Poquott, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-6

As used in this article, the following terms shall have the meanings indicated. Any definition of a stated term that exists in the New York State Uniform Building and Fire Prevention Code and the successor editions and amendments of that Code shall supersede the definition stated in this article: BOARDINGHOUSE OR ROOMING HOUSE A building that provides sleeping accommodations, with or without compensation, for 16 or fewer persons, on either a transient or permanent basis, with or without meals, but without permanent cooking facilities for individual occupants. Other indications of boardinghouses or rooming houses include but are not limited to bedroom doors into a common hallway or area with locks that lock from the outside. Boardinghouses and rooming houses are prohibited in the Village of Poquott. BUILDING INSPECTOR The Building Inspector or Deputy Building Inspector of the Village of Poquott. CODE ENFORCEMENT OFFICIAL Village Building Inspector, Deputy Building Inspector, Building Safety Inspector, Village Public Safety Officer, Code Enforcement Officer, or other person appointed by the Mayor and approved by the Board of Trustees to enforce the Poquott Village Code and other state and local codes and regulations. CONTROL, PERSON IN A person in control of a property or premises shall mean for this article a person who individually or jointly or by association with an entity, by agreement or relationship or otherwise, including the actions of the person in control, is the person who is responsible for, or who is actually acting as responsible for, making decisions as to the care, physical condition or state, or use, including renting or leasing of a property or premises or portion thereof. The term "person in control" for purposes of this article shall also include an entity, whether commercial or not, that is responsible for or who is actually acting as responsible for making decisions as to the care, physical condition or state, or use of a property or premises. CONVENTIONAL BEDROOM A room designed as a bedroom or, as in the case of a studio apartment, a common room, that is used for sleeping purposes. Rooms having other purposes, such as dens, living rooms or hallways, are not to be used for sleeping or living purposes. The designation of the use of a room on the certificate of occupancy or the plans that were submitted with the most recent building permit application and certificate shall be controlling as to the use of a room. The number of people sleeping in a room shall be limited based on the area of the room as designated in the New York State Uniform Building and Fire Prevention Code and the successor editions and amendments of that Uniform Code. DWELLING UNIT A unit within a building that is intended and designed to be used for living purposes with permanent provisions for living, sleeping, eating, cooking, and sanitation, excluding a boardinghouse or rooming house. FAMILY Two or more persons that are related by blood, adoption, civil union or marriage, or up to five persons that are not related by blood, adoption, civil union or marriage, that are occupying one dwelling unit and living together as a family or the functional equivalent of a family. There shall be a presumption that more than five persons that are not related by blood, adoption, civil union or marriage occupying one dwelling unit are not a family, which presumption may be rebutted by proof presented to the Code Enforcement Official of the Village of Poquott. IMMEDIATE FAMILY MEMBERS Spouse, partner, children, grandchildren, siblings, father and mother, guardian. KITCHEN Any assembly of a stove, cabinets, appliances, countertops or plumbing used in connection with the storage, preparation or cooking of food. MANAGER The term "manager" shall mean for this article a person or entity who individually or jointly by agreement or relationship or otherwise is responsible for or who is actually acting as responsible for managing and making decisions as to the care, physical condition or state, or use of a property or premises. NONCONFORMING BUILDING OR USE A building, structure, or use on or of a property that does not conform to the applicable building, zoning or other relevant regulations of the district in which the building, structure, or use on or of the property is situated. NONHABITABLE SPACES Spaces used as kitchenettes, dining or living rooms, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, boiler, recreation rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories, and specifically excluding any rooms used for sleeping, eating and cooking, other than kitchenettes. The presence of a bed or bed frame, or bedding materials, in a room is presumptive evidence that the room is being used for sleeping purposes. OWNER Any person, partnership, corporation, limited liability company, trust, or other entity, who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control, including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. An owner for purposes of this article shall also include the beneficial owner or otherwise the owner of an entity that owns or has an interest in a property including but not limited to shareholders, officers, directors, partners, trustees and members or managers. PARKING SPACE The net area needed for parking one automobile as determined by the Building Inspector or the state or local codes. PRIMARY RESIDENCE Primary residence shall be the domicile of the owner-applicant. The property must be owned by the natural person or persons who occupy the home as their primary residence except that if legal title to the property is held by an entity or by one or more trustees, the beneficial owner or owners are considered to own the property for purposes of this exemption. No other form of ownership shall be eligible for a permit or registration under this article. PUBLISH To promulgate to the general public or to selected segments of the general public in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign, social media, website or other electronic media. RENT A payment or return, in money, property or other consideration (including payment in kind or for services or other thing of value), for the use and occupancy or the right of use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING A dwelling unit established, occupied, used or maintained for rental occupancy as a one-family dwelling, under or by virtue of a rental or lease agreement, verbal or written, or where any sum or thing is paid for occupancy or a charge is made for use and/or occupancy, or where occupancy is pursuant to a contract of sale or installment payment contract, or free of payment by the occupant where payment is made by another individual, organization or agency, or any other occupancy or arrangement for charge of any kind. RENTAL DWELLING REGISTRATION NUMBER A number which is issued upon application to the Village Building Department which is valid only for the advertisement or publishing of a rental dwelling for rent or lease. No occupancy of any rental dwelling shall be permitted without a rental occupancy permit. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use, either in whole or in part. There shall be a presumption of a rental occupancy where one or more individuals are occupying a rental dwelling that is owned by a different person or entity from the occupants. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Village Building Department and shall be valid for two years (24 months) from the date of its issuance. SHORT-TERM RENTAL The rental of residential property or a portion thereof for a term of 29 days or less. The short-term rental of a property is deemed to be a commercial use of that property, which is a violation of the single-family residential zoning of the Village of Poquott. SOCIAL MEDIA The use of social media accounts for advertising or listing of a property or a portion thereof for rent or as a rental property or unit. TENANT An individual who leases, rents, uses or occupies a rental unit. TRANSIENT OCCUPANCY The occupancy of a property as a vacation property, hotel, motel, inn, boardinghouse, lodging house, tourist home or similar sleeping accommodation for a period of 29 days or less. This type of occupant is classified as a guest or a transient occupant.