N.C. ordinance change means tattoo parlors aren't taboo

Tattoo parlors no longer fall under Currituck County's adult business ordinance after officials amended the law Monday to emphasize sexual intent rather than just exposure.

Before Monday, the ordinance classified any business where private body parts were exposed as an adult business, which could include tanning salons, spas, places where artists paint nudes, and even doctor's offices, County Manager Dan Scanlon said Wednesday.

"It was never the intent for this net to catch all of those folks," Scanlon said.

The original adult business ordinance was written in 1994 just after a topless nightclub called Mermaids opened. County officials tried to close Mermaids and fought for 13 years to have the business moved to a heavy-manufacturing district. Court battles between Mermaids and Currituck County ended in 2007 when the county dropped its lawsuit.

Commissioners also turned down an effort to again restrict tattoo parlors to heavy manufacturing zones.

Two years ago, Currituck officials changed a zoning law to allow tattoo parlors in all commercial districts. Before that, tattoo parlors had to be in the obscure heavy-manufacturing districts. After the change, three parlor owners applied for permits. One was turned down after members of the Board of Adjustment determined its activities would fall under an adult business designation.

Steve Canady, former owner of Dreamcatcher Soundside Tattoo Studio, opened his shop anyway, appealed to Superior Court and won in August. Canady closed his studio last week.

"I just couldn't deal with it financially anymore," he said Wednesday.

"But my daughter is opening her own shop just down the road," he added.

She is scheduled to try to get a permit for the tattoo parlor this month, Canady said.

Two other tattoo parlors operate in visible general business districts in Currituck County. Tattoo parlors will still be required to get a conditional use permit from the Board of Adjustment. Appeals go directly to Superior Court.

Two commissioners, Paul O'Neal and Owen Etheridge, voted Monday to require tattoo parlors to open only in heavy manufacturing districts, as the law required before. But the five other commissioners voted against that motion.

"They do not portray the family-oriented atmosphere we're trying to promote on the Outer Banks," Etheridge said Wednesday. "I thought it was a mistake to begin with to change the wording and put them in general business."

Residents in the south end of the county supported an ordinance requiring tattoo parlors to locate in heavy manufacturing districts, O'Neal said.

Jeff Hampton, (252) 338-0159 jeff.hampton@pilotonline.com