ORDINANCE NO. G-452
AN ORDINANCE RELATED TO ZONING REGULATIONS OF THE CITY OF HARPER, KANSAS, AND ACCESSORY DWELLING UNITS AMENDING SECTION 50-5 DEFINITIONS, SECTION 50-381(A) USE REGULATIONS (R-1 SINGLE-FAMILY DWELLING DISTRICT), SECTION 50-409(A) USE REGULATIONS (R-2 TWO-FAMILY DWELLING DISTRICT), AND SECTION 50-913 ADDITIONAL HEIGHT, AREA AND USE REGULATIONS OF THE CITY CODE OF THE CITY OF HARPER, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HARPER, KANSAS:
SECTION 1. That Harper City Code Section 50-5 is hereby amended as follows:
Adding the following definition:
Accessory Dwelling Unit (ADU) – An ADU is a dwelling unit that is accessory to a principal single-family dwelling unit on the same lot. ADU’s shall be constructed or modified to ensure they do not change the residential character of the principal use or surrounding area. ADU’s are structures or parts of a structure that provide complete independent living facilities for one or more people, including kitchen, living room, bathroom and bedroom that is:
a. Attached to the principal dwelling, or
b. A detached building on the same lot, or
c. Within the existing primary structure (internally, i.e. finished basement, single floor).
SECTION 2. That Harper City Code Section 50-381(a) be amended as follows:
Subsection (a) amended to include:
(12) Accessory Dwelling Unit
SECTION 3. That Harper City Code Section 50-409(a) be amended as follows:
(16) Accessory Dwelling Unit
SECTION 4. That Harper City Code Section 50-913 be amended to include:
(23) Accessory Dwelling Unit
a. Specific requirements: Each Accessory Dwelling Unit (ADU) shall meet all of the following requirements.
1. All ADU’s require the owner of the primary dwelling be a permanent resident of the parcel in which it was constructed (Owner-occupied).
2. An ADU may be constructed as a new structure, created by renovating and/or adding to an existing accessory structure located on the same lot, created by constructing an additional home, an entire floor, an attic or basement.
3. No ADU shall exceed the size of the primary dwelling and shall follow lot coverage requirements of the Residential Zoning District where permitted.
4. Recreational vehicles do not constitute an ADU.
5. ADU’s shall have a permanent foundation and any wheels or tires removed.
6. Only one ADU is allowed per lot, regardless of size.
7. Setbacks shall adhere to those required of any other accessory structure within the Residential Zoning District in which they are located when constructed as an accessory structure.
8. The ADU shall provide a minimum of one off-street parking space, with access to a public street system.
9. ADU’s used as short-term rentals shall be allowed through the special use process and shall be renewable every two years with no additional fees.
SECTION 5. That Sections 50-5, 50-381(a), 50-409(a) and 50-913 of the City Code of the City of Harper, Kansas is hereby amended.
SECTION 6. This ordinance shall take effect and be in full force from and after its passage and publication in the official city newspaper.
Passed by the city council this 26th day of May, 2026.
Approved by the mayor on this 26th day of May, 2026.
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Kenneth Leu, Mayor
ATTEST
(SEAL)
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Tiffany M. Cooperrider, City Clerk
/s/ Phillip W. Unruh, City Attorney
