Westbury, N.Y., Code of Ordinances ch. 83 (eCode360 ed. 2026) § 83-2
Definition of terms used as used herein
Operative Text
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. ALTERATION (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 any individual, family or household. APPROVED Approved by the Superintendent of the Building Department of the Village of Westbury. APPROVED MATERIAL AND CONSTRUCTION Those means and materials approved by the Superintendent of the Building Department of the Village of Westbury. BASEMENT That space of a building that is partly below grade, which has 1/2 or more of its height, from floor to ceiling, above the average established finished grade of the ground adjoining the building. BATHROOM Enclosed space containing a minimum of one water closet, one lavatory and either one bathtub or shower. It may also contain additional plumbing fixtures serving similar purposes. CELLAR That space of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured 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. 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 living unit containing two or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family. FAMILY For the purpose of this chapter, the definition of "family" shall be the same as contained in Chapter 248 of the Westbury Code entitled "Village of Westbury Amended Building Zone Ordinance of 1937." STRUCTURE A combination of materials, other than a building, to form a construction that is safe and stable and includes, among other things, platforms, sheds, storage bins, walls and fences. The term "structure" shall be construed as if followed by the words "or part thereof." SUPERINTENDENT OF BUILDING DEPARTMENT The person in charge of the Building Department of the Village of Westbury or his duly authorized representative. VILLAGE The Village of Westbury. VILLAGE BOARD The Board of Trustees of the Village of Westbury. VILLAGE COUNSEL The Village Attorney of the Village of Westbury and any other counsel appointed by the Village Board to enforce the provisions of this chapter.
Section 83-2 of Westbury, N.Y., Code of Ordinances ch. 83 establishes the official definitions for key terms used throughout the chapter governing housing and building standards in the Village of Westbury. These definitions set the precise legal meanings for words like 'dwelling,' 'apartment,' 'basement,' 'cellar,' and 'structure,' which determine how the chapter's rules apply to specific buildings and spaces. By anchoring these terms to fixed definitions, the provision ensures consistent interpretation and application of the chapter's requirements by village officials, property owners, and residents alike.
Plain English — not legal advice.
Property owners and managers operating in Westbury should be familiar with the definitions established in ch. 83 § 83-2, as these terms directly shape how the chapter's requirements apply to their buildings. For example, the distinction between a 'basement' and a 'cellar' under § 83-2 affects how those spaces may be classified and used, and the definition of 'dwelling unit' determines which spaces must meet habitability standards. Compliant operators generally ensure that any descriptions of their properties align with these defined terms when seeking approvals from the Superintendent of the Building Department.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Westbury benefit from understanding the definitions in ch. 83 § 83-2, as these terms establish what qualifies as a lawful dwelling, apartment, or dwelling unit under the chapter. For instance, the definition of 'apartment or suite' and 'dwelling unit' can be relevant when evaluating whether a rented space meets the chapter's baseline standards. Tenants who believe their living space may not meet the standards tied to these definitions can consult the Village of Westbury's Building Department or a local tenant-rights organization to understand 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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