1121.05 DEFINITIONS.
   Certain words in this Zoning Code are defined as follows:
   (1)    Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure" and "shall" is mandatory.
   (2)    "Abutting" means bordering.
   (3)    "Accessory building" means a subordinate building customarily incidental to and located on the same lot occupied by the main building and not utilized for business purposes.
   (4)    "Accessory use" means the use of a part of a dwelling for customary home occupations and wholly incidental to the use of the major portion of the dwelling. (Ord. 68-70. Passed 6-2-70.)
   (4.1)    "Adult bookstore" means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, books, magazines, other periodicals, films, tapes and cassettes, which materials have as their major or dominant theme matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.
   (4.2)    "Adult motion picture theater" means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes twenty-five percent (25%) or more of its total viewing time for the presentation of, or both, materials for observation by its patrons which have as their major or dominant theme matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein. (Ord. 15-82. Passed 2-16-82.)
   (5)    "Alley" means a public way less than thirty feet in width, but not less than ten feet in width, dedicated to public use for travel or transportation and affording secondary access to abutting property.
   (6)    "Alley line" means a lot line bordering on an alley
   (7)    "Alter" or "alteration" means any change, rearrangement or modification in construction in the exit facilities, or the moving of partitions from one location or position to another.
   (8)    "Structural alteration" means any change in the supporting members of a building such as bearing walls, columns, lintels, beams or girders, or floor construction. (Ord. 68-70. Passed 6-2-70.)
   (8.1)    "Amusement arcade" means any place of business at which five or more mechanical or electrically operated amusement devices are located for the use of entertainment of persons patronizing the place of business.
      (Ord. 43-82. Passed 5-18-82.)
   (8.2)    "Billiard room" means any public place wherein the game of billiards is permitted to be played, and where there are five or more tables for such use. "Billiards" means any of the several games played on a table surrounded by an elastic ledge or cushions, with balls which are impelled by a cue, and shall include all forms of the game known as pool, except that form of pool known as skill pool heretofore defined as one of the several types of pinball games.
      (Ord. 69-90. Passed 11-6-90.)
   (9)    "Boarding house" means a building other than a hotel or motel where for compensation by the week or month, meals or lodging and meals are provided for five but not more than twenty persons.
   (10)    "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
      (Ord. 68-70. Passed 6-2-70.)
   (11)    "Building line" means the line beyond which no structure shall be erected unless otherwise provided for in this Zoning Code.
      (Ord. 164-70. Passed 12-7-71.)
   (12)    "Child care" means day care facility.
      (Ord. 31-06. Passed 5-2-06.)
   (13)    "Commission" means the Planning Commission of the City of Whitehall.
   (14)    "Corner lot" means a lot at the intersection of, and abutting on, two streets not less than forty feet in width.
   (15)    "Court" means an open, uncovered, unoccupied space other than a yard on the same lot with a building either surrounded by the building walls or bordered by such walls on two or more sides.
(Ord. 68-70. Passed 6-2-70.)
   (15.1)   “Day care facility” means an enterprise that is operated for the purpose of caring for seven or more young children apart from their parents or adults in need of supervision when received for regular periods of time but less than twenty-four hours per day, for compensation. Day care facility may also be known as kindergarten, nursery school or child care facility. Such uses shall be regulated by appropriate state law.
   (15.2)   “Home day care” means a home occupation, as defined in Section 1121.05 , housed in a building used primarily as a dwelling unit which cares for no more than six children apart from their parents or adults in need of supervision when received for regular periods of time but less than twenty-four hours per day, for compensation. Only those individuals who legally reside in the dwelling where the home occupation is located may be employed in the home day care. Such uses shall be regulated by appropriate state law.
(Ord. 31-06. Passed 5-2-06.)
   (16)   "Density" means the number of families residing on, or dwelling units developed on, a net acre of land.
(Ord. 68-70. Passed 6-2-70.)
   (16.1)   "Dispensing of combustible liquids and compressed gases" means the dispensing or transferring, for sale, of any combustible liquid and compressed gas from bulk storage to portable containers or from one vessel to another vessel.
      (Ord. 34-95. Passed 6-6-95.)
   (17)    "District" means all properties of the same use, height and area classification which adjoin or are continuous without intervening property of another classification and regardless of any street, alley, easement or reserve that may intervene.
      (Ord. 68-70. Passed 6-2-70.)
   (17.1)"Drive-in or drive-thru restaurant" means a business which prepares and/or dispenses ready-to-eat food or beverages and does not provide a place for all its customers to eat inside the building or which serves ready-to-eat food or beverages for carryout.
      (Ord. 164-70. Passed 12-7-71.)
   (18)    "Single-family dwelling" means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.
      (Ord. 68-70. Passed 6-2-70.)
   (18.1)   (a)    "Family" means:
         (1)    A person or persons related by blood or by law.
         (2)    A group of unrelated persons not exceeding five (5) in number living as a single household unit.
         (3)    A foster home in which the parents have not more than eight (8) unrelated children under the age of eighteen (18) years.
      (b)    "Family", specifically, does not mean:
         (1)    Fraternities or sorority groups.
         (2)    Boarding houses, hotels or motels.
         (3)    Group homes of unrelated persons exceeding five (5) in number.
            (Initiative Ord. 24-77. Voted by electors 6-7-77.)
   (19)    "Two-family dwelling" means a building arranged or designed to be occupied by two families, the structure having only two dwelling units with separate entrances.
   (20)    "Apartment dwelling" means a building arranged or intended for four or more families living independently of each other in separate dwelling units, any two or more provided with a common entrance or hall, and all dwelling units are intended to be maintained under single ownership or owned under condominium.
   (21)    "Dwelling group" means a group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
   (22)    "Erect" means construct, build, raise or establish either under, upon or above the ground surface.
   (23)    "Established grade" means the elevation of the street curb as fixed by the City.
   (24)    "Extend" means to enlarge or to increase the area used or occupied.
      (Ord. 26-73. Passed 5-15-73.)
   (24.1)   "Fence" or "wall" means any structure composed of wood, metal, stone, brick or other material erected or constructed in such manner and position as to enclose, partially enclose or divide any premises or any part of any premises.
      (Ord. 37-89. Passed 4-18-89.)
   (25)    "Fronting" means bordering in the sense of affording principal access.
   (26)    "Front line of a building" or "front yard line", respectively, mean that portion of the building line or yard line adjacent to the street line affording principal access to the building.
   (27)    "Front yard" means an open, unoccupied space on the same lot with a building between the front line of the building and front line of the lot.
   (28)    "Private garage" means a building or portion of a building used for the housing of motor vehicles as an accessory use permitted in a residence district and in which no occupation, business or service connected in any way with motor vehicles is carried on.
   (29)    "Public garage" means any building or portion of a building, other than a private garage, used for the housing of commercial or noncommercial motor vehicles.
   (30)    "Garage repair shop" means any building or portion of a building in which repairs are made to motor vehicles.
   (31)    "Greatest dimensions of the area included in a district" means the length of the projection of the district upon the center line of a street which passes through the district or upon which the property abuts, such projection being made at right angles to the street.
   (32)    "Height of a building" means the perpendicular distance measured in a straight line from the curb level, or from the finished grade line of the lot where such grade is higher than the curb, to the highest point of the roof beams in the case of high-pitched roofs, the measurements in all cases to be taken through the center of the facade of the house Where a building is on a corner lot and there is more than one grade or level, the measurements shall be taken through the center of the facade on the street having the lowest elevation
   (33)    "Home occupation" means any use or profession customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
   (33.5)   "Home building center" means a retail outlet, addressed primarily to the do-it-yourself customer, consisting of the basic departments of hardware, tools, plumbing and electrical, plus cut lumber and light building supplies. Milling operations, defined as sawing, planing, ripping, shaping, drilling and/or manufacture of wood products, are prohibited. Heavy building material such as brick, concrete blocks, sand, gravel, steel beams, drain tile, large framing lumber and similar materials, shall not be stocked or stored on the premises.
      (Ord. 26-73. Passed 5-15-73.)
   (34)    "Industry" means operations involved in manufacture, production or processing of articles for use.
   (35)    "Interior lot" means a lot, other than a corner lot, or that portion of a corner lot area in excess of 7,200 square feet.
   (36)    "Least dimension of a yard" means the shortest lineal dimension of such yards If two opposite sides of a yard are not parallel, such least dimension shall be deemed to be the mean distance between them.
   (37)    "Living quarters" means that portion of the building which is constructed with ceilings and walls finished on the inside in the customary manner or finished in accordance with the City Building Code.
      (Ord. 68-70. Passed 6-2-70.)
   (37.1)"Manufactured home" means any non self-propelled vehicle transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a permanent dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, and which bears a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. (Ord. 34-95. Passed 6-6-95.)
   (38)    "Minimum foundation area for living quarters" means the perimeter area of foundation for living quarters, exclusive of garages, porches, breezeways, patios.
   (39)    "Minimum net floor area for living quarters" means the computation for the floors in the dwelling above the lot grade line. Where the second floor in each case qualifies for living quarters, access thereto shall be by means of a permanent built-in stairway. In computing the minimum net floor area for living quarters, rooms for heating equipment or other utility purposes, outside vestibules and open or closed porches or verandas shall not be included.
      (Ord. 68-70. Passed 6-2-70.)
   (39.1)"Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, or built subsequent to such Act but not certifiable to compliance with it.
   (39.2)"Modular home" means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.
      (Ord. 34-95. Passed 6-6-95.)
   (40)    "Lot" means a parcel of land occupied, or designated to be occupied, as a unit by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such building. Such lot may or may not be the same as the lot in a recorded subdivision.
   (41)    "Depth of lot" means the average horizontal distance between front and rear lot lines.
   (42)    "Lot line" means the line of demarcation between properties either public or private.
   (43)    "Width of lot" means the average horizontal distance between side lot lines.
   (44)    "Occupancy" for purposes of obtaining a Building Placard (Occupancy Permit) means the purpose for which a building or part of a building is used or intended to be used. “Occupancy” for purposes of obtaining a Certificate of Occupancy means a change of property address, tenants, or owner/landlord.
      (Ord. 84-98. Passed 10-6-98.)
   (45)    "Opaqueness" means the degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface.
   (46)    "Person" means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its successors or assigns, or the agent of any of the aforesaid.
   (47)    "Porch" means a roofed structure projecting from a building, separated from the building by the walls of the building and partially supported by piers, posts or columns, open, enclosed or partially enclosed.
   (48)    "Open porch" means a porch with no enclosing feature, except screens, higher than thirty-six inches above the floor except the roof and roof supports.
   (49)    "Premises" means lands and everything of a permanent nature which may be holder.
   (50)    "Private residence" means a place of usual or customary abode.
      (Ord. 68-70. Passed 6-2-70.)
   (50.1)   "Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   (50.2)"Specified sexual activities" means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. (Ord. 15-82. Passed 2-16-82.)
   (51)    "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. When the ceiling of the lower story of a building can be used for any purpose except service equipment pertaining to the building, such lower and/or attic story shall be a story for the purpose of this Zoning Code. The first floor level shall mean the floor level at or nearest the grade level at the principal entrance.
   (52)    "Half story" means a story under a gable, hips or gambrel roof, the wall plates of which on at least two exterior walls are not less than three feet above the floor of such story.
   (53)    "Street" means any thoroughfare or public park not less than forty feet in width which has been dedicated or deeded to the City for public use.
   (54)    "Street line" means the lot line bordering a street, park or other public way other than an alley.
   (55)    "Street right-of-way line" means the dividing line between a street right-of-way and the contiguous property.
   (56)    "Structure" means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including advertising signs, billboards, mobile homes (located for occupancy on a permanent foundation) and other constructions or erections with a special function or form. When open canopies are used to protect customers from the elements, such as with gasoline service stations, setback requirements shall not pertain to the canopy except as specified in Section 1125.30(a)(3) of this Zoning Code.
      (Ord. 34-95. Passed 6-6-95.)
   (57)    "Accessory or ancillary structure" means a subordinate structure, the use of which is incidental to that of a principal structure on the same lot.
   (58)    "Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated
   (59)    "Studio" means the working room of an artist, painter, sculptor or, by extension, one engaged in any more or less artistic employment, as in photographing, designing, etc.
   (60)    "Trade" means such commercial activities as are entailed in interchange, but not including operations of manufacture.
   (61)    "Use" means the application of premises or buildings to a particular purpose
   (62)    "Rear yard" means an open space between the rear line of the principal structure, exclusive of steps, and the rear line of the lot, and extending the full width of the lot and which may be used for accessory structures
      (Ord. 68-70. Passed 6-2-70. )
   (63)    "Side yard" means an open, unoccupied space on the same lot with a structure between the side line of the structure, exclusive of steps, and the side line of the lot, and extending from the front line of the principal structure to the rear line of the principal structure. (Ord. 164-70. Passed 12-7-71.)
   (64)    "Townhouse" means a building consisting of a series of three or more attached or semidetached dwelling units, each with a ground floor and a separate entrance, whether maintained under single ownership, separate ownership or condominium. (Ord. 68-70. Passed 6-2-70.)
   (65)   “Pawnshop” means an establishment where a pawnbroker, as defined in Section 757.01(a) of the Codified Ordinances of the City of Whitehall, lends money and holds some of the borrower’s goods as collateral, to be sold to the public in the event of default.
      (Ord. 32-01. Passed 7-3-01.)
   (66)   “Commercial vehicle” means any vehicle used or designed to be used for business or commercial purposes and/or which infringes on the residential character of a residential district and includes but is not necessarily limited to: a bus, concrete truck, dump truck, garbage truck, box truck, stake bed truck, flat bed truck, semitractor, semitrailer, step van, tack truck, tar truck or tow truck whether used for business or commercial purposes or for personal use. Pickup trucks, panel or light trucks which have the operating characteristics similar to those of a passenger car are not considered commercial vehicles unless they are used for business or commercial purposes.
      (Ord. 16-2011. Passed 3-15-11.)