By Elisabeth Strillacci

KANNAPOLIS — Kannapolis, like many other cities, has zoning regulations including a Kannapolis Development Ordinance (KDO) and the city code, both which are enforced by the zoning enforcement office staff.

But it also has, in at least one area, Downtown Covenants Conditions and Restrictions or CCRs, which is not enforceable by city offices. Covenants are restrictions, simply put, that are established by the primary owners of a property, and the city was the primary owner of properties downtown for several years, particularly in an area that includes properties along West Avenue, as well as those along Oak Avenue.

In 2020, the city created a CCR for businesses and properties in that area. Included in the CCRs were items related to landscaping, infrastructure and improvements as well as an extensive list of prohibited uses. Included on that list are tattoo parlors or shops.

But in recent months, city staff have been made aware that there is, in fact, a tattoo parlor on Oak Avenue.

According to a report made to city council Monday night, “contact was made with the operator of the business, who was informed that the operation of a tattoo parlor is not a permitted use in the Center City (CC) Zoning District. The CC Zoning District encompasses the entirety of downtown.”

Right now, tattoo parlors are only allowed in the general commercial zoning district of the KDO and then only by the issuance of a special use permit. In addition, on further investigation, staff discovered that the CCRs for that downtown area also prohibit tattoo parlors.

Staff brought the matter to the council’s attention for advice and further review, and Mayor Darrell Hinnant and council members agreed that they need to revisit the list of prohibitions, as it appears there may be other businesses in operation that are also not allowed.

The owner of the tattoo parlor has applied to the city for an amendment to the KDO to allow tattoo parlors in the CC zoning district, but that will not affect the prohibition under the CCR.

As noted, CCRs are enforced as a proprietary function of the city as former owner and CCRs declarant. It is not enforced by the city under its governmental function through the KDO.

Because the city is the official declarant, the council can decide to change the CCRs to allow any number of uses that are currently prohibited. As the declarant, the city could possibly change the CCRs to allow uses that may not presently be allowed.

“I think we absolutely should review this,” said council member Doug Wilson. “I think the intention was good at the time, yes, but things change, and I think we need to make all possible efforts to protect the businesses that are currently operating there.”

Other members of the council agreed that the goal is not to put anyone out of business or force them to move, but to make sure operations align with regulations.

The business owner’s request for a text amendment has been tabled until council decides whether or not to amend the CCRs. If the CCRs are not amended, the KDO text amendment request is a moot issue, according to Planning Director Richard Smith and City Attorney Andrew Kelly, who brought the matter to the council.

“Amendments to the CCRs are different than amendments of the city’s typical ordinances,” wrote Smith and Kelly in their report to the council. “The CCRs are enforced as a proprietary function of the city as former owner and CCRs Declarant. Amendments to the CCRs do not normally follow the standard public hearing requirements and legal notices. Notification of affected property owners, however, may be required before the city amends these covenants.”

The city has worked for a number of years to develop its downtown in a particular fashion, creating a place for visitors and residents alike to enjoy a variety of venues and events all while feeling safe.