Zoning – Who Defines Culture?
Ultimately, there is a process by which we could be zoned and permitted to assemble for cultural events in our space on a regular basis. When we moved into NIMBY2 we started on this process, but have become stuck in an odd way.
NIMBY is located in an “industrial,” zone, ideal for our use of making large-scale art. A zoning variance is required to allow for group assembly in our building. Currently, we cannot have more than 49 people in our 64,000 square foot space. Large projects with construction crews of over 50 people, video shoots, art-openings and events all require that we have a permit for group assembly.
When we moved here, city officials advised us to submit a pre-application to the zoning department for a minor variance for group assembly for “cultural” activities. We did. The application was reviewed and given a favorable recommendation, meaning the subsequent full application was likely to be approved.
We then submitted the complete application and paid a several thousand-dollar fee. After 30 days of review our application was deemed incomplete.
To complete the application we must demonstrate that every instance of group assembly at NIMBY would be for a “cultural” activity and not for “entertainment,” “education,” or “sporting.” In the zoning code these latter three activities would require a far more expensive variance application.
HOWEVER, the zoning department does NOT have a definition of “cultural.”
How can we prove our activities are “cultural” if there is no definition?
Wikipedia says this:
The word “culture” is most commonly used in three basic senses:
* excellence of taste in the fine arts and humanities, also known as high culture
* an integrated pattern of human knowledge, belief, and behavior that depends upon the capacity for symbolic thought and social learning
* the set of shared attitudes, values, goals, and practices that characterizes an institution, organization or group.
As members of the NIMBY community we work with our hands. We are innovators. We do-it-ourselves. We work together in a tight-nit community. We all attend the same events. We are the artisans that bring the large-scale pieces to the Maker’s Faire, Burning Man, Coachella, The Crucible Fire Arts Festival and City of Oakland events. When we gather for an event in our own space to enjoy each other’s artwork, music and company – we are celebrating a vibrant culture that our own community defines.
By this, and any other widely accepted definition of the word “cultural” – we are highly qualified.
How can we demonstrate to the City of Oakland zoning department that our activities are “cultural” when the zoning department has no definition for the term?
Again, we are stuck in bureaucracy and no one will show us the way out.
The last half of your post, starting with “Wikipedia says…” is a perfect start for demonstrating to the City of Oakland that NIMBY’s gatherings are culturally oriented. Just as you say, the extended industrial art community of NIMBY and the Bay Area are *integral* to the region’s culture. NIMBY, Ardent Heavy Industries and Interpretive Arson are probably 50% of what I talk about when speaking enthusiastically of how awesome it is to live here.
The Throbbing Gristle show is a perfect example. An open-studio or studio exhibition night is exactly what art studios and galleries do. No one questions that a party at an art gallery is “culture.”
We’re not stuck. By not defining “culture” themselves, they’ve left us to do it. The door is wide-open.
I would definitely say that NIMBY and their related artists definitely define the culture of Oakland. A majority of the artwork that comes out from NIMBY defines Oakland and it’s culture. The culture of artists, living and working together to create a shared vision. People from outside of Oakland look up to this art, and use it to redefine what Oakland has become, a growing artistic hub. Artwork created at NIMBY (or Oakland in general) that is shown abroad, represents this new cultural direction that is being created.
For me, its more than clear that NIMBY and their fellow artists are definitely a culture of it’s own.
“several thousand-dollar fee”? Sounds like they want more $ by not approving it the first go-round, state budget crisis, furloughs, etc. etc.
“Money sometimes oils the wheels of justice.” *cough* for some values of justice.
So what can we do for you?
Write letters? Send dollars? Attend meetings?
How do we help?!?
As we focus our efforts on continuing to work WITH city officials as much as possible - step 1 is we need dollars. Oakland does a lot to support the arts - and we hope that support will translate back into aiding the spaces where art is created in operating legally.
Our art space here in Iowa just worked together to get a law changed so that we may have more cultural events that go all night. We have hit constant barriers from beaurocracy since they cannot define us (we are a theatre/bar/art gallery/studios/dance studio/green room/public house).We did this by hitting them on many levels : grassroots (appeals from the heart, people speaking for us in city council), intellectual (good for city , brings tourists), media (silly des moines not letting this happen, are they backword?), legal (lawyer dissected laws for us). If we can do this in Iowa you can out there with your vast resources in the burner community and at large. If you want to spout off at from someone afar or any questions about our strategy feel free to contact me!