§ 106.42.110. Live/Work and Work/Live

A.

Purpose. This Section provides standards for the development of new live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

1.

Live/work and work/live units are intended to be occupied by business operators who live in the same structure that contains the commercial activity or industry.

2.

A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home occupation.

3.

A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.

B.

Limitations on use. The nonresidential component of a live/work or work/live project shall be a use allowed within the applicable zone subject to the following additional limitations.

1.

Prohibited uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities:

a.

Adult businesses; or

b.

Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.).

2.

Live/work unit. A live/work unit shall not be established or used in conjunction with any of the following activities:

a.

Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

b.

Welding, machining, or any open flame work;

c.

Any use defined by Article 8 (Glossary) as "Manufacturing - Heavy"; and

d.

Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

C.

Density. Live/work and work/live units shall comply with the maximum density requirements of the applicable zoning district, except that live/work and work/live units within a zoning district that otherwise does not allow residential uses shall not exceed a density of 20 dwelling units per acre in the BP and LC zoning districts, and 40 dwelling units per acre in the SC and GC zoning districts.

D.

Design standards.

1.

Floor area requirements. The minimum net total floor area of a live/work or work/live space shall be 1,000 square feet. No more than 50 percent of the floor area shall be reserved for living space. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

2.

Separation and access. Each live/work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure.

3.

Facilities to accommodate commercial or industrial activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

4.

Integration of living and working space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not with separate access (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this Section, and living and working space may be separated by interior courtyards or similar private space. See Figure 4-1.

Figure 4-1 Live/Work Arrangement Examples

5.

Mixed occupancy buildings. If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the Building Official.

6.

Parking. Each live/work or work/live unit shall be provided at least two off-street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking, or may require additional parking based on the nature of the proposed work activities.

E.

Operating requirements.

1.

Occupancy. A live/work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.

2.

Sale or rental of portions of unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.

3.

Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

4.

Nonresident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the Minor Use Permit or Use Permit. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements.

5.

Client and customer visits. Client and customer visits to live/work or work/live units are permitted subject to any applicable conditions of the applicable Minor Use Permit or Use Permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas or uses.

F.

Changes in use. After approval, a live/work or work/live unit shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through Minor Use Permit approval. Minor Use Permit approval shall require that the Director first find that the exclusively residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants.

G.

Required findings. The approval of a live/work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for Minor Use Permit or Use Permit approval.

1.

The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection B (Limitations on use) above;

2.

The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed;

3.

The building containing live/work or work/live units and each live/work or work/live unit within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4.

Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area.