Retail + cafe + art gallery space - Mercantile use? Load factor(s)?

[thericky]

I'm preparing to lease a space with 8000 SF at-grade commercial space and 6000 SF basement space. Trying to ensure we get the use classification and load calculations correct - but fairly new to this.

Our concept is a combination of retail (art and consumer goods), cafe (retail sales of pre-prepared snacks and beverages, no commercial kitchen), and art gallery (where some of the art is on sale, but not all).

By right, under current zoning with just a counter use registration, we could be:

• Retail Sales of Consumer Goods
• Prepared Food Shop (An establishment that offers seating or carry out food and beverage service or both, and that is primarily engaged in the sale of prepared food, non-alcoholic beverages, cold refreshments, or frozen desserts)
• Library or Cultural Exhibit (defined as "gallery exhibition of works of art," among other things)

The basement use is likely currently registered with the city as Storage, but should also be able to be changed via the by-right options above.

I'm not sure what occupancy classification Library or Cultural Exhibit would fall under, as the definition is rather vague and does not mention any particular occupancy type. Would it be safe to assume that this could allow us to be classified as Assembly without fixed seats / standing space (5 net)? I tried to ask the permitting office downtown about this, but they really didn't know what to make of "Library or Cultural Exhibit" even though it's in their zoning code. Or would this fall under Assembly / Exhibit gallery and museum (30 net)?

If that doesn't pan out, I'm chasing the idea that the entire space could fall under Mercantile (M) occupancy classification, with other areas considered Small Assembly as accessory spaces. We are featuring retail sales of art and goods throughout, even in the small cafe area.

The cafe will only have a few seats / small tables, with the expectation that most people will wander the gallery / store while snacking and drinking, rather than sitting down.

The confusing part is that the zoning requires a special exception for the category they call "Assembly and Entertainment" which is defined as "Uses that provide gathering places for participant or spectator recreation, entertainment, or other assembly activities." This is why I am confused about the "Library or Cultural Exhibit."

Our retail / gallery space will be flexible. Not a permanent buildout but displays / partitions on wheels, allowing us to reconfigure as needed. On the ground floor, there are 3 built-out rooms with doors, 4 single-stall restrooms, and 5 egress doors. In the basement, there are 3 paths of egress and no build-out.

Any thoughts on how to make sense of this so that zoning doesn't balk at it?

 

[Yankee Chronicler]

I think you have non-separated mixed uses.

Art galleries and libraries are A-3, Assembly.

Restaurants and cafeterias are A-2. BUT ... IBC 303.1.1:

303.1.1 Small buildings and tenant spaces. A building
or tenant space used for assembly purposes with an occupant
load of less than 50 persons shall be classified as a
Group B occupancy.

Don't discuss zoning classifications and building code classifications together. Different rules, and different definitions. What the zoning peple call it only affects the zoning, and what the building code calls it only affects the building code.

 

[thericky]

Don't discuss zoning classifications and building code classifications together. Different rules, and different definitions. What the zoning peple call it only affects the zoning, and what the building code calls it only affects the building code.

Thanks. This is the nugget of info I needed. What you're saying is – "Assembly" for zoning is not the same thing as "Assembly" for building code. Even though "Assembly and Entertainment" requires a special exception for zoning, that no impact on using "A-3 Assembly" for occupancy classification and load factor, right?

So we can register our use with zoning as mixed: Cultural Exhibit, Retail, and Prepared Food Shop.

But then for the plan examiner, we label our art gallery space as A-3 Assembly and perform our occupancy load calculation based on 30 net sf / person?

And the plan examiner isn't going to kick it to the zoning appeals board because of the confusion of language?

 

[SCBO1]

Don't discuss zoning classifications and building code classifications together.

This is good advise.

 

[MtnArch]

As YC pointed out, you can think of 'Zoning' as what the use of the LAND is and 'Building Code' is what the use of the STRUCTURE is.

If you don't have an approval from Zoning before you submit to Building, the plan examiner will likely send it back to Zoning for approval first.

 

[Tim Mailloux]

But then for the plan examiner, we label our art gallery space as A-3 Assembly and perform our occupancy load calculation based on 30 net sf / person?

If you ever plan on renting out this gallery space for functions (which is very common) I don't think the 30sf net / person is the right way to go

 

[walker.t]

If you don't have an approval from Zoning before you submit to Building, the plan examiner will likely send it back to Zoning for approval first.

I don’t know if this is common, but I have worked on projects where the building permitting process includes the zoning review. City zoning is tied into the county building permitting system and they get a notification regarding the project, both reviews are done simultaneously, the building permit cannot be issued until all applicable city and county departments have signed off.

Don't discuss zoning classifications and building code classifications together. Different rules, and different definitions. What the zoning peple call it only affects the zoning, and what the building code calls it only affects the building code.

This is good advise.

I second that, very good advice.

 

[walker.t]

If you ever plan on renting out this gallery space for functions (which is very common) I don't think the 30sf net / person is the right way to go

This comment reminds me of a recent comment by Yankee Chronicler:

Many years ago the firm I worked for was engaged as code consultants on a university gymnasium project. They wanted to build a HUGE gym -- three full-sized basketball courts, but no bleachers. It was for practice and intramural games -- they had the "game" court in another building, which was semi-historic and in full uses. So the architects had a couple of doors and they were going to declare an occupant load of 49 people, based on three games with 10 people each, plus a few spectators and officials.

So, knowing the university, the first question we asked was if this was going to be the largest indoor space on the campus. Answer: "Oh, yes, by far the largest."

So then we asked if it rained on graduation day, might they consider holding graduation in this building? "Well, of course."

How many people attend graduation? "Around three thousand."

The architects added a LOT of doors.

Try to figure out the worst-case scenario as far as occupant load (and other requirements) are concerned, design for that then you’re covered.

I'm preparing to lease a space with 8000 SF at-grade commercial space and 6000 SF basement space. Trying to ensure we get the use classification and load calculations correct - but fairly new to this.

By the way, your entire introductory post is very decent with a very good project description and lots of good information. You may be new to this but you seem to have done your homework.

 

[Penguin87]

Honestly, this is the sort of thing that you hire an architect for - have them do a feasibility / code review study of the potential space. A few hours of work can uncover unforeseen zoning and building code issues.

Local architects will be more familiar with jurisdictional and code related issues in your area. Also, most jurisdictions require an architect's stamp for zoning and building permits.

In any case, "Mercantile" type uses don't really encompass art galleries. That classification is more geared towards a Home Depot, large format grocery store, gas stations etc. It sounds like your space would likely be a combination of mostly A and B occupancy classifications.

 

[Tim Mailloux]

Honestly, this is the sort of thing that you hire an architect for - have them do a feasibility / code review study of the potential space. A few hours of work can uncover unforeseen zoning and building code issues.

Local architects will be more familiar with jurisdictional and code related issues in your area. Also, most jurisdictions require an architect's stamp for zoning and building permits.

In any case, "Mercantile" type uses don't really encompass art galleries. That classification is more geared towards a Home Depot, large format grocery store, gas stations etc. It sounds like your space would likely be a combination of mostly A and B occupancy classifications.

Coming from the design side of things, often our clients also engage lawyers to help navigate the zoning approvals process.