All lots and parcels within the City’s city limits are hereby zoned as Low Density Residential. This ordinance and its provisions shall serve as the City’s comprehensive plan for development but shall not prevent additional ordinances, which may be construed as “city planning”, from being enacted by the City’s Governing Body.

(a)   The Governing Body, upon request by a property owner, may approve a permit for the construction of a duplex providing the construction of both units comply with this ordinance and other applicable ordinances and regulations of the City. All information required for consideration of a requested permit should be provided to the Governing Body for consideration of the permit.

(b)   Commercial and industrial facilities shall be prohibited within the City.

(c)   Buildings or uses of property owned by the City and used primarily for the City’s governmental purposes as determined by the City’s Governing Body, are exempt from this ordinance.

(d)   No lot may be split, divided or subdivided except by permit of the Governing Body. Multiple and contiguous lots, all owned by the same owner(s), may be consolidated following the Governing Body’s approval and having been granted all duly authorized Permits and registrations required by the regulating laws of Reno County.

(e)   The Board of Zoning Appeals, upon request by a property owner, shall review zoning provisions when a permit has been denied or a zoning violation has been cited and determine if an exception, or variance, should be issued in accordance with K.S.A. 12-759(e).

(f)    Where the conditions imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable conditions or circumstances imposed by any other laws, covenants, ordinances, statutes, or regulations of any kind, those regulations which are more restrictive or impose higher standards, or requirements shall govern.

(Ord. 2024-31)

Construction is prohibited without a permit issued by the Governing Body. Construction within the City without a permit or contrary to or inconsistent with an approved permit shall be a violation of this ordinance and subject to penalties and fees provided under this ordinance.

(a)   A permit will be valid for a period of time specified therein but in no event shall a permit be valid for more than twelve (12) consecutive months. Dwelling structures must be deemed inhabitable and be inhabited within the time frame of the permit. If such conditions are not met, the dwelling shall be considered non-compliant and in violation of the provisions of this ordinance. All allowed penalties provided for within this ordinance will apply.

(b)   A completed permit application shall be filed with the AZC prior to consideration thereof by the Governing Body.

(c)   Any permits or subsequent inspections, required by the rules or regulations of Reno County and the State of Kansas, must be requested and granted each through their own process. The issuance of a permit by the Governing Body shall not be construed as a permit or act on behalf of any other federal, state or county regulating body.

(d)   Upon approval of a permit by the Governing Body, all construction must comply with the City’s ordinances and regulations in effect as of the date of the issuance of the permit by the City.

(e)   Construction pursuant to a permit must begin within 180 days of the Governing Body’s approval of the permit.

(1)   Visual progress should at a minimum, include pouring a foundation or basement walls and the erection of main level walls per the structure’s architectural plan.

(2)   In the absence of such visual progress within 180 days of the Governing Body’s approval of the permit, the permit will lapse and the applicant must apply for and receive a new permit from the Governing Body prior to continuing construction.

(3)   Any construction activity that occurs after the permit lapses but prior to receiving a new permit from the Governing Body, will be deemed construction without a permit and the Governing Body may impose appropriate penalties under this ordinance.

(f)    After a permit has been granted, all changes to the proposal and plans used in applying for that permit shall require approval of the Governing Body prior to incorporating those changes. If construction begins or is underway prior to Council approval of such changes, the Governing Body may revoke the permit and any construction will be deemed construction without a permit. The Governing Body may impose appropriate penalties under the provisions of this ordinance.

(g)   The Governing Body shall assess a fee for a construction permit and if a permit has lapsed or been revoked, a new and additional fee may be assessed prior to granting a permit for continuation of the construction. The fee amount for any permit shall be set by and may be modified from time to time by resolution of the Governing Body.

(Ord. 2024-31)

Structures shall not infringe upon setbacks which are no less than 40 feet from the Front Property Line, 30 feet from the Rear Property Line and 20 feet from the Side Property Lines, as platted and recorded with the Reno County Register of Deeds office. Where the recorded plat map shows a setback different from this ordinance, the plat map shall apply. Where an easement is shown on the recorded plat map, that easement shall apply regardless of any provision in this ordinance.

(a)   Hedges, shrubs or other plantings or any structures, including fencing, which obstructs Sight Lines at elevations between two and six feet above the crown of the roadway are prohibited on any comer lot.

(b)   Construction subject to setbacks shall include but not be limited to dwellings, secondary buildings, pools, patios, berm walls extending from a structure, terrace walls, or privacy walls. Fencing, of types that are allowed by ordinance, may also be included and, at the discretion of the Governing Body, be in violation of these provisions based on type, location and consideration of the health, safety and welfare of neighboring dwellings.

(c)   The city council may require the location of boundary markers be substantiated or a property survey be conducted.

(Ord. 2024-31)