For the purpose of this ordinance, the following rules shall apply:

(1)   Words and numbers used singularly shall include the plural. Words and numbers used plurally shall include the singular. Words used in the present tense shall include the future.

(2)   The word “persons” includes a corporation, members of partnership or other business organization, a committee, board, trustee receiver, agent or other representative.

(3)   The word “shall” is mandatory.

(4)   The word “use”, “used”, “occupy” or “occupied” as applied to any land or building shall be construed to include the words “intended”, arranged” or “designed” to be used or occupied.

For the purpose of this ordinance, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

(1)   Accessory Use or Building: A subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises.

(2)   Alley: A public or private thoroughfare which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.

(3)   Apartment: (See Dwelling, Multiple.)

(4)   Alteration: Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another, shall be considered as an alteration.

(5)   Animal Hospital or Clinic: An establishment where animals are admitted principally for examination, treatment, board or care, by a doctor of veterinary medicine. This does not include open kennels or runs.

(6)   Basement: A story one-half of its height having part, but not less than below grade.

(7)   Board House: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, but not exceeding 20 persons.

(8)   Building: Any structure designed, or intended for the enclosure, shelter or protection of persons, animals or property. When a structure is divided into separate parts by unpierced walls from the ground up, each part is deemed a separate building.

(9)   Building Height: The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.

(10) Cellar: A story having more than one-half of its height below grade.

(11) Certificate of Ownership: A person on record with Shawnee County Treasurer's Office who holds deed to the property in question.

(12) Clinic: (See Medical, Dental or Health Clinic)

(13) Day Nursery: An establishment, other than a public or parochial school, which provides day care and education for four or more unrelated children aged five years and under.

(14) Depth of Lot: The distance between the midpoints of straight lines connecting the far most points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

(15) District: A section or sections of the city for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity or use are uniform.

(16) Dwelling: Any building or portion thereof which is designed and used exclusively for residential purposes.

(17) Dwelling. Single-Family: A building having accommodations for and occupied exclusively by one family.

(18) Dwelling. Two-Family: A building having accommodations for and occupied exclusively by two families.

(19) Dwelling, Multiple: A building having accommodations for and occupied exclusively by more than two families.

(20) Family: One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, fraternity or sorority house, lodging house, hotel or motel.

(21) Farm: Any parcel of land containing at least 10 acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, it includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of furbearing animals, riding academies, livery or boarding stables, dog kennels and commercial feed lots.

(22) Floor Area: Floor area, as used herein for computing off-street parking requirements, shall mean the gross floor area of the building.

(23) Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street. Where a street is dead ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street.

(24) Garage. Private: An accessory building designed for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

(25) Garage. Public: A building, or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.

(26) Garage, Storage: A building or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.

(27) Hotel: A building used as an abiding place for more than 20 persons who are being lodged for compensation with or without meals. ·

(28) Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

(29) Lodging House: A building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for definite periods, for compensation, for three or more persons in contradistinction to hotels open to transients.

(30) Lot or Plat: A parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings, including the open spaces required by this ordinance. A lot or plat may include more than one platted lot provided the ownership of all such platted lots is identical.

(31) Lot, Corner: A lot, as defined above, abutting upon two or more streets at their intersection.

(32) Lot, Depth of: The mean horizontal distance between the front and rear lot lines.

(33) Lot, Double Frontage: A lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

(34) Main Building: Any structure designed, or intended for the occupancy by persons in zones permitting residential occupancy or for commercial or industrial            occupancy in zones permitting commercial or industrial use.

(35) Lot of Record: A lot which is a part of a subdivision, the map of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds.

(36) Medical, Dental or Health Clinic: Any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists and podiatrists; and in which no patients are lodged overnight.

(37) Mobile Home: A mobile home shall include any complete structure used for living, sleeping, business or storage purposes; having no foundation other than wheels, blocks, skids, jacks, horses, or skirting; and which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term “mobile home” shall include trailer home, camp car and house car. This definition shall not apply to any vehicle lawfully operated upon fixed rails. The term “mobile home” shall not include two or more separately towed units which are bolted or otherwise fastened together to form a complete living unit.

(38) Mobile Home Park: Any park, court, camp, lot area, piece parcel tract or plat of ground upon which mobile homes are used, whether for compensation or not, including all accessory use thereof.

(39) Modular Home: A dwelling structure located on a permanent foundation and permanently connected to public utilities, consisting of preselected, prefabricated units or modules, and transported to and/or assembled on the site of its permanent foundation; in contradistinction to a dwelling structure which is custom-built on the. site of its permanent location; · and also in contradistinction to a mobile home, either single-wide, double-wide or of multiple width, located on a permanent foundation and permanently connected to public utilities; and further, that it conforms to the present city of Auburn building, housing, electrical and plumbing codes.

(40) Non-Conforming Use: Any building or land lawfully occupied by a use, at the time of the passage of this ordinance or amendments hereto, which does not conform with the provisions of this ordinance or amendments hereto.

(41) Nursing Homes: An establishment or agency licensed by the State of Kansas for the reception, board, care or treatment of three or more unrelated individuals.

(42) Parking Space: An area surfaced for the purpose of storing one parked automobile. For the purpose of this ordinance, one parking space shall have a minimum width of nine feet and minimum length of 20 feet. In computing off-street parking, additional space shall be required off-street for access drives to each parking space.

(43) Place or Court: An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

(44) Professional Office: Any building or part thereof used by one or more persons engaged in the practice of law, accounting, architecture, engineering or other occupation customarily considered as a profession.

(45) Public Utility: Any building which furnishes the general public telephone service, telegraph service, electricity, natural gas or water, and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State of Kansas.

(46) Restaurant: A public eating establishment at which the primary function is the preparation and serving of food.

(47) Rooming House: Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals.

(48) Service Station: A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs or major overhaul.

(49) Setback: The distance between the lot line and building line. (See Article 22, Section 1 for measurement).

(50) Sign: A sign shall include any sign or other device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but shall not include any display of official notice or official flag.

(a)   Sign, Advertising: A sign which directs the attention of the public to any goods, merchandise, property, business service, entertainment, or amusement conducted or produced which is bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located, or to which it is affixed.

(b)   Sign, Sandwich: An advertising or business ground sign which is constructed in such a manner to form an “A” or a tent like shape, hinged or not hinged at the top of each angular face held at an appropriate distance by a supporting member.

(c)   Sign, Business: A sign which directs attention to a business or profession conducted or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A “For Sale” sign or a “For Rent” sign relating to the property on which it is displayed shall be deemed a business sign.

(d)   Sign. Flashing: Any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this ordinance, any revolving illuminated sign shall be considered a flashing sign.

(e)   Sign Illuminated: A sign designed to give forth artificial light or designed to reflect light derived from any source.

(51) Storage Container. A metal cargo or shipping container, in a moveable and modular form, with lockable door access to the interior storage and generally measuring 9 feet long, 6 foot 3 inches wide and under 7 feet tall. This would include, but not be limited to, modular moving containers of a lesser size and differing materials that are commercially available to consumers for storage and moving from companies that provide services for moving households and transfer/storage of household goods.

(52) Street: A right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.

(53) Street Line: A dividing line between a lot, tract or parcel of land and the contiguous street.

(54) Street Network:

(a)   Arterial street: A street which provides for thru traffic movement between and around areas and across the city, with direct access to abutting property; subject to necessary control of entrances, exits and curb uses.

(b)   Collector Street; A street which provides for traffic movement between arterial and local streets, with direct access to abutting property.

(c)   Local Street: A street which provides direct access to abutting land and for local traffic movement, whether in business, industrial or residential areas.

(55) Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences.

(56) Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this ordinance, the following shall not be considered structural alterations.

(a)   Attachment of a new front where structural supports are not changed.

(b)   Addition of fire escapes where structural supports are not changed.

(c)   New windows where lintels and support walls are not materially changed.

(d)   Minor repair or replacement of non-structural members.

(57) Tavern: An establishment in which the primary function is the public sale and service of malt beverages.

(58) Trailer: (See Mobile Home.)

(59) Width of Lot: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however, that width between side lot · lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sac, where the 80 percent requirements shall not apply.

(60) Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this ordinance; in measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.

(61) Yard, Front: A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the front building line.

(62) Yard, Rear: A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and rear of such main building. Where an alley is platted at the rear of the lots, one-half the width of the alley may be included in the rear yard requirements.

(63) Yard. Side: A yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally, at 90 degrees with the side lot line, from the nearest point of the side lot line toward the nearest part of the main building.

(64) Zone or District: A section of the city for which uniform regulations governing the use, height, area, size and intensity of use of building, land, and open space about buildings are herein established.

Words or terms not herein have their ordinary meaning in relation to the context.