[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 7-14-2020 by Ord. No. 2020-11. Amendments noted
where applicable.]
A.
Except as provided in §§ 328-11 and 328-12 of this chapter, at no time shall any dwelling unit within the Borough be occupied overnight by more occupants than permitted by the minimum area requirements of Schedule A: Minimum Area Requirements, as follows:
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Schedule A - Minimum Area Requirements
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|---|---|---|---|
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Minimum Area in Square Feet
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Type of Space
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1-2 Occupants
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3-5 Occupants
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6 or More Occupants
|
|
Living Room
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120
|
120
|
150
|
|
Dining Room
|
No requirement
|
80
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100
|
|
Bedrooms
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70 for single occupant
50 per occupant for multiple occupants
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70 for single occupant
50 per occupant for multiple occupants
|
70 for single occupant
50 per occupant for multiple occupants
|
B.
The following factors may be considered by the enforcing officer
as rebuttable presumptions of overcrowding and shall support the issuance
of a summons and/or complaint by the enforcing officer:
(1)
The occupying of areas of dwellings not classified as habitable rooms under § 210-7 of this Code.
(2)
The location of mattresses or bedding materials in areas of the dwellings not classified as bedrooms under § 450-4 of this Code.
(3)
The existence and proximity of appliances and/or refrigeration units
in various areas of a dwelling unit in addition to those located in
the kitchen.
Bedrooms shall not be used as the only means of access to other
bedrooms or habitable spaces within any dwelling unit, except for
dwelling units that contain fewer than two bedrooms.
The conversion of space not otherwise classified as habitable under § 210-7 of this Code for the purposes of increasing square footage to comply with this chapter is prohibited.
Combined living room and dining room spaces shall comply with
the requirements of Schedule A hereinabove if the total area is equal
to that required for separate rooms and if the space is located so
as to function as a combination living room/dining room.
Kitchens and nonhabitable spaces shall not be used for sleeping
purposes.
Dwelling units, hotel units, housekeeping units, rooming units
and dormitory units shall be arranged to provide privacy and be separate
from other adjoining spaces.
Habitable spaces, hallways, corridors, laundry areas, bathrooms,
toilet rooms and habitable basement areas shall have a clear ceiling
height of not less than seven feet, except that:
A.
In one- and two-family dwellings, beams or girders spaced not less
than four feet on center and projecting not more than six inches below
the required ceiling height.
B.
Rooms used exclusively for sleeping, study, or similar uses and having
a sloped ceiling over all or part of the room, with a clear ceiling
height of at least seven feet over not less than 1/3 of the required
minimum floor area. In calculating the floor area of such rooms, only
those portions of the floor areas with a clear ceiling height of five
feet or more shall be included.
C.
Basement rooms in one- and two-family dwellings used exclusively
for laundry, study, or recreation purposes having a ceiling height
of not less than six feet eight inches with not less than six feet
four inches of clear height under beams, girders, ducts, and similar
obstructions.
A habitable room, other than a kitchen, shall not be less than
seven feet in any plan dimension. Kitchens shall have a clear passageway
of not less than three feet between counter fronts and appliances
or counter fronts and walls.
All spaces to be used for food preparation shall contain suitable
space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary
storage.
Nothing in this chapter shall prohibit an efficiency unit from
meeting the following requirements:
B.
The unit shall be provided with a kitchen sink, cooking appliance
and refrigerator facilities, each having clear working space of not
less than 30 inches in front; light and ventilation conforming.
C.
The unit shall be provided with a separate bathroom containing a
water closet, lavatory, and bathtub or shower.
D.
The maximum number of occupants shall be three.
A.
The owner of a dwelling unit or person whose name appears on a lease
agreement for a dwelling unit covered by the provisions of this chapter
may request, in writing, to the Code Enforcement Officer a waiver
of the occupancy limitations specified in this chapter, which shall
be determined on a case-by-case basis in the discretion of the Code
Enforcement Officer. Any requests from a tenant shall be accompanied
by the written permission of the landlord.
B.
Any person denied a waiver by the Code Enforcement Officer under
§ 328-12A may appeal such decision to a court of competent
jurisdiction as permitted by law.
This chapter may be enforced by the Code Enforcement Officer
or the Police Department, as the case may be. Any person violating
this chapter, upon conviction before the Municipal Court, shall be
fined such sum not exceeding $2,000 as the Municipal Judge may impose
in his or her discretion. Each day that such violation exists shall
constitute a separate and distinct offense.
