§ 21.302.30 WORK/LIVE UNITS.
   (a)   Purpose and intent. To establish standards for the appropriate development of buildings that incorporate both living and working space, particularly within existing buildings. The intent is to provide opportunities for people to live in mixed use industrial areas when compatible with existing uses.
   (b)   Applicability. Any commercial or industrial use permitted in the zoning district applicable to the property is permitted in the work/live unit, except for the following: commercial food service requiring a license, motor vehicle service or repair, liquor sales, dry cleaners, adult entertainment, or uses with an H classification in the International Building Code. A dwelling for watchman is not considered a work/live unit and is therefore not subject to this section.
   (c)   Standards. Work/live units must meet the following standards:
      (1)   Building Code compliance. The work/live unit must meet current Minnesota State Building Code and International Property Maintenance Code provisions, including, but not limited to, fire resistance and sound insulation standards between units.
      (2)   The living space must include a kitchen and a bathroom consistent with requirement for a dwelling unit apart from the work space.
      (3)   The gross floor area of the work space must be at least two times the gross floor area of the living space.
      (4)   Each living space floor area must be no less than 400 square feet and no greater than 1,000 square feet.
         (A)   The living area must be located above or substantially behind the working space relative to the street and must be separated from the work space by a wall or floor/ceiling, which may include a door.
         (B)   The living area must be attached and contiguous to the working space with which it is associated.
         (C)   Separate entrances must be maintained for both the living area and the working space.
         (D)   If more than one work/live unit is present on a site, each unit must have a physically separated work area.
      (5)   Work/live units located at street level are subject to the following standards:
         (A)   A minimum of 80% of a structure's street front façade measured along each street frontage must be occupied by nonresidential uses.
         (B)   A minimum of 50% of a structure's ground level floor area must be a nonresidential use.
      (6)   To indicate that the building is used for residential purposes, signs or symbols must be placed at designated locations on the exterior of each building approved as joint living and working quarters as approved by the Fire Department.
      (7)   Inspection. The Fire Department may perform periodic code inspections of the unit, including residential dwelling areas, upon request of the Fire Department. The Fire Department may enforce all applicable codes to protect public health, safety, and welfare.
      (8)   Rental license. If not occupied by the property owner, a license is required per § 14.569; the work/live unit must meet all requirements of Chapter 14, Article VIII.
      (9)   Additional requirements. Work/live units and buildings must comply with any additional requirements imposed by the Building, Fire, Police, and Public Works Departments intended to protect public health, safety, and welfare.
   (d)   Occupants.
      (1)   The living unit must be occupied and used by the operator of the business occupying the associated work space and their household;
      (2)   The residential portion of the unit is limited in occupancy to one family as defined by city code;
      (3)   No portion of a work/live unit may be separately rented or sold as a work space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.
   (e)   Parking.
      (1)   For the nonresidential uses on the property, parking requirements in § 21.301.06 must be met.
      (2)   For residential uses on the property, one parking space is required for each unit.
      (3)   No recreational vehicles may be stored on site.
   (f)   Conditional use permit content requirements. Any application for a work/live unit must be accompanied by:
      (1)   An existing conditions survey showing property lines, existing and proposed structures, setbacks, and existing and proposed off-street parking;
      (2)   A narrative describing the proposed work/live unit; and
      (3)   A floor plan depicting the dwelling area and the work area within the work/live unit, indicating points of entrance, and providing the total floor area for the dwelling area and the work area.
(Ord. 2019-2, passed 1-7-2019)