§ 15.10.130. Maximum density, minimum space, use and location requirements.

A.

No person shall occupy or let to be occupied any dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the requirements of this section.

1.

The maximum occupancy of any dwelling unit shall not exceed the lesser value of the following two requirements:

a.

For the first occupant there shall be at least 150 square feet of floorspace and there shall be at least 50 square feet of floorspace for every additional occupant thereof; the floorspace shall be calculated on the basis of total habitable room area in the dwelling unit. For purposes of this subsection, a child under the age of one year shall not be considered an additional occupant.

b.

The total number of persons shall be no more than two times the number of habitable rooms within the dwelling unit.

B.

In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floorspace for the first occupant, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floorspace for each occupant thereof, except that every room occupied for sleeping purposes by more than one occupant and containing a bunk bed shall contain at least 35 square feet of floorspace for each occupant using a bunk bed and 50 square feet of floorspace for each occupant not using a bunk bed.

1.

Notwithstanding the foregoing, an owner does not violate this provision if the number of persons permitted to occupy the dwelling does not exceed the maximum occupants permitted under part A. of this subsection.

C.

The ceiling height of any habitable room shall be at least seven feet; except that in any habitable room under a sloping ceiling at least one-half of the floor area shall have a ceiling height of at least seven feet, and the floor area of that part of such a room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy.

D.

No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements 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; 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 habitable room, hall, basement or cellar or to the exterior of the dwelling unit.

E.

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; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy.

( AO No. 2016-76(S), § 6, 7-12-16 )