(A) Generally. A live-work dwelling unit (LWDU), shall be permitted use within the commercial districts as identified in § 155.132 and shall be regulated by the following standards and guidelines defined below.
(B) Live-work dwelling units. A live-work dwelling unit shall conform to the following standards and guidelines:
(1) A LWDU shall be permitted as part of a mixed-use development and will be associated with commercial uses within the same building. The residential use shall be incidental to the primary commercial use in the commercial zone. At no time shall a residential unit be permitted to be located above or adjacent to any hazardous use. If a live-work mixed use development is approved, then all commercial uses that are permitted within the use table that are of a hazardous nature shall no longer be permitted uses within that individual primary business unit;
(2) No more than two LWDUs shall be permitted per primary business unit within a development. Example: Flex space is being built on a CH parcel. Ten primary businesses operate within this parcel. A maximum of 20 LWDUs (two per primary business) are permitted;
(3) Minimum size of a LWDU shall be 600 square feet in size, shall be located within the primary business, and shall be no more than 40% of the total size of the primary business to which the units are tied;
(4) Setback requirements shall be the same as for the primary structure;
(5) Site plan review shall be required either at the time of the overall development along with the primary businesses, or if units are to be added to an existing building or development. Site plan review shall be required prior to the issuance of building permits;
(6) At the time of LWDU approval, the applicant shall demonstrate that the property on which the dwellings are proposed contains a viable business operation or will at time of development completion. The property owner shall occupy a portion of the business structure. Employees or the owner shall occupy the residential area above or behind the primary business structure. Verification of occupancy shall occur each year at time of business license renewal;
(7) Live-work dwelling units shall conform to the height limitations of the primary structure;
(8) A certificate of occupancy for an LWDU shall only be granted concurrent with or after the issuance of a certificate of occupancy for the primary business structure within the development;
(9) A deed or restrictive use covenant or CC&Rs for property management shall be signed and recorded by the property owner prior to building permit issuance for the LWDUs Property Owner’s Association to handle the commercial/residential interface. The restrictive use covenant shall be connected to the principal business unit or structure on the parcel/lot and shall state that the (LWDU) may not be sold separately from the entire property, including the primary structure;
(11) Parking standards for both commercial and residential use shall use the most restrictive parking standards of the types proposed, but shall not be required to meet both as timing for commercial and residential use of a parking lot may be shared;
(12) A building permit shall be required for an LWDU just as it would be required for all other property development according to the International Building Code and International Residential Code; and
(13) Short-term rentals are prohibited in the live-work dwelling units.
(C) Nuisances.
(1) Noise nuisances shall be enforced pursuant to the prohibitions against disorderly conduct, as provided in state law or other provisions of this chapter.
(2) No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.
(3) Complaints related to the above filed with the county shall follow the regulations and requirements of § 155.999.
(Ord. 23-09, passed 6-20-2023) Penalty, see § 155.999