Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-7

For the purpose of this chapter, the terms used herein are defined as follows: ACCESSORY STRUCTURE A structure the use of which is incidental to that of the residential building and which is located on the same premises. ACCESSORY USE A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a residential building. Such accessory uses may include, among others, the following: offices for the building management; dining rooms, banquet rooms, public kitchens and ballrooms; recreation and play rooms; laundries for the use of tenants and occupants and in connection with the management and operation of a residential building; maintenance and work shops; storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects; rooms or space for the incidental sale or display of merchandise to occupants and tenants, such as newspaper, candy and cigar stands; garages within a residential building or on the premises thereof, used primarily for the storage of passenger-type motor vehicles. APPROVED Approved by the administrative officer under the regulations of this chapter, or approved by an authority designated by law or this chapter. BASEMENT That portion of a building which is partly or completely below grade. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. See definition of "toilet room." BUILDING Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels. DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. EXIT A way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape. FAMILY A. One of the following: (1) One, two or three persons occupying a dwelling unit; or (2) Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family. B. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. C. In determining whether individuals are living together as a functional equivalent of a traditional family, the following criteria must be present: (1) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit; (2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; (3) The group shares expenses for food, rent or ownership costs, utilities and other household expenses; (4) The group is permanent and stable. Evidence of such permanency and stability may include: (a) The presence of minor dependent children regularly residing in the household who are enrolled in local schools; (b) Members of the household have the same address for purpose of voter's registration, driver's license, motor vehicle registration and filing of taxes; (c) Members of the household are employed in the area; (d) The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; (e) There is a common ownership of furniture and appliances among the members of the household; and (f) The group is not transient or temporary in nature. (5) Any other factor reasonably related to whether or not the group is the functional equivalent of a family. (6) Substantiation of family status by affidavit or by other legal proof or documents may be required. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. GRADE, FINISHED The natural surface of the ground or the surface of ground after completion of any change in contour, abutting building or premises. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes shall not be deemed to be "habitable space." See definitions of "nonhabitable space," "public space" and "exit." INFESTATION The presence, within or contiguous to a dwelling, dwelling unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food. LODGING HOUSE A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for compensation. LODGING UNIT A room or group of rooms forming a single habitable unit, used or intended to be used for lodging. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE DWELLING A building containing three or more dwelling units; or a building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; or a building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants; or a building with sleeping accommodations for more than five persons, used or occupied as a club, dormitory, fraternity or sorority house or for similar uses; or a building used or occupied as a convalescent, old-age or nursing home but not including private or public hospitals or public institutions. (See § 157-4 for certain multiple dwellings not within the scope of this chapter.) MULTIPLE RESIDENCE See definition of "multiple dwelling." MUNICIPALITY A city, town or village. NONHABITABLE SPACE Space, used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. See definitions of "habitable space," "public space" and "exit." PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property lines of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PUBLIC SPACE Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchens, and swimming pools. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. STRUCTURE An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings. TOILET ROOM Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See definition of "bathroom." VENTILATION Supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.