§ 20.04.060. Minimum space, use, etc., requirements  


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  • No owner or operator shall occupy or permit another to occupy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

    (1) Except as set forth below, every dwelling or dwelling unit shall contain at least one hundred fifty square feet of floor space for the first occupant thereof and at least one hundred additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area;

    (a) Nothing in this section shall prohibit the use of an efficiency living unit within an apartment building meeting the following requirements:

    1. The unit shall have a living room of not less than two hundred twenty square feet of superficial floor area. An additional one hundred square feet of superficial floor area shall be provided for each occupant of such unit in excess of two;

    2. The unit shall be provided with a separate closet;

    3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front. Light and ventilation conforming to this code shall be provided;

    4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

    (2) Every room occupied for sleeping purposes shall contain at least seventy square feet of floor space for the first occupant, one hundred square feet for two occupants, and at least fifty square feet of floor space for each additional occupant thereof. Every egress or rescue window from a sleeping room must have a minimum net clear opening of 3.3 square feet with minimum net clear opening dimensions of seventeen inches by twenty-four inches, and a minimum overall breakout area (including frame) of five square feet.

    (3) No basement space shall be used as a habitable room or dwelling unit unless it complies with the following requirements:

    (a) The floor and walls are impervious to leakage of underground and runoff water and are free from dampness;

    (b) The window area in each room is equal to the minimum window area required in Section 20.04.040(1) of this chapter and such required window area is located entirely above the grade of the ground adjoining such window area; provided, that window area below grade may be acceptable when the window well is so designed that a plane of forty-five degrees with the horizontal will not obstruct the window area; provided further that every basement room used for continual sleeping purposes which was constructed and designed for such continual sleeping purposes must have at least one window or door which can be used for egress or rescue. Every egress or rescue window from a sleeping room must have a minimum net clear opening of 3.3 square feet with minimum net clear opening dimensions of seventeen inches by twenty-four inches, and a minimum overall breakout area (including frame) of five (5) square feet. Where windows are provided as a means of egress or rescue, they shall have a sill height of not more than forty-four inches above either the floor or the highest tread of no more than two (2) permanently installed steps or a step and platform where the rise of each step does not exceed eight (8) inches, with each step or platform having a minimum depth of nine (9) inches from the interior edge of the step or platform to the wall surface under the egress or rescue window, and a minimum width of twenty-four inches. The above requirements must be determined to be readily achievable by the superintendent of central inspection or his/her designee. Alternative egress window installations with respect to the minimum sill height requirement may also be requested in writing and approved in writing by the superintendent of central inspection or his/her designee. Existing window wells which are not designed with horizontal dimensions which allow the window to be fully opened, will have to be reconstructed to comply with requirements of the building code.

    (c) The facilities for ventilation in each room are equal to at least the minimum as required under Section 20.04.040(2) of this chapter;

    (4) Every dwelling unit shall have at least four square feet of floor-to-ceiling height closet space for the personal effects of each permissible occupant.

    (5) All existing installations and/or repairs made to conform to this and all other applicable city codes, must be installed in a workmanlike manner.

(Ord. No. 44-967 § 6; Ord. No. 47-302, § 6, 11-21-06)