How does Zoning for Artists Studios and Galleries work?
Zoning for artists has been in place for at least 12 years in Las Cruces. It specifically allows for and encourages artist studios and galleries. That is just now starting to happen. The same process is happening for the downtown area .We need to collate this zoning information and make it available to artists so we can develop areas with strong art environment. Currently the best zoning for artists is O-1, see zoning descriptions - residential in flavor, allows for art classes and sales - but must have off street parking with no backing out into traffic. Artists who work at home need to apply to the City for a 'home based business license' if they've made more than $1000 from sales in the previous year. this info is under 'licensing.' All sales are to be reported to New Mexico Tax & Revenue, city gets their % back from the state, also under licensing . See City Zoning Application Website
Municiple codes, chapter 38 zoning
38.32 office, see O1/O2 service land use = art studio (with conditions), owner occupied residence allowed, accessory bldg allowed, art & dance lessons allowed - must have off street parking or get variance
also M1/M2 allows art studios as a service land use, also what would be considered crafts manufacturing fits here, with retail sales allowed ( residence needs conditions allowance)
38.52 home occupation permit
38.43 Main Street Overlay-Central Business District (CBD) permitted uses.
1. Permitted uses--No conditions. All uses permitted in other commercial, office, and residential zoning districts, unless expressly prohibited in this section. A light manufacturing use is permitted as an accessory use to a business use.
E. Light manufacturing uses. Light manufacturing uses permitted shall be an accessory use to a retail business in the CBD. A maximum of 49 percent of the square footage of the buildings may be used for light manufacturing uses. The use shall meet all requirements for the district including the intent and purpose.
1. Development requirements.
a. No activity producing noise, glare or heat observable or measurable outside the building is allowed.
b. No emission of objectionable dust, fumes, odors, vapors, gases, smoke or other forms of air pollution shall be permitted.
c. No vibration shall be permitted which is discernible beyond the property lines to the human sense of feeling for three minutes or more duration in any one hour of a day.
d. No outside storage.
H. Central Business District - CBD parking requirements.
1. Parking requirements shall be based on the type of use or business.
2. Parking requirements.
a. For public and semi-public buildings, one space for each 1,000 square feet of gross floor area.
b. For dwelling unit, one and one-half spaces for each unit.
c. For hotels, one space for each guest room, in addition to one space for each 1,000 square feet of gross floor area other than the guest room area.
d. For all other permitted uses, one space for each 1,000 square feet of gross floor area.
38.44 University Avenue Corridor Overlay
5 areas defined and mapped
area 1(Pan Am Plaza) and area 4 (University/Hagerty/Mesa/Espina/El Paseo) allow arts studios
38.45 Avenida de Mesilla - defined as west of Valley drive, facing Avenida de Mesilla
permits cottage industries including engraving, dance & music studio,
prohibits clothing manufacture, dyeing, fabrication, metal work or metal shop,
also prohibits - Open or exterior storage and display of merchandise and/or materials (except when products offered and displayed on the premises are either: 1) grown on or off the premises; or 2) home-crafted, hand-crafted, or hand-assembled by crafts-persons on or off the premises. Examples of acceptable products include, but may not be limited to, nursery stock, fruits and vegetables, leather crafts, paintings, woodwork, metalcraft, ceramics, sculpture, basketry, weaving and yarn work. Items shall typically be considered "non-durable commodities" which serve to foster the cultural and historical characteristics of the Mesilla Valley region. Examples of unacceptable products include, but may not be limited to, motorized vehicles, or equipment, bicycles, trailers, clothes washers, cloth dryers, fabricated storage sheds, playhouses, animal shelters, and goods commercially produced through mechanized means. Structures/walls/fences used to enclose and/or protect the display of goods shall be compatible to the architectural design of the primary building located on site. When no architectural style is defined within these regulations pre-exist on the property, one of the required styles shall be used for purposes herein stated.)
this level of explicit information is in place for the Mesquite districts (north & south are separate districts) also...
it's there, just learning how to access and read it. A summary of this for arts & culture types might be very useful to develop our cultural heritage... sounds like a grant opportunity to me?
