Buildings occupied in whole or in part for residential purposes,
subject to this chapter, shall comply with the requirements established
in this article concerning occupancy, size, light and ventilation
in order to provide safe and healthful environment.
[Amended 6-26-2018 by L.L. No. 6-2018]
The maximum number of occupants of any building shall be determined
based on the requirements of the New York State Uniform Fire Prevention
and Building Code, as amended.
A dwelling unit shall contain at least one habitable room having
a minimum of 150 square feet of floor area and a minimum horizontal
dimension of 10 feet.
Each 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 the 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.
Basements shall not be deemed habitable space where required
windows are located only on one wall and the depth of the basement
space exceeds four times its clear height.
Buildings for the purpose of this chapter shall be classified
in respect to their occupancies as follows:
A. One-family owner-occupied dwellings: buildings containing not more
than one dwelling unit occupied exclusively for residential purposes
by the immediate family of the owner-occupant, not having more than
one kitchen or one kitchenette and no portion of which is used for
the accommodation of roomers or boarders.
B. One- and two-family dwellings: buildings containing one or two dwelling
units, with less than four lodgers residing with a family in either
one of such dwelling units.
C. Multiple dwellings: buildings containing one or two dwelling units
with more than four lodgers with a family in either one of such dwelling
units, buildings containing three or more dwelling units, lodging
houses, buildings with sleeping accommodations for more than five
persons used or occupied as a club, dormitory, fraternity or sorority
house or for similar uses and garden apartments.
D. Accessory structures: garages, carports and similar-type structures
on residential premises.