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Planning commission backs zoning change to allow tattoo and body-modification shops in East Davenport
Summary
The Davenport Planning and Zoning Commission voted Aug. 4 to forward ORD26-02 to city council recommending an amendment to permit body-modification establishments by right in the CV (East Davenport) zoning district. Staff cited a mostly occupied commercial node and enforcement that was suspended to allow the rezoning process.
The Davenport City Planning and Zoning Commission voted Aug. 4 to forward ordinance case ORD26-02 to the city council with a recommendation to allow body-modification establishments — including tattooing and nonmedical piercing — by right in the CV (Village of East Davenport) zoning district.
Staff explained the change was prompted after enforcement letters required two existing businesses to cease operations while the ordinance amendment was pursued; enforcement has been suspended while the rezoning process proceeds. City staff said the Iowa Department of Inspections and the Scott County Health Department regulate licensing and permitting for these businesses and are not obligated to notify the city when they open, which led to the city discovering the establishments after they began operations.
"Staff counted 57 total tenant spaces in the village, 49 of which were occupied," staff member Matt said, noting an approximately 86% occupancy rate and that the East Village is designated a commercial node in the city's future land-use map. Staff also described the CV district and its master-plan goals — preserving a small-scale, pedestrian-friendly, historic character — and said the proposed text amendment is consistent with the comprehensive plan and does not significantly impact public health, safety or welfare as written.
Tom Pasternak, attorney for the petitioners, told commissioners his clients believe the five criteria for a zoning-text amendment have been met and asked the commission to forward the amendment to council for approval. The chair made the motion to forward the case; the motion was seconded and carried on a roll call vote of commissioners present.
Why it matters: Allowing body-modification establishments by right in the CV district changes which businesses can open without seeking individual variances or special permits. The city staff noted the amendment reflects a change in development trends and would reduce the chance that local businesses operate without the city’s prior knowledge.
The case will next go to city council with staff-recommended findings and the commission's recommendation for approval.
