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Board OKs photography business at 723 West Main despite specialty‑district coding gap

2272754 · February 12, 2025
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Summary

Joel Ferguson received a variance of use to operate a photography studio at 723 West Main Street after the board determined the zoning code omission (photographic services not listed for the Specialty District) creates an inconsistent outcome with neighboring districts.

The Madison City Board of Zoning Appeals approved a variance of use Feb. 10 allowing Joel Ferguson to operate a photography studio at 723 West Main Street in the Specialty District, concluding the existing zoning text omitted photographic services that are permitted in nearby districts.

Ferguson said the previous occupant had used the space as a photography studio and that his work will be mostly digital; he also said he intends to offer wet-plate/tintype photography but that chemical use would be controlled and recycled rather than dumped on-site. The board discussed the Historic District/Specialty District ordinance text and noted the omission of photographic services from the Specialty District list — while the use is permitted in professional general-business and central business districts.

Board members agreed that strict application of the ordinance would be inconsistent with the property’s historic uses and that a variance would allow the property to be used without waiting for a code text amendment. Members considered whether to limit the operation to digital or tintype processes but declined to add that restriction.

The board approved variance application BZVU-25-2 by roll call; the approval attaches to the property. Staff noted the variance is property‑specific; a future zoning amendment would be needed to change the allowance across the district.

Ferguson said he intends to offer digital photography and some tintype sessions for tourists and community events; he told the board tintype chemicals are handled in small quantities and stored without on-site disposal.