TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning, and Building Director
THROUGH: Donald B. Cooper, City Manager
DATE: June 7, 2016
Title
CITY COMMISSION APPEAL OF THE MARCH 21, 2016 PLANNING & ZONING BOARD SIMILARITY OF USE DETERMINATION FOR TATTOO ESTABLISHMENTS (QUASI-JUDICIAL HEARING)
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Recommended Action:
Recommendation
Consideration of appeal of the March 21, 2016 Planning & Zoning Board Similarity of Use Determination for Tattoo Establishments.
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Background:
On December 29, 2015, the United States Court of Appeals for the 11th Circuit, in Buehrle v. City of Key West (Exhibit A), concluded that tattooing constituted artistic expression protected under the First Amendment of the U.S. Constitution. As protected artistic expression, a municipality may regulate protected artistic expression only if the regulation: (1) is justified without reference to the content of the regulated speech, (2) is narrowly tailored to serve a significant governmental interest, and (3) leaves open ample alternative channels for communication of the information. Effectively, the City of Delray Beach may regulate tattoo studios, parlors, or related uses through reasonable time, place, and manner restrictions with supporting evidence for such restrictions based upon the three criteria.
Currently, Delray Beach’s Land Development Regulations (LDRs) does not specifically list tattoo establishments or related uses as a principal, accessory or conditional use. Therefore, an interpretation was necessary to determine whether or not the use is allowable through the similarity of use process [Sec. 4.3.2(C)(1) and (2)] until such time as the LDRs are amended to include regulations for tattoo establishments.
Pursuant to LDR Section 2.4.5(N)(5), prior to approving a determination of similarity of use request, the Planning and Zoning Board must find that the requested use is indeed similar to a use allowed in the refer...
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