping center since late last summer. The request to change the law was made in open session at the September town meeting, and was on the agenda for second reader Jan. 3 but that meeting was canceled due to snow and rescheduled for the 19th.

The process to amend an ordinance went through its usual paces for municipal government, with work sessions and a first reading held. However, those who supported the changes derided the pace and what they said was the commissioners’ lack of urgency when a small business owner was held in limbo for so many months.

Monica Lynn said Mr. West “has waited five months” and been very patient as the town “asked a whole lot from him.” She said when the process started her advice to Mr. West was “to hire a bulldog attorney because they’re going to drag it out and drag it out.”

While Commissioner Joey Gardner also felt that this issue had been “kicked down the road,” Vice President Garland Hayward disagreed and took offense to the remarks.

He said the commissioners meet once a month, and this was a major change to an ordinance. “I don’t think it’s been kicked down the road, I think it’s been going through the administrative process,” he said, adding that he takes offense to being told this was purposely dragged out.

“The federal government moves faster than this,” Ms. Lynn said, “and that’s saying something.” “It should not take this long.” She added the ordinance wasn’t even available at the time the meeting was in progress and a staff member had to make copies to hand out, something Mr. Anderson took responsibility for.

Ms. Lynn said she appreciates the approval of the amended law, “but this needs to be taken care of, it’s not fair.” “It shouldn’t be like this.”

Lynn Powell went further, saying it’s been hard to attend these meetings and not speak up. She said to the commissioners that even those who are retired they have an income coming in while Mr. West has not.

“He is a constituent, with no income all this time. He hangs on, he hangs on, he hangs on. No, this is not fair, this is not supposed to work this way.” “This is not looking after the welfare of the people who live here, and the people who want to move here.”

Ms. Powell said Mr. West should not need an attorney for something this simple, “yet here we are.” “I just have to say how I feel. No income, and no concern.”

Mr. West said he wonders why he was allowed to go through the process of getting a business license, yet not able to open. Commissioner President Lionel Frederick said it’s now a zoning matter, and expressed having a similar experience with zoning. “Hopefully they’ll approve it in your favor,” he said.

The town manager said the permit paperwork for the facility and operator would be available as Mr. West enters in what he hopes will be the final step with BZA approval.

While the makeup meeting was advertised as an open session, due to concerns about rising COVID-19 cases Mr. Frederick changed it to virtual and that was posted on the town's Facebook page with a “Go To Meeting” link included where the public could view and type in comments or questions.

There were two seats for the public in the Town Hall meeting room and at one time five people were present with resident Warner Sumpter the last to arrive.

Mr. Frederick complained about the room being over capacity and that the meeting was to be closed and online only and despite Mr. Gardner saying everyone could stay the retired brigadier general left without comment.

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