[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:
Schedule A - Minimum Area Requirements
Minimum Area in Square Feet
Type of Space
1-2 Occupants
3-5 Occupants
6 or More Occupants
Living Room
120
120
150
Dining Room
No requirement
80
100
Bedrooms
70 for single occupant
50 per occupant for multiple occupants
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.
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:
A. 
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. These required areas shall be exclusive of the areas required by § 328-10B and C hereof.
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.