1393.02 HABITABLE FLOOR AREA DEFINED.

   (a)    Every rental unit shall contain at least. 250 square feet of habitable floor area for the first occupant and at least 150 square feet of habitable floor area for every occupant thereof, but in no case shall any rental unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this Chapter.

   (b)    Habitable floor area shall include all of the floor area contained in a rental unit except:

      (1)   The floor area contained in any of the following rooms or areas:

         A.    Kitchens

         B.    Bathrooms

         C.    Toilet rooms

         D.    Laundries

         E.    Pantries

         F.    Dressing rooms

         G.    Storage spaces

         H.    Foyers

         I.    Hallways

         J.    Utility rooms

         K.    Boiler rooms

         L.    Basement recreation rooms

      (2)    The floor area contained in a room located on the first floor of a rental unit in which any portion of the ceiling height is less than seven (7) feet six (6) inches;

      (3)   The floor area contained in a room located on the second or third floor of a rental unit in which the ceiling height is not at least seven (7) feet in height in at least two-thirds (2/3) of the room.

      (4)    Those portions of the floor area contained in any room on any floor that are less than seven (7) feet in width;

   (c)    All bathrooms and bedrooms shall have doors that properly close and latch shut to provide privacy to the occupants thereof.

   (d)    No rental unit may be occupied by a number of occupants that exceeds the standards set forth in this section; except:

      (1)    Occupants who are otherwise in compliance with this section, and who become in violation due to the addition of a new family member, may remain in violation without penalty for a period of six (6) months from the date of addition of the new family member, or until the expiration of a written lease (excluding extensions, options or renewals), whichever is longer.

   (e)    Any person(s) adversely affected by a decision of the Building Commissioner may appeal such decision to the Planning and Zoning Commission.
(Ord. 2009-118. Passed 10-19-09.)