Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-1
Definitions
Operative Text
A. As used in this chapter, the following terms shall have the meanings ascribed to them: 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 — (1) 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 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. (2) The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings. APPROVED Approved by the administrative officer under the provisions of this chapter, or approved by an authority designated by law or this chapter. BASEMENT That portion of a building that is partly or completely below grade plane. 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. See the definition of "toilet room." 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 See "basement." DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes by the immediate family of the owner-occupant, nor having more than one kitchen or one kitchenette and no portion of which is used for the accommodation of roomers or boarders. DWELLING, ONE-FAMILY, OWNER-OCCUPIED A building 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. DWELLING, TWO-FAMILY A building containing not more than two dwelling units occupied exclusively for residential purposes. DWELLING UNIT One or more rooms with provisions 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. GRADE, FINISHED A natural surface of the ground, or surface of the ground after completion of any change in contour, abutting a 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 That portion of a building designed for the storage and cooking or preparation of food, having at least but not limited to facilities for cooking, a sink and refrigerator. KITCHENETTE A space, less than 60 square feet in floor area, with a minimum width of five feet, designed and used exclusively for cooking and eating, having at least but not limited to facilities for cooking, a sink and refrigerator. 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 (1) A building containing three or more dwelling units. (2) 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. (3) 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. (4) 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. (5) A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. MULTIPLE RESIDENCE See the 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 those spaces used for access and vertical travel between stories. See the definitions of "habitable space," "public space" and "exit." 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. 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 An enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals and other plumbing fixtures. See the definition of "bathroom." VENTILATION The 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 the outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices. B. Any term not defined in this section, but defined in the Town Building Code or in the Town Electrical Code or Plumbing Code, shall be construed for the purpose of this chapter as so defined.
Section 135-1 of Oyster Bay's Code of Ordinances establishes the foundational vocabulary for the entire housing chapter, assigning precise meanings to terms such as "dwelling unit," "multiple dwelling," "habitable space," "accessory use," and many others. These definitions govern how all subsequent provisions in Chapter 135 are interpreted and applied to residential properties in Oyster Bay. Where a term appears in the chapter but is not defined here, Section 135-1 directs readers to the Town Building, Electrical, or Plumbing Codes for the controlling definition.
Plain English — not legal advice.
Property owners and managers operating under Oyster Bay's Chapter 135 should be familiar with the specific definitions in Section 135-1, since terms like "multiple dwelling," "accessory use," and "dwelling unit" carry precise legal meanings that determine which code requirements apply to a given property. For example, a building with three or more dwelling units is classified as a "multiple dwelling" under this section, which may trigger obligations distinct from those for one- or two-family dwellings. Compliant operators generally ensure that their property classifications, use designations, and physical configurations align with the definitions set out in Section 135-1 before applying any other provision of the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Oyster Bay residential properties can look to Section 135-1 to understand how key terms used throughout Chapter 135 — such as "habitable space," "infestation," "exit," and "lodging unit" — are officially defined, which in turn shapes what protections and standards apply to their home. Knowing, for instance, that "infestation" is defined to include the presence of insects, rodents, or other pests within or near a dwelling can help tenants identify when a condition may implicate other provisions of the chapter. Tenants who believe a condition in their home may violate Chapter 135 can consult the definitions in Section 135-1 as a starting point, and may wish to contact a local tenant-rights organization or the relevant Oyster Bay administrative office for further guidance.
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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