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. . . . ~ ORDINANCE H6+Q05-54 . -.- AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 40-22 AND 40- 43.4 AND TABLE 40-43.1.2 THEREOF PERTAINING TO ZONING REQUIREMENTS FOR BODY ART ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: I. be amended follows: That Section 40-22 of the Code of the City of Portsmouth, Virginia (1988) and reordained by adding thereto the following definitions to read as Sec. 40-22. Specific definitions. Body Art. Tattooing and/or body piercing, but not including branding, scarring, and implants. Tattoo. The process of making a permanent colored mark, design, or coloration on a person's skin through the use of a needle or needles, or any other device that punctures the skin and injects or leaves colored dye in the skin. The term "tattoo" shall also mean the mark, design, or coloration itself that is created, but shall not include any medical procedure engaged in by a Virginia-licensed physician or a health care professional under the direct supervision of a Virginia-licensed physician. Body piercing. The act of penetrating a person's skin to make a hole into or through which an item of jewelry or some other decorative article may be inserted or mounted. The term "body piercing" shall not include the use of a mechanized, presterilized ear- piercing system that penetrates the outer perimeter or lobe of a person's ear or both, nor does it include any medical procedure engaged in by a Virginia-licensed physician or a health care professional under the direct supervision of a Virginia-licensed physician. 2. That Condition (71) of Section 40-43.4 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Section 40-43.4. Conditions for specific uses. (71) All body art studios shall be located a minimum of 500 feet from any public school. The requirements of Chapter 3 and any amendments thereto shall also apply. 3. That Table 40-43.1.2 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to delete the use "Tattoo" and to allow the use "Body Art" in Industrial M-1 and Industrial M-2 zoning districts, after issuance of a use permit, and subject to the requirements of Condition (71) and Parking Group 13, as shown on the Table below: