MIDDLEBURG HEIGHTS, Ohio – The Middleburg Heights Board of Zoning and Building Appeals has delayed a decision on a distance variance requested by a tattoo artist aiming to open a business in the Sprague Square shopping plaza.
The current zoning code in Middleburg Heights prohibits tattoo parlors or body piercing establishments from operating within 1,000 feet of any residential property, school, public library, church, or daycare center (Section 1143.04(z)(9)). Sprague Square backs up to a residential neighborhood.
William Butcher, a tattoo artist since 1999, plans to open the Lapin en Rouge Tattoo Lounge at 7792 W. 130th St. He stated that his business focuses on specialized services such as micropigmentation for vitiligo and mastectomy clients, as well as prosthesis reconstruction for individuals with disfigurements.
Attorney Diana Jancura, representing Butcher, emphasized that his business is not a typical tattoo parlor. “He does not advertise. It’s all word of mouth. This is a very specific type of body art,” Jancura said.
Butcher noted that other storefronts in Middleburg Heights, like those in the Southland Business District, were too expensive, making Sprague Square a more viable option.
Mark O’Brien, attorney for the Sprague Square landlord, presented several legal arguments, citing constitutional case law and suggesting that denying the variance would be unlawful.
Despite these arguments, board members upheld the current zoning code. “We owe it to our constituents to maintain that 1,000 feet,” Councilman Bill Meany stated during the June 20 meeting.
Jancura questioned whether the landlord should be held responsible for the situation. She speculated that the landlord either was unaware of the zoning restrictions or knowingly allowed Butcher to lease the space for an illegal business. “Somewhere, it sounds like the landlord was negligent,” Jancura said.
The zoning board postponed the variance request until the July 17 meeting to allow legal representatives and the city’s zoning consultant, Jay Stewart, to explore potential solutions.
“There are a lot of places in the city where you can run your business,” board member Con Sullivan said.