Tuckahoe, N.Y., Code of Ordinances ch. 12 (eCode360 ed. 2026) § 12-8
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 main building and which is attached thereto or located on the same premises. APPROVED Approved by the Commissioner under the provisions of this chapter or the rules and regulations adopted pursuant thereto or approved by an authority designated by law or by this chapter. BASEMENT The portion of the building that is partly underground which has more than 1/2 its height measured from clear floor to ceiling above the average finished grade of the ground adjoining the building. BATHROOM Enclosed space containing one or more bathtubs or showers, or both, and which may also include toilets, lavatories or fixtures serving similar purposes. BUILDING A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. CELLAR The lowermost portion of the building partly or totally underground having 1/2 or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground. COMMISSIONER The Commissioner of Buildings, referred to in this chapter as the Building Inspector. DEPARTMENT The Building Department of the Village of Tuckahoe. DWELLING A building containing not more than two dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the dwelling by the occupants, such as the practice of a profession. DWELLING UNIT One or more rooms with living, cooking, sanitary and sleeping facilities therein, arranged with one family. EXTERIOR PROPERTY AREAS Open space on the premises and vacant open space on adjacent premises. EXTERMINATION The control and extermination of insects, rodents and vermin by eliminating their harborage places; by removing, or making inaccessible, materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by other approved means of pest elimination. GARBAGE The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. GRADE The natural surface of the ground or surface ground after completion of any change in contour. GROSS FLOOR AREA The total area of all habitable space. HABITABLE SPACE Space occupied by one or more for living, sleeping, eating or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms. INFESTATION The presence, within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises, of insects, rodents, vermin or other pests. KITCHENETTE Space, less than 60 square feet in floor area used for cooking or preparation of food and not deemed habitable space. MULTIPLE RESIDENCE - A (a) Building containing three or more dwelling units. (b) 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) 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. 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. OUTSIDE DESIGN TEMPERATURE For the purpose of this chapter, 0° F. PLUMBING SYSTEM Pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage. POTABLE WATER Water duly approved as satisfactory and safe for drinking. PREMISES A lot, plot or parcel of land including the buildings or structures thereon. PUBLIC SEWER A sewer operated by a public authority or public utility and available for public use. ROOMING HOUSE A building or part thereof which contains one or more rooming units and in which space is occupied or intended to be occupied by five or more persons who are husband or wife, son or daughter, mother or father or sister or brother of the owner or operator. ROOMING UNIT Any room or groups of rooms forming a single habitable unit used or intended to be used for living or sleeping, but not for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SEWAGE Waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine. STRUCTURE A combination of any materials, whether fixed or portable, forming a construction, including buildings. The word "structure" shall be construed as though followed by the words "or part or parts thereof." SUPPLIED FACILITIES Facilities paid for, furnished or provided by or under the control of the owner or operator. TOILET ROOM OR COMPARTMENT Enclosed space containing one or more toilets, which may also contain one or more lavatories, urinals and other plumbing fixtures. VENTILATION Supply and removal of air to and from any 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 12-8 of Tuckahoe, N.Y., Code of Ordinances ch. 12 establishes the official vocabulary used throughout the village's housing and property maintenance chapter. Each defined term — from "basement" and "cellar" to "dwelling unit," "operator," and "habitable space" — carries a specific legal meaning that governs how all other provisions in the chapter are interpreted and applied. The definitions draw precise distinctions, such as the difference between a basement (more than half its height above grade) and a cellar (half or more below grade), which can affect what uses or occupancies are permitted in those spaces.
Plain English — not legal advice.
Property owners and managers operating in Tuckahoe should familiarize themselves with the definitions set out in ch. 12 § 12-8, because these terms control the meaning of every other requirement in the chapter. Compliant operators typically use these definitions when classifying spaces — for example, distinguishing habitable space from a kitchenette or a cellar from a basement — to ensure that occupancy, ventilation, and maintenance standards are applied correctly. Understanding the defined scope of terms like "operator," "supplied facilities," and "multiple residence" helps owners accurately identify which obligations apply to their specific property type.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Tuckahoe can look to ch. 12 § 12-8 to understand the precise meanings behind terms that appear in the village's housing code, such as what qualifies as a "dwelling unit," "habitable space," or "infestation." These definitions matter because they determine whether a space is legally recognized as livable and what standards a landlord must meet. Tenants who believe a space has been misclassified — for instance, a cellar being rented as habitable space — may wish to consult a tenant-rights organization or contact the Village of Tuckahoe Building Department to explore 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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