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Dilemma

Mac

Mac

Gold Member
Joined
Oct 26, 2009
Messages
716
Location
Hamilton, NY
Our local zoning does not allow a "Studio" in some business zones. Not sure how it came to be that way, but it's what I have to work with. Occupancies like photography studio or art/instruction, recording studio are typical examples used. Studio is defined as an artists' work space.

An applicant wishes to open a storefront Photo studio, which at first glance is not permitted. The applicant says that the photo business has undergone drastic change with the advent of digital equipment. All processing is done at a workstation; pics are printed, not developed. The studio would consist of a front room for taking portraits, display of photos, sales and consulting, with the workstation in a back office type room.

I don't want to make a determination that a photo shop is now OK due to change in the nature of the business. An amendment of the zoning regs could take a couple of months.

What would you do?
 
Sounds like you have little choice but to follow zoning proceedures and have them ask for a variance. If the zoning requirement was indeed created due to the nature of the industry, and the industry addmittedly has changed then perhaps the issue does need to be revaluated for revision to the ordinance.
 
Can it be handled administratively by the Planning Director? They have been known to vacillate a time or two on definitions...I see it as similar to how we define dry cleaning stores. Some are for the actual cleaning, and others are simply drop off and pick up storage type occupancies.
 
Studio is defined as an artists' work space.
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Is he a photographer or an artist? Is a family portrait art or just a photgraph. An artist creates something from what they vision and using specific materials(painter,sculptor,pottery maker). A photographer just captures the image of something that already exist. Some call it art I call photography a profession.
 
Mac said:
Our local zoning does not allow a "Studio" in some business zones. Not sure how it came to be that way, but it's what I have to work with. Occupancies like photography studio or art/instruction, recording studio are typical examples used. Studio is defined as an artists' work space. An applicant wishes to open a storefront Photo studio, which at first glance is not permitted. The applicant says that the photo business has undergone drastic change with the advent of digital equipment. All processing is done at a workstation; pics are printed, not developed. The studio would consist of a front room for taking portraits, display of photos, sales and consulting, with the workstation in a back office type room. I don't want to make a determination that a photo shop is now OK due to change in the nature of the business. An amendment of the zoning regs could take a couple of months. What would you do?
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If he's taking portraits it's a studio...though I suspect your local Walgreens does passport photos without an issue. On the other hand, your zoning ordinance is stupid.

and should be changed.
 
brudgers said:
If he's taking portraits it's a studio...though I suspect your local Walgreens does passport photos without an issue. On the other hand, your zoning ordinance is stupid.

and should be changed.
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I agree...the only issues I could think of would be the storage of materials (i.e. backdrops, props, plants, items increasing the fire load, etc.) in combination with potentially increased occupant loads. I would want to know more about the intended use and occupant loading perhaps too...but yeah, I am having a hard time justifying the continuation of the existing zoning ordinance.
 
is "studio" defined in the zoning book, and if so what does it say?????????
 
What is the unique feature of a business zone where a studio is forbidden that differentiates it from a business zone that allows a studio?
 
The B1 Zone is the downtown central village area, and is hte most tightly regulated area. There are in total eight business & inudstrial zones. Studios are permitted elsewhere...

"B1 Business. The B1 Zone supports retail shopping, eating, entertainment and personal services, as well as administrative and professional office. Apartment housing is appropriate to the upper floors of buildings in this zone."

Most zoning laws have an element of stupidity, as do some comments on internet forums.
 
That is one of the dumbest regs I have ever heard...and we have one that defines finished floor space as one that has a cellar or basement below it...which means if you want to finish your basement, you have to put a basement under it....

But seriously....does anyone have an idea of the intent of that reg? Is it nuisance fumes (paint, developer) or economic (want to save space for high traffic/ dollar tenants)?
 
Providing family and/or product photography commercially is a business and not an "art studio". most professional photographers I know( and i know many actually) provide services to companies producing images of their product. Others provide wedding services. Some provide personal photography for family and schools. They are all artists as well, but when they leave their office or gallery and capture images in the wild. Do any of these services/uses fit better with your zonign for B1? Do you have a table of uses for this zone?
 
Yes there is a table of 97 different uses with a matrix of zones, special permits, site plans, etc for each. Lots of uses are simple "OK's".

Now I'm more inclined to approve it, due to the new technology, and its not really a very offensive operation. I'm querying the administration to gauge their support......
 
Mac said:
The B1 Zone is the downtown central village area, and is hte most tightly regulated area. There are in total eight business & inudstrial zones. .
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2.3 square miles of area and 8 business and industrial zones? You have some serious regulations up there in NY.
 
OHHHH

Studio is defined as an artists' work space

so no jewelry shops that work on jewelry, no florist shops that make arrangements, no tatto shops, no etc. ??????????

guess cvs or walgreens can set up shop??????
 
gbhammer said:
The first post fourth sentence - Studio is defined as an artists' work space
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A photo stuiod would not always be an artist's work space, as it may be an office, a retail store front. What do you consider an artist's work space? Is it where paint meets paper, where hand meets clay or where glass meets fire? Photography now is more computer aided than anything, look at it as a small store front where people come in by appointment, they pose for a moment or 2, then someone works on a computer to produce the product for them...is that still an artist's work space?
 
I think that the term "Studio" needs to be interpreted by the Planning Director/Commission. When I apply my interpretation to "Studio", I envision a live/work environment and an artist's loft/converted storefront.

On the other hand, I would interpret a photo studio here as a C-1, general office/retail under our planning & zoning code.
 
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