Evans, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-7

As used in this chapter, the following terms shall have the meanings indicated: 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 premises. BASEMENT That space of a building that is partly below grade, which has 1/2 its height or more, measured from floor to ceiling, above the average established curb level or the finished grade of the ground adjoining the building. BATHROOM An enclosed space containing one or more bathtubs or showers, or both, and which may also contain water closets, lavatories or fixtures serving similar purposes. BUILDING A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property. CELLAR That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the finished grade of the ground adjoining the building. COMMON SPACE All portions of the premises used in common by the occupants of a building housing more than one habitation and not under the exclusive control of the tenant of any one habitation. 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 or designed exclusively for residential purposes by not more than two families, each with separate household arrangements. DWELLING UNIT One or more rooms with proper 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. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. INFESTATION The presence, with 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 dwelling used primarily for the purpose of furnishing lodging to 15 or fewer transient occupants, with or without meals from a common dining area for compensation. LODGING UNIT A room or group of rooms, each 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. A building containing three or more dwelling units. B. A building containing living, sanitary and sleeping facilities occupied by one or two families and more than two roomers or lodgers residing with either one of such families. C. 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. D. 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. NONHABITABLE SPACE Space used as garages, carports, porches, kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms and closets and other spaces for service and maintenance used for access and vertical travel between stories. 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. PREMISES A lot, plot or parcel of land, including the buildings and structures thereon. 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. RENTAL PREMISES Any premises occupied under or by virtue of a rental or lease agreement, verbal or written, or where any sum or thing is paid for occupancy or charge is made for use and/or occupancy or where occupancy is pursuant to a contract of purchase, an installment payment contract or free of payment by the occupant where payment is made by another or any other occupancy or arrangement for charge of any kind. 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 An enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. UNOCCUPIED STRUCTURE OR PREMISES Any structure or building not occupied by any person, or any foundation or excavation not being worked upon in the course of some construction by any person, where the condition thereof is unsafe, unfit or hazardous. VENTILATION Supply and removal of air to and from a space by natural or mechanical means.