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Municipalities scramble to ink tattoo ordinances
By Jessica Johnson
Contributing Writer
Charles and Holly Gamblin waited for years to open their tattoo studio. The owners of Body Piercing by Holly in Summerville and American Standard Body Piercing in West Ashley actively pursued change as state lawmakers fought over legalizing the business, and the couple watched as some municipalities approved zoning for tattoo facilities while others left ordinances in place, effectively banning the business.
Their persistence could lead to the first and only tattoo parlor in Dorchester County.
After almost a year of searching for a home to start their business, the Gamblins found a place for Holly’s Body Canvas near Dorchester Village just outside Summerville’s city limits. “It was so frustrating. We needed a spot and we had the money,” Holly Gamblin said.
Regulations require that tattoo studios be at least 1,000 feet from schools, churches and recreation areas. During the search for space, the Gamblins would find a location that met distance requirements, but owners often told them, “We don’t want your kind,” Holly Gamblin said.
In March the Gamblins found a willing owner.
Currently Dorchester County allows tattoo facilities in commercial, mixed-use and industrial zoning areas. But the Dorchester County Council and planning and zoning commissions are examining a proposed ordinance that would restrict tattoo studios to light industrial zones, matching the zoning of other areas in the state.
Ed Carter, Dorchester County deputy planning and codes director, said the county is still in the process of making changes. Dorchester County zoned for tattoo parlors in 2004, the same year the South Carolina Legislature legalized tattooing. In the meantime, tattoo zoning issues blipped off the county’s radar, as South Carolina Department of Health and Environmental Control formed regulations. The Gamblins applied for a business license from Dorchester County as DHEC’s regulations were approved.
“They had the law and were ahead of us,” Carter said. “It happened so quickly.”
Dorchester County gave Holly’s Body Canvas a business license March 27. DHEC planned to give the Summerville studio its final inspection the week of April 10. One of Holly’s Body Canvas’ tattoo artists expected to perform the area’s first tattoo just three doors down from Summerville’s city limits. Summerville lacks zoning required for the tattoo facilities.
Dorchester County and neighboring Berkeley County are among a handful of areas that have added tattoo facilities into their zoning ordinance.
Berkeley County put tattoo facilities in areas where other commercial personal service businesses would go.
“Anywhere a doctor’s office can go, it can go,” said Candy King, a member of Berkeley County’s planning and zoning staff.
Other municipalities in the tri-county area lack appropriate zoning, essentially banning facilities.
Mount Pleasant allows tattoo parlors in light industrial zones, where one would find boat manufacturers or adult-oriented shops. The city has just 11 properties zoned light industrial, said Mary Jane Blatchford, a member of Mount Pleasant’s planning department staff. And all of those zones are spoken for.
Mount Pleasant’s light industrial areas run along Shem Creek and Long Point Road. Local distance restrictions from churches, recreation areas and schools would make tattoo facility placement impossible in some of those 11 sites. Mount Pleasant regulations call for a 1,500-foot distance from churches, schools and recreation sites.
The city of Charleston and Charleston County also plan to place tattoo facilities in industrial areas.
Charleston city officials had proposed to make the change last year.
At the same time, city officials realized some areas of Charleston were inappropriately zoned. The city directed the department to look at rezoning areas of Charleston before allowing tattoo facilities. So far, the city of Charleston has rezoned about 165 areas and has about 50 more on its plate, said Yvonne Fortenberry, director of Charleston’s Design, Development and Preservation Department.
Most of Charleston’s peninsula has been rezoned from industrial to general business, which would bar tattoo studios from the area, Charles Gamblin said.
Charleston County officials recently entered the discussion stage to add tattoo facilities to its zoning ordinance. Staff at the county’s planning and zoning department offered a draft ordinance this month that would place facilities in the community commercial and industrial zoning districts as a conditional use.
Summerville, North Charleston and Goose Creek are among the cities that have not included tattoo studios in their zoning regulations.
The South Carolina State Attorney General issued an opinion in May stating that municipalities that fail to implement an ordinance authorizing tattoo shops would block them from being licensed.
The Municipal Association of South Carolina warned in a newsletter, “It could be challenged as special legislation and a violation of the Equal Protection Clause because it makes tattoo facilities legal in some jurisdictions and not in others.”
The association advised cities trying to block tattoo facilities that they could block them if they fail to pass an ordinance allowing the facilities. However, passing an ordinance specifically prohibiting tattoo facilities might be challenged, the association said.
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