LeRoy Village, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-6

Definitions

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Verified 11/10/2026 · Next check 12/10/2026
LeRoy VillageStatutory Standards

Operative Text

LeRoy Village, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-6
Terms used in this chapter have the following meanings: ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the residential building, and which is located on the same premises. Such accessory structures shall include but shall not be limited to garages, barns, sheds, porches, workshops, breezeways, hothouses or greenhouses, covered terraces on patios, permanent-type awnings, fences of wood or metal, carports. 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: A. Offices for the building management. B. Dining rooms, banquet rooms, public kitchens and ballrooms. C. Recreation and play rooms. D. Laundries for the use of tenants and occupants, and in connection with the management and operation of a residential building. E. Maintenance and work shops, storage rooms for linen, bedding, furniture, supplies and tenants' equipment and effects. F. Rooms or space for the incidental sale or display of merchandise to occupants and tenants, such newspaper, candy and cigar stands. G. 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 space of a building that is partly below grade, which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. 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. BUILDING A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a room, affording shelter to persons, animals or property. CELLAR That space of a building that is partly or entirely below grade, which has more than half of its height measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. DWELLING, ONE-FAMILY Building containing not more than one dwelling unit, occupied exclusively for residential purposes. DWELLING, TWO-FAMILY 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 household constituting a single housekeeping unit occupied by one or more persons. GENERALLY ACCEPTED STANDARD A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative and in conformity with the New York State Building Code and such other codes adopted by the Village of LeRoy. GRADE, FINISHED Natural surface of the ground or 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: A. Containing three or more dwelling units. B. Containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families. C. 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. With sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses. E. Used or occupied as a convalescent, old-age or nursing home but not including private or public hospitals or public institutions. MULTIPLE RESIDENCE See definition of "multiple dwelling." 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 the spaces used for access and vertical travel between stories. (See definitions of "habitable space," "public space" and "exit.") OCCUPANT Any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit. OPERATOR Any person who has charge, care or control of a multiple residence or rooming house, in which dwelling units or rooming units are let or offered for occupancy. OWNER Owner, or owners of record of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building. PLUMBING SYSTEM The water supply system, the drainage system, the vent system, fixtures and traps, including their respective connections, device 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 confining 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.
Source: Legislative text reproduced verbatim
Plain English

Section 128-6 of LeRoy Village's Code of Ordinances, Chapter 128, establishes the official vocabulary used throughout the village's residential housing regulations. It defines key terms—ranging from structural categories like "basement" and "cellar" to occupancy concepts like "dwelling unit," "family," and "multiple dwelling"—so that the rules applying to residential properties are interpreted consistently. These definitions set the boundaries for what counts as habitable space, who qualifies as an occupant or operator, and what types of structures and uses fall under the chapter's scope.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Chapter 128 should familiarize themselves with the definitions in § 128-6, as these terms govern how compliance obligations are applied throughout the code. For example, the distinction between a "basement" and a "cellar," or between a "kitchen" and a "kitchenette," can determine whether a space qualifies as habitable and whether it may lawfully be used for occupancy. Operators of multiple dwellings in particular should note how § 128-6 defines "operator" and "owner," since those definitions establish who bears responsibility for maintaining compliance with the chapter's requirements.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in LeRoy Village residential properties benefit from the definitions in § 128-6 because these terms shape what landlords are required to provide and maintain under Chapter 128. For instance, understanding what qualifies as a "dwelling unit," "habitable space," or "infestation" under this section can help tenants identify whether a condition in their home may constitute a code violation. Tenants who believe their housing does not meet the standards implied by these definitions may wish to contact the village's administrative officer or consult a local tenant-rights organization for guidance on available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

LeRoy Village Code § 128-57
LeRoy Village Code § 128-36
LeRoy Village Code § 128-70
LeRoy Village Code § 128-59
LeRoy Village Code § 128-4
LeRoy Village Code § 128-71
LeRoy Village Code § 128-62
LeRoy Village Code § 128-71
LeRoy Village Code § 128-70
LeRoy Village Code § 128-73
LeRoy Village Code § 128-59
LeRoy Village Code § 128-59
LeRoy Village Code § 128-70
LeRoy Village Code § 128-64
LeRoy Village Code § 128-63

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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