(a) Definitions.
(1) “Bedroom” means a habitable room designed and used for sleeping purposes, and which has a minimum habitable floor area of eighty (80) square feet.
(2) “Efficiency unit” means an apartment or condominium unit, which is designed or used as both a living room and bedroom with no separate bedroom.
(3) “Habitable bedroom floor area” means the sum of the gross horizontal area of each individual bedroom of a dwelling unit, apartment or condominium unit.
(4) “Habitable floor area” means the sum of the gross horizontal area of the habitable rooms of a dwelling unit, apartment or condominium unit, provided:
A. No area of habitable room which is less than seven (7) feet in width shall be included in the habitable floor area; and
B. As to habitable rooms on the second and third floors of dwelling units, apartments, or condominium units, only the area with a clear ceiling height of seven (7) feet shall be included in the habitable floor area.
(5) “Habitable room” means a room or enclosed floor space in a dwelling unit, apartment or condominium unit which is contiguous with the dwelling unit, apartment or condominium unit and exclusively occupied by the family which occupies the dwelling unit, apartment or condominium unit, and intended to be used for living, sleeping or eating purposes, but excluding the following: kitchens (except kitchens where eating space is included in a room also used for kitchen or cooking purposes), bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, basement recreation rooms, interior rooms not provided with natural light and ventilation, and special purpose rooms shared by more than one (1) dwelling unit and provided:
A. A habitable room on the first floor of a dwelling unit, apartment or condominium unit shall have a clear ceiling height of not less than seven (7) feet six inches;
B. A room on a second or third floor of a dwelling unit, apartment, or condominium unit shall have a clear ceiling height of seven (7) feet in at least two-thirds (2/3) of the total floor area of the room;
(6) “Maximum number of occupants” means:
A. The greatest number of persons who may occupy a dwelling unit, apartment or condominium unit where each of the following criteria have been met:
1. The standards set forth in subsection (b) hereof relating to minimum habitable floor area and minimum habitable bedroom floor area are satisfied; and
2. No more than two persons shall occupy a bedroom; or
B. The greatest number of persons who may occupy an efficiency unit where the standards set forth in subsection (b) hereof relating to minimum habitable floor area have been satisfied.
(b) Minimum Habitable Floor Area; Minimum Habitable Bedroom Floor Area. The minimum habitable floor area and the minimum habitable bedroom floor area per occupant of a dwelling unit, apartment or condominium unit area shall be as set forth below:
Number of Occupants | Minimum Habitable Floor Area | Minimum Habitable Bedroom Floor Area |
1 | 250 sq. ft. | 80 sq. ft. |
2 | 400 sq. ft. | 100 sq. ft. |
Each aditional | + 150 sq. ft. | + 50 sq. ft. |
(c) No dwelling unit, apartment, condominium unit or efficiency unit may be occupied by a number of occupants which exceeds the standards set forth in this section, except:
(1) Occupants who occupy a dwelling unit, apartment, condominium unit or efficiency unit on the effective date of this section may do so in violation of this Zoning Ordinance without penalty for a period of twelve (12) months beginning with the effective date of this section, or until the expiration of a written lease (excluding extensions, options or renewals), whichever period is longer; and
(2) Occupants who are otherwise in compliance with this section, and who become in violation of this section because of 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.
(d) A decision of the Building Commissioner may be appealed to the Board of Housing Code Appeals as provided by Section 1409.09
.