Overland Park City Zoning Code

18.390 Accessory

Uses and Structures

18.390.010 Intent and Interpretation

It is the intent of this Chapter to regard certain activities as being accessory to the principal use of the premises that may be carried on underneath the umbrella of the principal use. An activity will be considered an accessory use or structure when it is conducted in conjunction with the principal use and the activity constitutes only an incidental part of the total activity that takes place on the property, and is commonly associated with the principal use and integrally related to it.

For purposes of interpreting subsection A:

1.
A use or structure may be regarded as "incidental" if it is both insubstantial and subordinate in relation to the principal use.
2.
To be "commonly associated" with a principal use, it is not necessary for an accessory use or structure to be connected with such principal use more times than not, but only that the association of such accessory use or structure with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(History: Ord. ZRR-2854 §1, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.020 District A

The following are accessory uses and structures in District A: repair shops; sheds; garages; barns; silos; irrigation wells and pumps; incidental dwellings; and buildings and structures customarily required for any of the above uses.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.030 District A and All Residential Districts

The following are accessory uses and structures in District A and all residential districts; subject to the performance standards set forth in Section 18.390.140:

A.
Day care homes, group day care homes, child care centers, preschools and Mother's Day Out programs.
B.
Fences or walls.
C.
Flag poles.
D.
Garages and carports.
E.
Gardens.
F.
Gates or guard houses for subdivisions or multi-family projects.
G.
Ground-mounted satellite dish antennas.
H.
Hobby activities.
I.
Home occupations.
J.
Keeping of animals.
K.
Outside Storage of equipment, materials or vehicles.
L.
Parking areas.
M.
Play equipment.
N.
Signs.
O.
Solar collectors.
P.
Swimming pools and associated mechanical equipment.
Q.
Television and radio antennas not exceeding 60 feet in height.
R.
Tool/lawn equipment sheds not exceeding 200 square feet.
S.
Recycling collection point.

(History: Ord. ZRR-2854 §2, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.040 Districts R-3, RP-3, RP-4, R-5, RP-5, R-6 and RP-6

The following are accessory uses and structures in Districts R-3, RP-3, RP-4, R-5, RP-5, R-6 and RP-6; subject to the performance standards set forth in Section 18.390.140:

A.
Power generators.
B.
Recreation areas and buildings, swimming pools and clubhouses.
C.
Trash collection centers.
D.
Vending machines, mail rooms and laundry facilities in common areas of a multi-family project.
E.
Maintenance buildings for the projects.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.050 All Commercial Districts

The following are accessory uses and structures in all commercial districts; subject to the performance standards set forth in Section 18.390.140:

A.
Cooling towers.
B.
Dwelling units, other than mobile homes or manufactured homes, for security, management or maintenance personnel.
C.
Fences or walls.
D.
Flag poles.
E.
Food service and vending machines for tenants.
F.
Parking areas.
G.
Private parking garages.
H.
Satellite dish antennas.
I.
Signs.
J.
Solar collectors.
K.
Television, radio or microwave antennas not exceeding 100 feet in height.
L.
Recycling collection point.
M.
Arcade machines and game rooms.

(History: Ord. ZRR-2793 §1, 2009; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.060 Districts C-O and CP-O

The following uses are accessory uses in Districts C-O and CP-O where located in buildings at least 60,000 square feet of gross building area and at least 2 stories in height not including basements; subject to the performance standards set forth in 18.390.140:

1.
Barber shops and hair salons.
2.
Retail sale of office supplies.
3.
Clubs and drinking establishments.
4.
Dry cleaning and laundry pickup and delivery.
5.
Newsstands.
6.
Restaurants.
7.
Health and fitness clubs.
8.
Copy centers/print shops.

Pharmacies/drug stores and optical shops are accessory uses in Districts C-O and CP-O, subject to the performance standards set forth in 18.250.050.

Single-tenant restaurant buildings are accessory uses in Districts C-O and CP-O, subject to the performance standards set forth in 18.250.050.

(History: Ord. ZRR-3355 §13, 2022; Ord. ZRR-2750 §2, 2008; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.070 Districts C-2 and CP-2

In Districts C-2 and CP-2, single-bay, automatic car washes not exceeding 1000 square feet in gross floor area may be operated in conjunction with gasoline service stations.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.075 District MXD

The following are accessory uses and structures in District MXD; subject to the performance standards set forth in Section 18.390.140:

A.
Cooling towers.
B.
Fences or walls.
C.
Flag poles.
D.
Food service, recreation areas, swimming pools, clubhouses, vending machines, mail rooms and laundry facilities in association with the residential portion of a mixed use project.
E.
Garages and carports.
F.
Gardens.
G.
Hobby activities.
H.
Home occupations.
I.
Keeping of animals.
J.
Maintenance buildings.
K.
Parking areas.
L.
Play equipment.
M.
Power generators.
N.
Private parking garages.
O.
Satellite dish antennas.
P.
Signs.
Q.
Solar collectors.
R.
Swimming pools and associated mechanical equipment.
S.
Television, radio or microwave antennas not exceeding 100 feet in height.
T.
Tool/lawn equipment sheds not exceeding 200 square feet.
U.
Trash collection centers.
V.
Recycling collection point.

(History: Ord. ZRR-2854 §3, 2010; ZRR-2478 §4, 2004)

Effective on: 1/1/1901

18.390.080 Districts BP, M-1, MP-1, M-2 and MP-2

The following uses are accessory uses in Districts BP, M-1, MP-1, M-2 and MP-2; subject to the performance standards set forth in Section 18.390.140:

A.
Dwelling units, other than mobile homes or manufactured homes, for security, management or maintenance personnel.
B.
Employee recreation areas.
C.
Gate houses.
D.
Loading equipment.
E.
Parking and loading areas.
F.
Satellite dish antennas.
G.
Security and screening fences.
H.
Signs.
I.
Solar collectors.
J.
Television, radio and microwave antennas not exceeding 100 feet in height.
K.
Recycling collection point.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.090 Accessory Uses Permitted by Interpretation

Uses other than those listed above may be determined to be accessory uses in any district based upon an interpretation by the Director of Planning and Development Services.

(History: Ord. ZRR-2343 §49, 2002; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.100 Hotels, Motels, Convention Centers; Hospitals, Nursing or Convalescent Homes, and Continuing Care Community

The following uses are accessory uses within a hotel, motel, convention center, hospital, nursing or convalescent home, or continuing care community, provided the use is located within the main building and designed to serve primarily the occupants and patrons of the building: restaurants; clubs; drinking establishments; banquet rooms; package sales of alcoholic liquor or cereal malt beverages; sales of notions; newsstands; vending machines; barber shops and hair salons; arcades; and flower and gift shops.

(History: Ord. ZRR-3355 §14, 2022; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.105 Churches

All buildings and property used exclusively as places of public worship or the accommodation of religious meetings shall be allowed as a main permitted use.

Permitted accessory uses include, without being limited to, property used to house an area where the congregation of a church society and others may purchase tracts, books and other items relating to the promulgation of the church society's religious doctrines. All other permitted accessory uses shall meet the requirements of 18.390 of the UDO.

With respect to either a main permitted use or an accessory use, if the religious organization is qualified as a religious organization exempt from federal income taxation pursuant to Section 501(c)(3) of the federal internal revenue code, and the property devoted exclusively to that use is granted a property tax exemption exclusively for religious purposes under the laws of the State of Kansas, there shall be a presumption that such use is a permitted main or accessory use under the land development regulations of the City; provided however, if either or both exemptions are not applicable to the subject use, there shall be a presumption that such use is not a permitted main or accessory use under the land development regulations of the City.

(History: ZRR-2156, §8, 99)

Effective on: 1/1/1901

18.390.110 Hospitals

The following uses are accessory uses within a hospital where located within the main building and designed to serve hospital personnel, visitors or patients: residential quarters for staff and employees; nursing or convalescent quarters; storage and utility buildings; food service and vending machines; laundry and dry cleaning pickup and delivery; and flower and gift shops.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.120 Public Utility Buildings

Outside storage of materials and equipment is an accessory use in buildings used by public utilities provided all storage is screened from view off the premises.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.125 Bus Shelters

Bus shelters that are under the control of a public transportation provider shall be permitted in any district in the public right-of-way or on private property as an accessory use to a public street or private drive used as a bus route by a public transportation provider. All such shelters shall be subject to the performance standards set forth in Section 18.390.140 Q.

(History: Ord. ZRR-2215 §1, 99)

Effective on: 1/1/1901

18.390.130 Construction Sites

Mobile homes and hauling trailers may be used as a temporary construction office on the site of a construction project, provided such mobile home or trailer is removed upon completion of the project. In residential districts, any such mobile home or trailer must be removed upon the issuance of a certificate of occupancy for the first residential dwelling unit for the subdivision or project or, in the case of a subdivision or project for which approval has been given for phased development, for the first dwelling unit for that phase.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.140 Development and Performance Standards

Animals.

Domestic animals may be kept, and farm animals such as horses, ponies, cows and chickens may be kept, except that on a lot or tract of less than three (3) acres in size, a special use permit shall be required for the keeping of farm animals. The keeping of animals is also subject to the provisions of Title 6.

Day care homes, child care centers, preschools and Mother's Day Out programs.

1.
Day care homes shall be allowed subject to the following standards:
1. a.
  The day care provider shall be licensed by the State of Kansas and shall reside on the premises.
2. b.
  Outside play areas shall be fenced.
3. c.
  Up to three employees, other than persons residing on the premises, shall be permitted.
4. d.
  Compliance with requirements for day care homes in Title 5.
2.
Child care centers, preschools and Mother's Day Out programs may be allowed as an accessory use only in religious, educational and community buildings. Such programs shall be subject to a general traffic plan being submitted to and approved by the City Traffic Engineer (or designee). Such plan shall not permit parking on any adjacent public street, and shall include a drop-off and pick-up site designed to prevent traffic congestion or vehicles stacking up onto the public streets.

Fences or walls.

1.
Fences or walls may be constructed to a maximum height of 8 feet above the average grade subject to the restrictions of this subsection. Where a new fence or wall is constructed or an existing fence or wall is being extended, a permit shall be obtained from the Code Administrator. A fence permit shall also be required for the replacement or reconstruction of 50% or more of the linear length of the entire existing fence.
2.
Reserved.
3.
Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least 2 feet from any street right-of-way, and where the wall does not extend more than 6 inches above the ground level of the land being retained.
4.
Any fence or wall constructed prior to the adoption of these regulations which does not meet the standards of this subsection may be reconstructed, replaced and maintained at its present location resulting in a fence of the same size and material; provided, however, that the following standards shall be met:
1. a.
  Where 50% or more of the linear length of the entire existing fence is being reconstructed or replaced, such fence shall comply with the design standards listed in subsection 5b. below; and
2. b.
  No fence shall be replaced or reconstructed in a manner which obstructs the sight distance triangles as defined in 18.420.060.

Whenever any fence or fence section changes with respect to location, size or material, then the result shall be a fence or fence section that is in full compliance with all requirements for location and design, except for changes in location required for compliance with 18.420.060.

1. 5.
  In residential districts the following restrictions and standards shall apply to all fences and walls:
  1. a.
    Location.
    1.
    Front yard. A fence or wall may not be constructed in the front yard or in front of the front platted building line, whichever is more restrictive, except for decorative entry fences. (See 18.245.050 for front yard fences in the PRN District). A decorative entry fence shall:
    a.
    Extend no further than 12 feet in front of the front surface of the residence and shall in no case be closer than 15 feet to any public or private street right-of-way.
    b.
    Be located in front of the main entry to the residence and shall not extend beyond either side of the residence.
    c.
    Not connect with any other fence on the property, nor with any fence defined as a decorative landscape element.
    d.
    Be decorative in nature, be 3 feet or less in height, and be limited to or similar to one of the following types of construction: brick or stone walls, split rail, wood rail, wrought iron, or spaced picket fence.
    e.
    Not define an area which is completely enclosed without an ungated opening to the yard at least 36 inches in width.
    f.
    Be maintained in good condition such that (1) painted portions of the fence do not have chipping or peeling paint, (2) elements of the fence that are broken or missing are promptly repaired or replaced, and (3) the area at the base of the fence is kept free of debris and neatly trimmed.
    2.
    Rear yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. However, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan. In the case of a double frontage lot whose rear yard abuts a super-collector, collector or local street, a fence or wall may be constructed no closer than 15 feet to the rear property line.
    3.
    Side yard. A fence or wall may be constructed on the side property line, except that no fence shall be closer than 15 feet to any super-collector, collector or local street right-of-way. In addition, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan.
  2. b.
    Design standards.
    1.
    All fences and walls shall be constructed with a finished surface facing outward from the property (e.g., in the case of a wooden fence, a "finished surface" means a surface of the fence where the pickets or slats are fully exposed to view). The posts and support beams shall be on the inside of the finished surface or shall be designed as an integral part of the finished surface. Provided, however, that where the Director determines that there are practical difficulties in complying with this standard, the fence posts may be outside the finished surface.
    2.
    All fence segments abutting a designated thoroughfare, except on corner lots, shall provide one gate opening per lot to allow access to the area between the fence and the edge of the street for maintenance and mowing.
  3. c.
    Exceptions for fences in landscape easements. Where a master fence/screening plan has been approved as provided for in 18.460.220, all fences in the platted landscape easement shall conform with the master fence/screening plan approved by the Planning Commission. Changes to this plan shall be permitted only if a new master fence/screening plan is approved by the Planning Commission.
2. 6.
  In all commercial and industrial districts, a fence or wall may be constructed on any side or rear property line but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building. All fences and walls shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside of the finished surface or shall be designed as an integral part of the finished surface.

D.
Garages, carports and storage buildings. (See 18.245.050 for garages in the PRN District)
1. 1.
  For any one-family or two-family dwelling, there shall be permitted 1 detached garage or covered carport. Detached garage or carport spaces shall not exceed 250 square feet for each 3,000 square feet of lot area; provided, that in no event shall such areas exceed a total of 1,200 square feet. An attached garage or carport shall be subject to the same required setbacks as the main structure. A detached garage or carport shall be subject to the setbacks required for detached accessory buildings.
2. 2.
  For any multi-family residential development, all detached garages or carports shall be subject to the setbacks required for detached accessory buildings. If the applicable district regulations do not contain separate provisions for accessory structures, then the setback requirements for the main structure shall apply.
3. 3.
  In all residential districts, the design and construction of any garage, carport or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials and colors shall be similar to the main building or shall be commonly associated with residential construction.
E.
Hobby activities.
A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation so long as the activity is not in conflict with any City ordinance. Articles produced or constructed shall not be sold unless the activity complies with the requirements for a home occupation.
F.
Home occupations.
Home occupations are permitted as an accessory use to a residence subject to the following provisions:
1. 1.
  Purpose and intent.
  It is the purpose and intent of these requirements to:
  1. a.
    Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses.
  2. b.
    Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors.
  3. c.
    Establish criteria for operating home occupations in dwelling units within residential districts.
  4. d.
    Assure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
2. 2.
  Area of use.
  Home occupations shall be entirely contained within the interior of a residence and shall not be located in garages or accessory structures on the site. No visible evidence of the business shall be apparent from the street or the surrounding area. Day care homes as defined in 18.110.155 will be allowed to have an outside play area which shall be fenced. A home occupation shall use no more than 20% of the total dwelling unit floor area. Those home occupations which require occasional meetings using more than 20% of the floor area may be permitted, provided such meetings do not occur more frequently than once per month.
3. 3.
  Employees.
  The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups.
4. 4.
  Sales, repairs and leasing.
  1. a.
    The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. "Members of the general public" shall not include persons in the home by prior individualized invitation.
  2. b.
    The repair of items as a home occupation may occur only when the delivery and pickup of the items is conducted off the premises by the proprietor of the home occupation or by employees of the home occupation as defined in this Section. No trips shall be generated to or from the home occupation by customers with items which have been or are to be repaired.
  3. c.
    The exchange of items in a lease agreement between the proprietor of a home occupation or an employee and a customer shall not occur on the premises of a home occupation.
5. 5.
  Traffic and parking.
  No parking in the public right-of-way shall occur as a result of the home occupation except for occasional meetings. If parking for a home occupation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best operated in a commercial district rather than as a home occupation, and will no longer be permitted as an accessory use.
6. 6.
  Changes to exterior.
  The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building material, size or color, lighting fixtures or intensity, parking area, or any other exterior change should neither cause the structure to lose its residential character nor detract from the residential character of the neighborhood.
7. 7.
  Nuisance controls.
  A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting which would be in excess of that created by a single residential dwelling. The production, dumping, or storage of combustible or toxic substances shall not be permitted on site. Additionally, a home occupation shall not create interference with, or fluctuations of, radio or television transmissions.
8. 8.
  Visitation.
  A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this Section shall apply to the activity generated by the home occupation. A home occupation shall not generate more than 10 business-related visitations per day, consisting of 10 arrivals and 10 departures by vehicle. Day care operations shall not generate more than 12 arrivals and 12 departures per day by vehicle. These standards shall not be construed so as to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitation hours specified in this Section.
9. 9.
  Signage.
  See 18.440 for signs allowed at a residence.
10. 10.
  Complaints and appeals.
  Complaints against home occupations shall be made to the Planning and Development Services Department, or may be initiated by City staff members. Any person found to be in violation of the provisions of this Section relating to home occupations shall be notified in writing by the Director. Any person who is aggrieved by a determination that a violation exists may appeal that determination to the Community Development Committee. Any appeal must be filed within 10 days of the date on which the written notification was issued. If an appeal is filed, the Community Development Committee shall hold a hearing to review the notice of violation within 30 days of the filing date of the appeal. The Committee shall uphold or reverse the determination that a home occupation violation exists within 30 days of the date of the hearing. Any further appeals by any aggrieved party may be made to the District Court of Johnson County, Kansas, pursuant to K.S.A. 60-2101(d), or amendments thereto.
11. 11.
  Presumption of Violation.
  If an occupant of a residence is repairing a motor vehicle, trailer, camper or boat not registered to that address, then a presumption shall be made that the work is being done for compensation and that a home occupation violation is occurring. This presumption can be rebutted if the occupant can document that the repair work in question is not being done for compensation.
12. 12.
  Other regulations.
  Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the imposition of requirements under this Chapter shall not be construed as an exemption from such regulations.
G.
Outside storage and use of equipment, material or vehicles.
1. 1.
  The parking or storage of boats, camping trailers, pickup campers, motor homes, recreational vehicles, hauling trailers and commercial vehicles shall be subject to the provisions of 7.22.
2. 2.
  In commercial districts, trucks, vans and trailers that are regularly driven or towed as a part of the operation of any permitted use may be parked but may not be used for the storage or sale of merchandise. Semitrailers shall not be parked or stored on the same lot for more than 10 days in any 30-day period. Temporary storage buildings or storage structures designed to be easily moved are not permitted as an accessory use or structure.
3. 3.
  Hauling trailers may also be stored in District C-3 or CP-3.
4. 4.
  Notwithstanding the foregoing, useful items may be stored outside under the conditions set forth in 7.26.170. Storage of such items shall be permitted only to the extent that it is accessory to the residential use of the property; storage related to any business activity shall not be permitted.
H.
Parking and loading areas.
Parking and loading areas are subject to the requirements of 18.430.
I.
Satellite dish antennas.
Subject to any applicable federal regulations, satellite dish antennas are permitted subject to the following requirements. These requirements are intended to protect the safety and character of the community without unduly impairing the ability of any such antenna to receive an acceptable signal. Any person may request an exception to these rules by submitting written evidence to the Director that it is not possible to install an antenna which would receive a signal of acceptable quality and be in compliance with the requirements of this Section. The Director shall respond to such request in writing and may grant an exception where the requirements preclude an acceptable signal quality. This exception shall specify an alternative location for the antenna which minimizes any negative impact on the safety or character of the community.
1. 1.
  All Districts
  No satellite dish antenna shall be utilized as a sign. All antennas greater than 2 meters 79" in diameter shall be screened from view from surrounding properties to the greatest extent possible without interfering with the operation of the antenna. Plans detailing such screening shall be approved by the Planning Commission as a Final Development Plan prior to installation of any such antenna.
2. 2.
  Residential and Agricultural Districts
  1. a.
    Satellite dish antennas 1 meter 39" or less in diameter may be building-mounted or ground-mounted. In no case shall the height of the antenna and supporting mast exceed 60 feet in height. Where the antenna is ground-mounted on a self-supporting mast, the mast shall be set back a distance from any property line equal to one-third of its height and shall not be located in the front yard.
  2. b.
    Satellite dish antennas greater than 1 meter 39" in diameter shall be ground-mounted and shall not exceed 13 feet in height (distance between the average surrounding grade and the highest point on the satellite dish antenna). The antenna shall be located within the rear yard and shall be set back from all property lines a distance at least equal to its height. On a corner lot, the antenna shall not be closer to the side lot line adjacent to the street than the main structure. All cables and electrical lines serving the antenna shall be located underground.
3. 3.
  Commercial and Industrial Districts.
  Satellite dish antennas in commercial or industrial districts may be either ground-mounted or building-mounted. Ground-mounted antennas shall not exceed 30 feet in height and shall be located behind the required yard setbacks applicable to accessory structures in that district. Building-mounted antennas shall not extend more than 13 feet above the roof surface.
J.
Signs.
Signs are subject to the requirements of 18.440.
K.
Solar collectors.
Solar collectors are permitted provided that the following performance standards are met. All solar collectors shall meet or exceed the current standards expressed in the adopted building codes. A building permit is required prior to the installation of any solar collector system.
1. 1.
  Installation on a pitched roof:
  1. a.
    Roof-mounted solar collectors located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 2 feet perpendicular to the point on the roof where it is mounted.
  2. b.
    Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 4 feet perpendicular to the point on the roof where it is mounted.
2. 2.
  Installation on a flat roof:
  1. a.
    Roof-mounted solar collectors may be mounted on a flat roof at an optimum angle to the sun for maximum energy production when the building parapet or roof design provides full screening of the solar panels from public streets.
  2. b.
    For installation on a building without a parapet, roof-mounted solar collector panels shall be placed in the most obscure location without reducing the operating efficiency of the collectors, such as the center of the roof. The panels shall be installed at the same angle or as close as possible to the pitch of the roof. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. Solar collector panels are exempt from the screening provision of this subsection.
3. 3.
  Installation on the side of a building:
  1. a.
    In any planned zoning district or in any district requiring site plan approval, the construction or installation of any solar collection system on the side of a building shall be subject to either Final Development Plan approval or Site Plan approval.
  2. b.
    Wall-mounted solar collector panels shall not extend more than 5 feet to the furthest extension of the solar collection panels from the wall plane on which they are installed.
  3. c.
    Wall-mounted solar collector panels shall not extend more than 25% into any required side setback or 50% into any required rear setback. No part of the system shall extend into any required front setback.
  4. d.
    Wall-mounted solar collectors shall not extend above the top of the wall on which they are mounted.
4. 4.
  Ground-mounted installation:
  1. a.
    Ground-mounted solar collectors shall not exceed 8 feet in total height and shall be located within the rear yard at least 12 feet inside the property line.
  2. b.
    All lines serving a ground-mounted solar collector shall be located underground.
5. 5.
  Parking lot light pole installation:
  The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a solar collector panel. The overall height of the parking lot light pole and solar collector shall not exceed 40 feet. Any necessary solar collector appurtenances shall be painted to match the light pole and fixture.
L.
No temporary or incomplete building, and no automotive equipment, trailer, recreational vehicle, garage or other use or building accessory to a family dwelling shall be erected, maintained or used for residential purposes.
M.
No accessory use or structure except basketball goals, flag poles and fences, as permitted, shall be located in any front yard.
N.
Unless otherwise specifically provided, any accessory use or structure greater than 10 feet in height shall be located a distance of at least 1/3 its height from any side or rear property line.
O.
The total floor area of all accessory uses listed in 18.390.060 shall not exceed 10% of the gross floor area of any building.
P.
A recycling collection point as defined in this Chapter may be permitted as an accessory use only after approval of a final development plan by the Planning Commission. Prior to granting any such approval, the Planning Commission shall consider the impact of the proposed activity and structure on:
1. 1.
  Adjacent properties and uses;
2. 2.
  The visual appearance of the area; and
3. 3.
  Traffic circulation on and off the site.
  In District A and all residential districts, recycling collection points may be permitted only in conjunction with a nonresidential use such as a school, church, or community building.
Q.
Bus Shelters.
Bus shelters may be erected upon issuance of the appropriate building permit(s) by the Planning and Development Services Department. Such permits shall be issued only if the following standards are met:
1. 1.
  The location of the bus shelter relative to street geometrics, traffic patterns and sidewalk locations does not create significant traffic hazards for vehicles or pedestrians, and does not create any obstacles to pedestrian access to the shelter.
2. 2.
  The bus shelter is located such that riders can safely and easily move from the shelter to the bus and the bus can move safely from the traffic flow to the shelter and then back into traffic.
3. 3.
  The bus shelter is anchored to a concrete pad.
4. 4.
  The location of the bus shelter does not interfere with the operation or maintenance of any existing or planned traffic control devices, stormwater or utility facilities, lines or equipment.
5. 5.
  The bus shelter, if located on private property, does not reduce the number of parking spaces below the required amount, or interfere with the safe circulation of vehicular and pedestrian traffic.
6. 6.
  The bus shelter is transparent in nature and if lighting is present, all light fixtures are cut-off fixtures shielding the light source at an angle of 90 degrees from vertical.
7. 7.
  The bus shelter does not contain any signs or advertising except for bus schedules, routing information and the logo(s) of the public transportation provider(s).
8. 8.
  The bus shelter is located a minimum of 2 feet from the back of the curb of any public street, and meets all sight-distance requirements.
9. 9.
  The bus shelter, if located within the public right-of-way, is subject to maintenance agreements.
10. 10.
  The bus shelter, if located on private property, is not subject to setback requirements from the public right-of-way.
R.
Swimming Pools and associated equipment.
1. 1.
  Setbacks:
  Swimming pools and associated mechanical filtering equipment located in residential areas shall meet the setback for accessory buildings per 18.180.070.
2. 2.
  Screening.
  1. a.
    In residential districts, mechanical filtering equipment and heating equipment of new in-ground pools shall be screened from view, unless the equipment is located greater than 25 feet from any rear or side property line.
  2. b.
    Any mechanical equipment visible from streets shall be screened.
  3. c.
    An approved solid privacy fence at the property line shall be deemed as providing required screening.
  4. d.
    Screening shall be any combination of landscaping, solid fence, or other enclosure. The screening shall be approved by the Director prior to a permit being issued for the pool.

Denial of a building permit by the Planning and Development Services Department based on the interpretation of the development and performance standards listed above, may be appealed to the Board of Zoning Appeals.

(History: Ord. No. ZRR-3447 §22, 2024; Ord. No. ZRR-3300 §30, 2020; Ord. ZRR-2923 §1, 2011; ZRR-2903 §2, 2011; ZRR-2836 §1, 2010; ZRR-2870 §1, 2010; ZRR-2854 §4, 2010; ZRR-2698 §14, 2007; ZRR-2590 §6, 2005; ZRR-2215 §2, 2000; ZRR-2116 §1, 98; ZRR-2093 §1, 98; ZRR-1925 §4, 95; ZRR-1807 §3, 93; ZRR-1725; ZRR-1637; ZRR-1304; ZRR-889 §18.38)

Effective on: 1/1/1901

Overland Park City Zoning Code

18.390 Accessory

Uses and Structures

18.390.010 Intent and Interpretation

For purposes of interpreting subsection A:

1.
A use or structure may be regarded as "incidental" if it is both insubstantial and subordinate in relation to the principal use.
2.
To be "commonly associated" with a principal use, it is not necessary for an accessory use or structure to be connected with such principal use more times than not, but only that the association of such accessory use or structure with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(History: Ord. ZRR-2854 §1, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.020 District A

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.030 District A and All Residential Districts

The following are accessory uses and structures in District A and all residential districts; subject to the performance standards set forth in Section 18.390.140:

A.
Day care homes, group day care homes, child care centers, preschools and Mother's Day Out programs.
B.
Fences or walls.
C.
Flag poles.
D.
Garages and carports.
E.
Gardens.
F.
Gates or guard houses for subdivisions or multi-family projects.
G.
Ground-mounted satellite dish antennas.
H.
Hobby activities.
I.
Home occupations.
J.
Keeping of animals.
K.
Outside Storage of equipment, materials or vehicles.
L.
Parking areas.
M.
Play equipment.
N.
Signs.
O.
Solar collectors.
P.
Swimming pools and associated mechanical equipment.
Q.
Television and radio antennas not exceeding 60 feet in height.
R.
Tool/lawn equipment sheds not exceeding 200 square feet.
S.
Recycling collection point.

(History: Ord. ZRR-2854 §2, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.040 Districts R-3, RP-3, RP-4, R-5, RP-5, R-6 and RP-6

The following are accessory uses and structures in Districts R-3, RP-3, RP-4, R-5, RP-5, R-6 and RP-6; subject to the performance standards set forth in Section 18.390.140:

A.
Power generators.
B.
Recreation areas and buildings, swimming pools and clubhouses.
C.
Trash collection centers.
D.
Vending machines, mail rooms and laundry facilities in common areas of a multi-family project.
E.
Maintenance buildings for the projects.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.050 All Commercial Districts

The following are accessory uses and structures in all commercial districts; subject to the performance standards set forth in Section 18.390.140:

A.
Cooling towers.
B.
Dwelling units, other than mobile homes or manufactured homes, for security, management or maintenance personnel.
C.
Fences or walls.
D.
Flag poles.
E.
Food service and vending machines for tenants.
F.
Parking areas.
G.
Private parking garages.
H.
Satellite dish antennas.
I.
Signs.
J.
Solar collectors.
K.
Television, radio or microwave antennas not exceeding 100 feet in height.
L.
Recycling collection point.
M.
Arcade machines and game rooms.

(History: Ord. ZRR-2793 §1, 2009; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.060 Districts C-O and CP-O

1.
Barber shops and hair salons.
2.
Retail sale of office supplies.
3.
Clubs and drinking establishments.
4.
Dry cleaning and laundry pickup and delivery.
5.
Newsstands.
6.
Restaurants.
7.
Health and fitness clubs.
8.
Copy centers/print shops.

Pharmacies/drug stores and optical shops are accessory uses in Districts C-O and CP-O, subject to the performance standards set forth in 18.250.050.

Single-tenant restaurant buildings are accessory uses in Districts C-O and CP-O, subject to the performance standards set forth in 18.250.050.

(History: Ord. ZRR-3355 §13, 2022; Ord. ZRR-2750 §2, 2008; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.070 Districts C-2 and CP-2

In Districts C-2 and CP-2, single-bay, automatic car washes not exceeding 1000 square feet in gross floor area may be operated in conjunction with gasoline service stations.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.075 District MXD

The following are accessory uses and structures in District MXD; subject to the performance standards set forth in Section 18.390.140:

A.
Cooling towers.
B.
Fences or walls.
C.
Flag poles.
D.
Food service, recreation areas, swimming pools, clubhouses, vending machines, mail rooms and laundry facilities in association with the residential portion of a mixed use project.
E.
Garages and carports.
F.
Gardens.
G.
Hobby activities.
H.
Home occupations.
I.
Keeping of animals.
J.
Maintenance buildings.
K.
Parking areas.
L.
Play equipment.
M.
Power generators.
N.
Private parking garages.
O.
Satellite dish antennas.
P.
Signs.
Q.
Solar collectors.
R.
Swimming pools and associated mechanical equipment.
S.
Television, radio or microwave antennas not exceeding 100 feet in height.
T.
Tool/lawn equipment sheds not exceeding 200 square feet.
U.
Trash collection centers.
V.
Recycling collection point.

(History: Ord. ZRR-2854 §3, 2010; ZRR-2478 §4, 2004)

Effective on: 1/1/1901

18.390.080 Districts BP, M-1, MP-1, M-2 and MP-2

The following uses are accessory uses in Districts BP, M-1, MP-1, M-2 and MP-2; subject to the performance standards set forth in Section 18.390.140:

A.
Dwelling units, other than mobile homes or manufactured homes, for security, management or maintenance personnel.
B.
Employee recreation areas.
C.
Gate houses.
D.
Loading equipment.
E.
Parking and loading areas.
F.
Satellite dish antennas.
G.
Security and screening fences.
H.
Signs.
I.
Solar collectors.
J.
Television, radio and microwave antennas not exceeding 100 feet in height.
K.
Recycling collection point.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.090 Accessory Uses Permitted by Interpretation

Uses other than those listed above may be determined to be accessory uses in any district based upon an interpretation by the Director of Planning and Development Services.

(History: Ord. ZRR-2343 §49, 2002; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.100 Hotels, Motels, Convention Centers; Hospitals, Nursing or Convalescent Homes, and Continuing Care Community

(History: Ord. ZRR-3355 §14, 2022; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.105 Churches

All buildings and property used exclusively as places of public worship or the accommodation of religious meetings shall be allowed as a main permitted use.

(History: ZRR-2156, §8, 99)

Effective on: 1/1/1901

18.390.110 Hospitals

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.120 Public Utility Buildings

Outside storage of materials and equipment is an accessory use in buildings used by public utilities provided all storage is screened from view off the premises.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.125 Bus Shelters

(History: Ord. ZRR-2215 §1, 99)

Effective on: 1/1/1901

18.390.130 Construction Sites

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.140 Development and Performance Standards

Animals.

Day care homes, child care centers, preschools and Mother's Day Out programs.

1.
Day care homes shall be allowed subject to the following standards:
1. a.
  The day care provider shall be licensed by the State of Kansas and shall reside on the premises.
2. b.
  Outside play areas shall be fenced.
3. c.
  Up to three employees, other than persons residing on the premises, shall be permitted.
4. d.
  Compliance with requirements for day care homes in Title 5.
2.
Child care centers, preschools and Mother's Day Out programs may be allowed as an accessory use only in religious, educational and community buildings. Such programs shall be subject to a general traffic plan being submitted to and approved by the City Traffic Engineer (or designee). Such plan shall not permit parking on any adjacent public street, and shall include a drop-off and pick-up site designed to prevent traffic congestion or vehicles stacking up onto the public streets.

Fences or walls.

1.
Fences or walls may be constructed to a maximum height of 8 feet above the average grade subject to the restrictions of this subsection. Where a new fence or wall is constructed or an existing fence or wall is being extended, a permit shall be obtained from the Code Administrator. A fence permit shall also be required for the replacement or reconstruction of 50% or more of the linear length of the entire existing fence.
2.
Reserved.
3.
Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least 2 feet from any street right-of-way, and where the wall does not extend more than 6 inches above the ground level of the land being retained.
4.
Any fence or wall constructed prior to the adoption of these regulations which does not meet the standards of this subsection may be reconstructed, replaced and maintained at its present location resulting in a fence of the same size and material; provided, however, that the following standards shall be met:
1. a.
  Where 50% or more of the linear length of the entire existing fence is being reconstructed or replaced, such fence shall comply with the design standards listed in subsection 5b. below; and
2. b.
  No fence shall be replaced or reconstructed in a manner which obstructs the sight distance triangles as defined in 18.420.060.

1. 5.
  In residential districts the following restrictions and standards shall apply to all fences and walls:
  1. a.
    Location.
    1.
    Front yard. A fence or wall may not be constructed in the front yard or in front of the front platted building line, whichever is more restrictive, except for decorative entry fences. (See 18.245.050 for front yard fences in the PRN District). A decorative entry fence shall:
    a.
    Extend no further than 12 feet in front of the front surface of the residence and shall in no case be closer than 15 feet to any public or private street right-of-way.
    b.
    Be located in front of the main entry to the residence and shall not extend beyond either side of the residence.
    c.
    Not connect with any other fence on the property, nor with any fence defined as a decorative landscape element.
    d.
    Be decorative in nature, be 3 feet or less in height, and be limited to or similar to one of the following types of construction: brick or stone walls, split rail, wood rail, wrought iron, or spaced picket fence.
    e.
    Not define an area which is completely enclosed without an ungated opening to the yard at least 36 inches in width.
    f.
    Be maintained in good condition such that (1) painted portions of the fence do not have chipping or peeling paint, (2) elements of the fence that are broken or missing are promptly repaired or replaced, and (3) the area at the base of the fence is kept free of debris and neatly trimmed.
    2.
    Rear yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. However, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan. In the case of a double frontage lot whose rear yard abuts a super-collector, collector or local street, a fence or wall may be constructed no closer than 15 feet to the rear property line.
    3.
    Side yard. A fence or wall may be constructed on the side property line, except that no fence shall be closer than 15 feet to any super-collector, collector or local street right-of-way. In addition, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan.
  2. b.
    Design standards.
    1.
    All fences and walls shall be constructed with a finished surface facing outward from the property (e.g., in the case of a wooden fence, a "finished surface" means a surface of the fence where the pickets or slats are fully exposed to view). The posts and support beams shall be on the inside of the finished surface or shall be designed as an integral part of the finished surface. Provided, however, that where the Director determines that there are practical difficulties in complying with this standard, the fence posts may be outside the finished surface.
    2.
    All fence segments abutting a designated thoroughfare, except on corner lots, shall provide one gate opening per lot to allow access to the area between the fence and the edge of the street for maintenance and mowing.
  3. c.
    Exceptions for fences in landscape easements. Where a master fence/screening plan has been approved as provided for in 18.460.220, all fences in the platted landscape easement shall conform with the master fence/screening plan approved by the Planning Commission. Changes to this plan shall be permitted only if a new master fence/screening plan is approved by the Planning Commission.
2. 6.
  In all commercial and industrial districts, a fence or wall may be constructed on any side or rear property line but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building. All fences and walls shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside of the finished surface or shall be designed as an integral part of the finished surface.

D.
Garages, carports and storage buildings. (See 18.245.050 for garages in the PRN District)
1. 1.
  For any one-family or two-family dwelling, there shall be permitted 1 detached garage or covered carport. Detached garage or carport spaces shall not exceed 250 square feet for each 3,000 square feet of lot area; provided, that in no event shall such areas exceed a total of 1,200 square feet. An attached garage or carport shall be subject to the same required setbacks as the main structure. A detached garage or carport shall be subject to the setbacks required for detached accessory buildings.
2. 2.
  For any multi-family residential development, all detached garages or carports shall be subject to the setbacks required for detached accessory buildings. If the applicable district regulations do not contain separate provisions for accessory structures, then the setback requirements for the main structure shall apply.
3. 3.
  In all residential districts, the design and construction of any garage, carport or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials and colors shall be similar to the main building or shall be commonly associated with residential construction.
E.
Hobby activities.
A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation so long as the activity is not in conflict with any City ordinance. Articles produced or constructed shall not be sold unless the activity complies with the requirements for a home occupation.
F.
Home occupations.
Home occupations are permitted as an accessory use to a residence subject to the following provisions:
1. 1.
  Purpose and intent.
  It is the purpose and intent of these requirements to:
  1. a.
    Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses.
  2. b.
    Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors.
  3. c.
    Establish criteria for operating home occupations in dwelling units within residential districts.
  4. d.
    Assure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
2. 2.
  Area of use.
  Home occupations shall be entirely contained within the interior of a residence and shall not be located in garages or accessory structures on the site. No visible evidence of the business shall be apparent from the street or the surrounding area. Day care homes as defined in 18.110.155 will be allowed to have an outside play area which shall be fenced. A home occupation shall use no more than 20% of the total dwelling unit floor area. Those home occupations which require occasional meetings using more than 20% of the floor area may be permitted, provided such meetings do not occur more frequently than once per month.
3. 3.
  Employees.
  The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups.
4. 4.
  Sales, repairs and leasing.
  1. a.
    The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. "Members of the general public" shall not include persons in the home by prior individualized invitation.
  2. b.
    The repair of items as a home occupation may occur only when the delivery and pickup of the items is conducted off the premises by the proprietor of the home occupation or by employees of the home occupation as defined in this Section. No trips shall be generated to or from the home occupation by customers with items which have been or are to be repaired.
  3. c.
    The exchange of items in a lease agreement between the proprietor of a home occupation or an employee and a customer shall not occur on the premises of a home occupation.
5. 5.
  Traffic and parking.
  No parking in the public right-of-way shall occur as a result of the home occupation except for occasional meetings. If parking for a home occupation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best operated in a commercial district rather than as a home occupation, and will no longer be permitted as an accessory use.
6. 6.
  Changes to exterior.
  The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building material, size or color, lighting fixtures or intensity, parking area, or any other exterior change should neither cause the structure to lose its residential character nor detract from the residential character of the neighborhood.
7. 7.
  Nuisance controls.
  A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting which would be in excess of that created by a single residential dwelling. The production, dumping, or storage of combustible or toxic substances shall not be permitted on site. Additionally, a home occupation shall not create interference with, or fluctuations of, radio or television transmissions.
8. 8.
  Visitation.
  A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this Section shall apply to the activity generated by the home occupation. A home occupation shall not generate more than 10 business-related visitations per day, consisting of 10 arrivals and 10 departures by vehicle. Day care operations shall not generate more than 12 arrivals and 12 departures per day by vehicle. These standards shall not be construed so as to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitation hours specified in this Section.
9. 9.
  Signage.
  See 18.440 for signs allowed at a residence.
10. 10.
  Complaints and appeals.
  Complaints against home occupations shall be made to the Planning and Development Services Department, or may be initiated by City staff members. Any person found to be in violation of the provisions of this Section relating to home occupations shall be notified in writing by the Director. Any person who is aggrieved by a determination that a violation exists may appeal that determination to the Community Development Committee. Any appeal must be filed within 10 days of the date on which the written notification was issued. If an appeal is filed, the Community Development Committee shall hold a hearing to review the notice of violation within 30 days of the filing date of the appeal. The Committee shall uphold or reverse the determination that a home occupation violation exists within 30 days of the date of the hearing. Any further appeals by any aggrieved party may be made to the District Court of Johnson County, Kansas, pursuant to K.S.A. 60-2101(d), or amendments thereto.
11. 11.
  Presumption of Violation.
  If an occupant of a residence is repairing a motor vehicle, trailer, camper or boat not registered to that address, then a presumption shall be made that the work is being done for compensation and that a home occupation violation is occurring. This presumption can be rebutted if the occupant can document that the repair work in question is not being done for compensation.
12. 12.
  Other regulations.
  Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the imposition of requirements under this Chapter shall not be construed as an exemption from such regulations.
G.
Outside storage and use of equipment, material or vehicles.
1. 1.
  The parking or storage of boats, camping trailers, pickup campers, motor homes, recreational vehicles, hauling trailers and commercial vehicles shall be subject to the provisions of 7.22.
2. 2.
  In commercial districts, trucks, vans and trailers that are regularly driven or towed as a part of the operation of any permitted use may be parked but may not be used for the storage or sale of merchandise. Semitrailers shall not be parked or stored on the same lot for more than 10 days in any 30-day period. Temporary storage buildings or storage structures designed to be easily moved are not permitted as an accessory use or structure.
3. 3.
  Hauling trailers may also be stored in District C-3 or CP-3.
4. 4.
  Notwithstanding the foregoing, useful items may be stored outside under the conditions set forth in 7.26.170. Storage of such items shall be permitted only to the extent that it is accessory to the residential use of the property; storage related to any business activity shall not be permitted.
H.
Parking and loading areas.
Parking and loading areas are subject to the requirements of 18.430.
I.
Satellite dish antennas.
Subject to any applicable federal regulations, satellite dish antennas are permitted subject to the following requirements. These requirements are intended to protect the safety and character of the community without unduly impairing the ability of any such antenna to receive an acceptable signal. Any person may request an exception to these rules by submitting written evidence to the Director that it is not possible to install an antenna which would receive a signal of acceptable quality and be in compliance with the requirements of this Section. The Director shall respond to such request in writing and may grant an exception where the requirements preclude an acceptable signal quality. This exception shall specify an alternative location for the antenna which minimizes any negative impact on the safety or character of the community.
1. 1.
  All Districts
  No satellite dish antenna shall be utilized as a sign. All antennas greater than 2 meters 79" in diameter shall be screened from view from surrounding properties to the greatest extent possible without interfering with the operation of the antenna. Plans detailing such screening shall be approved by the Planning Commission as a Final Development Plan prior to installation of any such antenna.
2. 2.
  Residential and Agricultural Districts
  1. a.
    Satellite dish antennas 1 meter 39" or less in diameter may be building-mounted or ground-mounted. In no case shall the height of the antenna and supporting mast exceed 60 feet in height. Where the antenna is ground-mounted on a self-supporting mast, the mast shall be set back a distance from any property line equal to one-third of its height and shall not be located in the front yard.
  2. b.
    Satellite dish antennas greater than 1 meter 39" in diameter shall be ground-mounted and shall not exceed 13 feet in height (distance between the average surrounding grade and the highest point on the satellite dish antenna). The antenna shall be located within the rear yard and shall be set back from all property lines a distance at least equal to its height. On a corner lot, the antenna shall not be closer to the side lot line adjacent to the street than the main structure. All cables and electrical lines serving the antenna shall be located underground.
3. 3.
  Commercial and Industrial Districts.
  Satellite dish antennas in commercial or industrial districts may be either ground-mounted or building-mounted. Ground-mounted antennas shall not exceed 30 feet in height and shall be located behind the required yard setbacks applicable to accessory structures in that district. Building-mounted antennas shall not extend more than 13 feet above the roof surface.
J.
Signs.
Signs are subject to the requirements of 18.440.
K.
Solar collectors.
Solar collectors are permitted provided that the following performance standards are met. All solar collectors shall meet or exceed the current standards expressed in the adopted building codes. A building permit is required prior to the installation of any solar collector system.
1. 1.
  Installation on a pitched roof:
  1. a.
    Roof-mounted solar collectors located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 2 feet perpendicular to the point on the roof where it is mounted.
  2. b.
    Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 4 feet perpendicular to the point on the roof where it is mounted.
2. 2.
  Installation on a flat roof:
  1. a.
    Roof-mounted solar collectors may be mounted on a flat roof at an optimum angle to the sun for maximum energy production when the building parapet or roof design provides full screening of the solar panels from public streets.
  2. b.
    For installation on a building without a parapet, roof-mounted solar collector panels shall be placed in the most obscure location without reducing the operating efficiency of the collectors, such as the center of the roof. The panels shall be installed at the same angle or as close as possible to the pitch of the roof. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. Solar collector panels are exempt from the screening provision of this subsection.
3. 3.
  Installation on the side of a building:
  1. a.
    In any planned zoning district or in any district requiring site plan approval, the construction or installation of any solar collection system on the side of a building shall be subject to either Final Development Plan approval or Site Plan approval.
  2. b.
    Wall-mounted solar collector panels shall not extend more than 5 feet to the furthest extension of the solar collection panels from the wall plane on which they are installed.
  3. c.
    Wall-mounted solar collector panels shall not extend more than 25% into any required side setback or 50% into any required rear setback. No part of the system shall extend into any required front setback.
  4. d.
    Wall-mounted solar collectors shall not extend above the top of the wall on which they are mounted.
4. 4.
  Ground-mounted installation:
  1. a.
    Ground-mounted solar collectors shall not exceed 8 feet in total height and shall be located within the rear yard at least 12 feet inside the property line.
  2. b.
    All lines serving a ground-mounted solar collector shall be located underground.
5. 5.
  Parking lot light pole installation:
  The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a solar collector panel. The overall height of the parking lot light pole and solar collector shall not exceed 40 feet. Any necessary solar collector appurtenances shall be painted to match the light pole and fixture.
L.
No temporary or incomplete building, and no automotive equipment, trailer, recreational vehicle, garage or other use or building accessory to a family dwelling shall be erected, maintained or used for residential purposes.
M.
No accessory use or structure except basketball goals, flag poles and fences, as permitted, shall be located in any front yard.
N.
Unless otherwise specifically provided, any accessory use or structure greater than 10 feet in height shall be located a distance of at least 1/3 its height from any side or rear property line.
O.
The total floor area of all accessory uses listed in 18.390.060 shall not exceed 10% of the gross floor area of any building.
P.
A recycling collection point as defined in this Chapter may be permitted as an accessory use only after approval of a final development plan by the Planning Commission. Prior to granting any such approval, the Planning Commission shall consider the impact of the proposed activity and structure on:
1. 1.
  Adjacent properties and uses;
2. 2.
  The visual appearance of the area; and
3. 3.
  Traffic circulation on and off the site.
  In District A and all residential districts, recycling collection points may be permitted only in conjunction with a nonresidential use such as a school, church, or community building.
Q.
Bus Shelters.
Bus shelters may be erected upon issuance of the appropriate building permit(s) by the Planning and Development Services Department. Such permits shall be issued only if the following standards are met:
1. 1.
  The location of the bus shelter relative to street geometrics, traffic patterns and sidewalk locations does not create significant traffic hazards for vehicles or pedestrians, and does not create any obstacles to pedestrian access to the shelter.
2. 2.
  The bus shelter is located such that riders can safely and easily move from the shelter to the bus and the bus can move safely from the traffic flow to the shelter and then back into traffic.
3. 3.
  The bus shelter is anchored to a concrete pad.
4. 4.
  The location of the bus shelter does not interfere with the operation or maintenance of any existing or planned traffic control devices, stormwater or utility facilities, lines or equipment.
5. 5.
  The bus shelter, if located on private property, does not reduce the number of parking spaces below the required amount, or interfere with the safe circulation of vehicular and pedestrian traffic.
6. 6.
  The bus shelter is transparent in nature and if lighting is present, all light fixtures are cut-off fixtures shielding the light source at an angle of 90 degrees from vertical.
7. 7.
  The bus shelter does not contain any signs or advertising except for bus schedules, routing information and the logo(s) of the public transportation provider(s).
8. 8.
  The bus shelter is located a minimum of 2 feet from the back of the curb of any public street, and meets all sight-distance requirements.
9. 9.
  The bus shelter, if located within the public right-of-way, is subject to maintenance agreements.
10. 10.
  The bus shelter, if located on private property, is not subject to setback requirements from the public right-of-way.
R.
Swimming Pools and associated equipment.
1. 1.
  Setbacks:
  Swimming pools and associated mechanical filtering equipment located in residential areas shall meet the setback for accessory buildings per 18.180.070.
2. 2.
  Screening.
  1. a.
    In residential districts, mechanical filtering equipment and heating equipment of new in-ground pools shall be screened from view, unless the equipment is located greater than 25 feet from any rear or side property line.
  2. b.
    Any mechanical equipment visible from streets shall be screened.
  3. c.
    An approved solid privacy fence at the property line shall be deemed as providing required screening.
  4. d.
    Screening shall be any combination of landscaping, solid fence, or other enclosure. The screening shall be approved by the Director prior to a permit being issued for the pool.

Effective on: 1/1/1901

Overland Park City Zoning Code

18.390 Accessory

Uses and Structures

18.390.010 Intent and Interpretation

For purposes of interpreting subsection A:

1.
A use or structure may be regarded as "incidental" if it is both insubstantial and subordinate in relation to the principal use.
2.
To be "commonly associated" with a principal use, it is not necessary for an accessory use or structure to be connected with such principal use more times than not, but only that the association of such accessory use or structure with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(History: Ord. ZRR-2854 §1, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.020 District A

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.030 District A and All Residential Districts

The following are accessory uses and structures in District A and all residential districts; subject to the performance standards set forth in Section 18.390.140:

A.
Day care homes, group day care homes, child care centers, preschools and Mother's Day Out programs.
B.
Fences or walls.
C.
Flag poles.
D.
Garages and carports.
E.
Gardens.
F.
Gates or guard houses for subdivisions or multi-family projects.
G.
Ground-mounted satellite dish antennas.
H.
Hobby activities.
I.
Home occupations.
J.
Keeping of animals.
K.
Outside Storage of equipment, materials or vehicles.
L.
Parking areas.
M.
Play equipment.
N.
Signs.
O.
Solar collectors.
P.
Swimming pools and associated mechanical equipment.
Q.
Television and radio antennas not exceeding 60 feet in height.
R.
Tool/lawn equipment sheds not exceeding 200 square feet.
S.
Recycling collection point.

(History: Ord. ZRR-2854 §2, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.040 Districts R-3, RP-3, RP-4, R-5, RP-5, R-6 and RP-6

The following are accessory uses and structures in Districts R-3, RP-3, RP-4, R-5, RP-5, R-6 and RP-6; subject to the performance standards set forth in Section 18.390.140:

A.
Power generators.
B.
Recreation areas and buildings, swimming pools and clubhouses.
C.
Trash collection centers.
D.
Vending machines, mail rooms and laundry facilities in common areas of a multi-family project.
E.
Maintenance buildings for the projects.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.050 All Commercial Districts

The following are accessory uses and structures in all commercial districts; subject to the performance standards set forth in Section 18.390.140:

A.
Cooling towers.
B.
Dwelling units, other than mobile homes or manufactured homes, for security, management or maintenance personnel.
C.
Fences or walls.
D.
Flag poles.
E.
Food service and vending machines for tenants.
F.
Parking areas.
G.
Private parking garages.
H.
Satellite dish antennas.
I.
Signs.
J.
Solar collectors.
K.
Television, radio or microwave antennas not exceeding 100 feet in height.
L.
Recycling collection point.
M.
Arcade machines and game rooms.

(History: Ord. ZRR-2793 §1, 2009; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.060 Districts C-O and CP-O

1.
Barber shops and hair salons.
2.
Retail sale of office supplies.
3.
Clubs and drinking establishments.
4.
Dry cleaning and laundry pickup and delivery.
5.
Newsstands.
6.
Restaurants.
7.
Health and fitness clubs.
8.
Copy centers/print shops.

Pharmacies/drug stores and optical shops are accessory uses in Districts C-O and CP-O, subject to the performance standards set forth in 18.250.050.

Single-tenant restaurant buildings are accessory uses in Districts C-O and CP-O, subject to the performance standards set forth in 18.250.050.

(History: Ord. ZRR-3355 §13, 2022; Ord. ZRR-2750 §2, 2008; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.070 Districts C-2 and CP-2

In Districts C-2 and CP-2, single-bay, automatic car washes not exceeding 1000 square feet in gross floor area may be operated in conjunction with gasoline service stations.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.075 District MXD

The following are accessory uses and structures in District MXD; subject to the performance standards set forth in Section 18.390.140:

A.
Cooling towers.
B.
Fences or walls.
C.
Flag poles.
D.
Food service, recreation areas, swimming pools, clubhouses, vending machines, mail rooms and laundry facilities in association with the residential portion of a mixed use project.
E.
Garages and carports.
F.
Gardens.
G.
Hobby activities.
H.
Home occupations.
I.
Keeping of animals.
J.
Maintenance buildings.
K.
Parking areas.
L.
Play equipment.
M.
Power generators.
N.
Private parking garages.
O.
Satellite dish antennas.
P.
Signs.
Q.
Solar collectors.
R.
Swimming pools and associated mechanical equipment.
S.
Television, radio or microwave antennas not exceeding 100 feet in height.
T.
Tool/lawn equipment sheds not exceeding 200 square feet.
U.
Trash collection centers.
V.
Recycling collection point.

(History: Ord. ZRR-2854 §3, 2010; ZRR-2478 §4, 2004)

Effective on: 1/1/1901

18.390.080 Districts BP, M-1, MP-1, M-2 and MP-2

The following uses are accessory uses in Districts BP, M-1, MP-1, M-2 and MP-2; subject to the performance standards set forth in Section 18.390.140:

A.
Dwelling units, other than mobile homes or manufactured homes, for security, management or maintenance personnel.
B.
Employee recreation areas.
C.
Gate houses.
D.
Loading equipment.
E.
Parking and loading areas.
F.
Satellite dish antennas.
G.
Security and screening fences.
H.
Signs.
I.
Solar collectors.
J.
Television, radio and microwave antennas not exceeding 100 feet in height.
K.
Recycling collection point.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.090 Accessory Uses Permitted by Interpretation

Uses other than those listed above may be determined to be accessory uses in any district based upon an interpretation by the Director of Planning and Development Services.

(History: Ord. ZRR-2343 §49, 2002; ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.100 Hotels, Motels, Convention Centers; Hospitals, Nursing or Convalescent Homes, and Continuing Care Community

(History: Ord. ZRR-3355 §14, 2022; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.105 Churches

All buildings and property used exclusively as places of public worship or the accommodation of religious meetings shall be allowed as a main permitted use.

(History: ZRR-2156, §8, 99)

Effective on: 1/1/1901

18.390.110 Hospitals

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.120 Public Utility Buildings

Outside storage of materials and equipment is an accessory use in buildings used by public utilities provided all storage is screened from view off the premises.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.38)

Effective on: 1/1/1901

18.390.125 Bus Shelters

(History: Ord. ZRR-2215 §1, 99)

Effective on: 1/1/1901

18.390.130 Construction Sites

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.390.140 Development and Performance Standards

Animals.

Day care homes, child care centers, preschools and Mother's Day Out programs.

1.
Day care homes shall be allowed subject to the following standards:
1. a.
  The day care provider shall be licensed by the State of Kansas and shall reside on the premises.
2. b.
  Outside play areas shall be fenced.
3. c.
  Up to three employees, other than persons residing on the premises, shall be permitted.
4. d.
  Compliance with requirements for day care homes in Title 5.
2.
Child care centers, preschools and Mother's Day Out programs may be allowed as an accessory use only in religious, educational and community buildings. Such programs shall be subject to a general traffic plan being submitted to and approved by the City Traffic Engineer (or designee). Such plan shall not permit parking on any adjacent public street, and shall include a drop-off and pick-up site designed to prevent traffic congestion or vehicles stacking up onto the public streets.

Fences or walls.

1.
Fences or walls may be constructed to a maximum height of 8 feet above the average grade subject to the restrictions of this subsection. Where a new fence or wall is constructed or an existing fence or wall is being extended, a permit shall be obtained from the Code Administrator. A fence permit shall also be required for the replacement or reconstruction of 50% or more of the linear length of the entire existing fence.
2.
Reserved.
3.
Retaining walls may be permitted where they are reasonably necessary due to the topography of the lot, where the wall is located at least 2 feet from any street right-of-way, and where the wall does not extend more than 6 inches above the ground level of the land being retained.
4.
Any fence or wall constructed prior to the adoption of these regulations which does not meet the standards of this subsection may be reconstructed, replaced and maintained at its present location resulting in a fence of the same size and material; provided, however, that the following standards shall be met:
1. a.
  Where 50% or more of the linear length of the entire existing fence is being reconstructed or replaced, such fence shall comply with the design standards listed in subsection 5b. below; and
2. b.
  No fence shall be replaced or reconstructed in a manner which obstructs the sight distance triangles as defined in 18.420.060.

1. 5.
  In residential districts the following restrictions and standards shall apply to all fences and walls:
  1. a.
    Location.
    1.
    Front yard. A fence or wall may not be constructed in the front yard or in front of the front platted building line, whichever is more restrictive, except for decorative entry fences. (See 18.245.050 for front yard fences in the PRN District). A decorative entry fence shall:
    a.
    Extend no further than 12 feet in front of the front surface of the residence and shall in no case be closer than 15 feet to any public or private street right-of-way.
    b.
    Be located in front of the main entry to the residence and shall not extend beyond either side of the residence.
    c.
    Not connect with any other fence on the property, nor with any fence defined as a decorative landscape element.
    d.
    Be decorative in nature, be 3 feet or less in height, and be limited to or similar to one of the following types of construction: brick or stone walls, split rail, wood rail, wrought iron, or spaced picket fence.
    e.
    Not define an area which is completely enclosed without an ungated opening to the yard at least 36 inches in width.
    f.
    Be maintained in good condition such that (1) painted portions of the fence do not have chipping or peeling paint, (2) elements of the fence that are broken or missing are promptly repaired or replaced, and (3) the area at the base of the fence is kept free of debris and neatly trimmed.
    2.
    Rear yard. A fence or wall may be constructed on the rear property line on all lots whose rear lot lines abut another lot or a designated thoroughfare. However, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan. In the case of a double frontage lot whose rear yard abuts a super-collector, collector or local street, a fence or wall may be constructed no closer than 15 feet to the rear property line.
    3.
    Side yard. A fence or wall may be constructed on the side property line, except that no fence shall be closer than 15 feet to any super-collector, collector or local street right-of-way. In addition, no fence shall be permitted in any platted landscape easement except as a part of an approved master fence/screening plan.
  2. b.
    Design standards.
    1.
    All fences and walls shall be constructed with a finished surface facing outward from the property (e.g., in the case of a wooden fence, a "finished surface" means a surface of the fence where the pickets or slats are fully exposed to view). The posts and support beams shall be on the inside of the finished surface or shall be designed as an integral part of the finished surface. Provided, however, that where the Director determines that there are practical difficulties in complying with this standard, the fence posts may be outside the finished surface.
    2.
    All fence segments abutting a designated thoroughfare, except on corner lots, shall provide one gate opening per lot to allow access to the area between the fence and the edge of the street for maintenance and mowing.
  3. c.
    Exceptions for fences in landscape easements. Where a master fence/screening plan has been approved as provided for in 18.460.220, all fences in the platted landscape easement shall conform with the master fence/screening plan approved by the Planning Commission. Changes to this plan shall be permitted only if a new master fence/screening plan is approved by the Planning Commission.
2. 6.
  In all commercial and industrial districts, a fence or wall may be constructed on any side or rear property line but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building. All fences and walls shall be constructed with a finished side facing outward from the property. The posts and support beams shall be on the inside of the finished surface or shall be designed as an integral part of the finished surface.

D.
Garages, carports and storage buildings. (See 18.245.050 for garages in the PRN District)
1. 1.
  For any one-family or two-family dwelling, there shall be permitted 1 detached garage or covered carport. Detached garage or carport spaces shall not exceed 250 square feet for each 3,000 square feet of lot area; provided, that in no event shall such areas exceed a total of 1,200 square feet. An attached garage or carport shall be subject to the same required setbacks as the main structure. A detached garage or carport shall be subject to the setbacks required for detached accessory buildings.
2. 2.
  For any multi-family residential development, all detached garages or carports shall be subject to the setbacks required for detached accessory buildings. If the applicable district regulations do not contain separate provisions for accessory structures, then the setback requirements for the main structure shall apply.
3. 3.
  In all residential districts, the design and construction of any garage, carport or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials and colors shall be similar to the main building or shall be commonly associated with residential construction.
E.
Hobby activities.
A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation so long as the activity is not in conflict with any City ordinance. Articles produced or constructed shall not be sold unless the activity complies with the requirements for a home occupation.
F.
Home occupations.
Home occupations are permitted as an accessory use to a residence subject to the following provisions:
1. 1.
  Purpose and intent.
  It is the purpose and intent of these requirements to:
  1. a.
    Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses.
  2. b.
    Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors.
  3. c.
    Establish criteria for operating home occupations in dwelling units within residential districts.
  4. d.
    Assure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.
2. 2.
  Area of use.
  Home occupations shall be entirely contained within the interior of a residence and shall not be located in garages or accessory structures on the site. No visible evidence of the business shall be apparent from the street or the surrounding area. Day care homes as defined in 18.110.155 will be allowed to have an outside play area which shall be fenced. A home occupation shall use no more than 20% of the total dwelling unit floor area. Those home occupations which require occasional meetings using more than 20% of the floor area may be permitted, provided such meetings do not occur more frequently than once per month.
3. 3.
  Employees.
  The home occupation shall be conducted by family members residing on the premises with no assistance from other individuals or groups.
4. 4.
  Sales, repairs and leasing.
  1. a.
    The commercial exchange of tangible goods or other items constituting a sale between the proprietor of a home occupation and members of the general public shall not be permitted on the premises of a home occupation. "Members of the general public" shall not include persons in the home by prior individualized invitation.
  2. b.
    The repair of items as a home occupation may occur only when the delivery and pickup of the items is conducted off the premises by the proprietor of the home occupation or by employees of the home occupation as defined in this Section. No trips shall be generated to or from the home occupation by customers with items which have been or are to be repaired.
  3. c.
    The exchange of items in a lease agreement between the proprietor of a home occupation or an employee and a customer shall not occur on the premises of a home occupation.
5. 5.
  Traffic and parking.
  No parking in the public right-of-way shall occur as a result of the home occupation except for occasional meetings. If parking for a home occupation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business best operated in a commercial district rather than as a home occupation, and will no longer be permitted as an accessory use.
6. 6.
  Changes to exterior.
  The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building material, size or color, lighting fixtures or intensity, parking area, or any other exterior change should neither cause the structure to lose its residential character nor detract from the residential character of the neighborhood.
7. 7.
  Nuisance controls.
  A home occupation shall not create excessive noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting which would be in excess of that created by a single residential dwelling. The production, dumping, or storage of combustible or toxic substances shall not be permitted on site. Additionally, a home occupation shall not create interference with, or fluctuations of, radio or television transmissions.
8. 8.
  Visitation.
  A home occupation may attract patrons, students or any business-related individuals only between the hours of 6:00 a.m. and 9:00 p.m. At any time during the day or evening, the parking standards in this Section shall apply to the activity generated by the home occupation. A home occupation shall not generate more than 10 business-related visitations per day, consisting of 10 arrivals and 10 departures by vehicle. Day care operations shall not generate more than 12 arrivals and 12 departures per day by vehicle. These standards shall not be construed so as to prohibit occasional group gatherings, recitals or demonstrations. However, such gatherings shall not occur more frequently than once per month and must be held within the visitation hours specified in this Section.
9. 9.
  Signage.
  See 18.440 for signs allowed at a residence.
10. 10.
  Complaints and appeals.
  Complaints against home occupations shall be made to the Planning and Development Services Department, or may be initiated by City staff members. Any person found to be in violation of the provisions of this Section relating to home occupations shall be notified in writing by the Director. Any person who is aggrieved by a determination that a violation exists may appeal that determination to the Community Development Committee. Any appeal must be filed within 10 days of the date on which the written notification was issued. If an appeal is filed, the Community Development Committee shall hold a hearing to review the notice of violation within 30 days of the filing date of the appeal. The Committee shall uphold or reverse the determination that a home occupation violation exists within 30 days of the date of the hearing. Any further appeals by any aggrieved party may be made to the District Court of Johnson County, Kansas, pursuant to K.S.A. 60-2101(d), or amendments thereto.
11. 11.
  Presumption of Violation.
  If an occupant of a residence is repairing a motor vehicle, trailer, camper or boat not registered to that address, then a presumption shall be made that the work is being done for compensation and that a home occupation violation is occurring. This presumption can be rebutted if the occupant can document that the repair work in question is not being done for compensation.
12. 12.
  Other regulations.
  Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the imposition of requirements under this Chapter shall not be construed as an exemption from such regulations.
G.
Outside storage and use of equipment, material or vehicles.
1. 1.
  The parking or storage of boats, camping trailers, pickup campers, motor homes, recreational vehicles, hauling trailers and commercial vehicles shall be subject to the provisions of 7.22.
2. 2.
  In commercial districts, trucks, vans and trailers that are regularly driven or towed as a part of the operation of any permitted use may be parked but may not be used for the storage or sale of merchandise. Semitrailers shall not be parked or stored on the same lot for more than 10 days in any 30-day period. Temporary storage buildings or storage structures designed to be easily moved are not permitted as an accessory use or structure.
3. 3.
  Hauling trailers may also be stored in District C-3 or CP-3.
4. 4.
  Notwithstanding the foregoing, useful items may be stored outside under the conditions set forth in 7.26.170. Storage of such items shall be permitted only to the extent that it is accessory to the residential use of the property; storage related to any business activity shall not be permitted.
H.
Parking and loading areas.
Parking and loading areas are subject to the requirements of 18.430.
I.
Satellite dish antennas.
Subject to any applicable federal regulations, satellite dish antennas are permitted subject to the following requirements. These requirements are intended to protect the safety and character of the community without unduly impairing the ability of any such antenna to receive an acceptable signal. Any person may request an exception to these rules by submitting written evidence to the Director that it is not possible to install an antenna which would receive a signal of acceptable quality and be in compliance with the requirements of this Section. The Director shall respond to such request in writing and may grant an exception where the requirements preclude an acceptable signal quality. This exception shall specify an alternative location for the antenna which minimizes any negative impact on the safety or character of the community.
1. 1.
  All Districts
  No satellite dish antenna shall be utilized as a sign. All antennas greater than 2 meters 79" in diameter shall be screened from view from surrounding properties to the greatest extent possible without interfering with the operation of the antenna. Plans detailing such screening shall be approved by the Planning Commission as a Final Development Plan prior to installation of any such antenna.
2. 2.
  Residential and Agricultural Districts
  1. a.
    Satellite dish antennas 1 meter 39" or less in diameter may be building-mounted or ground-mounted. In no case shall the height of the antenna and supporting mast exceed 60 feet in height. Where the antenna is ground-mounted on a self-supporting mast, the mast shall be set back a distance from any property line equal to one-third of its height and shall not be located in the front yard.
  2. b.
    Satellite dish antennas greater than 1 meter 39" in diameter shall be ground-mounted and shall not exceed 13 feet in height (distance between the average surrounding grade and the highest point on the satellite dish antenna). The antenna shall be located within the rear yard and shall be set back from all property lines a distance at least equal to its height. On a corner lot, the antenna shall not be closer to the side lot line adjacent to the street than the main structure. All cables and electrical lines serving the antenna shall be located underground.
3. 3.
  Commercial and Industrial Districts.
  Satellite dish antennas in commercial or industrial districts may be either ground-mounted or building-mounted. Ground-mounted antennas shall not exceed 30 feet in height and shall be located behind the required yard setbacks applicable to accessory structures in that district. Building-mounted antennas shall not extend more than 13 feet above the roof surface.
J.
Signs.
Signs are subject to the requirements of 18.440.
K.
Solar collectors.
Solar collectors are permitted provided that the following performance standards are met. All solar collectors shall meet or exceed the current standards expressed in the adopted building codes. A building permit is required prior to the installation of any solar collector system.
1. 1.
  Installation on a pitched roof:
  1. a.
    Roof-mounted solar collectors located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 2 feet perpendicular to the point on the roof where it is mounted.
  2. b.
    Roof-mounted solar collectors located on the rear side of building roofs shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such solar collector shall extend more than 4 feet perpendicular to the point on the roof where it is mounted.
2. 2.
  Installation on a flat roof:
  1. a.
    Roof-mounted solar collectors may be mounted on a flat roof at an optimum angle to the sun for maximum energy production when the building parapet or roof design provides full screening of the solar panels from public streets.
  2. b.
    For installation on a building without a parapet, roof-mounted solar collector panels shall be placed in the most obscure location without reducing the operating efficiency of the collectors, such as the center of the roof. The panels shall be installed at the same angle or as close as possible to the pitch of the roof. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. Solar collector panels are exempt from the screening provision of this subsection.
3. 3.
  Installation on the side of a building:
  1. a.
    In any planned zoning district or in any district requiring site plan approval, the construction or installation of any solar collection system on the side of a building shall be subject to either Final Development Plan approval or Site Plan approval.
  2. b.
    Wall-mounted solar collector panels shall not extend more than 5 feet to the furthest extension of the solar collection panels from the wall plane on which they are installed.
  3. c.
    Wall-mounted solar collector panels shall not extend more than 25% into any required side setback or 50% into any required rear setback. No part of the system shall extend into any required front setback.
  4. d.
    Wall-mounted solar collectors shall not extend above the top of the wall on which they are mounted.
4. 4.
  Ground-mounted installation:
  1. a.
    Ground-mounted solar collectors shall not exceed 8 feet in total height and shall be located within the rear yard at least 12 feet inside the property line.
  2. b.
    All lines serving a ground-mounted solar collector shall be located underground.
5. 5.
  Parking lot light pole installation:
  The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a solar collector panel. The overall height of the parking lot light pole and solar collector shall not exceed 40 feet. Any necessary solar collector appurtenances shall be painted to match the light pole and fixture.
L.
No temporary or incomplete building, and no automotive equipment, trailer, recreational vehicle, garage or other use or building accessory to a family dwelling shall be erected, maintained or used for residential purposes.
M.
No accessory use or structure except basketball goals, flag poles and fences, as permitted, shall be located in any front yard.
N.
Unless otherwise specifically provided, any accessory use or structure greater than 10 feet in height shall be located a distance of at least 1/3 its height from any side or rear property line.
O.
The total floor area of all accessory uses listed in 18.390.060 shall not exceed 10% of the gross floor area of any building.
P.
A recycling collection point as defined in this Chapter may be permitted as an accessory use only after approval of a final development plan by the Planning Commission. Prior to granting any such approval, the Planning Commission shall consider the impact of the proposed activity and structure on:
1. 1.
  Adjacent properties and uses;
2. 2.
  The visual appearance of the area; and
3. 3.
  Traffic circulation on and off the site.
  In District A and all residential districts, recycling collection points may be permitted only in conjunction with a nonresidential use such as a school, church, or community building.
Q.
Bus Shelters.
Bus shelters may be erected upon issuance of the appropriate building permit(s) by the Planning and Development Services Department. Such permits shall be issued only if the following standards are met:
1. 1.
  The location of the bus shelter relative to street geometrics, traffic patterns and sidewalk locations does not create significant traffic hazards for vehicles or pedestrians, and does not create any obstacles to pedestrian access to the shelter.
2. 2.
  The bus shelter is located such that riders can safely and easily move from the shelter to the bus and the bus can move safely from the traffic flow to the shelter and then back into traffic.
3. 3.
  The bus shelter is anchored to a concrete pad.
4. 4.
  The location of the bus shelter does not interfere with the operation or maintenance of any existing or planned traffic control devices, stormwater or utility facilities, lines or equipment.
5. 5.
  The bus shelter, if located on private property, does not reduce the number of parking spaces below the required amount, or interfere with the safe circulation of vehicular and pedestrian traffic.
6. 6.
  The bus shelter is transparent in nature and if lighting is present, all light fixtures are cut-off fixtures shielding the light source at an angle of 90 degrees from vertical.
7. 7.
  The bus shelter does not contain any signs or advertising except for bus schedules, routing information and the logo(s) of the public transportation provider(s).
8. 8.
  The bus shelter is located a minimum of 2 feet from the back of the curb of any public street, and meets all sight-distance requirements.
9. 9.
  The bus shelter, if located within the public right-of-way, is subject to maintenance agreements.
10. 10.
  The bus shelter, if located on private property, is not subject to setback requirements from the public right-of-way.
R.
Swimming Pools and associated equipment.
1. 1.
  Setbacks:
  Swimming pools and associated mechanical filtering equipment located in residential areas shall meet the setback for accessory buildings per 18.180.070.
2. 2.
  Screening.
  1. a.
    In residential districts, mechanical filtering equipment and heating equipment of new in-ground pools shall be screened from view, unless the equipment is located greater than 25 feet from any rear or side property line.
  2. b.
    Any mechanical equipment visible from streets shall be screened.
  3. c.
    An approved solid privacy fence at the property line shall be deemed as providing required screening.
  4. d.
    Screening shall be any combination of landscaping, solid fence, or other enclosure. The screening shall be approved by the Director prior to a permit being issued for the pool.

Effective on: 1/1/1901