A.
Buildings occupied in whole or in part, as defined in this Part 1, shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide a safe and healthful environment.
B.
The term "accessory use" shall have a uniform meaning
and shall apply in the same manner and under the same conditions or
restrictions to all residential buildings.
Buildings, for the purpose of this Part 1, shall be classified in respect to their occupancies as follows:
A.
One- and two-family dwellings: buildings containing
one dwelling unit or two dwelling units with fewer than four lodgers
residing with a family in either one of such dwelling units.
B.
Multiple dwellings:
(1)
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:
(a)
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.
(b)
Buildings containing three or more dwelling
units.
(c)
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.
[Amended 8-1-1990 by Ord. No. 90-8; 9-1-1999 by Ord. No. 99-9]
A.
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.
| |||
B.
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.
| ||
C.
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.
| ||
D.
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.
E.
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]]
(1)
In considering whether to grant such variance, the
Director of Planning and Development or designee shall consider the
following factors:
(a)
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.
(b)
Whether the premises complies with any other
recognized occupancy standards.
(c)
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.
(2)
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.
It shall be prohibited:
A.
To use for sleeping purposes any kitchen, nonhabitable
space or public space.
B.
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.
C.
To prepare or eat meals in lodging units.
D.
To use any cellar space as habitable space.
A.
Size.
(1)
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.
(2)
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.
(3)
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.")
B.
Basements. A basement shall be deemed habitable space
only if it complies with all of the following requirements:
(1)
Windows are provided on more than one wall.
(2)
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.
(3)
Air for combustion of fuel-burning equipment shall
not be taken directly from habitable space.
(4)
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.
C.
Light and ventilation.
(1)
Habitable space shall be provided with windows as
required by the Property Maintenance Code of New York State.
(2)
Habitable space shall be provided with artificial
light.
(3)
Habitable space shall be provided with ventilation
as required by the Property Maintenance Code of New York State.
(4)
Habitable space may also be provided with mechanical
ventilation in addition to natural ventilation.
D.
Miscellaneous requirements.
(1)
Dwelling units shall be separated from each other
and from other spaces outside the dwelling unit.
(2)
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.")
(3)
Lodging units shall be separated from each other and
from other spaces outside the lodging units.
(4)
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.
A.
Height. Public space shall have a minimum height of
seven feet six inches measured from finished floor to finished ceiling.
B.
Light and ventilation.
(1)
Public spaces shall be provided with artificial light.
(2)
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)
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.
(b)
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.
(c)
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.
(3)
Public spaces shall be provided with either natural
ventilation conforming to the requirements for habitable space or
with mechanical ventilation.
A.
Height. Nonhabitable space shall have a minimum height,
measured from floor to ceiling, as required by the Property Maintenance
Code of New York State.
B.
Toilet rooms and bathrooms.
(1)
Toilet rooms and bathrooms in one- and two-family
dwellings shall have provisions for privacy.
(2)
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.
(3)
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.
(4)
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.
C.
Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be
provided with artificial light appropriate for the use of such rooms.
(2)
Laundry rooms, furnace rooms and similar nonhabitable
space shall be provided with artificial light appropriate for the
intended use of such rooms.
(3)
Stairs shall be provided with artificial light to
allow safe ascent or descent.
(4)
Kitchenettes, bathrooms and toilet rooms shall be
provided with ventilation in accordance with either of the following:
(a)
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.
(b)
Mechanical ventilation exhausting not less than
25 cubic feet per minute for bathrooms and toilet rooms and not less
than 100 cubic feet per minute for kitchenettes.
(5)
Spaces in multiple dwellings which contain central
heat-producing, air-conditioning and other equipment shall be ventilated
to the outer air, and air from these spaces shall not be recirculated
to other parts of the building.
(6)
Ventilation shall be provided in unheated attics,
spaces below flat roofs and crawl spaces. The location and net areas
of ventilation openings shall be such as to minimize deterioration
of structural members from condensation or other causes, in conformity
with generally accepted standards.
A.
Safe, continuous and unobstructed exit shall be provided
from the interior of the building to the exterior at street or grade
level.
B.
Exits shall be arranged, constructed and proportioned
so that occupants may escape safely from the building in case of emergency.
C.
In one- and two-family dwellings, in addition to a
primary exit from the building, there shall be provided a secondary
exit or, in lieu thereof, one or more exit openings for emergency
use.
D.
In multiple dwellings, approved exits shall be provided
as specified in this chapter and other codes applicable to multiple
dwellings.
