§ 153.21  SPACE, USE AND LOCATION STANDARDS.
   (A)   Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the North Carolina State  Building Code. (Floor area shall be calculated on the basis of habitable room area.  However, closet area and wall area within the dwelling may count for not more than ten percent of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half feet shall not be considered as a part of the floor area in computing the total area of the room to determine maximum permissible occupancy.)
   (B)   At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet.
   (C)   At least one (1) room in the dwelling shall contain not less than one hundred and twenty (120) square feet.
   (D)   A kitchen shall be not less than fifty (50) square feet.
   (E)   A first bedroom, if any, shall be not less than seventy (70) square feet.
   (F)   A second bedroom, if any, shall be not less than one hundred (100) square feet.
   (G)   There shall be at least seventy-five (75) square feet in each habitable room.
   (H)   There shall be at least two hundred (200) square feet of floor space in habitable rooms for the first occupant in each dwelling unit and at least one hundred and fifty (150) square feet for each additional occupant.
   (I)   Those habitable rooms which must be included to meet the foregoing minimum space requirements shall be at least seven (7) feet wide in any part with at least one-half (1/2) of the floor area having a ceiling height of at least seven (7) feet six (6) inches. That portion of any room where the ceiling height is less than five (5) feet shall not be considered as part of the required floor area.
   (J)   No cellar shall be used for living purposes unless:
      (1)   The floor and walls are substantially watertight;
      (2)   The total window area, total operable window area and ceiling height are equal to those required for a habitable room;
      (3)   The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the windows face a stairwell, window well or access way.
   (K)   [Reserved].
   (L)   Water closet and bathing facilities shall be enclosed with an operable door and lock for privacy.
   (M)   There shall be no holes or excessive cracks in walls, ceilings, outside doors or outside windows.
   (N)   Access shall be provided to all rooms within a dwelling unit without passing through a public space.
   (O)   Doors shall be provided at all doorways leading to bedrooms, water closet rooms, and bathrooms and all rooms adjoining a public space.
   (P)   All doors providing access to any living unit shall have operable locks, and the owner shall provide a change of locks or keys for new tenants.
   (Q)   All doors opening to the outside shall be reasonably weather tight.
   (R)   A minimum of one approved and listed smoke detector shall be installed adjacent to each sleeping area and on each habitable floor level and basement.  Smoke detectors shall be installed in accordance with the manufacturer's recommendation and listing and maintained in proper working order. See G.S. § 42-42.
(Ord. passed 2-18-92; Am. Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2001-25, passed 6-19-01; Am. Ord. O-2009-23, passed 7-21-09)  Penalty, see § 10.99