Construction of any residential structure must comply with:

(a)   The proposal and plans provided to and approved by the Governing Body with the permit application;

(b)   All additional requirements and contingencies that are included in or with the permit issued by the Governing Body;

(c)   The provisions of this ordinance; and

(d)   All applicable building, health and safety codes which have been adopted by the City, Reno County or the State of Kansas at the time of the construction permit application. If any regulation, code or requirement conflicts with another, the most restrictive requirement shall apply.

(Ord. 2024-31)

No person within the City shall occupy or reside in a temporary structure. A temporary structure is any structure other than a dwelling constructed in accordance with the City’s ordinances and regulations and that is not permanently attached to the lot. Dwellings shall comply with all of the following requirements in order to be deemed inhabitable structures:

(a)   Motor vehicles, including but not limited to, buses, motorhomes, campers trailers or tents shall not be used as a dwelling.

(b)   No person may reside within a secondary or accessory structure, whether temporarily or permanently, nor in garages or any structure that does not otherwise meet the definition of a dwelling and the requirements in this ordinance for a residential structure. A secondary structure shall always be considered a utility structure and will be deemed uninhabitable.

(c)   Structures built prior to 1978, many of which having used hazardous materials and that require significant reconstruction following storm damage or partial demolition must be inspected by a Kansas Department of Health and Environment certified inspector and hazardous material removal and abatement done by a state certified professional. Where the remodeling involves demolition and reconstruction, an inspection and certificate of occupancy must be completed to be deemed inhabitable and not be presenting a hazard to the occupants or the community.

(d)   Dwellings shall encompass no less than 1,500 square feet of above ground, habitable living area as a single level or encompass at least 2,000 square feet of above ground, habitable living area for two levels. These requirements are exclusive of the area encompassed by any type of basement or other area that is not above ground, any garage, porch, deck or any secondary structure or accessary structure. Homes having more than two above ground levels are prohibited. Berm homes or underground homes are prohibited.

(e)   To be deemed inhabitable, all dwellings must be connected to and served by public water, electric and sewer systems. Privately owned water wells may be used for the sole purpose of lawn irrigation or geothermal cooling and heating. Waste water septic tanks that are not an integral part of the public sewer system are prohibited.

(f)    All dwelling structures must be permanently affixed to a poured concrete foundation, whether a slab or a basement type, in accordance with the City’s Ordinances and regulations.

(g)   Each single-family dwelling unit of a duplex structure must satisfy all the requirements of this section to be deemed an inhabitable structure.

(h)   Manufactured housing means a dwelling structure, transportable in one or more sections that are built in an off-site location and having not been inhabited at another location are prohibited.

(i)    Dwelling structures that were built and inhabited at another location and purchased for transportation in one or more sections to a location within the City are prohibited.

(Ord. 2024-31)