The Live-Work Overlay (LWO) District is established to permit and promote shared occupancy by residential uses in combination with work activities in suitable locations. By facilitating establishment of such “live-work” space, the district is intended to meet an identified need for buildings that combine living space with work space. In addition, the district is intended to assist in revitalizing areas impacted by the presence of under-utilized and deteriorated buildings suitable for re-use as live-work space.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   (a)   “Live-Work Unit” means a room or rooms used by a single household both as a dwelling unit and as a “Work Space,” as defined herein, where such Work Space occupies at least fifty percent (50%) of the unit’s total floor area. The living space of a Live-Work unit shall contain a kitchen area and sanitary facilities.

   (b)   “Work Space” means an area within a Live- Work Unit that is designed or equipped exclusively or principally for the conduct of work activities and is to be regularly used for such work activities by one (1) or more occupants of the unit.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   The LWO District shall be mapped as an overlay district by an ordinance of Council, and shall be mapped only in locations where the underlying zoning district is a Business District, a Residence-Industry District, a Semi-Industry District or a General Industry District. The regulations of the underlying district shall govern except where in conflict with the regulations of the LWO District. The LWO District shall be mapped in an area where the underlying zoning prohibits residential occupancy only if it has been determined that current and anticipated future uses in the immediate vicinity will be compatible with live-work occupancy.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   No Live-Work Unit shall be occupied nor shall the use of a Live-Work Unit, including the work use, be changed without issuance of a Certificate of Occupancy by the Commissioner of Building and Housing. Such Certificate shall be issued only if the Commissioner determines that the proposed work activities and living space meet all applicable regulations of these Codified Ordinances. including the Health and Fire Codes.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   All uses permitted in the underlying zoning district shall be permitted in a LWO District except as provided in this section.

   (a)   Conditionally Permitted Uses. Notwithstanding otherwise applicable restrictions on residential occupancy in Semi-Industry and General Industry Districts, such residential occupancy shall be permitted in a LWO District as part of a Live-Work Unit if approved by the City Planning Commission in accordance with the conditional use criteria of Section 346.06.

   (b)   Prohibited Uses. The following uses and activities are prohibited within a Live-Work Unit:

      (1)   Amusement and recreation uses, as listed in Section 343.11;

      (2)   Adult entertainment uses, as listed in Section 347.07;

      (3)   Pet stores, kennels, animal hospitals;

      (4)   Gun and firearms sales;

      (5)   Automotive service stations, and motor vehicle repair garages; and

      (6)   Liquor sales.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   (a)   Approval Criteria. The City Planning Commission shall approve establishment of Live-Work space as a Conditional Use in a General Industry District or in that portion of a Semi-Industry District where residential uses are otherwise prohibited if the Commission determines that the following conditions have been met.

      (1)   The subject building was constructed prior to the initial effective date of this chapter.

      (2)   Individuals residing in Live-Work Units will not be subject to excessive levels of noise, vibration, fire hazards, explosion hazards, smoke, or other potentially harmful health or environmental conditions by existing or likely future industrial uses and conditions in the immediate vicinity.

      (3)   By virtue of the nature and location of current and likely future uses, existing industrial or commercial activities in the immediate vicinity will not be impaired by the presence of the proposed Live-Work Units.

   (b)   Notice Requirements. Prior to taking action on any application for establishment of a Live-Work Unit, the City Planning Commission shall notify the Division of Fire of such application and shall seek its comment on applicable safety issues. Subsequent to approving establishment of a Live-Work Unit, the Commission shall notify the Division of Fire of such approval, including the address of the subject property.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   A wall dividing the living space from the Work Space is not required in any Live-Work Unit, but each Live-Work Unit shall be separated from all other uses in the building and shall have separate access either from the building exterior or from an interior corridor that is separate from such other uses. The bathroom in any Live-Work Unit shall be enclosed and shall comply with requirements of the Building and Housing Code. All Live-Work Units shall comply with applicable Fire Code regulations, including applicable fire resistance requirements and emergency egress requirements of the Codified Ordinances. Each exterior door providing access to Live-Work Units shall be identified by a plaque marked in lettering at least two (2) inches in height with the words “Live-Work Units” or similar language.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   (a)   Parking. Within a LWO District, no additional parking shall be required for establishment of a Live-Work Unit in a building which was constructed prior to the initial effective date of this chapter. For a Live-Work Unit proposed in a building first occupied after the initial effective date of this chapter, parking shall be provided to meet the requirements of the underlying zoning district. Such parking requirements shall be applied in a manner that considers each Live-Work Unit as a single dwelling unit and that measures the floor area of Work Space exclusive of the area devoted to living space.

   (b)   Signs. Signs shall be permitted in accordance with the regulations applicable to the underlying zoning district.

   (c)   Yards. Within a LWO District, requirements for residential interior side yards and rear yards shall not apply to a Live-Work Unit established in a building which was constructed prior to the initial effective date of this chapter.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   In a General Industry District and in any portion of a Semi-Industry District where residential occupancy is otherwise prohibited, the Certificate of Occupancy establishing a Live-Work Unit or changing the use of a Live-Work Unit shall include a statement, signed by the applicant, stating the following: “The applicant acknowledges that the Live-Work Unit is located in an area zoned for industrial uses that may be incompatible with a typical residential environment. The applicant further acknowledges that these and future industrial uses in this district have the right to operate without any restrictions other than those applicable to uses in the underlying industrial zoning district or otherwise imposed by law.” Such language shall be included in any lease or deed pertaining to the Live-Work space.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)

   In addition to otherwise required plans and information, any application to establish a Live-Work Unit or to change the use of a Live-Work Unit, including the work use, shall identify the nature of the work activities to be performed in the Live-Work Unit and shall be accompanied by a floor plan that identifies those areas to be used as living space and those areas to be used as Work Space. Such plan shall also identify the nature and location of equipment, furnishings or other improvements that cause the Work Space to meet the definition in division (b) of Section 346.02. For applications subject to the conditional use provisions of Section 346.06, the owner or lessor of the property shall demonstrate that the environmental condition of the property is not harmful to human health and safety and is safe for residential use. Such demonstration may be made through the issuance of a “No Further Action” Letter by a Certified Professional pursuant to the requirements for residential sites of RC Chapter 3746 et seq. (the “Ohio Voluntary Action Program”). A “No Further Action” Letter shall not relieve the owner or lessor from compliance with any applicable municipal, state or federal law. If the applicant does not possess a “No Further Action” Letter as described above, the applicant must submit a Phase I or Phase 2 environmental assessment, as applicable, to demonstrate that the site meets environmental standards for residential use. If an environmental assessment shows environmental threats to residential occupancy, then the owner must demonstrate that those conditions have been abated.

(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)

   Appeals from the decision of the City Planning Commission to approve or disapprove the establishment of a Live-Work space as a Conditional Use in a General Industry District or in that portion of a Semi-Industry District where residential uses are otherwise prohibited shall be made to the Board of Zoning Appeals.

(Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01)