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City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
A. 
Buildings occupied in whole or in part as defined in this chapter shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide safe and healthful environment.
B. 
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.
Buildings, for the purpose of this chapter, shall be classified in respect to their occupancies as follows:
A. 
One- and two-family dwellings: buildings containing one or two dwelling units with less than four lodgers residing with a family in either one of such dwelling units.
B. 
Multiple dwellings.
(1) 
Buildings containing three or more dwelling units.
(2) 
Apartment houses and apartment hotels.
(3) 
Rooming houses.
(4) 
Buildings with sleeping accommodations for more than five persons, used or occupied as a club, dormitory, fraternity or sorority house or for similar uses.
(5) 
Garden apartments.
C. 
Accessory structures: garages, carports and similar types of structures on residential premises.
A. 
In dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as follows:
(1) 
One occupant per room having a floor area of at least 80 but less than 120 square feet.
(2) 
Two occupants per room having a floor area of at least 120 but less than 180 square feet.
(3) 
Three occupants per room having a floor area of 180 or more square feet.
B. 
In rooming houses, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units.
C. 
In buildings occupied as clubs, dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined as the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant.
A. 
The use of any kitchen, nonhabitable space or public space for sleeping purposes is prohibited.
B. 
The use of any communal kitchen containing less than 100 square feet of floor area, or any nonhabitable space or public space other than dining space, for dining purposes in rooming houses is prohibited.
C. 
The preparation or consumption of meals in rooming houses is prohibited.
D. 
The use of any cellar space as a habitable space is prohibited.
A. 
Every habitable room shall contain not less than 80 square feet of clear floor area and have in any part at least eight feet in its least horizontal dimension and shall have a clear height of not less than eight feet, measured from finished floor to finished ceiling.
[Amended 11-7-1968, approved 11-7-1968]
B. 
A dwelling unit shall have at least one living room containing not less than 150 square feet of clear floor area, and such apartment or dwelling unit shall, in its entirety, contain at least 150 square feet of floor space for the first occupant thereof and at least 100 square feet additional floor space for each additional occupant thereof, to be calculated on the basis of total habitable room area.
C. 
Kitchens shall have a minimum of 70 square feet of floor area, and other habitable spaces shall contain not less than 80 square feet of floor area and shall have a minimum horizontal dimension of seven feet.
D. 
Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least 80% of the wall area of such partition, measured in the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more but less than the required area of a habitable room shall be separately lighted and ventilated as required for habitable space.
Basements shall not be deemed habitable space where required windows are located only on one wall and the depth of the basement space exceeds four times its clear height.
Every habitable room shall have one or more windows opening directly on a street or on a yard or court conforming to the requirements of this chapter and shall be provided with artificial light and natural ventilation or with mechanical ventilation in addition to natural ventilation.