The provisions of this ordinance establish minimum standards to preserve and protect community safety, health, convenience, propriety and general welfare. It is not intended that this ordinance interfere with, abrogate, or annul any other ordinance, rule, regulation or permit previously adopted or issued that is noting conflict with any of the provisions of this ordinance, or those ordinances which shall be adopted or issued.

Nor is this ordinance intended to interfere with, abrogate or annul any current easements or other agreements between private parties that are not in conflict with the provisions of this ordinance. This ordinance does not amend or rescind the provisions of any currently valid declaration setting forth restrictions on the use of any particular lot or parcel within the City which is filed of record in the Reno County Register of Deeds Office.

(Ord. 2024-31)

In the interpretation and enforcement of this ordinance:

(a)   All words other than those specifically defined in this ordinance have the customary dictionary definition unless a different meaning is clearly provided for or implied by the context in which they are used.

(b)   Terms that are defined in this ordinance may be used either in capitalized or lowercase form, with both uses retaining the definitions that are provided for those terms herein.

(c)   The words “shall”, “will”, and “must” are mandatory and the word “may” is permissive.

(Ord. 2024-31)

Unless otherwise defined in this ordinance, the following words and phrases used herein shall have the meanings set forth below.

Above Ground means the condition of any referenced part of a subject structure is above grade level and not buried, surrounded or sheltered by earth to any degree. A walkout basement shall not be considered as above ground.

AZC means Architectural and Zoning Coordinator.

Basement means a level of a dwelling, constructed below and subordinate to the main living level and primarily below ground level or earth sheltered, including walkout, view out and daylight basement styles.

Berm Home means an earth-sheltered dwelling where the main living level exists below grade level and is primarily surrounded by earth on one or more sides.

Certificate of Occupancy means a certificate issued by an ICC certified inspector to assure if health and safety regulations have been met following a reconstruction of a structure built prior to 1978.

City means the City of The Highlands, Kansas, a city of the third class and all properties, as incorporated on July 18th, 2017.

City Limits means the established corporate boundary of the City of The Highlands, Kansas.

Commercial means an activity embracing any form of the purchase or sale of goods or providing services for a fee as an ongoing means of generating income.

Construction means the building of, modification of, or placement of a structure on a lot. In the case of an undeveloped lot it shall mean any modifications of the lot or movement of ground.

Contiguous means lots that are touching, adjacent, sharing a common side property line and abutting the same roadway. A corner lot may be contiguous to either a lot sharing a side property line or a rear property line or both.

County means Reno County, Kansas.

Deck means a level or tiered outdoor structure attached to or adjacent to a dwelling, elevated above ground and may be either open, covered or enclosed.

Duplex means two dwelling units, inseparably joined without open space between the two units and each dwelling being designed and purposed to be occupied by a single family.

Dwelling means any building or portion thereof, which is designed and used specifically for residential purpose. Dwelling shall be synonymous with the terms “residential structure” and “primary structure”.

Dwelling, Multi-Family means two separate, single family dwellings that are designed and constructed to be adjoined as a single structure.

Dwelling, Single Family shall mean a building having accommodations for or occupied exclusively by one family.

Family means:

(a)   One adult person living alone; or

(b)   Two or more persons living together, related by blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship; or

(c)   A group of not more than four unrelated persons living together as a single housekeeping unit in a dwelling.

Foundation means the poured concrete support for a structure. For a dwelling, the concrete foundation must encompass the entire area directly beneath the dwelling to have a fully stable and dry support for the dwelling. A basement having at least four poured concrete walls and floor for support, or at least three poured concrete walls and floor for a walkout style basement, shall constitute a foundation. Depending on size and location, secondary and utility structures may also be required by City Ordinance or at the request and discretion of the Governing Body to have a foundation.

Garage means an integral part of a dwelling structure that is used primarily to protect or store privately operated vehicles and not used for commercial repair, equipping of any vehicles or other commercial uses nor be used as living quarters. The garage must be a double car garage and permanently constructed, attached to a concrete foundation and be fully enclosed and secured to protect all contents from theft. A secondary structure may be considered as an additional garage but shall not be a substitute for a garage attached to the dwelling.

Governing Body means the Mayor and City Council of the City of The Highlands. The term shall, in general, refer to City Council members who are granted by Kansas State Statute, Chapter 15, Cities of the Third Class, the right to vote for ordinances or other legally binding documents and governing provisions for the City.

Grade means the lowest elevation of the surface of the ground between a structure and a line five foot from the foundation of the structure.

Industrial means a process or business of fabrication, manufacturing, construction or shipping done for income.

Lot means a portion of a subdivision intended as a unit for the purpose, whether immediate or future, or transfer of ownership or building development. The area is bounded by a front, rear and two or more side lot lines.

Lot, Consolidated means a single lot formed from multiple and contiguous lots, all owned by one owner and having been re-platted into one single lot by a process of surveying, platting and recording a new plat map with the Reno County Register of Deeds or using a Warranty Deed to permanently join the said lots for perpetuity as a single unit which cannot be separated and sold individually and recording with the Reno County Register of Deeds.

Lot, Improved means a lot, defined by the platted property lines as recorded in the Reno County Register of Deeds Office and that has a residential structure, or as permitted by this ordinance, a secondary structure constructed upon it.

Lot, Unimproved means a lot defined by the platted property lines as recorded in the Reno County Register of Deeds Office that does not have a structure upon it. Land that is mowed, cleared of brush or leveled to any degree shall still be considered unimproved until a structure has been properly permitted and constructed on the lot.

Lot Line means a line or lines defining the outer boundaries of a lot as recorded in the Reno County Register of Deeds Office.

Low Density Residential means a zoning classification for wherein only one dwelling per lot or parcel is permitted.

Main Living Level means the first level of a dwelling that is constructed fully above ground on all sides of that level and above any basement. It would commonly be considered as the primary level for the dwelling’s front entrance, living room, greeting room and kitchen.

Manufactured Housing means dwelling structures, transportable in one or more sections that are newly built in an off-site location and having not been inhabited in another location.

Mobile Structure means any structure or container with wheels or that is otherwise brought into the City by driving, towing, pulling or hauling.

Out-of-Character means a structure or feature that in itself may be pleasing in appearance or nature but placed in comparison with neighboring homes or properties of the community at large becomes odd, uncommon, abnormal, unorthodox, unseemly, unnatural, disruptive or unpleasant to the community taste and standards.

Parcel means, for the purpose of this ordinance, multiple lots that are contiguous, owned by the same owner and have been joined or consolidated together per the provisions of this ordinance, being duly recorded as such with the Reno County Register of Deeds.

Permit means the written grant required by the city, county or state to authorize an activity or condition on any property within the City.

Porch means an exterior appendage to a dwelling that provides an intermediate approach to the dwelling entrance. A porch may be an open or covered approach.

Property Line means any of the lot lines that define the limited area of ownership of platted land as recorded by the Reno County, Kansas Register of Deeds.

Property Line, Front means the platted property boundary line of a lot that abuts any public road. For a comer lot, with two boundary lines, each abutting a public road, the shorter of the two shall be considered the front except that the designated street address given in the public records of Reno County may determine the front property line.

Property Line, Rear means the platted property boundary line of a lot that is opposite and farthest from the front property line.

Property Line, Side means the platted property line or lines joining the ends of the front property line and the rear property line to complete the boundary of a lot or parcel.

Property Owner means one or more natural individuals, companies, firms, trusts, corporations, partnerships, associations, or other for-profit or non-profit entities, in possession of lawful title to a property, building or structure in question.

Proposal means the plans provided with a building permit application to construct a new structure or modify as existing structure. A proposal shall include sketches, architectural plans, material lists, timelines and all details of the desired change or construction that might be necessary for the AZC to review the proposed construction and the Governing Body’s review and consideration of the same.

Roof, Shed means a style of roof that is flat and may have a slight angle for water run-off.

Setback means the distance between a Lot Line and the closest physical feature of any structure on that property. Setbacks will be held to the most restrictive requirements of this ordinance or the recorded plat map of the lot’s subdivision.

Sight Line means any line of unobstructed view above a triangular area at a road intersection or curve. The triangle area is formed by lines joining three points:

(a)   For a corner lot, the 1st point is the intersection of the lot lines abutting the roadways. The 2nd and 3rd points are located along the same lot lines and each at 25 feet from the 1st point.

(b)   For a curved roadway the 1^st and 2nd points are the end points of the front property line. The 3^rd point is a point farthest from the front property line and located along the edge of the roadway paving. However, the maximum area of clear sight requirement shall be no more than 30 feet between point 3 and the line between points 1 and 2.

Single-Family means one family, as defined herein.

Structure means any man-made building or formation that is not naturally occurring.

Structure, Accessory means a utility structure incidental to and subordinate to the dwelling, intended only for small item storage such as lawn mowers, lawn accessories or similarly small items and encompassing an area of no more than 240 square feet.

Structure, Enclosed means an accessory or secondary structure, fully enclosed, built for storing items that are not otherwise prohibited and that can be locked and secured to prevent the theft of items secured therein.

Structure, Primary means the first structure to be built upon a lot and designed and intended for use as a residential structure only. The term shall be synonymous to the term “dwelling”.

Structure, Residential means a single building containing one or two single family dwellings designed for continuous use and occupancy. The term shall be synonymous with the term “dwelling”.

Structure, Secondary means a storage building other than a residential unit.

Underground Home means a dwelling having a single or main living level which is primarily or completely constructed below ground level.

Variance means a special permit requested from the Board of Zoning Appeals exempting a requirement or provision of this ordinance to alleviate a significant hardship as provided for by K.S.A. 12-759(e) and City Ordinance Number 2019-09.

(Ord. 2024-31)

Every section, provision, or part of this ordinance is declared separable from every other section, provision or part. If any section, provision or part thereof shall be held invalid, it shall not affect any other section, provision or part.

(Ord. 2024-31)