(a) In a one (1) floor single-family dwelling or in the first floor of any other dwelling, clear ceiling height shall be seven (7) feet six (6) inches; provided, however, that if such dwelling or part thereof shall have been constructed prior to September 18, 1972, and the height of the first floor as constructed was no less than seven (7) feet two (2) inches, then such variation from seven (7) feet six (6) inches may be approved by the Mayor or designee, so long as a valid building permit was issued for such construction, and the lesser height requirement is consistent with protection of the public health and safety of any occupants of such dwelling.
(b) In the second floor area of any dwelling, a clear ceiling height shall be seven (7) feet six (6) inches in at least two-thirds (2/3) of such floor area and a clear ceiling height of not less than five (5) feet in the remaining one-third (1/3) of such floor area, or if the dwelling structure was constructed prior to September 18, 1972, and the clear ceiling height is not less than seven (7) feet two (2) inches, and a valid permit was issued for such construction, the Mayor or designee may approve the lesser height requirement consistent with the protection of the public health and safety of any occupants of such dwelling.
(c) In the third floor of any dwelling a clear ceiling height shall be required of not less than seven (7) feet in at least two-thirds (2/3) of such floor area and not less than five (5) feet in the remaining one-third (1/3) of such floor area.
(Ord. 7-1982. Passed 2-1-82; Ord. 153-2021. Passed 12-6-21.)
(d) No room which is less than seven (7) feet in width shall be included in determining habitable floor area unless otherwise permitted by provisions of the Codified Ordinances.
(Ord. 102-1983. Passed 12-19-83.)
(e) Every dwelling unit shall contain at least 170 square feet of habitable floor area for the first occupant thereof and at least 120 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this Housing Code.
(f) In addition to the habitable floor area requirements described hereinabove, the number of persons who may occupy any dwelling unit shall be limited by the habitable floor area in rooms designed and used for sleeping purposes in accordance with the following formula:
Number of Persons | Square Feet of Sleeping Area |
One | 100 |
Two | 120 |
Each additional | 50 |
However, no room less than 100 square feet shall be counted in determining habitable floor area designed and used for sleeping purposes unless such room was designed for sleeping purposes and had been fully constructed prior to September 18, 1972, in which case such room may be lawfully used for sleeping purposes by one (1) person, provided that the dwelling unit in which such room is located shall otherwise comply with the provisions of this section and with other applicable sections of the Building Code and Zoning Code of the City; and may be lawfully used for the purpose of determining habitable floor area, the actual dimensions of each room being used.
(g) The third floor area of a double house, two (2) family dwelling or a multi-family dwelling consisting of side-by-side dwelling units, sometimes known as row houses, shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in such double house, two (2) family dwelling or multi-family dwelling to the extent permitted by subsection (g)(1) hereof, but subject to the requirements and limitations of subsection (g)(2) hereof, as follows:
(1) A. Where there are two (2) separate approved stairways from the third floor area to the ground floor of such building, seventy-five percent (75%) of the habitable floor area of the third floor shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in a double house or multi-family dwelling or occupying the second floor of a two (2) family dwelling.
B. Where there is only one (1) approved stairway from the third floor area to the ground floor of such building, fifty percent (50%) of the habitable floor area of the third floor shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in a double house or multi-family dwelling or occupying the second floor of a two (2) family dwelling.
C. For the purpose of this subsection, "approved stairway" means a stairway which satisfies the requirements of rules and regulations adopted pursuant to the provisions of this Housing Code.
(2) A. No portion of the habitable floor area on the third floor shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit on the first floor of a two (2) family dwelling.
B. No portion of the floor area on the third floor used for storage purposes shall be included in determining the habitable floor area of such third floor.
C. No portion of any room on the third floor which does not presently meet all of the requirements for habitable rooms under any section of this Housing Code shall be included in determining the habitable floor area of such third floor.
D. No portion of the habitable floor area on the third floor of any dwelling shall be used to compute compliance with the requirements for minimum habitable floor area for a family occupying a dwelling unit in such dwelling unless such family has the exclusive use, other than for storage purposes, of such third floor.
(Ord. 7-1982. Passed 2-1-82.)