Body Art Ord as Approved by Land Use 5-18-21 — File 211611

Section 9.2.6.k.i Body Art Services is amended by deleting the performance standard subsection b) and special permit criteria subsections c) and d). See Attached. Table 9.1.1 Permitted Uses is amended by striking the SP (Special Permit) required for Body Art Services and replacing it with P (Permitted) for the MR3, MR4, MR5, MR6, HR, and CC zoning districts. The Permitted Uses tables of the MR3, MR4, MR5, MR6, HR, and CC zoning districts (Table 4.1.13, Table 4.2.13, Table 4.3.13, Table 4.4.14, Table 5.1.15, Table 6.2.13 respectively) are amended by striking the SP (Special Permit) and replacing it with P and (P) (Permitted), including commercial spaces fronting pedestrian streets. Table 8.1.4 Permitted Uses of the Small Business Overlay district is amended by striking the SP (Special Permit) required for Body Art Services and replacing it with P (Permitted).

429 SOMERVILLE ZONING ORDINANCE | 04/04/21 9. Use Provisions Use Definitions & Standards special permit authorizing a building & home repair services principal use: a). Visual impact and quality of screening of parked business vehicles. f. Business Support Services Uses that provide personnel services, printing, copying, photographic services, or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, telephone answering services, and photo developing labs. g. Caterer or Wholesale Food Production The preparation of food in significant quantities to be delivered and served or sold off-site. i. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a caterer/wholesale food production principal use: a). Location of driveway entrances and access points in relation to the safety of pedestrians, bicyclists, and motor vehicles. b). Visual impact and quality of screening of parked business vehicles. c). Location of loading, trash and recycling storage and the procedure for pickup and drop-off. d). Ventilation and air handling techniques to reduce the emission of odor or exhaust onto neighboring properties. h. Day Care Services Uses that provide licensed care, protection, and supervision in a protective setting for children or adults, with or without compensation, on a regular basis away from their primary residence and for less than sixteen (16) hours per day. The specific use types within the day care service use category are: i. Adult Day Care Center: A day care service use providing custodial care of adults over eighteen (18) years old, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention. The following standards apply: a). All persons must be eighteen (18) years of age or older. ii. Child Day Care Center: A day care service as defined in MGL 15D Section 1A. i. Educational Services The general or specialized pre-primary, primary, secondary, vocational, or tertiary education, instruction, or training in subject areas, skills, or vocations. Facilities customarily provided by educational service uses in directly serving the needs of employees and students are permitted including, but not limited to, classrooms, administrative offices, research centers, laboratories, auditoria, study halls, on-campus housing, libraries, temporary structures, campus centers, bookstores, laundry services, light manufacturing, retail sales, Food & Beverage Services, banks, athletic fields, parking facilities, and their substantial equivalents. j. Maintenance or Repair Services Uses that provide maintenance, cleaning, or repair services for consumer goods. Typical uses include dry cleaning shops, tailors, shoe repair, vacuum repair shops, electronics repair shops, and similar establishments. k. Personal Services Uses that provide a variety of services associated with personal grooming, personal instruction, and the maintenance of fitness, health, and well-being. The following personal services specific use types are regulated differently than other uses classified within the personal services use category: i. Body Art Services Use of a space for the practice of physical body adornment by permitted establishments and practitioners using, but not limited to the following techniques: piercing, tattooing, cosmetic tattooing, branding and scarification. The following performance standards apply: a). Procedures considered ‘medical procedures’ by the Board of Registration in medicine, such as implants under the skin, are prohibited in Body-Art Services. b). No Body Art establishment may be located within 500 feet of an establishment selling items primarily involving ‘sexual content’ as defined by MGL 232 Section 31. c). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a body art principal use: i). Design of storefront windows and operations plans for ensuring the privacy of patrons. d). The review boards may not grant a special permit authorizing a body art services principal use within five-hundred (500) feet of any other body art services principal use. ii. Fitness Services Use of space for physical exercise or training on an individual or group basis, using exercise equipment or open floor space, with or without an option for having instruction with a personal trainer. iii. Funeral Services A facility where the deceased are prepared for burial display and for rituals before burial or ATTACHMENT