Zoning, building permits and septic rules in Troy, Kansas

Troy’s own rules

• Building permitRequired

  Construction, placement, alteration or conversion of buildings inside Troy city limits

  • Structures installed for routine residential landscaping (flag poles, flower boxes, ornamental ponds, driveways, sidewalks, and similar) do not need a building permit.
  • Above-ground pools need no permit unless a deck is attached to the ground and around the pool.
  • Permit is issued by the council on application with a plot plan drawn to scale.

  threshold floor area requiring building permit: > 100 square feet (fixed or movable buildings)

  “804.1.1 no building with over 100 square feet of floor space, whether fixed or movable; or additions to buildings or farm structures, may be constructed, placed, altered, repaired or converted”

• Certificate of occupancyRequired

  New or altered buildings and changes in use of land or existing buildings inside Troy city limits

  • Certificate is applied for with the zoning permit and issued within 10 days after the work is completed.
  • Farm structures are excepted from the certificate requirement for changes in use.
  • A temporary certificate may be issued pending the regular one (section 804.2.2).

  “a certificate of occupancy for a new building or the structural alteration of an existing building shall be applied for coincident with the application for a zoning permit, and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been accomplished”

• Local zoningPresent (with conditions)

  Land inside Troy city limits (City of Troy, Doniphan County, Kansas); the city administers its own zoning regulation.

  • The regulation calls itself the City of Troy Zoning Regulation and includes zoning district maps; the city council administers it.
  • Effective or adoption date of the regulation not stated on the posted page; see followups.

  “these regulations including the zoning district maps made a part hereof constitute and may be referred to as”

• Zoning districtsPublished (with conditions)

  Land inside Troy city limits

  • District regulations are posted in the zoning ordinance text; the official zoning district map is referenced as kept on file with the city clerk per the regulation's opening section.
  • Districts found in the text include R-1 single family, R-2 two family, R-3 multiple family, R-O outer residential, R-P planned residential, B-1 to B-4 business, I-1 to I-3 industrial, and an agricultural district.

  “r-1 single family residential district 311 r-1 districts - uses permitted”

• Minimum lot sizeSpecified

  Single-family dwelling lots in the R-1 single family residential district inside Troy city limits

  • Lot area per single family dwelling; the posted table lists 7,500 square feet for R-1, R-2 and R-3.
  • Table footnote (1) is attached to the R-O figure, not R-1; footnote text not reviewed.

  minimum lot area per single family dwelling (R-1): >= 7500 square feet

  “minimum lot area (square feet) per single family dwelling 7,500 7,500 7,500 3 acres (1)”

  2 more reviewed findings on this topic

  • Specified — Single-family dwelling lots in the R-O outer residential district (rural residential with limited animal husbandry) inside Troy city limits

    “minimum lot area (square feet) per single family dwelling 7,500 7,500 7,500 3 acres (1)”

  • Specified — Lots in subdivisions approved under the subdivision exception section of the Troy zoning regulation, inside Troy city limits

    “1.3 for homes more than 1200 sq. feet, lot size minimum 7500 sq. feet with 50 feet minimum lot width.”

• SetbacksSpecified

  Principal buildings in the R-1 single family residential district inside Troy city limits

  • Minimum front yard for principal buildings is 20 ft in R-1 (the table lists 20 for R-1, R-2 and R-3).
  • Side yard row is garbled in the posted table (reads 5' or 5' or 5'); rear yard row is cut off; both are in followups.

  minimum front yard, principal building (R-1): >= 20 feet

  “minimum front yard (feet) principal buildings 20 20 20 75”

  One more reviewed finding on this topic

  • Specified — Principal buildings in the R-O outer residential district inside Troy city limits

    “minimum front yard (feet) principal buildings 20 20 20 75”

• Building heightSpecified

  Buildings in the R-1 single family residential district inside Troy city limits

  • Principal building height 35 ft and accessory building height 15 ft in R-1 per the table columns.

  maximum height, principal building (R-1): <= 35 feet · maximum height, accessory building (R-1): <= 15 feet

  “maximum height of buildings (feet) principal buildings 35 35 45 35 accessory buildings 15 15 15 -”

• Living in an RVLimited

  Camping trailers and similar housing used as permanent living quarters on lots in subdivisions approved under the subdivision exception section, inside Troy city limits

  • Applies only to lots in the subdivision area governed by that section; the posted text does not say which district that is.
  • Temporary placement exceeding 30 days is restricted; the text does not address placement shorter than 30 days.

  maximum temporary placement: <= 30 days (applies to camping trailers and similar housing used for permanent living quarters)

  “4.1 no mobile home, camping trailer or other similar type housing used for permanent living quarters may be placed on any lot in the subdivision on a temporary basis exceeding 30 days.”

• Camping on your landLimited

  Temporary camping trailers and similar housing on lots in subdivisions approved under the subdivision exception section, inside Troy city limits

  • Applies only to the subdivision area governed by that section.
  • Placement for more than 30 days as permanent living quarters is prohibited there; no general temporary camping rule was located.

  maximum temporary placement: <= 30 days

  “4.1 no mobile home, camping trailer or other similar type housing used for permanent living quarters may be placed on any lot in the subdivision on a temporary basis exceeding 30 days.”

• Manufactured homesLimited

  Manufactured homes (not trailer or mobile homes) as the single-family dwelling in the R-1 district inside Troy city limits

  • Trailer homes and mobile homes are excluded from R-1.
  • Permitted use in R-1 subject to the district's other standards and the building permit rule (section 804.1).

  “single family dwellings and manufactured homes, but not including trailer homes or mobile homes.”

  One more reviewed finding on this topic

  • Limited — Single mobile homes placed on a lot inside Troy city limits (not in a mobile home park); the posted text places them in the R-2, R-3 and B-district areas

    “a single mobile home shall be located only in r-2, r-3 and b-i districts as provided by section 705 and 806 and shall be subject to the following conditions”

• Who permits septicLocal (with conditions)

  Construction, alteration or extension of private sewage disposal systems inside Troy city limits

  • The city council issues the permit in addition to any building permit; the city's own rule applies inside city limits.
  • The Doniphan County FAQ (dpcountyks.com) says septic and waste water permits are issued by Northeast Kansas Environmental Services. That page does not mention Troy city, so it is not cited as proof of county reach inside the city; the conflict is in followups.
  • Kansas Department of Health standards apply to system type, capacity and layout (section 721.2 and ordinance 664 article III section 4).

  “721.3 permits it shall be unlawful for any person to construct, alter or extend private sewage disposal systems in the city unless he holds a valid permit issued by the city of troy”

• Septic permitRequired

  Private sewage disposal systems built inside Troy city limits where no public sewer is available

  • Permit is issued by the city council and required before construction, alteration or extension, in addition to building permits.
  • Permit may be denied where any public sewage system is within 200 feet by gravity flow of the structure (section 721.3).
  • Ordinance 664 sets a permit and inspection fee of $100 for private systems; the fee date and current amount need confirmation.

  permit and inspection fee for private sewage disposal system: 100 USD (per Ordinance 664 article III section 2 (2011))

  “a permit and inspection fee of one hundred dollars ($100.00) shall be paid to the city at the time the application is filed”

• Septic inspectionRequired

  Private sewage disposal systems built inside Troy city limits

  • The superintendent may inspect at any stage of construction; the applicant must notify the superintendent when work is ready for final inspection and before underground portions are covered.
  • The superintendent inspects within 48 hours of notice.
  • The permit does not take effect until the installation is completed to the superintendent's satisfaction.

  inspection response time after notice: <= 48 hours

  “a permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.”

• Off-grid sanitationLimited

  Privies, septic tanks, cesspools and similar disposal facilities inside Troy city limits

  • Such facilities are unlawful except as provided; the provided route is a private sewage disposal system under a city permit, connected to a building sewer where a public sewer is not available (ordinance 664 article III section 1).
  • Once a public sewer becomes available, the owner must connect and abandon the private system (ordinance 664 article III sections 5 and 8; sewer must be connected within 60 days).

  “section 3. except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.”

• Mandatory utility hookupSewer (with conditions)

  Houses and buildings inside Troy city limits that abut a street with a public sanitary or combined sewer

  • Connection is required within 90 days after official notice, at the owner's expense, only if the public sewer is within 100 feet of the property line.
  • Where no public sewer is available, the building sewer goes to a private system under article III.
  • Water connection rule was not found in the sewer ordinance; see followups.

  distance from property line to public sewer that triggers connection: <= 100 feet (requirement applies within 90 days of official notice)

  “within ninety (90) days after the date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Troy city limits

  • Subdivision procedures and requirements are set by the city's zoning regulation, with exceptions in the subdivision exception section.
  • Required improvements (streets, utilities, and similar) must be installed before building permits for the subdivided area are issued, unless a surety bond is filed.
  • Streets within a subdivision must be at least 50 ft right-of-way with 30 ft paved width.

  minimum street right-of-way in subdivision exception area: >= 50 feet (minimum paved width 30 feet)

  “3. street right of ways, within the subdivision, shall be a minimum of 50 feet, with a minimum paved width of 30 feet.”

• Driveway accessLimited

  Driveways and curb work on private residential property inside Troy city limits

  • Driveways are listed among items that do not need a building permit when installed on private residential property.
  • Any alteration to an existing curb needs city permission first.

  “if any alteration to existing curb is required, permission must be obtained from the city prior to the alteration.”

• Permit feesPublished (with conditions)

  Building permits inside Troy city limits

  • Fee stated in the zoning regulation's building permit section; the date of this fee schedule is not stated on the page.
  • A $5.00 fee applies for a subsequent permit after work proceeded without one (section 804.1.7).

  residential building permit fee: 2 USD (per building permit) · commercial or industrial building permit fee: 10 USD (per building permit)

  “804.1.3 there shall be a fee of $2.00 charged for each building permit for residential use and $10.00 for each commercial or industrial use.”

• Permit processPublished (with conditions)

  Building permit applications inside Troy city limits

  • Application is made in writing to the city clerk with a plot plan drawn to scale; the council approves or denies it.
  • A permit issued may be revoked for departure from approved plans or false representation (section 804.1.6).

  maximum decision time for building permit application: <= 3 weeks (otherwise deemed approved)

  “804.1.2 an application for a building permit shall be approved or denied by the council within a reasonable time, such time not to exceed three weeks from date of receipt, or the permit is considered approved.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Troy or Doniphan County directly.

• Owner-builder exemption — Owner-builder exemption from permits inside Troy city limits
• Building code adopted — Adoption of a model building code (residential or general) inside Troy city limits
• Inspections — General building inspections (framing, electrical, plumbing) for new homes inside Troy city limits
• Minimum dwelling size — Minimum dwelling floor area inside Troy city limits
• Tiny homes — Tiny homes inside Troy city limits

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.