Four years ago, when Kelley Drake was in search of a home for his tattoo shop, he spoke with approximately 20-30 Fredericksburg-area property owners and managers.
Most of the interactions were blunt, not to mention brief.
“Only two were even willing to talk to me,” said Drake, now a co-owner of Fredericksburg Tattoo Works off State Route 17 in Stafford County. “As soon as they heard ‘tattoo shop,’ that was the end of the conversation.”
Kelley was far more encouraged by the discussion he heard Tuesday night, during a Fredericksburg City Council work session. Since 2012, zoning ordinances have restricted tattoo shops to tiny pockets of the city.
“So, it really cut down to, like, we were allowed in parking lots or roadways or woods,” Drake said. “And if you found one of these magical storefronts, there might have been like five of them available. You’d have to wait for it to open. Everything would have to time out perfectly.”
On Tuesday, however, a majority of councilors signaled that they were open to relaxing some of the restrictions, particularly a 500-foot buffer zone from any residential district.
Zoning Administrator Kelly Machen showed two maps, one that would allow tattoo shops in “personal services” districts, including by-right development in planned development districts.
A second, “less aggressive” map Machen presented kept tattoo services as their own unique use while still removing the 500-foot buffer and expanding them to commercial downtown, light industrial, planned development-commercial and planned development-mixed use.
Another major consideration with any potential ordinance governing tattoo shops would be whether or not they would require a special use permit (SUP).
Councilor Will Mackintosh, whose husband Brian Lam owns Collage Spa, said that the waiting period involved with an SUP would almost certainly harm similar small businesses. The SUP process takes four to six months and requires hearings before both the Fredericksburg Planning Commission and City Council.
“You’re going to be paying rent on an empty storefront, having signed a lease, taking a gamble whether the city is going to give you a special use permit,” Mackintosh said. “That is a regulatory burden that’s high enough that it would be prohibitive for entrepreneurs starting up this kind of business… This is different from a big developer that can afford to sit on a parcel for a few months to work through the process.”
Drake noted that many downtown storefronts rent for as much as $5,000 per month.
“I don’t have that,” he said. “I don’t know many people who are small business owners who have that type of money to just sit on a space.”
Echoing Drake’s experience, Councilor Jannan Holmes (at-large) recalled hearing from someone interested in opening a tattoo shop in the city who was unable to convince anyone to show them available properties.
“They couldn’t even get to the place where they could hold it for an SUP,” Holmes said.
And it’s not just the entrepreneurs who are affected. Councilor Jon Gerlach (Ward 2) said SUPs also make renting “a more speculative venture for the landlord, not just the tenant.”
Vice Mayor Chuck Frye Jr. (Ward 4), who ran the work session and subsequent city council meeting in the absence of Mayor Kerry Devine (family reasons), seemed incredulous that the current zoning was so restrictive.
“What was the anti-tattoo thing [sentiment] that was going around, anyways?” he mused.
Drake, who also serves as chair of the Fredericksburg Arts Commission, acknowledged that his industry has long gotten a bad rap — one that isn’t entirely undeserved.
“I mean, there’s a stigma around tattooing, and it exists for a reason,” he said.
But, he added, the industry has come a long way in self-policing bad behavior, a process expedited by inking clients during the COVID-19 pandemic. He understands the need for regulation, but also for discussing the issue with an open mind.
“My belief is that you shouldn’t punish an entire industry,” Drake said.
