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Hayden's Voltage Tattoo still open as owner asks for second reconsideration of code violation

Hayden City Council found the shop was in violation of zoning code prohibiting tattoo shops in the Central Business District.

HAYDEN, Idaho — A Hayden business is fighting to change city law, or at least get some more clarity, after city council found it's in violation of zoning codes earlier this month.

Voltage Studios, which encompasses three separate businesses on Hayden's Government Way, offers different services like a med spa, hair salon, and the newest addition: Voltage Tattoo.

The city says it's that shop, opened in December 2021, that is breaking the law.

“It’s a lot of stress to worry about the livelihood of so many other people," said owner Miranda Wise. "Not just my job and my business that I’m still trying to take care of clients. I bear that stress for each and every one of those girls that they won’t have a place to go to work the next day.”

Hayden City Council found Wise in violation of the code on March 22, denying her appeal to allow the tattoo business to stay where it is.

The issue is that, while tattoo shops fall under the city's definition of 'personal services,' which are allowed in the Central Business District and commercial zone, tattoo shops are specifically prohibited in the CBD.

“What is allowed and not allowed is clear. They state in there tattoo parlors and also piercing establishments are not allowed in their downtown district. Which we are zoned for commercial zoning but with an overlay of their downtown,” Wise says. 

She explains that gray area, along with the definitions in city code, are confusing.

She's hoping the city code could be rewritten to greater define tattoo parlors or to conditionally allow her shop to stay open in its current spot.

Donna Phillips, community development director, told council at the March 22 meeting that Wise may remedy the violation by moving her shop out of the CBD.

Some council members took issue with Wise trying to change the code after she'd established her tattoo business. 

"I think as a business owner, you would’ve thought about that or clarified that," said council member Roger Saterfiel. "Where I’m struggling with this is you’ve been told right from the very beginning, tattoo parlors weren’t allowed, and you continued to operate the business, and I understand you wanting to fight what’s allowed down there, but it’s kind of after the fact.”

Wise told council she did receive a notification in October 2021 that her application for a verification of occupancy was denied. She said she was working with a city staff member, Zachary Trevino, on her options, but that communication dropped off.

“He said there was an appeals process, he didn’t know it and that’s where he would be getting back to me on it," Wise told council.

“And you didn’t follow up on it?” she was asked.

“Honestly, no," she replied.

“Honestly, the city believed the proposed tenant wouldn’t open for business in this location and would move to another location," Phillips said.

“I can’t imagine opening an business after I get a letter saying I can’t have verification of occupancy and simply because a city employee didn’t get back to me hope or assume all is good," said Mayor Scott Forssell.

Wise argues she runs a personal service and retail space that also offers tattoos, which is why she wants more clarification on the definition of a tattoo parlor.

Now she's working with an attorney, who she says will go before city council again in the coming weeks.

“I’ve met with my lawyer and the next step in the process is to do a secondary request for reconsideration," she said.

While the process plays out, she says, the tattooing portion of Voltage is allowed to stay open. She hopes a 'neutral' resolution can be reached.

“I know it’s not ultimately their goal to shut down a thriving business in the midst of a potential recession. But they’re trying to abide by their codes as much as they can see even though there’s room for discretion in those," she said. "Everybody wants to find a middle ground to make everybody happy.”

The City of Hayden says because Wise has an attorney and the matter has become a legal issue, city staff can't comment.

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