1381.04 DEFINITIONS.
   As used in this chapter:
   (a)   "Approved" means approved by the Director of Buildings pursuant to this Housing Code, or approved by any other authority designated by the ordinances of the City to give approval to the matter in question.
   (b)   "Communal kitchen" means a kitchen within a dwelling building used by the occupants of more than one dwelling unit or shared or used by persons other than the members of one family.
   (c)   "Director of Buildings" means the Director of Buildings of the City or his or her authorized agent or representative.
   (d)   "Double house" means a detached dwelling which is arranged, intended or designed to be occupied by two families living side by side with a party wall between.
   (e)   "Dwelling" means a building intended or designed to be occupied by not more than two families living separately and independently of each other.
   (f)   "Dwelling structure" means a building or other structure used, designed or intended to be used, all or in part, for residential purposes.
   (g)   "Dwelling unit" means a group of rooms arranged, maintained or designed to be occupied by a single family, and shall consist of a complete bathroom with a toilet, lavatory and tub or shower facilities, at least one complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities, and approved living and sleeping facilities, all of which are in contiguous rooms and are used exclusively by such family and further limits the occupancy of the dwelling to a single family (as "family" is defined in division (h) of this section) unit. A second kitchen or kitchenette shall be permitted, provided that the owner of the dwelling unit properly applies to the City and obtains all necessary permits and complies with any and all applicable health and safety codes and regulations. The allowance of a second kitchen/kitchenette by the City shall not be interpreted as allowing, acquiescing or authorizing more than a single family unit residing in a single-family dwelling or the conversion of a single-family dwelling to a two-family dwelling or a duplex (as "family" is defined in division (h) of this section) and by any authorized persons occupying such dwelling unit with the family. The words "dwelling unit," "apartment" and "suites" shall be considered synonymous.
   (h)   "Family" means an individual or two or more persons living together as a single housekeeping group in a dwelling unit. A single housekeeping group exists where the group of individuals share expenses and labor related to the maintenance of the dwelling unit and are living and eating together as a household. "Family" shall not include an individual occupying a rooming unit nor a group of unrelated individuals occupying a rooming house.
   (i)   "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping or eating purposes, excluding bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, basement recreation rooms and areas used for kitchen purposes. Wherever living, sleeping or eating space is included in a room or area also used for kitchen purposes, the Director of Buildings shall determine the portion of the floor area used for kitchen purposes and such portion so determined shall not constitute habitable floor area in determining the habitable floor area of a dwelling unit.
   (j)   "Hotel" means a building originally designed for hotel purposes and meeting all requirements of State and City laws, rules and regulations in which all or a part thereof is occupied, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests and in which five or more rooms are used for the accommodation of such guests. For purposes of this Housing Code, "hotel" includes motels and motor courts meeting these requirements.
   (k)   "Multiple dwelling" means a building containing three or more dwelling units, or two or more dwelling units above the first or ground floor, or one or more dwelling units if the building contains a use other than a dwelling use. For the purpose of applying this definition, any building which is being operated as a rooming house pursuant to a valid City license shall not be classed as a multiple dwelling. The words "multiple dwelling," "tenement house" and "apartment house" are synonymous.
   (l)   "Occupant" means a person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or a room.
   (m)   "Operator" means a person who has charge, care or control of a dwelling structure.
   (n)   "Owner" means the owner of the premises, including the holder of title thereto subject to contract of purchase, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof or an agent or other person directly in control of the premises. The person who signs the application for a certificate of occupancy for any premises shall be deemed prima-facie to be the owner of the premises.
   (o)   "Premises" means a lot, parcel or plot of land, including the buildings or other structures thereon.
   (p)   "Secondary or appurtenant structure" means a structure, the use of which is incidental or accessory to that of the main building, and which is attached thereto or is located on the same premises.
   (q)   "Supply" or "supplied" means paid for, furnished or provided by or under the control of the owner or operator.
   (r)   "Two-family dwelling" means a detached dwelling arranged, intended or designed to be occupied by two families, one of which has its principal living rooms on the first floor, and the other of which has its principal living rooms on the second floor.
(Ord. 1968-72. Passed 12-23-68; Ord. 1990-18. Passed 4-23-90; Ord. 2004-2. Passed 1-26-04.)