Amended IN Senate June 18, 2018 Amended IN Assembly April 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 565Introduced by Assembly Member BloomFebruary 14, 2017 An act to amend Section 17958.11 of add Section 18941.11 to the Health and Safety Code, relating to building standards. LEGISLATIVE COUNSEL'S DIGESTAB 565, as amended, Bloom. Building standards: alternative building regulations: artists housing. live/work units.The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. This bill would require the commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2019, to establish or revise the definition of live/work unit, as applicable, and to consider in those determinations, among other things, reflecting the types of combined live and work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.Existing law authorizes any city or county to adopt alternative building regulations for the conversion of commercial or industrial buildings to joint living and work quarters.This bill would authorize those regulations to include provisions for housing artists, artisans, and other similarly situated individuals, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces. (b) For purposes of subdivision (a), the commission shall consider, but is not limited to:(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.SECTION 1.Section 17958.11 of the Health and Safety Code is amended to read:17958.11.(a)(1)A city or county may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint living and work quarters. As used in this section, joint living and work quarters means residential occupancy by a family maintaining a common household, or by not more than four unrelated persons, of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which include (1) cooking space and sanitary facilities in conformance with local building standards adopted pursuant to Section 17958 or 17958.5 and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein.(2)The alternative building regulations adopted pursuant to this section shall be applicable in those geographic areas specifically designated for such occupancy, or as expressly permitted by a redevelopment plan with respect to a redevelopment project area. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to Section 17922, except as otherwise provided in this section, but in permitting repairs, alterations, and additions necessary to accommodate joint living and work quarters, the alternative building regulations shall impose such requirements as will, in the determination of the local governing body, protect the public health, safety, and welfare.(3)The alternative building regulations adopted pursuant to this section may include provisions for housing for artists, artisans, or similarly situated individuals where the household may be comprised of multiple individuals, adults and children, and at least one member of the household is an artist, artisan, or similarly situated individual. The regulation shall not require that the artist, artisan, or similarly situated individual derive an income from the art or creative work.(b)The Legislature hereby finds and declares that a substantial number of manufacturing and commercial buildings in urban areas have lost manufacturing and commercial tenants to more modern manufacturing and commercial premises, and that the untenanted portions of such buildings constitute a potential resource capable, when appropriately altered, of accommodating joint living and work quarters which would be physically and economically suitable particularly for use by artists, artisans, and similarly-situated individuals. The Legislature further finds that the public will benefit by making such buildings available for joint living and work quarters for artists, artisans, and similarly-situated individuals because (1) conversion of space to joint living and work quarters provides a new use for such buildings contributing to the revitalization of central city areas, (2) such conversion results in building improvements and rehabilitation, and (3) the cultural life of cities and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts.(c)The Legislature further finds and declares that (1) persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of materials therefor, and of the products thereof, than are regularly found in dwellings, (2) the financial remunerations to be obtained from a career in the arts are generally small, (3) persons regularly engaged in the arts generally find it financially difficult to maintain quarters for their artistic endeavors separate and apart from their places of residence, (4) high property values and resulting rental costs make it particularly difficult for persons regularly engaged in the arts to obtain the use of the amount of space required for their work, and (5) the residential use of such space is accessory to the primary use of such space as a place of work.(d)It is the intent of the Legislature that local governments have discretion to define geographic areas which may be utilized for joint living and work quarters and to establish standards for such occupancy, consistent with the needs and conditions peculiar to the local environment. The Legislature recognizes that building code regulations applicable to residential housing may have to be relaxed to provide joint living and work quarters in buildings previously used for commercial or industrial purposes.(e)For purposes of this section, an artist, artisan, and similarly situated individual includes, but is limited to, all of the following:(1)A person who works in, or is skilled in, any of the fine arts, including, but not limited to, painting, drawing, sculpture, books arts, printmaking, and mixed media.(2)A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, photography, music composition, choreography, architecture, film, and video and computer arts.(3)A person who creates functional art, including, but not limited to, metal, textile, paper, wood, ceramic, glass, or plastic objects.(4)A performer or theatrical artist, including, but not limited to, singers, dancers, musicians, actors, and performance artists, and costume, lighting, sound, and set designers.(5)In all arts disciplines a designer, technician, craftsperson, teacher, or administrator who is dedicated to using their expertise within his or her community to support, promote, present, teach, or propagate their art form, or to do all of these, through events, activities, performances, and classes.
Amended IN Senate June 18, 2018 Amended IN Assembly April 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 565Introduced by Assembly Member BloomFebruary 14, 2017 An act to amend Section 17958.11 of add Section 18941.11 to the Health and Safety Code, relating to building standards. LEGISLATIVE COUNSEL'S DIGESTAB 565, as amended, Bloom. Building standards: alternative building regulations: artists housing. live/work units.The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. This bill would require the commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2019, to establish or revise the definition of live/work unit, as applicable, and to consider in those determinations, among other things, reflecting the types of combined live and work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.Existing law authorizes any city or county to adopt alternative building regulations for the conversion of commercial or industrial buildings to joint living and work quarters.This bill would authorize those regulations to include provisions for housing artists, artisans, and other similarly situated individuals, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate June 18, 2018 Amended IN Assembly April 20, 2017
Amended IN Senate June 18, 2018
Amended IN Assembly April 20, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 565
Introduced by Assembly Member BloomFebruary 14, 2017
Introduced by Assembly Member Bloom
February 14, 2017
An act to amend Section 17958.11 of add Section 18941.11 to the Health and Safety Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 565, as amended, Bloom. Building standards: alternative building regulations: artists housing. live/work units.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. This bill would require the commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2019, to establish or revise the definition of live/work unit, as applicable, and to consider in those determinations, among other things, reflecting the types of combined live and work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.Existing law authorizes any city or county to adopt alternative building regulations for the conversion of commercial or industrial buildings to joint living and work quarters.This bill would authorize those regulations to include provisions for housing artists, artisans, and other similarly situated individuals, as described.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years.
This bill would require the commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2019, to establish or revise the definition of live/work unit, as applicable, and to consider in those determinations, among other things, reflecting the types of combined live and work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.
Existing law authorizes any city or county to adopt alternative building regulations for the conversion of commercial or industrial buildings to joint living and work quarters.
This bill would authorize those regulations to include provisions for housing artists, artisans, and other similarly situated individuals, as described.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces. (b) For purposes of subdivision (a), the commission shall consider, but is not limited to:(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.SECTION 1.Section 17958.11 of the Health and Safety Code is amended to read:17958.11.(a)(1)A city or county may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint living and work quarters. As used in this section, joint living and work quarters means residential occupancy by a family maintaining a common household, or by not more than four unrelated persons, of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which include (1) cooking space and sanitary facilities in conformance with local building standards adopted pursuant to Section 17958 or 17958.5 and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein.(2)The alternative building regulations adopted pursuant to this section shall be applicable in those geographic areas specifically designated for such occupancy, or as expressly permitted by a redevelopment plan with respect to a redevelopment project area. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to Section 17922, except as otherwise provided in this section, but in permitting repairs, alterations, and additions necessary to accommodate joint living and work quarters, the alternative building regulations shall impose such requirements as will, in the determination of the local governing body, protect the public health, safety, and welfare.(3)The alternative building regulations adopted pursuant to this section may include provisions for housing for artists, artisans, or similarly situated individuals where the household may be comprised of multiple individuals, adults and children, and at least one member of the household is an artist, artisan, or similarly situated individual. The regulation shall not require that the artist, artisan, or similarly situated individual derive an income from the art or creative work.(b)The Legislature hereby finds and declares that a substantial number of manufacturing and commercial buildings in urban areas have lost manufacturing and commercial tenants to more modern manufacturing and commercial premises, and that the untenanted portions of such buildings constitute a potential resource capable, when appropriately altered, of accommodating joint living and work quarters which would be physically and economically suitable particularly for use by artists, artisans, and similarly-situated individuals. The Legislature further finds that the public will benefit by making such buildings available for joint living and work quarters for artists, artisans, and similarly-situated individuals because (1) conversion of space to joint living and work quarters provides a new use for such buildings contributing to the revitalization of central city areas, (2) such conversion results in building improvements and rehabilitation, and (3) the cultural life of cities and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts.(c)The Legislature further finds and declares that (1) persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of materials therefor, and of the products thereof, than are regularly found in dwellings, (2) the financial remunerations to be obtained from a career in the arts are generally small, (3) persons regularly engaged in the arts generally find it financially difficult to maintain quarters for their artistic endeavors separate and apart from their places of residence, (4) high property values and resulting rental costs make it particularly difficult for persons regularly engaged in the arts to obtain the use of the amount of space required for their work, and (5) the residential use of such space is accessory to the primary use of such space as a place of work.(d)It is the intent of the Legislature that local governments have discretion to define geographic areas which may be utilized for joint living and work quarters and to establish standards for such occupancy, consistent with the needs and conditions peculiar to the local environment. The Legislature recognizes that building code regulations applicable to residential housing may have to be relaxed to provide joint living and work quarters in buildings previously used for commercial or industrial purposes.(e)For purposes of this section, an artist, artisan, and similarly situated individual includes, but is limited to, all of the following:(1)A person who works in, or is skilled in, any of the fine arts, including, but not limited to, painting, drawing, sculpture, books arts, printmaking, and mixed media.(2)A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, photography, music composition, choreography, architecture, film, and video and computer arts.(3)A person who creates functional art, including, but not limited to, metal, textile, paper, wood, ceramic, glass, or plastic objects.(4)A performer or theatrical artist, including, but not limited to, singers, dancers, musicians, actors, and performance artists, and costume, lighting, sound, and set designers.(5)In all arts disciplines a designer, technician, craftsperson, teacher, or administrator who is dedicated to using their expertise within his or her community to support, promote, present, teach, or propagate their art form, or to do all of these, through events, activities, performances, and classes.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces. (b) For purposes of subdivision (a), the commission shall consider, but is not limited to:(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.
SECTION 1. Section 18941.11 is added to the Health and Safety Code, to read:
### SECTION 1.
18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces. (b) For purposes of subdivision (a), the commission shall consider, but is not limited to:(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.
18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces. (b) For purposes of subdivision (a), the commission shall consider, but is not limited to:(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.
18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces. (b) For purposes of subdivision (a), the commission shall consider, but is not limited to:(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.
18941.11. (a) The commission shall, in the adoption process for the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2019, establish a definition for live/work unit in the California Residential Code and update the definition of live/work unit in the California Building Code. The commission shall develop or update, as applicable, a definition that reflects the types of combined live and work occupancy and use within residential dwelling units, including, but not limited to, live/work units, joint live/work quarters, artist lofts, artist-in-residence units, work/live units, home offices, home-based studios, workshops, or other entrepreneurial spaces.
(b) For purposes of subdivision (a), the commission shall consider, but is not limited to:
(1) Clarifying the California Building Code and the California Residential Code to reflect live/work occupancy in commercial zoning districts and home occupation occupancy in residential zoning districts.
(2) Clarifying the conditions under which residential live/work dwelling units within a commercial or industrial zoning district may be constructed as a Group R-3 occupancy pursuant to the California Residential Code.
(3) Establishing, as a complement to the 3,000-square-foot in total live/work floor area in the California Building Code, a minimum floor area for the nonresidential portion of a residential live/work dwelling unit in the California Residential Code.
(4) Expanding the allowable occupancy of the residential portion of a live/work space to more accurately reflect individuals that may live and work in the live/work unit, for example property owners, building owners, unit owners in a common interest development, or business owners or their employees.
(5) Updating accessibility criteria in combined live and work situations in a manner that considers whether or not a unit is open to the general public and whether or not employees are regularly working in the nonresidential portion of the unit.
(a)(1)A city or county may adopt alternative building regulations for the conversion of commercial or industrial buildings, or portions thereof, to joint living and work quarters. As used in this section, joint living and work quarters means residential occupancy by a family maintaining a common household, or by not more than four unrelated persons, of one or more rooms or floors in a building originally designed for industrial or commercial occupancy which include (1) cooking space and sanitary facilities in conformance with local building standards adopted pursuant to Section 17958 or 17958.5 and (2) adequate working space reserved for, and regularly used by, one or more persons residing therein.
(2)The alternative building regulations adopted pursuant to this section shall be applicable in those geographic areas specifically designated for such occupancy, or as expressly permitted by a redevelopment plan with respect to a redevelopment project area. The alternative building regulations need not impose the same requirements as regulations adopted pursuant to Section 17922, except as otherwise provided in this section, but in permitting repairs, alterations, and additions necessary to accommodate joint living and work quarters, the alternative building regulations shall impose such requirements as will, in the determination of the local governing body, protect the public health, safety, and welfare.
(3)The alternative building regulations adopted pursuant to this section may include provisions for housing for artists, artisans, or similarly situated individuals where the household may be comprised of multiple individuals, adults and children, and at least one member of the household is an artist, artisan, or similarly situated individual. The regulation shall not require that the artist, artisan, or similarly situated individual derive an income from the art or creative work.
(b)The Legislature hereby finds and declares that a substantial number of manufacturing and commercial buildings in urban areas have lost manufacturing and commercial tenants to more modern manufacturing and commercial premises, and that the untenanted portions of such buildings constitute a potential resource capable, when appropriately altered, of accommodating joint living and work quarters which would be physically and economically suitable particularly for use by artists, artisans, and similarly-situated individuals. The Legislature further finds that the public will benefit by making such buildings available for joint living and work quarters for artists, artisans, and similarly-situated individuals because (1) conversion of space to joint living and work quarters provides a new use for such buildings contributing to the revitalization of central city areas, (2) such conversion results in building improvements and rehabilitation, and (3) the cultural life of cities and of the state as a whole is enhanced by the residence in such cities of large numbers of persons regularly engaged in the arts.
(c)The Legislature further finds and declares that (1) persons regularly engaged in the arts require larger amounts of space for the pursuit of their artistic endeavors and for the storage of materials therefor, and of the products thereof, than are regularly found in dwellings, (2) the financial remunerations to be obtained from a career in the arts are generally small, (3) persons regularly engaged in the arts generally find it financially difficult to maintain quarters for their artistic endeavors separate and apart from their places of residence, (4) high property values and resulting rental costs make it particularly difficult for persons regularly engaged in the arts to obtain the use of the amount of space required for their work, and (5) the residential use of such space is accessory to the primary use of such space as a place of work.
(d)It is the intent of the Legislature that local governments have discretion to define geographic areas which may be utilized for joint living and work quarters and to establish standards for such occupancy, consistent with the needs and conditions peculiar to the local environment. The Legislature recognizes that building code regulations applicable to residential housing may have to be relaxed to provide joint living and work quarters in buildings previously used for commercial or industrial purposes.
(e)For purposes of this section, an artist, artisan, and similarly situated individual includes, but is limited to, all of the following:
(1)A person who works in, or is skilled in, any of the fine arts, including, but not limited to, painting, drawing, sculpture, books arts, printmaking, and mixed media.
(2)A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, photography, music composition, choreography, architecture, film, and video and computer arts.
(3)A person who creates functional art, including, but not limited to, metal, textile, paper, wood, ceramic, glass, or plastic objects.
(4)A performer or theatrical artist, including, but not limited to, singers, dancers, musicians, actors, and performance artists, and costume, lighting, sound, and set designers.
(5)In all arts disciplines a designer, technician, craftsperson, teacher, or administrator who is dedicated to using their expertise within his or her community to support, promote, present, teach, or propagate their art form, or to do all of these, through events, activities, performances, and classes.