18-102.  MEMBERSHIP.  The planning commission shall consist of seven members, two of whom shall reside outside the city limits and within a limit of three miles from the city limits.

            The members of the planning commission shall be appointed by the mayor with the approval of the other city councilmembers.  The members of the commission first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms as one, two and three years.  Thereafter members shall be appointed for terms of three years each.  Vacancies shall be filled by appointment for the unexpired term only.  Members of the commission shall serve without compensation for their service.  (K.S.A. 12-702; Code 1991)

            18-103.  POWERS, DUTIES.  The powers and duties of the planning commission shall be as established by the Kansas Statutes Annotated.  (Code 1991)

            18-104.  ORGANIZATION; MEETINGS, QUORUM; RECORDS.  The members of the city planning commission shall meet within two weeks following their appointment and organize by selection of one of their members a chairperson and one as vice-chairperson, who shall serve one year and until his or her successor has been selected and qualified.  The city planning commission shall meet thereafter at least once each month at such time and place as it may fix by resolution.  Special meetings may be called by the chairperson or in his or her absence by the vice-chairperson.  A majority of such commission shall constitute a quorum for the transaction of business.  The commission shall cause a proper record to be kept of all the proceedings.  (K.S.A. 12-703; Code 1991)

            18-105.  COMPENSATION.  All members of the commission shall serve without compensation, but they may be reimbursed for their expenses actually incurred in the performance of their duties.  (K.S.A. 12-702; Code 1991)

            18-106.  REMOVAL OF MEMBERS.  No member of the commission shall be removed during his or her term of office, except for cause, and after a hearing held before the governing body by whom he or she was appointed, or in case of disqualification by moving out of the city, or by moving out of the area represented by him or her on the planning commission.  (Code 1991)

                                              ARTICLE 2. ZONING ORDINANCE

            18-201.  TITLE.  This article shall be known and may be cited as "The Hugoton, Kansas, Zoning Ordinance", and shall repeal and replace Sections 18-201 through 18-244 and Sections 8-101 through 8-311 of the Code of the City of Hugoton, Kansas, 1991.  (Code 1971, 17-201)

            18-202.  PURPOSE AND INTENT. The provisions of these regulations are adopted for the purposes and intent of providing for the health and welfare of the citizens of the Hugoton Zoning Jurisdiction through promotion of appropriate patterns and practices of urban development.  Within this general purpose, the zoning regulations are intended to:

(1)  Promote the health, safety, morals, and general welfare of the citizens.

(2)  Lessen or avoid congestion on the public streets or highways of the city.

(3)  Provide for adequate light and air and acceptable noise levels.

(4)  Encourage the most productive use of urban land resources through promotion of compatible land use patterns.

(5)  Prevent the overcrowding of land and undue concentrations of population.

(6)  Facilitate the adequate provision of transportation, water, sewage, schools, park, and other public requirements.

(7)  Protect property values and conserve energy resources.

(8)  Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes.

(9)  Regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other open spaces.

(10) Guard against loss of life and damage to property due to flooding through protection of natural drainage features.

(11) Preserve features of historical significance and the conservation of natural resources.

(12) Implement goals, policies, and proposals for the zoning jurisdiction. (Code 1971, 17-2021; Code 1980)

            18-203. AUTHORITY AND JURISDICTION.  The regulations set forth herein are adopted under authority of State statutes and in accordance with the adopted Land Use Plan for the City of Hugoton, Kansas.  These regulations shall apply to all structures and land within the incorporated area of the City of Hugoton, Kansas, plus such unincorporated area as may be added to the zoning jurisdiction by ordinance.  Whenever amendments to the text of these regulations or to the zoning district map are proposed which will affect property located outside the corporate boundary of the City of Hugoton, written notice of such proposed action shall be given to the Governing Body of Stevens County at least 20 days prior to the proposed action.  Except for feedlots and floodplain regulations in areas designated as a floodplain district, the regulations contained in this ordinance shall not apply to land and buildings under one ownership which are used exclusively for agricultural purposes, so long as such land and buildings are used for agricultural purposes and not otherwise.

            18-204. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.  Where uncertainty exists with respect to the boundaries of any  of the zoning districts, the following rules shall apply:

            (1) Where district boundaries on the zoning map are indicated as approximately      

following the centerline of streets, alleys, highways or railroads, such boundaries

            shall be deemed to be located at such midpoints.

(2) Where district boundaries are so indicated that they approximately follow lot lines

            or section lines, such lines shall be construed to be the boundaries.

            (3) Where the application of the above rules leaves a reasonable doubt as to the

            boundaries between two districts, the regulations of the more restrictive district

            shall govern the entire parcel in question unless otherwise determined by the board

            of zoning appeals

            18-205. DEFINITIONS.  Except where specifically defined herein, all words used in this  article shall carry their customary meanings.  Words used in the present tense include the future, and the plural includes the singular; the word “lot” includes the word “plot”, the word “building” includes the word “structure”; the word “shall” is intended to be mandatory; “occupied” or “used” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.”

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

(2)  Accessory Use.  A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.

(3)  Agriculture.  The use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feed lots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including single-wide manufactured homes.  The retail sale of items produced as part of the farming operation is permitted including the operation of commercial greenhouses and hydroponic farming.

(4)  Alley.  A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

(5)  Alley line.  The line of division between the public travelway comprising the alley and the private lot.

(6)  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 the height, or the moving from one location or position to another, shall be considered an alteration.

(7)  Alterations, Structural.  Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

(8)  Animal hospital or Clinic.  An establishment where animals are admitted principally for examination and treatment by a Doctor of Veterinary Medicine.

(9)  Apartment.  A room or suite of rooms in an apartment house or other building intended, designed, used, or suitable for use by one or more persons as a place of residence with  culinary accommodations.

(10) Apartment House.  A building or portion thereof intended, designed, used, or suitable for use as a residence for three (3) or more families living in separate apartments.

(11) Approved Public Sanitary Sewer System.  A sewage disposal plant, main sanitary sewer lines and other  lines approved by the Governing Body of the City of Hugoton, Kansas and the Kansas State Department of Health.

(12)  Approved Public Water System.   Water treatment plant and service lines approved by the Governing Body of the City of Hugoton, Kansas and the Kansas State Department of Health.

(13) Area, Building.  The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, decks, terraces and steps.

(14) Area, Net Site.  The total area within the property lines excluding external streets.

(15) Automobile Service Station.  A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, or major overhaul.

(16) Basement.  A story of a building having more than one-half (1/2) of its height below grade and which serves as substructure or foundation for the remainder of the building.

(17) Bed and Breakfast Inn.  A residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are provided for one or more persons, provided that when the inn is located in a residential district, the number of such sleeping rooms shall not exceed a maximum of six (6) sleeping rooms.    

(18) Block.  A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park greenstrips, open land, or waterways.

(19) Boarding Home for Children.  A residential facility where children not related to

      the family by blood, marriage, or adoption are cared for twenty-four (24) hours a

      day by  adult supervision which is licensed by the Kansas Department of Health and

           Environment.

(20) Boarding or Lodging House.  A building or place, other than a hotel, where by

       pre-arrangement and for compensation, lodging and meals for a definite period

       are provided for three (3) or more persons, but not exceeding twenty (20) persons,

       and  such accommodations are not furnished to transient or overnight customers. 

       Individual cooking facilities shall not be provided.

(21) Buildable Area.  That area of a parcel or lot within which a structure can be

       constructed without conflicting with any requirements established by these

       regulations.

(22) Building.  A structure having a roof supported by columns or walls intended,

            designed, used, or suitable for use for the support, enclosure, shelter, or

            protection of persons, animals, or property; and when separated by fire walls each

            portion of  such structure so separated shall be deemed a separate building.

(23) Building, Front Line of.  The line of that face of the building nearest the front line

 of the lot.  This face includes enclosed porches but does not include steps or

 decks.

     (24) Building Height.  The vertical distance measured from the average elevation of the

            finished lot grade to the highest point of a coping or a flat roof, or to the deck line

            of a mansard roof, or to the mean height between eaves and ridge of gable, hip,

            curved or gambrel roof.

(25) Building - Main.  A building in which is conducted the principal use of the lot or

       parcel upon which it is situated. Every dwelling in a residential district is a main

       building.

(26) Building Site.  The land area, consisting of one or more lots or parcels of land under a common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and  open spaces as are required by these regulations.

(27) Business and Professional Office.  The office of an architect, engineer, dentist,   

             doctor, attorney, real estate or insurance agent, or other similar professional

             person, and any office used primarily for accounting, correspondence, research,

             editing, or administration.

(28) Campgrounds.  Any parcel of ground which provides space for transient  occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles.  The term campgrounds does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.

(29) Canopy.  Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or  sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

(30) Car Wash.  An establishment having facilities designed or used exclusively for  washing or cleaning motor vehicles.

(31) Cellar.  A room having more than one-half (1/2) of its height below grade.  A    cellar shall not be considered in determining the permissible number of stories.

(32) Child Care.  The process of caring for unrelated minor children as a service with or without financial arrangements.  Child care shall include the terms “baby-siting” or “day care” but shall not include preschools.

(33) Child Care Center.   A day nursery providing care for four (4) or more children for

            part or all of a day or night away from the home of the parent or legal guardian;

            and including full day care, nursery schools, play groups, or head start centers

            giving  emphasis to special programming for children, kindergartens not operated

            by the public schools, and other establishments offering care to groups of

            children.  Such  centers shall meet all requirements of the Kansas Department of

            Health and Environment for licensing.

     (34) Clinic.  An establishment where patients who are normally not lodged overnight

            are admitted for examination and treatment.  This does not include animal

            hospitals or animal clinics.

(35) Club or Lodge - Private.  A nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations.

(36) Common Open Space.  An area of land or water or combination thereof planned

           for passive or active recreation, but does not include areas utilized for streets,

           alleys, driveways, or private roads, off-street parking or loading areas.  However,

           the area of recreational activities, such as swimming pools, tennis courts,

           shuffleboard  courts, etc., may be included as common open space.

(37) Comprehensive Plan.  The duly adopted comprehensive plan for the development

      of  the City of Hugoton, Kansas.

(38) Condominium.  A multiple-family dwelling structure wherein the separate dwelling

           units are individually owned as opposed to rental units in an apartment or units

           with lots in a townhouse.

(39) Court-Inner.  A court enclosed on all sides by exterior walls of a building or by

           exterior walls and lot lines on which walls are allowable.

     (40) Court-Outer.  A court extending to a street line or opening upon any front, side or

           rear yard.

(41) Coverage.  That percentage of the plot or lot area covered by the building area.

(42) Curb Level.  The officially established grade of the curb in front of the midpoint of

             the lot.

(43) Density.  Restrictions on the number of dwelling units that may be constructed per

             acre or per square foot of a zoning lot area.

(44) Developer.  The legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof.  The holder of an option or contract or purchase, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

(45) District.  A section or sections of the city specifically declared within which the regulations governing the use of buildings and premises are uniform.

(46) Dog Kennel.  The keeping of more than five dogs that are more than six months old.

(47) Drive-In Service.  A type of retail sales establishment which encourages, recognizes,  or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.

(48) Dump.  A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded  machinery, vehicles or parts thereof, or waste material of any kind.

(49) Dwelling.  Any building or portion thereof which is designed and used primarily for residential purposes for one or more families.

     (50) Dwelling, Attached.  A residential building which is joined to another dwelling at

       one or more sides by a party wall or walls.

(51) Dwelling, Detached.  A residential building which is entirely surrounded by open

       space on the same lot.

(52) Dwelling, Group.  A group of two or more one-family, two-family or multiple

 dwellings occupying a lot in one ownership and having one yard in common.

(53) Dwelling, Multiple-Family.  A building or portion thereof designed with   

           accommodations for or occupied by three (3) or more families living independently

           of each other who may or may not have joint services or facilities or both.  The

           term includes dormitories and lodging and rooming houses but does not include

           hotels, motels, and tourist courts

(54) Dwelling, Row.  A building consisting of a series of noncommunicating one-family

sections having a common wall between each two adjacent sections.

(55) Dwelling, Seasonal.  A residence intended for occasional occupancy.

(56) Dwelling, Single-Family.  A detached building or portion thereof designed for or

           occupied exclusively by one (1) family.

(57) Dwelling, Two-Family.  A detached building or portion thereof designed for or  

           occupied by two (2) families.

(58) Family.  Either (a) an individual or two (2) or more persons related by blood,

           marriage, or adoption living together as a single housekeeping unit in a dwelling

           unit; or (b) a group of not more than four (4) persons who need not be related by

           blood, marriage, or adoption living together as a single housekeeping unit in a

           dwelling unit; plus in either case; domestic servants.  A family may include any

           number of gratuitous guests or minor children not related by blood, marriage, or

           adoption.

     (59) Fence.  A free-standing structure of metal, masonry, glass, or wood or any 

           combination thereof resting on or partially buried in the ground and rising above

           ground level and used for confinement, screening, or partition purposes.

     (60) Floodplain.  Land area subject to inundation from surplus storm water as defined

      by the Housing and Urban Development (HUD) flood insurance study and as

     depicted on the flood insurance rate map.

(61) Foster Home.  A residence or building in which more than twelve (12) hour care is

           provided to no more than five (5) children, two or more of which are unrelated to

           the foster parents.  Foster homes shall be permitted in all residential structures, the

           same as would a family.

(62) Fraternal and/or Service Clubs.  An association formally organized for either

           fraternal, social, educational, philanthropic, or other similar purposes, including

           union and professional organizations, and operated not for profit for persons who

           are bona fide members paying annual dues, which owns, hires, or leases premises,

           the use of which premises is restricted to such members and their guests.  The

           affairs and management of such association are conducted by a board of directors,

           executive  committee, or similar body chosen by the members.

(63) Frontage.  The length of the property abutting on one side of a street measured

      along the dividing line between the property and the street right-of-way.

(64) Garage, Private.  Any accessory building designed or used only for the housing

      and storage of automobiles which are the property of, or provided for the

      exclusive use of, the occupants of the lot or premises upon which such building is

      located and having no provisions for the commercial repair or equipping of such

      vehicles.

(65) Garage, Public.  Any building, portion of a building, or premises designed,

      operated, or used for commercial purposes in the storage, sale, hiring, care, or

      repair of motor  vehicles.

(66) Garage, Storage.  A building or portion thereof, designed or used exclusively for

           housing four (4) or more motor-driven vehicles.

(67) Gasoline 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, self-service pumps without buildings shall also be included.  Such service

           shall not include tire recapping, body repairs, or major overhaul.

(68) Grade, Established.  The elevation of the centerline of the streets as officially

           established by city or county authorities.

(69) Grade, Finished.  The completed surfaces of lawns, walks and roads brought to

           grade as shown on official plans or designs relating thereto.

(70) Group homes.  Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this State.

(71) Home Occupations.  Any lawful activity conducted within a dwelling or accessory

           buildings by members of the immediate family, which use is clearly incidental and

           secondary to the use of the property for dwelling purposes and does not change its

           character.  Home occupations must be conducted in such manner as not to give an

           outward appearance nor manifest any characteristic of a business in the ordinary

            meaning of the term, nor infringe upon the right of neighboring residents to enjoy

            the peaceful occupancy of their homes.

(72) Hospital.  An establishment used primarily for inpatient care and to provide health,

           medical, mental, and surgical care of the sick or injured, excluding animal hospitals.

           The term “hospital”  shall be deemed to include sanitarium, preventorium, clinic,

           rest home, nursing home, convalescent home, or home for the aged.

(73) Hotel.  A commercial building used as a temporary abiding place for persons who

           are being lodged for compensation with or without meals.

(74) Junkyard.  A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

(75) Kennel.  Any  place, area, building, structure, or enclosure where more than five

           domesticated animals, commonly considered to be household pets, more than six

           months old, are boarded, cared for, housed, fed, trained, or bred.  This definition

           includes both private and commercially operated facilities.

(76) Laboratory, Medical.  An establishment which provides bacteriological, biological,

           medical, X-ray, pathological, and other similar analytical or diagnostic services.

(77) Laundry (Self-Service).  An establishment equipped with individual coin-operated

           washing, drying, or dry cleaning machines.

(78) Laundry.  An establishment where commercial laundry and dry cleaning work is

           undertaken.

(79) Lodging house.  A residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, or for three (3) or more persons in contra-distinction to hotels open to transients.

(80) Lot.  A parcel of land shown as a unit on a recorded subdivision plat.

(81) Lot Area.  The total horizontal area within the lot lines of a lot.

(82) Lot, Corner or External.  A lot abutting upon two (2) or more streets at their   intersection and shall be deemed to front on that street on which the lot has its least dimension.

(83) Lot Coverage.  The total area of building expressed as a percentage of the total lot, plot, or tract.  (Includes both principal and accessory buildings).

(84) Lot, Depth Of.  A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.

(85) Lot, Double Frontage.  An interior lot having a frontage on two (2) streets.

(86) Lot, Interior.  Any lot which does not constitute a corner lot.

(87) Lot Line, Front.  A boundary line of a lot which coincides with a street boundary line.  The word “street” as used in this definition shall not include alley.  On a corner lot, the front lot line shall be along the street on which the lot has its least dimension.

(88) Lot Line, Rear.  A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.  The rear lot line shall be considered opposite the front lot line.

(89) Lot Line, Side.  A boundary line of a lot which does not coincide with a street boundary line (except on corner lots).  The word “street” as used in this definition does not include alley.  Any lot line, not a rear line or a front line, shall be considered a side line.

(90) 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.

(91) Lot, Reversed Corner.  A corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.

(92) Lot, Through.  An interior lot having frontage on two parallel or approximately parallel streets.

(93) Lot, Width.  The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.  Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.

(94) Lot Zoning.  A parcel or tract of land used, developed, or built upon as a unit under single ownership or control.  Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

(95) Manufactured Home.  A factory-built structure or structures (1976 or newer) equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land.  The transportation system is designed so that the manufactured home may be moved from time to time.  The term shall include two (2) or more separately towed units which, when bolted or otherwise fastened together, form a complete living unit.  Such homes are built on a chassis consisting of a draw bar and coupling mechanism, frame (e.g., steel I-beams), running gear assembly, and lights.  Removal of any or all of these component parts does not change the definition.  All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to standards of the State of Kansas, shall be anchored to the ground.

     (96) Manufactured Home, Dependent.  A manufactured home which does not have a

           flush toilet and bath or shower.

(97) Manufactured Home, Independent.  A manufactured home which has a flush toilet

           and a bath or shower.

(98) Manufactured Home Park.  Any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by ten (10) or more occupied manufactured homes.  Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually.

(99) Manufactured Home, Residential Design.  A manufactured home (1976 or newer) on permanent foundation which has (a) minimum dimensions of twenty-two (22) feet in width, (b) a pitched roof, and ( c ) siding and roofing materials which are customarily used on site-built homes.

(100) Manufactured Home Space.  A plot of ground within a manufactured home park which is designed for and designated as the location for only one manufactured home and not used for any other purposes whatsoever other than the customary accessory uses thereof.

(101) 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, psychiatrists, and podiatrists; and in which no patients are lodged overnight.

(102) Modular Home.  A dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, fabricated units, or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent foundation; as opposed to a dwelling structure which is custom built on the site of  its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.

(103) Motel.  A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.

(104) Motor Vehicle Repair Shop.  A building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.

(105) Nonconforming Lot of Record.  A platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

(106) Nonconforming Use.  A lawfully existing structure or use of land  at the time these regulations or any amendments thereto became effective which does not conform to the requirements for any permitted use in the district in which it is located.

(107) Nursing Homes or Convalescent Homes.  An institution or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics.

(108) Parcel.  All contiguous lands (including lots and parts of lots) held in one (1) ownership.

(109) Parking Area, Public or Customer.  An area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.

(110) Parking Space.  An off-street,  surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile and having direct access to a street or alley.

(111) Permanent foundation.  A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

(112) Person.  Any natural individual, firm, trust, partnership, association, or corporation.

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

(114) Plat.  A layout of a subdivision indicating the location and  boundaries of individual properties.

(115) Platting.  Whenever the terms platting, platted, or subdivided are used in the zoning ordinance, it shall refer to the process established by the duly adopted subdivision regulations of the City of Hugoton.

(116) Preschool.  A public or privately owned facility with defined curriculum which offers preparatory education for minor children aged five (5) years and younger.  The term does not include kindergarten.

(117) Premises.  A parcel together with all buildings and structures thereon.

(118) Principal Structure.  The main use of land or structures as distinguished from a subordinate or accessory use.

(119) Private Club.  An association, other than fraternal or service club, organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests.  Food, meals, and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available.  Alcoholic beverages may be sold or served to members and their guests provided that such sale or service is in compliance with all applicable federal, State, county, and local laws.

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

(121) Public Utility.  Any business which furnishes the general public telephone service, electricity, cable television, 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.

(122) Recreational Vehicle Park.  See “Campgrounds”.

(123) Recycling Facility.  Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to scrap metals, paper, rags, tires, bottles and other such materials.

(124) Residential Hotel.  A dwelling occupied by permanent guests only and not by transients.  It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.

(125) Restaurant.  A public eating establishment, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants, and soda fountains, but not drive-in establishment, unless specified.

(126) Restaurant, Drive-In.  An eating establishment where, for compensation, food is prepared and dispensed having only incidental consumption within the principal building on the premises.

(127) Riding Academy.  Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

(128) Rooming House.  A building or portion thereof other than a hotel, where lodging three (3) or more persons is provided for compensation.

(129) Salvage Yard.  See “Junkyard”.

(130) Sanitarium, Sanatorium.  A private hospital, whether or not such facility is operated for profit.

(131) Sanitary Landfill.  A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with the requirements of the Kansas Department of Health and Environment.

(132) School.  A public elementary or secondary educational facility which is under direction and control of the  State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

(133) Service Station.  An establishment consisting 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.

(134) Setback.  The distance between the lot line and building line.  The setback line for yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building.

(135) Sign.  Any words, numerals, figures, devices, designs, or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and which are visible from any public street or air but not including any flag, badge or insignia of any government  or governmental agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.

(136) Site.  See “Parcel”.

(137) Site Triangle.