TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: June 7, 2016
Title
ADOPTION OF RESOLUTION NO. 26-16 ZONING IN PROGRESS WITH RESPECT TO THE ZONING AND LOCATION OF TATTOO STUDIOS
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Recommended Action:
Recommendation
Motion to Approve Resolution No. 26-16
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Background:
This Resolution recognizes “zoning in progress” commencing no later than May 17, 2016 with respect to the preparation and review of proposed amendments to the City’s Land Development Regulations (LDRs) regarding the zoning and location of Tattoo Studios.
The City recognizes the legal precedent established by the recent Florida decision in the case of Buehrle v. City of Key West. This case found that tattooing is a form of artistic expression subject to the First Amendment of the U.S. Constitution and may only be regulated as permitted by law.
This Resolution adopts the pending ordinance doctrine and Florida law with respect to zoning in progress as applied to City’s review of its zoning regulations relating to the location of Tattoo Studios. During the zoning in progress period of up to 90 days, the City will defer the acceptance and processing of applications for Tattoo operations. Staff has been reviewing the subject matter and is preparing revised LDRs to address the zoning and location of Tattoo Studios as required by law.
City Attorney Review:
Approved as to form and legal sufficiency.