City of Ithaca, NY Space Requirements

The following types of buildings are multiple dwellings where the occupants are primarily permanent in nature and are classified as Group R-2 under the New York State Uniform Fire Prevention and Building Code:

Buildings containing one dwelling unit or two dwelling units with more than four lodgers, residing with a family in either one of such dwelling units.

Buildings containing three or more dwelling units.

Apartment houses.

(d)

Garden apartments.

(e)

Community residences.

(f)

Boardinghouses (nontransient).

(g)

Convents.

(h)

Dormitories.

(i)

Fraternities and sororities.

(j)

Monasteries.

(k)

Vacation timeshare properties.

(l)

Hotels (nontransient).

(m)

Motels (nontransient).

(n)

Lodging houses and lodging units.

(o)

Buildings with three or more single rooms to let or combination of three or more dwelling units and single rooms to let.

The following types of buildings are multiple dwellings where the occupants are primarily transient in nature and are classified as Group R-1 under the New York State Uniform Fire Prevention and Building Code:

Hotels (transient).

Motels (transient).

Boardinghouses (transient).

§ 210-8 Maximum number of occupants in dwelling units.

[Amended 8-1-1990 by Ord. No. 90-8; 9-1-1999 by Ord. No. 99-9]

Dwelling units with separate sleeping rooms. In dwelling units that consist of a sleeping room or sleeping rooms separate from a common area(s), the maximum number of occupants permitted to occupy the dwelling unit shall be limited based on the square footage of the floor area of both the sleeping room(s) and the overall habitable space in the dwelling unit, other than kitchens, bathrooms, toilet rooms, hallways and nonhabitable spaces, as established by the following table:

Maximum Number of Occupants	Sleeping Room Size (square feet)	Overall Habitable Space¹ (square feet)
1	80-119	150-249
2	120-179	250-349
3	180-239	350-449
4 or more	240, plus 60 square feet for each additional person	450, plus 100 for each additional person

¹Note: Other than kitchens, bathrooms, toilet rooms, hallways and nonhabitable spaces, e.g. closets.

Dwelling units with no separate sleeping rooms (i.e., studio apartments). In dwelling units with no separate sleeping rooms, such as studio apartments, the maximum number of occupants permitted to occupy the dwelling unit shall be limited based on the square footage of the floor area of the overall habitable space in the dwelling unit, other than kitchens, bathrooms, toilet rooms, hallways and nonhabitable spaces, as established by the following table:

	Maximum Number of Occupants	Overall Habitable Space¹ (square feet)
	1	150-249
	2	250-349
	3	350-449
	4 or more	450, plus 100 square feet for each additional person

¹Note: Other than kitchens, bathrooms, toilet rooms, hallways and no-habitable spaces, e.g. closets.

Lodging units including but not limited to rooms for rent. In lodging units, the maximum number of occupants permitted to occupy each unit shall be limited based on the square footage of the floor area of the unit, other than kitchens, bathrooms, toilet rooms and nonhabitable spaces, as established by the following table:

	Maximum Number of Occupants	Lodging Unit¹ (square feet)
	1	150-249
	2	250-349
	3	350-449
	4	450, plus 100 square feet for each additional person
	¹Note: Other than kitchens, bathrooms, toilet rooms, hallways and nonhabitable spaces, e.g. closets.

Clubs, dormitories, sorority or fraternity houses or cooperative houses. In buildings occupied as clubs, dormitories, sorority or fraternity houses or cooperative houses and providing sleeping accommodations for more than five persons, the maximum number of occupants permitted to occupy the building as a whole shall be limited to the maximum number of occupants that are permitted to occupy the sleeping rooms in the building. In any sleeping room the maximum number of occupants permitted to occupy the sleeping room shall be limited to one person per 60 square feet of sleeping room floor area. Any fraction of a square foot must be rounded down to the nearest whole number.

The Director of Planning and Development or his/her designee shall, after consultation with the appropriate representatives of the Ithaca Fire Department, have the authority to grant a temporary variance from the requirements of this section.

[Amended 6-5-2013 by Ord. No. 2013-15[1]]

In considering whether to grant such variance, the Director of Planning and Development or designee shall consider the following factors:

Whether the granting of such variance would adversely affect the health or safety of the occupants of the premises or the occupants of adjacent premises.

Whether the premises complies with any other recognized occupancy standards.

The hardship which would be imposed on the owner of the premises and/or the prospective occupants of the premises if the variance was not granted.

(d)

The inability of the owner of the premises to have the decision as to whether a variance should be granted decided in a timely manner by the Housing Board of Review.

Any variance granted under this section shall be valid only for a period of two months after this grant.

[1]

Editor's Note: This ordinance provided for an effective date of 1-1-2014.

The provisions set forth in this section shall apply in addition to any other provisions of the Municipal Code applicable to each zoning district.§ 210-9. Prohibited uses.

§ 210-9 Prohibited uses.

It shall be prohibited:

To use for sleeping purposes any kitchen, nonhabitable space or public space.

In lodging houses, to use for dining purposes any communal kitchen containing less than 100 square feet of floor area or any nonhabitable space or public space other than dining space.

To prepare or eat meals in lodging units.

To use any cellar space as habitable space.

§ 210-10 Habitable space.

Size.

In one- or two-family dwellings, habitable space shall have a minimum ceiling height as required by the Property Maintenance Code of New York State. In multiple dwellings, habitable space shall have a minimum ceiling height as required by the Property Maintenance Code of New York State. The floor area where the ceiling height is less than five feet shall not be considered in computing floor area.

Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more, but less than the required area of a habitable room, shall be separately lighted and ventilated as required for habitable space.

Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain not less than 80 feet of floor area and shall have a minimum horizontal dimension of seven feet. (See definition of "kitchen.")

Basements. A basement shall be deemed habitable space only if it complies with all of the following requirements:

Windows are provided on more than one wall.

The depth of the basement space measured from the wall having the major window area does not exceed four times the clear height of the basement. If this dimension is exceeded, that portion of the basement beyond the permissible limit shall not be used as habitable space.

Air for combustion of fuel-burning equipment shall not be taken directly from habitable space.

All fuel-burning equipment shall comply with the requirements of the Property Maintenance Code of New York State or other applicable codes.

(5)

Walls of the basement shall be constructed to prevent condensation from forming thereon under normal conditions.

Light and ventilation.

Habitable space shall be provided with windows as required by the Property Maintenance Code of New York State.

Habitable space shall be provided with artificial light.

Habitable space shall be provided with ventilation as required by the Property Maintenance Code of New York State.

Habitable space may also be provided with mechanical ventilation in addition to natural ventilation.

Miscellaneous requirements.

Dwelling units shall be separated from each other and from other spaces outside the dwelling unit.

Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to assure a safe means of egress. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. (See definition of "sleeping room.")

Lodging units shall be separated from each other and from other spaces outside the lodging units.

A communal kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwelling unit or lodging unit of another occupant.

§ 210-11 Public space.

Height. Public space shall have a minimum height of seven feet six inches measured from finished floor to finished ceiling.

Light and ventilation.

Public spaces shall be provided with artificial light.

In public stairs, stairways and passageways, artificial light shall be electric lighting available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following:

A sufficient number of fixtures shall be provided so that the distance between fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture.

Incandescent lighting shall be based on not less than 1/4 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 25 watts.

Fluorescent lighting shall be based on not less than 1/10 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 15 watts.

(d)

Where, under these formulas, the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used.

Public spaces shall be provided with either natural ventilation conforming to the requirements for habitable space or with mechanical ventilation.

§ 210-12 Nonhabitable space.

Height. Nonhabitable space shall have a minimum height, measured from floor to ceiling, as required by the Property Maintenance Code of New York State.

Toilet rooms and bathrooms.

Toilet rooms and bathrooms in one- and two-family dwellings shall have provisions for privacy.

Toilet rooms and bathrooms for dwelling units in multiple dwellings shall be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room.

Unless located within dwelling units or directly connected with sleeping rooms, toilet rooms and bathrooms in multiple dwellings shall be provided in each story containing habitable space and shall be accessible thereto.

Toilet rooms for employees in multiple dwellings shall be in separate rooms for each sex where there are five or more employees, shall be readily accessible to such employees and shall not open directly into any public kitchen or other public space used for the cooking or preparation of food.

(5)

In one- and two-family dwellings, bathrooms and toilet rooms shall be provided with floors of moisture-resistant material.

(6)

In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof. Such waterproofing shall extend four inches or more above floors, except at doors, so that floors can be flushed or washed without leaking.

Light and ventilation.

Kitchenettes, bathrooms and toilet rooms shall be provided with artificial light appropriate for the use of such rooms.

Laundry rooms, furnace rooms and similar nonhabitable space shall be provided with artificial light appropriate for the intended use of such rooms.

Stairs shall be provided with artificial light to allow safe ascent or descent.

Kitchenettes, bathrooms and toilet rooms shall be provided with ventilation in accordance with either of the following:

Natural ventilation as required for habitable space, except that such openable areas shall be not less than 1 1/2 square feet for bathrooms or toilet rooms and not less than three square feet for kitchenettes.