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HomeMy WebLinkAboutAgenda - 09-04-2014-13 (6)iNFOnnnnoN ireuA Memorandum Date: August 13, 2014 To: Board of County Commissioners Bonnie B. Hammersley, County Manager From: Craig Benedict, Planning Director Ashley Moncado, Special Projects Planner Re: Permitting of Artist Studios At the April 1, 2014 Board of County Commissioners meeting, public comments were received by the Board regarding existing standards limiting the location and operation of artist studios in Orange County. Based on these comments, planning staff has provided the following information outlining the permitting of artist studios in Orange County and other local jurisdictions for comparison purposes. Artist Studio Defined Existing standards contained within the Orange County Unified Development Ordinance (UDO) allow for the permitting of individual (one onsite artist) and cooperative (two or more onsite artists) artist studios. The proposed use of an individual artist studio or a cooperative artist studio with or without retail sales is defined in Article 10 of the UDO as Studio (Arts and Crafts) with the following definition: — Studio (Arts and Crafts) — Room or building where an art is taught, practiced or studied, or where a craft or product is manually produced. Typical studio users include artists, musicians, dancers, gymnasts, photographers, sculptors, wood and leather craftsmen, glass blowers, weavers, and silversmiths. Permitting Individual and Cooperative Artist Studios in Orange County — By -Right Individual and cooperative artist studios are classified in Section 5.2.1, Table of Permitted Uses, of the Orange County UDO as Studio (Art). This land use is currently allowed by -right in multiple commercial, industrial, and economic zoning districts including: • LC -1 (Local Commercial) 0 1 -1 (Light Industrial) • NC -2 (Neighborhood Commercial) 0 1 -2 (Medium Industrial) • CC -3 (Community Commercial) 0 1 -3 (Heavy Industrial) • GC -4 (General Commercial) 0 EDB -1 (ED Buckhorn Lower Intensity) • 0/1 (Office /Institutional) 0 EDE -1 (ED Eno Lower Intensity) • EDE -2 (ED Eno Higher Intensity) — Conditional Zoning District The Studio (Art) use is also permitted in the MPD -CZ (Master Plan Development Conditional Zoning District) and REDA -CZ -1 (a conditional zoning district applicable to the Highway 57 /Speedway area) following the review and approval of a Zoning Atlas Amendment (rezoning) request by the BOCC. 2 — Conditional Use District The Studio (Art) use may also be permitted in any zoning district, identified in Article 3, Base Zoning Districts, which currently does not permit the use with the approval of a conditional use permit. This process, detailed in Section 2.9.1, Conditional Use District (CUD), 3.8, and 5.1.4, allows land use classifications listed within the Table of Permitted Uses as a conditional use in any zoning district which does not allow the use by -right or with a special use permit with the approval of a Zoning Atlas Amendment and Class A Special Use Permit. As a result, a proposed artist studio use would be eligible to apply for a conditional use permit to locate and operate in any zoning district contained within Article 3 of the UDO. This would allow for the proposed use to be located in the Agricultural Residential and Rural Residential land use classifications (which are described and depicted in the adopted Comprehensive Plan) with an approved conditional use permit from the BOCC. At this time, a Studio (Art) could not be permitted as a conditional use in the Rural Buffer land use classification. Additional Permitting of Individual Artist Studios in Orange County — Home Occupation Home occupation standards allow for the permitting of individual artist studios that are incidental to a principal residential use and located within a residential zoning district. These standards would accommodate operation of an individual artist studio with onsite employees, customers, and students in the Agricultural Residential, Rural Residential, and Rural Buffer land use classifications. Permitting Individual and Cooperative Artist Studios in Chatham and Durham Counties Individual and cooperative artist studios in Chatham County are classified in the Chatham County Zoning Ordinance as Arts and Crafts Fabrication and Related Sales. This land use is currently allowed by right in four commercial zoning districts including: • B -1 (General Business) • CB (Community Business) • NB (Neighborhood Business) • RB (Regional Business) This use is also permitted with an approved Conditional Use Permit requiring a public hearing and the approval of the Chatham County Board of Commissioners in the R -5 (Residential) zoning district. The R -5 (Residential) zoning district is identified as low density residential. The Arts and Crafts Fabrication and Related Sales use may also be permitted by following the Conditional Zoning District process. This process would allow the Arts and Crafts Fabrication and Related Sales use to operate in residential, commercial, and industrial zoning districts identified in the Chatham County Zoning Ordinance with the approval of a rezoning request to a Conditional Zoning District by the Chatham County Board of Commissioners. Durham County classifies individual and cooperative artist studios as Retail Sales and Service, Art Studio and Gallery in the Durham Unified Development Ordinance. This land use is currently allowed by right in several nonresidential and downtown design zoning districts including: • Cl (Commercial Infill) • IL (Industrial Light) • CN (Commercial Neighborhood) • DD (Downtown Design) • OI (Office and Institutional) • CD (Compact Design) • CG (Commercial General) The Retail Sales and Service, Art Studio and Gallery use is also permitted in the PDR (Planned Development Residential), CC (Commercial Center), IP (Industrial Park), and MU (Mixed Use) zoning districts following the review and approval of a development plan and zoning map change by the Durham County Board of Commissioners. 3 Finally, similar to Orange County, home occupation standards contained in the Chatham County Zoning Ordinance and Durham Unified Development Ordinance allow individual artist studios that are incidental to a principal residential use and located within a residential zoning district to operate as home based businesses with an approved permit. Conclusion Standards currently contained within the Orange County UDO allow for individual and cooperative artist studios to operate in numerous zoning districts by right, as a home occupation, with a conditional use permit, or through the conditional zoning district review process. These permitting options provide the opportunity for individual and cooperative artist studios to locate and operate in many residential, commercial, industrial, and rural areas of the county. Standards currently in place regulating and permitting individual and cooperative artist studios are very similar to adopted standards of other local planning jurisdictions including Chatham and Durham Counties. Standards in all three counties only permit individual and cooperative artist studios by right in nonresidential districts. As a result, all three counties provide alternative options to locate and permit artist studios in rural and /or residential districts. Existing standards currently contained in the UDO provide the opportunity for artists to grow, welcome, educate, and showcase their work and talent within Orange County through a variety of permitting processes. If a revision of existing standards pertaining to individual and cooperative artist studios is desired by the BOCC, planning staff is available to review existing standards and consider revisions with the Orange County Planning Board.