UDO Sec. 18.50.025 governing Olathe ADUs does not contain an express owner-occupancy mandate. ADUs must remain accessory to a principal single-family dwelling on the same lot, which preserves the single-family character but does not on its face require the owner to live in either unit. Applicants should confirm current interpretation with the Olathe Planning Division.
Olathe's ADU provisions in UDO Sec. 18.50.025 establish dimensional and design standards (size cap of 1,000 sq ft or 50% of principal, two-bedroom maximum, six-foot front offset, ten-foot rear setback, two-story height limit, matching architectural style) but the publicly available text of the section does not include an explicit owner-occupancy clause comparable to ordinances in cities like Omaha or Lawrence. The ADU must be 'accessory to a principal single-family dwelling unit on the same lot,' which limits ADUs to single-family parcels but does not by itself compel the owner to reside in either unit. Because UDO interpretation can change through staff policy, recorded plat conditions, planned-district overlays, or special-use conditions, applicants must confirm the current rule with the Olathe Planning Division (913-971-8750) before relying on this analysis. Kansas has no statewide ADU preemption — KSA 12-741 et seq. leaves owner-occupancy questions to municipalities. Short-term rental status of an ADU is unregulated in Olathe (see the short-term rental category), though the home occupation rules in UDO Sec. 18.50.070 may apply to certain home-based ADU rental activity.
Because no express owner-occupancy mandate is found in the published UDO text, enforcement risk is limited to other UDO requirements (size, setback, single-family-only siting). Operating an ADU on a non-single-family parcel violates Sec. 18.50.025 and may result in a Code Enforcement notice and abatement order under O.M.C. Title 18.
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