Mount Kisco, N.Y., Code of Ordinances ch. 72 (eCode360 ed. 2026) § 72-5
Definitions
Operative Text
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 residential building. Such "accessory use" 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 as 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 Article or approved by an authority designated by law or this Article. 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. See definition of "toilet rooms." 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 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 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 Any number of individuals related by blood, marriage or adoption or not more than four persons who are not so related, living together as a single housekeeping unit using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together. 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 Natural surface of the ground or the surface of the ground after completion of any change in contour, abutting a building or premises. HABITABLE SPACE A 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 unit, lodging house, lodging unit or premises, of insects, rodents, vermin or other pests. KITCHEN A space 60 square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. KITCHENETTE A 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. 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 four 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. E. A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See § 72-2C for certain multiple dwellings not within scope of this Article.) MULTIPLE RESIDENCE See definition of "multiple dwelling." MUNICIPALITY The Village of Mount Kisco. 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.") OWNER An individual, partnership, corporation or other legal entity which is the owner of record of real property subject to the provisions of this chapter. In cases where such "owner" is a partnership, each general partner shall also be considered to be an "owner" with respect to such property, and in cases where such "owner" is a corporation, each person owning 20% of the voting shares thereof or more shall be considered to be an "owner" with respect to such property. 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 line 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.
Section 72-5 of Mount Kisco's Code of Ordinances, Chapter 72, establishes the official definitions that govern how terms are interpreted throughout the chapter's residential building and housing maintenance rules. Each defined term — from "dwelling unit" and "habitable space" to "multiple dwelling" and "owner" — carries a specific legal meaning that shapes how the chapter's requirements apply. These definitions set the boundaries of the code's scope, determining which structures, spaces, and parties fall under its provisions.
Plain English — not legal advice.
Under § 72-5, the definitions section determines how a property owner's responsibilities are classified and applied throughout Chapter 72. Operators of buildings with three or more dwelling units, for example, fall under the "multiple dwelling" definition, which triggers a distinct set of obligations compared to one- or two-family dwellings. Compliant property managers and owners familiarize themselves with these definitions — particularly "owner," "habitable space," and "accessory use" — to accurately assess which code requirements apply to their specific building type and operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 72-5 establishes the foundational vocabulary that defines tenants' rights and protections under Mount Kisco's Chapter 72 housing code. Key definitions such as "dwelling unit," "habitable space," and "infestation" directly shape what standards a rental unit must meet and what conditions may constitute a code violation. Tenants who believe their living conditions fall short of the standards implied by these definitions can consult the Village of Mount Kisco's administrative officer or a local tenant-rights organization to understand what remedies or complaint processes may be available.
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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