1375.06 MINIMUM SPACE, USE AND LOCATION REQUIREMENTS.
   (a)   No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following minimum standards for space, location, and occupancy:
      (1)   Size of dwelling unit. Every dwelling unit shall contain at least 250 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor area for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
      (2)   Size of rooms. In every dwelling unit every room shall contain at least eighty square feet of floor area, except that kitchens, kitchenettes and dinettes may be sixty square feet of floor area, bathrooms thirty-five square feet in area, and water closet compartments twenty square feet in area. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least eighty square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square feet of floor space for each occupant thereof. Every room used as a living room shall have a minimum dimension of not less than ten feet. Every other habitable room, except a kitchen, shall have a minimum dimension of not less than eight feet.
      (3)   Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling height of at least eight feet. The floor area of the part of any room where the ceiling height is less than five feet or when the room width is less than eight feet shall not be considered in computing the useable floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
      (4)   Privacy. Access to all rooms of a dwelling unit shall be provided without passing through a public corridor or passageway. Access to every living room and to every bedroom shall be had without passing through a bedroom or through a room containing a water closet. In a one and two family dwelling, the provision of this section shall not apply to a sleeping porch, sun parlor, solarium or any other enclosed outside porch adjacent to and entered by way of a bedroom.
      (5)   Access to unit in multiple dwelling. Access to a dwelling unit in a multiple dwelling shall be had without passing through any part of another dwelling unit.
      (6)   Cellars.
      (7)   Basements.
      (8)   Kitchen, use of jointly by more than one family prohibited. No kitchen or cooking accommodations shall be permitted or maintained in any room or space of any building for the common or joint use of the individual occupants of a two-family or multiple family dwelling.
      (9)   Prohibited uses. No horse, cow, calf, swine, sheep, goat, chickens, geese, ducks, donkeys, rabbits, or pigeons shall be kept in any dwelling or part thereof. No dwelling, or the lot or premises thereof, shall be used for the storage or handling of rags or junk.
      (10)   Temporary or garage dwellings. It shall be unlawful to erect or occupy any structure which is intended to be occupied in whole or part as a temporary dwelling unless it complies with all provisions of this Code.
      (11)   Access to public street. Every dwelling shall have direct vehicular access to a public street or a recorded, permanent, unobstructed easement, other than an alley, not less than twenty feet in width which leads to a public street.
      (12)   Certificate of compliance. No building constructed as or altered into a dwelling shall be occupied in whole or in part for human habitation until the issuance of a certificate of the Authorized Inspector that said dwelling substantially conforms in all respects to the requirements of this Code. Such certificate shall be issued within fifteen days after written application thereof if said dwelling at the date of such application shall be entitled thereto.
      (13)   Unlawful occupation. If any building constructed as or altered into a dwelling is occupied in whole or in part for human habitation in violation of this Code or without obtaining a certificate of compliance (subsection (a)(12) hereof) during such unlawful occupation no rent shall be recoverable by the owner or leasor of such premises for said period, and no action or special proceedings shall be maintained therefor or payment of such for possession of said premises for non-rent, and said premises shall be deemed unfit for human habitation and the Authorized Inspector may cause them to be vacated accordingly.
         (Ord. 99-9773. Passed 3-12-99.)