Bolthole Index

Montgomery County, Kansas

Zoning, building permits and septic rules in Cherryvale, Kansas

Cherryvale is a city in Montgomery County, Kansas. Cherryvale adopts its own zoning, so inside its limits Cherryvale’s rules apply, not the county’s. 12 rules below are quoted from official sources and independently re-checked, most recently on November 3, 2026. Rules for unincorporated land are on the Montgomery County page.

Answers from the rulebook for Cherryvale

Cherryvale’s own rules

  • Local zoningPresent (with conditions)

    Land inside Cherryvale city limits: the city's own zoning regulations (titled Cherryvale, Kansas Zoning Regulations) administered by the city

    • Source is the 2025 Zoning Handbook compilation of the city's zoning regulations; the handbook is hosted on a city media library, not the city code site.
    • The city code site (cherryvaleks.citycode.net) incorporates the 1996 zoning regulations by reference; that version was not opened, and the handbook's amendment history was not checked.
    • Ordinance 19-4718 (use limitations - zoning) appears on the city ordinance list (cherryvaleusa.com/ordinances-resolutions) and was not opened, so later amendments are not confirmed.
    “the provisions of these regulations shall apply to all structures and land in the incorporated area of cherryvale, kansas.”
  • Zoning districtsPublished

    Zoning districts for land inside Cherryvale city limits: A-1, R-1, R-2, R-3, R-4, B-1 to B-4, I-1 and I-2

    • The official district maps are filed in the office of the city clerk and were not opened; only the map-filing sentence and district list in the handbook were checked.
    “3. zoning district maps: the boundaries of the districts are shown on the official zoning district maps which are filed in the office of the city clerk.”
  • Minimum lot sizeSpecified

    A-1 agricultural district inside Cherryvale city limits

    • Article 5 supplementary district regulations may modify yard rules ('except as modified by the provisions of article 5').

    minimum lot area: >= 1 acre (all uses in A-1) · minimum lot width: >= 150 feet

    “4. intensity of use regulations: minimum lot area: 1 acre for all uses. minimum lot width: 150 feet.”
    One more reviewed finding on this topic
  • SetbacksSpecified

    A-1 agricultural district inside Cherryvale city limits (principal buildings)

    • Article 5 may modify these yard sizes.
    • Accessory buildings: none in required front or side yard; rear yard placement at least 5 feet from rear lot line; cannot cover more than 30 percent of required rear yard (article 5, accessory buildings item 3).

    front yard: >= 30 feet · side yard: >= 20 feet · rear yard: >= 40 feet

    “6. yard regulations: except as modified by the provisions of article 5, minimum yard sizes shall be as follows: front yard: 30 feet. side yard: 20 feet. rear yard: 40 feet.”
    One more reviewed finding on this topic
  • Building heightSpecified

    A-1 agricultural district inside Cherryvale city limits

    maximum structure height: <= 35 feet

    “5. height regulations: maximum structure height: 35 feet.”
    One more reviewed finding on this topic
  • Living in an RVTemporary only (with conditions)

    A camper (RV) used for housing on a lot inside Cherryvale city limits while the principal residential structure is under construction

    • Temporary housing for up to 12 months; the zoning administrator may extend 6 additional months on showing of good cause by the owner.
    • Owner must remove the temporary housing or bring the property into conformance when the period ends or the principal structure is complete, whichever occurs first.
    • Any RV occupancy outside this construction-period allowance was not found in the handbook's text reviewed.

    temporary housing period: <= 12 months (may be extended 6 months for good cause)

    “f. housing: during construction of the principal residential structure, a basement, garage, camper or mobile home may be utilized for temporary housing for a period not to exceed twelve (12) months.”
  • Camping on your landLimited

    Camping or temporary housing on a lot inside Cherryvale city limits, only during construction of a principal residential structure

    • Same construction-period allowance as the RV claim: basement, garage, camper or mobile home, up to 12 months, extendable 6 months for good cause.
    • Recreational camping outside a construction project was not addressed in the handbook text reviewed; the city code's other sections were not opened.
    “f. housing: during construction of the principal residential structure, a basement, garage, camper or mobile home may be utilized for temporary housing for a period not to exceed twelve (12) months.”
  • Manufactured homesLimited

    Mobile or manufactured homes on individual lots in the A-1 agricultural district inside Cherryvale city limits

    • Permitted only on a permanent foundation, per the A-1 permitted-use text.
    • Lot minimums and yard rules for A-1 apply (see minimum lot size and setback claims).
    “2. permitted uses: generally, farming and ranching operations, single-family homes (including mobile homes on permanent foundations), recreational, religious, educational, institutional and public uses are permitted.”
    One more reviewed finding on this topic

Still unanswered

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

  • Building permit — Whether a building permit is required for new construction inside Cherryvale city limits
  • Owner-builder exemption — Owner-builder exemption for building inside Cherryvale city limits
  • Building code adopted — Building codes adopted for construction inside Cherryvale city limits
  • Inspections — Whether building inspections are required for construction inside Cherryvale city limits
  • Certificate of occupancy — Certificate of occupancy for new homes inside Cherryvale city limits
17 more unanswered
  • Minimum dwelling size
  • Lot coverage
  • Tiny homes
  • Accessory dwellings
  • Who permits septic
  • Septic permit
  • Septic inspection
  • Off-grid sanitation
  • Well permit
  • Mandatory utility hookup
  • Agricultural exemption
  • Subdividing land
  • Driveway access
  • Building in a floodplain
  • Short-term rentals
  • Permit fees
  • Permit process

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.

Unanswered questions are usually a sign that Cherryvale publishes no rule on the point, not that none exists. Montgomery County’s page lists the county offices to call.

← All of Montgomery County: county rules, score and offices