The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application for a specific proposal in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple residence occupancy are found. In reaching its decision on whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose.
Only the following buildings or uses are permitted of right in a Multiple Residence Zone:
A. 
One-family dwellings, two-family dwellings and multiple-family dwellings. Each dwelling unit in a Multiple Residence Zone shall be occupied by no more than:
(1) 
One family, or
(2) 
One family plus no more than two boarders, roomers, lodgers or other occupants.
B. 
Day-care homes, family day-care homes and group family day-care homes.
C. 
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
Only the following accessory buildings or uses are permitted of right in a Multiple Residence Zone:
A. 
Automobile parking and garages, subject to the further requirements of this article.
B. 
Structures or use of open land for recreation, intended for residents of the Multiple Residence Zone, including swimming pools, tennis courts, and other similar recreational facilities.
C. 
Such uses as may be necessary for housekeeping activities, such as drying yards or structures in which laundry facilities are maintained but any such use must be limited to residents of multiple dwellings.
D. 
Storage buildings for storage of belongings of the residents of the Multiple Residence Zone.
E. 
Maintenance buildings and one central office building, all of which must be utilized solely in connection with the operation of multiple-family dwellings in the Multiple Residence Zone.
F. 
Community building for use by the residents of multiple-family dwellings in the Multiple Residence Zone and their guests.
G. 
The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals.
H. 
Home occupations, subject to the limitations on home occupations set forth in § 270-219.2.
[Added 2-12-2007 by L.L. No. 1-2007]
I. 
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
J. 
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
The following uses are permitted in a Multiple Residence Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter:
A. 
Bed-and-breakfast.
B. 
Adult care facility.
C. 
Child day-care center.
[1]
Editor's Note: Former § 270-103, Accessory buildings and uses authorized by special approval only, was repealed 2-12-2007 by L.L. No. 1-2007.
A minimum tract of two acres is required for the development of a Multiple Residence Zone. Such tract shall contain a minimum of 3,500 square feet of gross lot area for each dwelling unit to be constructed.
In Multiple Residence Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower.
A. 
Except as may be specifically otherwise authorized in this chapter, in Multiple Residence Zones yards of at least the following dimensions are required:
(1) 
Front yard: Not less than 50 feet in depth.
(2) 
Rear yard: Not less than 50 feet in depth.
(3) 
Side yards: None required with respect to buildings all on the same lot, but not less than 50 feet from any structure to a side property line.
(4) 
Courts shall be completely open on one side, with a width not less than the height of the tallest opposite structure and a depth not more than one and one-half the width.
(5) 
Spaces between buildings: the distance between any two structures shall be no less than 20 feet.
B. 
The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas.
The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping.
Lots in Multiple Residence Zones shall meet the following minimum requirements:
A. 
Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and
B. 
Minimum width at the street line shall be 100 feet; and
C. 
Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and
D. 
Minimum depth from the street line shall be 200 feet.
Parking requirements shall be as set forth in Article XXVII.
Additional special requirements include the following:
A. 
Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population, traffic, bus routes, or other safety issues make it desirable, the developer or applicant for rezoning shall install sidewalks with the approval of the appropriate highway authority.
B. 
Recreation. The developer or applicant shall provide recreation areas for children on the premises, such as playgrounds, parks, or other recreational facilities, in such amount as may be necessary to protect the health, safety and general welfare of the children and residents in the district.
C. 
Screening of waste and refuse. No waste or refuse shall be placed outside any building in a Multiple Residence Zone except that an area common to all buildings, or a separate area for each building shall be reserved at the rear of the structure or structures. This area shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises.
D. 
Buffer areas. No structure shall be placed nearer to any other Residence Zone, Agricultural Zone, Commercial Zone or Industrial Zone than double the maximum distance of the side yard requirement of the adjoining zone (e.g., if the Multiple Residence Zone adjoins a Low Density Residence Zone, and if the maximum side yard requirement in such Low Density Zone is 40 feet (excluding the fifteen-foot side yard applicable to garages, as such fifteen-foot distance is not the maximum side yard requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet to such Low Density Zone). A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Multiple Residence Zone from other present or future residences outside the zone, or a suitable screening fence shall be erected. The Planning Board, in reviewing the site plan, may alter or waive the vegetative requirement along the public street side.
E. 
Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, the Planning Board in the site plan review process may require additional landscaping, fencing, screening, or earth berm to be provided in any area where the proposed structure or use would, in the opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such additional landscaping, fencing, screening, or berm were not provided.
No building permit shall be issued for a building or structure within a Multiple Residence Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII. In addition to the site plan requirements set forth such provisions, the site plan shall be subject to the following additional requirements as authorized by Town Law § 274-a:
A. 
Such site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes.
B. 
Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town.
C. 
In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
D. 
Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law or pursuant to Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (as either may be amended from time to time), the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the requiring the reservation of additional parkland or additional money to be donated in lieu thereof.
E. 
If the Town Board, by resolution or local law, has established the amounts, or a formula by which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law.