(A) Purpose. This section provides standards for the development of new work/live units and for the reuse of existing commercial structures to accommodate work/live opportunities where allowed by the applicable zoning district regulations of the Local Service District (LS). A work/live unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements.
(B) Design and development standards.
(1) Work/live units shall be subject to the following criteria, as well as all standards of the LS District.
(2) General prerequisites include the following: at the time of application approval and for the reasonable foreseeable future, the commercial site and surrounding area are suitable for joint residential and commercial use; the project is designed to provide flexible work space in conjunction with living areas that are conducive to work environment; and residential and commercial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues on-site as well as off-site.
(C) Space requirements.
(1) The project site must remain primarily in commercial use. At no time shall more than 50% of the combined floor area of buildings identified for reuse or new buildings constructed on a project site be dedicated or used for work/live units. All remaining floor area on a project site shall be dedicated and reserved exclusively for other commercial and uses allowable in the LS District.
(2) All designated work space shall be designed to accommodate commercial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors, and/or other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity.
(3) The living area of the work/live unit shall be at least 500 square feet and shall not be occupied so that each person residing therein shall have less than 200 square feet of living space.
(4) The living area of the work/live unit shall be attached to or part of the primary building in which a business is normally operated.
(D) Integration of commercial and living space. The commercial use shall be the primary focus of the front of the building. Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance, with the other provisions of this section.
(E) Parking requirements. Work/live units shall comply with the parking standards set forth in §§ 154.175 through 154.184. A minimum of two spaces for the residential use shall be included as part of the parking calculation. The Planning Commission may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits.
(F) Operating requirement.
(1) A work/live unit shall be occupied and used only by the owner of the business within the unit and his or her immediate family (specifically defined as spouse and children/stepchildren).
(2) The owner or developer of any structure containing work/live units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial properties in the LS District.
(3) An ongoing business must exist to allow residential occupancy of the work/live unit. If the business ceases to operate, the special land use permit shall end and the living area must be vacated within six months of the last day of business.
(4) The business and residential areas must be maintained separately and no business activity inclusive of, but not limited to, storage of any inventory or servicing or maintenance of any product shall be allowed in the residential area.
(5) Special use permits under this section shall be issued for a period of one year and must be renewed annually by application of the occupants. No fee shall be required for this renewal.
(Ord. 285, passed 12-8-2003) Penalty, see § 154.999