The Uselessness of Use Tables

[Lee Nellis]

Where does this use fit in your community's use table? A space in an industrial park that a theater company wishes to use for the following purposes: costume shop, set design and construction, rehearsals, and office.

Operating under a performance zoning format, I wouldn't need to spend 10 minutes on this. The only issue would be parking, which is easily covered by a shared parking provision: the rehearsals are in the evening after everything else in the park is closed. In conventional zoning, I am probably going to have to have them take it up as an appeal.

[giff57]

I had this very issue come up in Fairfield. Those big industrial buildings make nice theaters. We added theater as a conditional use and went from there.

[donk]

If no performances are going on there I would interpret the by-law as follows

1) Set design / building = manufacturing (ie trusses/prefab houses) - permitted
2) Costume shop = storage / manufacturing / warehouse - permited
3) Office - accessory to the above 2 so OK
4) Rehearsal space - see / know nothing.

If it is going to be open to the public for performances, then I would do a rezoning to ensure public safety and building plans review.

[DennisMaPlanner]

Where does this use fit in your community's use table? A space in an industrial park that a theater company wishes to use for the following purposes: costume shop, set design and construction, rehearsals, and office.

Operating under a performance zoning format, I wouldn't need to spend 10 minutes on this. The only issue would be parking, which is easily covered by a shared parking provision: the rehearsals are in the evening after everything else in the park is closed. In conventional zoning, I am probably going to have to have them take it up as an appeal.

I would probably look at it under several possible areas:

(47) PHILANTHROPIC USE, OTHER An organization operating under a nonprofit charter, the activities of which are devoted exclusively to benevolent purposes

(30) INSTITUTIONAL USE, OTHER A public service use operated or run by a nonprofit corporation or organization which in not entitled to exemption from zoning requirements as set forth in M.G.L c.40A, §3.

(58) SERVICE ORGANIZATION A nonprofit organization, the services of which are devoted to the betterment or improvement of the community.

For Profit Educationa Use (which is not defined in our by-law but would be similar to the following: (43) NON-PROFIT EDUCATIONAL Any structure or use entitled to the education exemption set forth in M.G.L. c.40A, §3. So basically it would make a profit and thus not get the exemption.)

Based upon our parking table I could also extend the definition to: (52) RECREATION, INDOOR A business operating sports or leisure time activities or facilities within a building. Since our parking table lists theaters as part of the items included as indoor recreation for parking calculations.

[tulsa]

Ours is pretty simple. To operate a theater in an existing Industrial district requires a Special Exception from the BOA w/ site plan review. A theater would be considered a recreational facility. If you are not putting on the show in the building then I would run with donk.