(a) Occupancy. Every rental dwelling unit situated within the Village shall not be permitted to be occupied until such time as the same has been found to be in full compliance with the following:
(b) Square Footage Requirements.
(1) Every rental dwelling unit shall have not less than 300 square feet of habitable floor area and shall contain at least one room which has not less than 120 square feet of habitable floor area and which is not less than ten feet in width, provided that no room used to compute compliance with such 300 square feet minimum limitation shall be less than seven feet in width nor have less than seventy square feet of habitable floor area.
(2) No portion of any room that is less than seven feet in width shall be included in determining habitable floor area.
(3) All habitable rooms shall have a clear ceiling height of not less than seven feet, provided that rooms with sloping ceilings shall have a clear height of not less than seven feet, six inches, in at least one-half of their habitable floor area. In determining the habitable floor area of rooms with sloping ceilings, all portions of less than four feet in height shall be disregarded.
(4) Every rental dwelling unit shall contain at least 300 square feet of habitable floor area for the first occupant thereof and at least 120 additional square feet of habitable floor space for every two (2) additional occupants thereof. In no case shall any rental dwelling unit contain less than 300 square feet of habitable floor area.
(5) Every room for sleeping purposes shall contain not less than 120 square feet of habitable floor area.
(c) Standards for Habitable Rooms Below Grade.
(1) No room that has its floor level below grade shall be occupied as a habitable room unless it conforms to the following standards set forth in this Chapter, in addition to all other requirements of this Code for habitable room.
(2) The room shall be originally designed and constructed, or legally converted, for use as a habitable room.
(3) The walls and floor enclosing the room shall be maintained in such condition as to prevent the entrance of moisture into the habitable space.
(4) All required openings for light and ventilation shall be located entirely above the average adjoining grade.
(5) The height of the finished ceiling of such room above the average adjoining ground level shall be at least fifty percent of the finished ceiling height of the room.
(6) The room shall also comply with all other provisions of the State building and fire codes.
(d) Required Windows; Required Window Area. Every habitable room shall be provided with natural light by one or more windows or approved equivalent facing upon an approved open space. The aggregate glass area of such required windows shall be not less than four percent of the habitable floor area of the room served by them.
(e) Required Ventilation Area.
(1) Every habitable room shall be provided with natural ventilation by one or more operable windows or approved equivalent. The aggregate operable area of such ventilation openings shall be not less than four percent of the habitable floor area of the room served by them.
(2) Every operable window shall be fully supplied with insect screening.
(f) Required Light and Ventilation and Facilities for Kitchens, Bathrooms, and Water- Closet Compartments.
(1) Every kitchen, bathroom and water closet compartment located within a rental dwelling unit shall be provided with light and ventilation as prescribed for habitable rooms, except that in no case shall the aggregate glass area in each room be less than three square feet. Where an approved exhaust ventilation system and approved artificial light are installed in such a manner as to be in operation at all times when any such room is occupied, no natural light or ventilation shall be required.
(2) Every rental dwelling unit shall be provided with not less than the following sanitary facilities contained within a room that shall afford privacy to any occupant thereof:
A. A water closet contained within a bathroom or water closet compartment enclosed in such a manner as to ensure privacy. A water closet or bathroom may be installed in the cellar of any rental dwelling structure only when it is supplementary and additional to those other water closets and/or water closet compartments required by the provisions of this Chapter.
B. A bathtub or shower contained within a bathroom and enclosed in such a manner as to ensure privacy.
C. A lavatory sink.
D. A kitchen sink installed in connection with the main cooking facilities of the rental dwelling unit. No such kitchen sink shall be placed within any water-closet compartment or within any bathroom containing a water closet.
E. Every rental dwelling unit shall be provided with one, and only one, complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities. No such kitchen facilities shall be placed within any water-closet compartment or within any bathroom.
F. Communal kitchens and/or bathrooms are strictly prohibited.
G. All plumbing fixtures in a rental dwelling unit shall be supplied with running water from the Village water system.
H. Every rental dwelling unit shall have an approved supply of running hot water properly connected to all plumbing fixtures requiring hot water.
I. All plumbing fixtures in a rental dwelling unit shall be so designed and installed as to prevent contamination of the Village water system.
J. All plumbing fixtures in a rental dwelling unit shall be connected to a public sanitary sewer.
(g) Heating Facilities and Supply of Heat.
(1) Every rental dwelling unit shall be provided with approved heating facilities capable of maintaining an average temperature of seventy degrees Fahrenheit (70°F) in all habitable rooms, kitchens, bathrooms and water- closet compartments when the outdoor temperature is minus five degrees Fahrenheit (-5°F), without forcing the facilities to operate in excess of their design capacity.
(2) The owner, agent or person having charge of a rental dwelling unit, who rents or leases any dwelling unit therein under an agreement, express or implied, to supply or furnish heat to the occupants thereof shall supply heat adequate to maintain an inside temperature of not less than seventy degrees Fahrenheit (70°F) for the entire twenty-four hour period of each day in all habitable rooms, bathrooms, water-closet compartments and kitchens whenever the outside temperature falls below fifty degrees Fahrenheit (50°F). Such inside temperature shall be measured in the approximate center of each room approximately three feet above the floor.
(3) Every appliance or piece of equipment burning solid, liquid or gaseous fuel, where permitted, shall be properly connected to an approved smoke pipe and flue. However, any appliance approved for use without such connections is exempted from the requirements of this section.
(4) No heating equipment, including water heaters, which burns solid, liquid or gaseous fuel shall be located in any bedroom, bathroom or toilet room, under stairways or in any room used for sleeping purposes, unless specifically approved for such use.
(h) Electrical Facilities Required.
(1) Every dwelling structure shall be provided with approved electrical service, outlets and fixtures that shall be installed and maintained so as to be free of any potential source of ignition of combustible material or electrical hazard.
(2) Such facilities shall be approved as being adequate to supply the requirements of lighting, appliances and equipment of the structure concerned.
(i) Rubbish and Garbage Disposal.
(1) Every occupant of a rental dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in approved receptacles or in other suitable, approved, rubbish disposal facilities.
(2) Every occupant of a rental dwelling unit shall dispose of all his garbage and other organic waste, which might provide food for varmints, insects or rodents, in a clean and sanitary manner by placing it in approved nonleakable, nonabsorbent, covered garbage storage receptacles or in other approved garbage disposal facilities.
(3) In every rental dwelling unit, the owner, agent or person having charge shall be responsible for providing and maintaining suitable, approved receptacles, for the disposal of rubbish, garbage, refuse or other waste matter. The owner, agent or person having charge of every rental dwelling unit, shall provide suitable screening to cause dumpsters that are one and one-half yards or more used for the disposal of rubbish, garbage, refuse or other waste matter to be not visible to the public at large from ground level.
(Ord. 2002-116. Passed 11-12-02.)
(4) In every rental building that has four (4) or more rental dwelling units, the owner, agent or person having charge shall provide a dumpster or Totes that have a lid that is/are capable of accommodating 90 gallons of trash per unit on a weekly basis. The required dumpster or other trash receptacles shall be screened from public view on all four sides with one side having a gate that will allow access to the dumpster or trash receptacles.
A. For the purpose of this subsection (i)(4), the following definitions shall apply:
1. Dumpster - A commercially designed large metal container for refuse that has a closable top lid(s) and/or side slide doors.
2. Totes - Containers commonly referred to as a “Tote” that are a 90 gallon container.
B. The Dumpster and/or Tote must be screened from view from a public way. Where visible from a public street or public view, the Dumpster or Tote shall be screened from street or public view by a six foot screening device on three sides. The fourth side shall be a gate which is a minimum of six feet high. The gate shall be opaque and it shall not be made of plywood or other similar material. The screening on the other three sides shall be opaque, either by the use of trees or man-made structures and maintained in an acceptable condition.
C. The Dumpster or Tote shall be located in the rear of the property or on the side of the property. The Dumpster or Tote shall not be located in front yards.
D. The owner, agent or person having charge of a building that has four (4) or more rental units shall maintain the gate to the screening device so that it remains closed except when it is being accessed by the tenants or a waste disposal company.
E. Compliance Date. The owner, agent or person having charge of a building that has four (4) or more rental units shall have 90 days to comply with the terms of this subsection (i)(4).
F. No owner and/or occupant of any property that contains four (4) or more rental units shall maintain or permit to be maintained on the property or premises any Dumpster or Tote that does not comply with the terms and conditions of this subsection (i)(4).
G. Variance. Any person affected by this subsection (i)(4) that encounters a practical difficulty or an unnecessary hardship may apply to the Planning Commission for a variance on the terms and conditions of this Ordinance. (The Planning Commission shall apply the principles of law for granting a zoning variance when they consider such a request.)
(Ord. 2015-043. Passed 5-15-15.)
(j) Maintenance Responsibilities.
(1) The owner, agent or person having charge of every rental dwelling unit shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of this Code. The owner, agent or person having charge shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.
(2) The occupant of a rental dwelling unit shall be responsible for maintaining in a clean and sanitary condition that part of the rental dwelling unit, dwelling structure or premises that he or she occupies and controls. In addition, the occupant shall be responsible for maintaining in good and safe working order the equipment and appliances that he or she owns.
(Ord. 2002-116. Passed 11-12-02.)
(3) All rental dwelling structures and all parts thereof, both exterior and interior, including, but not limited to, all sidewalks and/or driveway aprons situated thereupon, shall be maintained in good repair and shall be capable of performing the function for which said structure or part or any feature thereof was designed or intended to be used.
(Ord. 2006-24. Passed 3-7-06.)
(4) All equipment and facilities appurtenant to a rental dwelling unit shall be maintained in good and safe working order.
(5) The requirements of Chapter 1317 shall be considered in determining compliance of a rental dwelling unit with this section, such determination shall not be limited by the requirements of said section when it is determined by the Zoning Inspector or his duly designated representative, that there exists any other condition that is contrary to the intent and purpose of this section.
(k) Identification of Dwelling Units.
(1) Each rental dwelling unit must be identified with permanent numerals or letters placed on the front entrance to such dwelling unit and clearly visible from the street.
(2) Each rental dwelling unit having more than one garage unit shall have such garage units marked with permanent numerals or letters clearly visible from the street. (Ord. 2002-116. Passed 11-12-02.)
(l) Working Smoke and Carbon Monoxide Detectors Required. Every rental dwelling unit shall have a working smoke and carbon monoxide detector and these detectors shall be installed in the immediate vicinity of the sleeping areas per manufacturer specifications. Smoke detectors shall comply with all applicable Federal and State regulations and bear the label of a nationally recognized testing laboratory or approved by Factory Mutual and Underwriters Laboratories, Inc. Carbon monoxide detectors shall comply with all applicable Federal and State regulations and bear the label of a nationally recognized testing laboratory.
(Ord. 2015-042. Passed 5-5-15.)