(a) Every new tenancy or occupancy entered into after the effective date of this section shall comply with the following occupancy standards:
(1) Section 1334.02(d) of these Codified Ordinances. and any amendment thereto, shall be complied with.
(2) No more than one person shall occupy an efficiency unit.
(3) No more than two persons shall occupy the same bedroom.
(4) No room within a dwelling unit, other than a bedroom, as defined herein, shall be occupied for sleeping purposes.
(b) “Bedroom,” as used in this section, shall mean any room within a dwelling unit, if such room has been specifically designed, constructed and intended primarily for sleeping purposes and is in fact used for said purposes.
(c) “Efficiency unit,” as used in this section, shall mean any dwelling unit which consists of an area which is commonly used as both a living room and a bedroom, has no distinct and separate bedroom and consists of no more than 600 square feet of total floor space.
(d) This section shall not apply to any multiple dwelling building or complex occupied by a majority of individuals who are members of the same religious group and who are acting in concert. The Building Commissioner is hereby authorized, after application, to exempt any such buildings or complexes found to meet these conditions. The Building Commissioner is further authorized to promulgate any rules and regulations necessary to effectuate this provision.
(e) A variance from the strict application of the provisions of this section, with respect to the occupancy limits of particular dwelling units, may be granted upon application, if and only if the Board of Zoning Appeals finds that due to unexpected circumstances arising after tenancy or occupancy is established, the strict application of this section would impose an undue hardship. An application for a variance shall be submitted to the Board for review, and may be granted only if the variance will not create a safety hazard, damage neighborhood property values or be contrary to the purposes of this chapter. If granted, such variance shall subsist for a period determined by the Commission, not to exceed one year.
(Ord. 2002-24. Passed 5-21-02; Ord. 2002-39. Passed 7-2-02.)