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:
(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]
K. Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
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 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.
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.