(a) Every new tenancy or occupancy entered into after the effective date of this Chapter shall comply with the following occupancy standards:
(1) The provisions of this Chapter and any amendments thereto.
(2) No more than one person shall occupy an efficiency unit.
(3) No more than two persons shall occupy the same bedroom.
(4) No room within a rental dwelling unit, other than a bedroom, as defined herein, shall be occupied for sleeping purposes.
(5) "Bedroom" as used in this section, shall mean any room within a dwelling unit, if such room has been specifically designed, constructed and intended primarily for sleeping purposes and is in fact used for such purposes.
(6) "Efficiency Unit" as used in this section, shall mean any rental dwelling unit that consists of an area that is commonly used as both a living room and a bedroom, has no distinct bedroom and consists of no more than 600 square feet of total floor space.
(7) A variance from the strict application of the provisions of this section, with respect to the occupancy limits of particular rental dwelling units, may be granted upon application, if and only if the Board of Zoning Appeals finds that due to unexpected circumstances arising after tenancy or occupancy is established, the strict application of this section would impose an undue hardship. An application for a variance shall be submitted to the Board for review, and may be granted only if the variance will not create a safety hazard, damage neighborhood property values or be contrary to the purposes of this Chapter. If granted, such variance shall subsist for a period determined by the Board, not to exceed one year.
(Ord. 2002-116. Passed 11-12-02.)