Overland Park's Unified Development Ordinance (Title 18 OPMC) frames the ADU as a subordinate accessory use to the principal single-family dwelling. The accessory-use framework typically requires the owner to occupy either the primary dwelling or the ADU, verified at certificate of occupancy. HOA covenants in newer Overland Park subdivisions may add stricter rules under KSA 58-3801 et seq. (Kansas Uniform Common Interest Owners Bill of Rights Act).
Overland Park's Unified Development Ordinance (Title 18 OPMC) defines an Accessory Unit as a structure for living purposes that is not the primary structure or principal dwelling unit on a lot, capped at a 650 sq ft footprint. The accessory-use framework — enforced by Planning + Development Services — historically conditions ADU permits on the owner residing in one of the two units, preventing single-family lots from operating as de-facto duplexes. Compliance is typically verified at certificate-of-occupancy inspection. The owner provides proof of homestead through the Johnson County Appraiser's homestead exemption (KSA 79-201x), voter registration at the address, or a Kansas driver's license. Code Compliance (Community Services Division, 913-895-6270) investigates complaints; sustained non-owner-occupied operation can result in revocation of the ADU's certificate of occupancy. Many Overland Park subdivisions in the southern and western portions of the city (College Boulevard corridor, Blue Valley, Brookwood, Nottingham By The Green, etc.) are covenant-restricted; HOA documents commonly impose stricter rental restrictions enforced privately under the Kansas Uniform Common Interest Owners Bill of Rights Act (KSA 58-3801 et seq., applicable to communities formed after January 1, 2010). Kansas Property Code does not preempt municipal owner-occupancy conditions. Property owners considering an investor structure should consult Planning + Development Services before recording leases for both units.
Operating an ADU without owner occupancy may trigger zoning enforcement by the Community Services Division, notices of violation, daily fines through Overland Park Municipal Court, and potential revocation of the ADU's certificate of occupancy. HOA covenant violations are enforced privately by the association under recorded CC&Rs with declaration-based fines and lien rights under KSA 58-3801 et seq.
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