All residential dwelling units, regardless the dwelling type, shall comply with following residential occupancy limits:
(a) The term “family” as used in this Code shall be as defined in the City of Johnstown Zoning Ordinance;
(b) The City of Johnstown in following the guidelines set by the U.S. Department of Housing and Urban Development (HUD) also stipulates that no more than two persons per bedroom occupancy shall be allowed;
(c) In all cases, within each distinct and classified zoning district, each independent dwelling unit shall provide habitable living floor space totaling at least 80 square feet for the first occupant and 60 square feet for each additional occupant; and
(d) Within each defined zoning district the following maximum occupancy limits shall apply:
(1) S Conservancy District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all single-family dwellings in the (S) Conservancy District the maximum occupancy of a dwelling unit shall be one family.
(2) R1 One-Family Residential District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all single-family dwellings in the R1 One-Family Residential District the maximum occupancy of a dwelling unit shall be one family.
(3) R2 Two-Family Residential District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the R2 Two-Family Residential District the maximum occupancy of a dwelling unit shall be either:
A. One family; or
B. One more person than the number of bedrooms.
(4) R3 Multiple Family Residential District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the R3 Multiple-Family Residential District the maximum occupancy of a dwelling unit shall be either:
A. One family; or
B. One more person than the number of bedrooms.
(5) TND Traditional Neighborhood District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the TND Traditional Neighborhood District the maximum occupancy of a dwelling unit shall be either:
A. One family; or
B. One more person than the number of bedrooms.
(6) H Health Service and Medical Center District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the H Health Service and Medical Center District the maximum occupancy of a dwelling unit shall be either:
A. One family; or
B. One more person than the number of bedrooms.
(7) C1 Neighborhood Shopping District, C2 Community Business District, and C3 Central Business District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the above mentioned zoning districts (C1, C2, and C3) the maximum occupancy for each dwelling unit will be determined by the type of structure as defined by Section 1260.011
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(Ord. 5139. Passed 11-27-13.)