Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-6

As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY BUILDING OR USE A subordinate building or use customarily incidental to and located on the same lot occupied by the main building or use. ALLEY A narrow lane between buildings giving access to the rear of buildings. ALTERATIONS (As applied to a building or structure) The change or rearrangement of the structural parts or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs to buildings or structures. APARTMENT or SUITE A room or suite of two or more rooms occupied or intended to be occupied as the home or residence of an individual, family or household. APPROVED Approved by the Building Department of the Incorporated Village of Port Jefferson. APPROVED MATERIAL AND CONSTRUCTION Material approved by the Building Department of the Incorporated Village of Port Jefferson, pursuant to the New York State Uniform Fire Prevention and Building Code. BASEMENT A story in a building, the structural ceiling level of which is four feet or more above the average level of the finished grade, where such grade abuts the exterior wall of such building which fronts on any street, and the floor level of which is below the finished grade at any point on the periphery of the building. BATHROOM Enclosed space containing a minimum of one water closet, one lavatory and may also have either one bathtub or shower. It may also contain additional plumbing fixtures serving similar purposes. (See also "toilet room.") BUSINESS UNIT A building or combination of buildings used wholly or in part for commercial purposes, including but not limited to shopping centers, supermarkets, retail stores, discount houses, warehouses, manufacturing or fabrication plants, gasoline service stations, public garages, motor vehicle repair shops or other business uses. CELLAR That space of a building that is partially or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining the building. COURT A required open and unoccupied space on the same lot and enclosed on at least three sides by walls of a building. DEPARTMENT or BUILDING DEPARTMENT The Building Department of the Incorporated Village of Port Jefferson. DWELLING Any building which is wholly or partly used or arranged, designed or intended to be occupied or used for living or sleeping by one or more human occupants. DWELLING UNIT A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A house, trailer, boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit." DWELLING, ONE-FAMILY A building containing not more than one dwelling unit occupied exclusively for residential purposes. DWELLING, TWO-FAMILY A building containing two dwelling units occupied exclusively for residential purposes. 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 "Family" shall be defined as follows: A. One of the following: (1) One, two or three persons occupying a dwelling unit; or (2) Four or more persons occupying a dwelling unit and living together as a family or the functional equivalent of a family. B. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, domestic partnership, or legal adoption do not constitute the functional equivalent of a family. C. In determining whether individuals are living together as the functional equivalent of a family, the following criteria shall be considered: (1) The group is one which in theory, size, appearance, structure and function resembles a family unit; (2) The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a family; (3) The group is permanent and stable. Evidence of such permanency and stability may include: (a) The presence of minor dependent children regularly residing in the household who are enrolled in local schools; (b) Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes; (c) Members of the household are employed in the area; (d) The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; (e) There is common ownership of furniture and appliances among the members of the household; and (f) The group is not transient or temporary in nature. (4) Any other factor reasonably related to whether or not the group is the functional equivalent of a family. FLOOR AREA, LIVABLE All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements, having a window area of less than 10% of the square foot floor area of the room. "Usable floor area" shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit, and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space. GARBAGE All putrescible animal or vegetable wastes resulting from the receipt, storage, handling, preparation, cooking and consumption of food. INFESTATION The presence of insects, rodents, vermin or other pests. JUNKED VEHICLE Any vehicle, including a boat or trailer, which is without a currently valid license plate or plates and is in either rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition. KITCHEN A space 70 square feet or more in floor area used for cooking or preparation of food. KITCHENETTE A space less than 70 square feet in floor area used for cooking or preparation of food. LOT Plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose. MIXED OCCUPANCY Occupancy of a building in part for residential use and in part for some other use not accessory thereto. MULTIPLE DWELLING A dwelling which is designed or intended to be occupied or is occupied as a temporary or permanent residence or home of three or more families living independently of each other. NONHABITABLE ROOM Rooms within a dwelling, such as bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars and similar spaces, that are not used frequently or during extended periods. PLUMBING SYSTEM The water-supply system, drainage system, vent system, fixtures and traps, including their respective connections, devices and appurtenances within the property liens of the premises. POTABLE WATER Water which is approved for drinking, culinary and domestic purposes. PREMISES The same meaning as "lot." PRIVATE DWELLING A one- or two-family dwelling occupied exclusively for residence purposes by one or two families, respectively, as defined hereinabove. PUBLIC SPACES Spaces within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and dining rooms and their kitchen, and swimming pools. REFUSE All cardboard, plastic, metal or glass food containers, wastepaper, rags, sweepings, small pieces of wood, excelsior rubber, leather and similar waste material that ordinarily accumulates around a home, business or industry. SEWAGE Liquid waste containing animal or vegetable matter in suspension or solution, and which may include industrial wastes and liquids containing chemicals. STRUCTURE A combination of materials, other than a building, to form a construction that is safe and stable, and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, sheds, storage bins, walls, fences and display signs; the term "structure" shall be construed as if followed by the words "or part thereof." TOILET ROOM Enclosed space containing one or more water closets, which may also contain one or more lavatories, urinals or other plumbing fixtures. (See "bathroom.") VENTILATION Supply and removal of air to and from a space by natural or mechanical means. YARD An open space on the same lot which contains a building, and located between the building line and the lot line which the particular building line faces.