§ 8. Minimum space, use and location requirements.  


Latest version.
  • No person shall occupy, or let to be occupied, any dwelling unit, for the purpose of living therein, which does not comply with the requirements of this section.
    8.01. 
    Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof, and at least one hundred thirty (130) square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room space.
    8.02. 
    In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor space for the first occupant, and at least fifty (50) square feet of floor space for each additional occupant thereof.
    8.03. 
    No dwelling or dwelling unit, containing two (2) or more sleeping rooms, shall have such room arrangement that access to a bathroom or water closet compartment, intended for use by occupants of more than one sleeping room, can be had only by going through another sleeping room or a bathroom or water closet compartment. Nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any hall, basement or cellar or to the exterior of a dwelling unit.
    8.04. 
    At least seventy-five (75) per cent of the floor area of every habitable room shall have a ceiling height of no less than six (6) feet six (6) inches in basement, seven (7) feet four (4) inches in the first story, and seven (7) feet four (4) inches in upper stories. The floor area of that part of any room where the ceiling height is less than five (5) feet, shall not be considered as part of the floor area of the room for the purpose of determining the maximum permissible occupance thereof. At least thirty (30) per cent of the floor area in the attic rooms shall have a ceiling height of seven (7) feet four (4) inches.
    8.05. 
    No space, located totally or partially below grade, shall be used as a habitable room or dwelling unit unless:
    8.05..01. 
    The floor, and those portions of the walls below grade, are of damp-proof construction.
    8.05..02. 
    The minimum window area, required in subsection 5.01, is located entirely above grade of the ground adjoining such window area or, if windows are located wholly or partly below grade, it shall be required that there be constructed a properly drained window well whose ground area shall be equal to, or greater than, the area of the window opening; the bottom of the window well shall be below the top of the impervious masonry construction under this window; the minimum horizontal projections of the bottom of the window well shall be equal to, or greater than, the vertical dimension (depth) of this window opening, as measured from the bottom of the masonry opening, and no part of the window well, opposite this window, shall protrude above a line projected at a forty-five (45) degree angle from the bottom of the window opening at right angles to the outer well;
    8.05..03. 
    The total openable window area in each room is equal to at least the minimum, as required under subsection 5.02 of this ordinance [code], except where there is supplied some other device affording adequate ventilation and approved by the appropriate authority.
    8.05..04. 
    There are no pipes, or other obstructions, less than six (6) feet eight (8) inches above the floor level which interfere with the normal use of the room or area.
    8.06. 
    Every dwelling unit shall have closet or storage space of at least four (4) square feet floor to ceiling height, for the personal effects of each of the permitted number of occupants of that dwelling unit. If such required closet or storage space is lacking, an amount of space, equal in square footage to the deficiency, shall be subtracted from the area of habitable room space to be used in determining the number of occupants to be permitted in the dwelling unit.
    8.07. 
    A dwelling unit shall not be occupied by more than one family plus two (2) occupants unrelated to the family, other than guests or domestic employees. A dwelling unit shall not be occupied by more than one household of unrelated occupants unless a permit for a rooming house has been granted by the appropriate authority.
    8.08. 
    Limitation of dwelling unit access to commercial uses. No habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or any similar room used for public purposes.