(a) Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(b) Minimum room widths. A habitable room, other than a kitchen, shall be a minimum of seven feet (2,134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of three feet (914 mm) between counter fronts and appliances or counter fronts and walls. Kitchens require only three feet (914 mm) of clearance between countertops and appliances or countertops and walls. Kitchens are not expected to be occupied for long periods of time, nor is it expected that kitchens will be occupied by a large number of persons at any one time.
(c) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet (2,134 mm). Exceptions:
(1) In one- and two-family dwellings, beams or girders spaced a minimum of four feet (1,219 mm) on center and projecting a maximum of six inches (152 mm) below the required ceiling height;
(2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of six feet eight inches (2,033 mm) with a minimum clear height of six feet four inches (1,932 mm) under beams, girders, ducts and similar obstructions; and
(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of seven feet (2,134 mm) over a minimum of one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five feet (1,524 mm) shall be included.
(d) Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of subsections (d)(1) through (d)(5) below.
(1) Room area. Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain a minimum of 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof. The smallest bedroom allowed is 70 square feet (6.5 m2). This is barely enough space for a regular-sized bed and dresser. Inadequate sleeping space may increase the spread of communicable diseases, reduce privacy and provide insufficient space for clothes, furniture and other personal belongings.
(2) Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: units that contain fewer than two bedrooms.
(3) Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
(4) Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
(5) Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to: the light, ventilation, room area, ceiling height and room width requirements of this article; the plumbing facilities and water-heating facilities requirements of Art. 1721 of this chapter; the heating facilities and electrical receptacle requirements of Art. 1725 of this chapter; and the smoke detector and emergency escape requirements of Art. 1729 of this chapter.
(e) Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the table below or as designated in the codified ordinances of the Town of Nutter Fort.
** Section 1705.09(d) of the Codified Ordinances of the town require application and inspection for a certificate of use and occupancy prior to renting, leasing or letting any vacant structure or vacant unit in a structure, commercial or residential.
** Part Thirteen, Planning and Zoning Code, § 1305.01, Words and Terms
(17) CERTIFICATE OF OCCUPANCY means a certificate signed by the Planning Director or Building Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Zoning Ordinance.
(24) DWELLING UNIT means a dwelling or a portion of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping purposes.
(25) FAMILY means one or more individuals related by blood or marriage, or three or fewer unrelated individuals sharing one housekeeping unit.
(34.3) LIVING SPACE AND REQUIRED SPACE shall be defined as contained in the applicable codes as adopted by the Nutter Fort Town Council. Notwithstanding anything to the contrary, living space shall include, however, bathrooms and closets. All hallways shall be excluded in ascertaining living space.
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
MAXIMUM OCCUPANCY LOAD IN DWELLINGS
Minimum Area Requirements (Space Minimum Area in Square Feet) | |||
1 - 2 occupants | 3 - 5 occupants | 6 or more occupants | |
Bedrooms | Shall comply with Section 4-4.4.1 | ||
Dining room a, b | No requirement | 80 | 100 |
Living room a, b | 120 | 120 | 150 |
NOTES TO TABLE: For SI: 1 square foot = 0.093 m2. a. See § 1717.07(e)(2) of this article for combined living room/dining room spaces. b. See § 1717.07(e)(1) of this article for limitations on determining the minimum occupancy area for sleeping purposes. | |||
(1) Sleeping area. The minimum occupancy area required by the table above shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with subsection (d)(4) above.
(2) Combined spaces. Combined living room and dining room spaces shall comply with the requirements of the table above if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(f) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements.
(1) A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required hereby.
(2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
(3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
(4) The maximum number of occupants shall be three.
(g) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
(Ord. passed 3-13-2018)