Ithaca, N.Y., Code of Ordinances ch. 210 § 210-8

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 Space 1 (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 1 Note: 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 Space 1 (square feet) 1 150-249 2 250-349 3 350-449 4 or more 450, plus 100 square feet for each additional person 1 Note: 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 Unit 1 (square feet) 1 150-249 2 250-349 3 350-449 4 450, plus 100 square feet for each additional person 1 Note: 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. (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. F. 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.