Proposed annexation: Frequently Asked questions
City staff have created this list of "Frequently Asked Questions" to give general guidance as to how various codes of the city will or will not be enforced in the annexed area if the Johnson County Board of County Commissioners (BOCC) approves the city’s proposed annexation plan.
This FAQ is not intended to answer every question that an owner or resident may have since most questions of this nature are fact-specific and must be examined on a case-by-case basis. It also is not intended to be an exhaustive list of all possible questions that could arise; rather, it is a list of questions that came to the staff’s attention during the city’s 2002 annexation process, and the questions that have come up during the current annexation process.
- Grandfathering
- Zoning District Classification
- Private Septic System and Public Sanitary Sewers
- Dogs and Cats
- Leash Law
- Farm Animals
- Hunting and Skeet Shooting
- Excise Tax
- Tall Grass and Weeds
- Outdoor Storage
- Open Burning
- Property Taxes
- Home Occupation
- Gravel Driveway
- Bow Hunting
- Noise
- Inoperable Vehicles
- Exterior Property Maintenance
Q1. Has the city considered allowing the land proposed to be annexed to remain subject to certain county regulations following annexation rather than city regulations (“Grandfathering”)?
A. Yes. On Sept. 10, 2007, the city adopted Resolution No. 3619 wherein the city committed to passage of a series of six ordinances if the BOCC approves the city’s proposed annexation. As discussed more specifically in the answer to the zoning question, below, the first of the six ordinances would incorporate certain provisions of the Johnson County Zoning and Subdivision Regulations into the city’s Unified Development Ordinance (UDO), and would make those county zoning regulations enforceable on the annexed land for so long as the individual tracts of land retain their county zoning designations.
Changes in zoning would be allowed only to a city zoning district, and after rezoning to a city zone the city’s zoning regulations would apply to that tract of land. Also, expiring county-issued conditional use permits will be required to renew under the special use permit procedures and substance found in the city’s Municipal Code (OPMC).
As discussed more specifically in the answers to Questions 4, 8, 10, 16 and 17, below, the other five ordinances would make inapplicable to the annexed area certain regulatory provisions found throughout the OPMC so that the county’s provisions on those subjects found in the Johnson County Zoning and Subdivision Regulations can be applied and enforced by the city. Please note, however, that Resolution No. 3619 of the city contains two provisos. The first proviso is that “if the BOCC hereafter amends the Johnson County Zoning and Subdivision Regulations, the city may consider adopting its own amendments to the affected regulations.”
The second proviso is that the six ordinances would be “subject to review and re-evaluation involving a public hearing before the city’s Planning Commission and Governing Body 10 years following the date of passage of the ordinances, and to possible modification or elimination at that time.” The city adopted these same sorts of grandfathering measures in connection with its county-approved annexation in 2002.
Q2. Will the zoning district classification of my property change after annexation?
A. Pursuant to Section 18.100.080 of the UDO portion of the OPMC, property in the annexed area will retain its county zoning designation until such time as the property is rezoned pursuant to the provisions of the UDO. Also, pursuant to Resolution No. 3619, adopted on Sept. 10, 2007, the Council has committed to enact Ordinance No. ZRR-2691 following approval of the annexation by the BOCC. That ordinance would incorporate by reference into the U.D.O. certain provisions of the Johnson County Zoning and Subdivision Regulations, including all the zoning district regulations. Thus, all of the current permitted uses, accessory uses and development standards will remain the same unless the property owner requests or authorizes rezoning.
Q3. Our property is served by a private septic system. Will we have to connect to public sanitary sewers if the annexation is approved?
A. Provision of public sanitary sewers is governed by the Johnson County Unified Wastewater District (Johnson County Wastewater), not the city. Sewer districts are created following presentation to Johnson County Wastewater of a petition from the owners of 51 percent of the acreage within the proposed district. See Johnson County Charter Resolution No. 29-92, Article III, Section 2 B.
The city's only direct involvement in the creation of sewer districts is that if the boundaries of a proposed sewer district extend into the city limits, the district may not be created by Board of County Commissioners without the consent of the city. See Johnson County Charter Resolution No. 29-92, Article III, Section 2 C. 3. In addition, in order for any sewer district to be created within the city's "fringe area" (the unincorporated area within three miles of the city limits), it must be approved by 3/4 majority vote of the Board of County Commissioners, or six of the seven board members. See K.S.A. 2006 Supp. 19-270. The city requires connection to public sewers when a property is located within 400 feet of the public sewer. See OPMC §16.180.101.3. However, it has been the past practice of the city to require connection to a public sewer only if and when the existing septic system has failed. Also, the sewer district would have to be enlarged to include a property the city might require to connect.
Q4. Are the city’s regulations more restrictive than those of the county with respect to the keeping of dogs and cats?
A. Generally speaking, the city’s regulations are more restrictive than the county’s. However, as stated in answer to Question No. 1, above, by adoption of Resolution No. 3619, the city has committed to adopt certain of the county’s zoning regulations, including those pertaining to the number of dogs and cats that may be kept, and apply them to the annexed area, if the annexation is approved. By virtue of that same Resolution, the city also has committed to adopt Ordinance No. DAC-2693 if the annexation is approved. Thus, following annexation, an owner of a tract in the annexed area smaller than 20 acres in size will be able to keep an aggregate of four adult dogs and cats, and an owner of a tract in the annexed area larger than 20 acres in size will be able to keep an aggregate of seven adult dogs and cats, as a matter of right, just as they can in the county. Ordinance No. DAC-2693 also will extend the “special animal permit” provisions of OPMC §6.04.051 to the annexed area, if the annexation is approved. Thus, a person in the annexed area wishing to keep more than the number of dogs and cats permitted by the county zoning regulations, will be able to apply to the City Clerk for a special animal permit to keep more than the number of dogs and cats permitted by the county regulations, if the requirements of the special animal permit section are met.
There are other requirements imposed in the city that are not imposed by the county. The city requires that dogs and cats be licensed, it imposes annual license fees and it conducts an annual animal census, whereas the county does not. OPMC §6.04.010.
Q5. Will the city’s leash law apply to the annexed area?
A. The city requires that dogs be confined to the premises (not allowed to wander off the premises), and the county does not. OPMC §6.08.020. As a practical matter, however, the city’s Animal Control Officers do not patrol rural areas looking for violations of these provisions and enforce only in response to a complaint. Cats are subject to a slightly less stringent standard in the city. They are allowed to be outside the control of the owner (wander off the premises) unless a neighbor complains or the cat causes damage to property or injury to persons or animals. OPMC §6.08.020.
Q6. How do the city’s regulations compare to the county’s with respect to the keeping of farm animals?
A. The county zoning regulations contain provisions relating to the keeping of farm animals as either permitted uses (as in RUR for animals kept as part of an agricultural use) or as accessory uses. Hogs, ruminants and similar animals are not permitted by the county in the Residential or Planned Residential districts or in any district on lots smaller than 10 acres. Horses, ponies, poultry or small domesticated animals (other than those commonly kept as household pets) are permitted as accessory uses in any district on lots of less than 10 acres subject to certain restrictions. One horse or pony is permitted on lots no smaller than two acres, and one additional horse or pony for each additional one and one-half acres of land area. On lots three acres or larger, but less than 10 acres, 15 poultry or small domesticated animals (other than those commonly kept as household pets) are allowed for the first three acres of lot area, with five additional poultry or small domesticated animals allowed for each additional acre of lot area. Keeping horses, livestock or similar animals on tracts less than two acres, or poultry on tracts of less than 10 acres, in amounts in excess of these restrictions requires a conditional use permit.
Under the city’s UDO, unless the primary use of the property is agricultural use, in order to keep farm animals (e.g., horses, cows and chickens) on lots smaller than three acres, a property owner must obtain a special use permit. OPMC §18.390.140.A. By adopting the county zoning regulations, this latter provision of the UDO would become inapplicable, so long as the property owner retains his/her county zoning. However, OPMC Chapter 6.15 also contains regulations affecting the keeping of horses, mules, donkeys and other equines. Included among those regulations is an equine density provision which differs from that in the county zoning regulations. Section 6.15.030 allows no more than one equine for each 20,000 square feet of contiguous gross land area. Thus, while the county zoning regulations would permit one horse on a two acre lot, and the UDO. would not (without a special use permit), once the tract size reaches three acres or more, the city regulations are more permissive.
Q7. If the annexation is approved, will hunting and skeet shooting be allowed?
A. Annexation could result in some changes for property owners with respect to the use of their land for the discharge of firearms. The county does not impose any regulations regarding the discharge of firearms; the Sheriff’s Department merely enforces state law. The general statute for criminal discharge of a firearm, K.S.A. 21-4217, prohibits the discharge of a firearm on or onto the property of another without the permission of the owner or a person in possession of the property. Exceptions are made for law enforcement personnel and others.
As a general rule, it is unlawful to discharge a firearm in Overland Park, subject to exceptions for certain classes of persons similar to those in the state statute. OPMC §11.60.040. Unlike the state statute, however, the permission of the owner or person in possession of the property would not constitute a general defense to prosecution for violation of the ordinance. There is a limited exception that allows hunting on land that is “primarily rural or devoted to agricultural use” by a person holding a valid Kansas hunting license with the written permission of the landowner. In addition, if the hunting is to take place on land that is less than 40 acres, the hunter also must have the written permission of all landowners or persons in possession of all land contiguous to the land on which the hunting will take place. In addition, any person otherwise lawfully hunting within the city may not discharge a firearm or other projectile within 500 feet of property on which a residence, school, church, airport, cemetery, or public recreation facility is located.
OPMC §11.60.040 allows target/skeet shooting on land that is primarily rural or devoted to agricultural use under the same conditions as are attached to hunting in the city.
Q8. Will I have to pay the city’s development excise tax if the annexation is approved?
A. The city’s development excise tax, which is currently in the amount of 21½ cents per square foot, is used to fund thoroughfare construction and improvements. The city requires payment of the excise tax only when a final plat is recorded. If platting is not required, no tax is paid. Generally, platting is required when the property is subdivided into two or more parcels of five acres or less in size, or when a person applies for a building permit to build a building. Currently, land that is zoned Agricultural is exempt from platting requirements for issuance of a building permit, as is property zoned RUR under the Johnson County zoning regulations that was annexed in 2002. In addition, the open space portion of land that is zoned RP-OE under the city’s zoning regulations and that has a net density of one unit or less per five acres is not required to plat. By adoption of Resolution No. 3619 on Sept. 10, 2007, the City Council committed to enacting Ordinance No. ZRR-2692 if the annexation is approved, which would extend the exemption from platting to the newly-annexed properties that are zoned RUR.
Q9. Does the city require mowing of tall grass and weeds?
A. OPMC Chapter 7.20 requires mowing of grass, weeds and other vegetation that is over 10 inches long. OPMC §7.20.190 provides that the ordinance shall be inapplicable to “[l]and zoned for agricultural uses or to undeveloped tracts of land zoned other than for agricultural uses if such tract is one contiguous tract, not intersected by any public roadways and is greater than 20 acres.” That exemption is limited, however, in that the property owner of a non-agriculturally zoned tract is still responsible for perimeter mowing of grass and weeds along streets and along property lines of adjacent residential and commercial properties and where mowing is necessary to prevent identifiable health or safety problems (fire hazards, proliferation of vermin, etc.).
Q10. Will annexation result in a change regarding outdoor storage of farm equipment, recreational vehicles, boats, campers and other similar items?
A. OPMC §7.22.080 governs the parking or storage of recreational vehicles, boats, campers and hauling trailers, and it contains an exemption for property having a Johnson County zoning designation. Thus, those properties will continue to be governed by the county zoning regulations. Outdoor storage of farm equipment and other items is dealt with elsewhere in the Code, at OPMC §§ 7.26.170 and 7.26.175. By adoption of Resolution No. 3619 on Sept. 10, 2007, the City Council committed to enacting Ordinance No. PM-2694 if the annexation is approved, which would exempt annexed property having a county zoning designation from those provisions. Thus, those properties retaining their county zoning would continue to be governed by the provisions of the Johnson County zoning regulations relating to outdoor storage.
Q11. Does the city allow open burning of fields and of brush?
A. City and county regulations relating to open burning are virtually identical. By adoption of Resolution No. 035-02, the Board of County Commissioners incorporated by reference the International Fire Code (“IFC”), 2000 Edition, with certain amendments, codified as Article 10 of the Johnson County Code of Regulations for Buildings and Construction, 2002 Edition. Among the amendments is an amendment to Section 105.6.31 of the IFC. As amended, the county requires an operational permit for open burning to be obtained from the appropriate fire district, in this case Johnson County Fire District No. 2 (Rural). The application for an operational permit must include information regarding the purpose of the proposed burning, the nature and quantities of material to be burned, the time and date when such burning will take place, the location of the burning site, and the name and phone number of the person responsible for supervision of the burning. The city has adopted the 2006 Edition of the IFC. The city’s amended version of Section 105.6.30 of the 2006 IFC is codified at OPMC §16.120.105.6.30. The only difference between this section and the county’s regulation is that the operational permit is issued by the Overland Park Fire Department. Otherwise, the conditions for obtaining an operational permit are the same.
Q12. How will annexation affect property taxes?
A. After annexation, the City of Overland Park property tax mill levies will be applied to the annexed properties instead of the Aubry Township mill levy and the Johnson County Fire District No. 2 (Rural) General and Ambulance mill levy (the Fire District’s Bond and Interest mill levy will continue to be applied). Using tax year 2007 levies, this would result in a net reduction of 5.478 mills. In that event, a hypothetical owner of a residential house or rural farmstead having an appraised value of $333,400 would save approximately $210 in real property taxes. That will be somewhat offset because the property owner will be paying city franchise fees on utilities, a storm water utility fee and city-wide sales taxes on utilities that he/she does not presently pay. The exact amount of such offsets is going to be dependent upon the circumstances affecting the specific property and the amount of utility usage, but for the hypothetical owner referenced above it is estimated that those offsets would be approximately $179 per year. If that were the case, the net effect would be that the owner will experience a $31 net decrease in cost per year by virtue of annexation
We have been told by the Johnson County Appraiser that mere annexation will not result in an increase in appraised or assessed value of land.
Amended 1/30/08
Q13. Does the city allow people to run businesses out of their homes (“home occupation”)?
A. Under OPMC §18.390.030.I, home occupations are permitted as accessory uses in the Agricultural district and in all residential zoning districts. Development and performance standards for the operation of a home occupation are set forth in OPMC §18.390.140.F. However, unless a property owner rezones the property to a city zoning district after annexation, the ability of a homeowner to operate a business out of the home will still be governed by the Johnson County zoning regulations. Under Article 18, Section 5, of the county zoning regulations, home occupations are permitted as accessory uses in all Rural, Planned Rural, Residential and Planned Residential Districts. That section also imposes development and performance standards for home occupations. The County regulations prohibit certain specified types of home occupations.
Q14. I have a gravel driveway from the street to my house. After annexation, will I be able to keep it and expand it, or will I be required to upgrade it to a hard surface?
A. OPMC §7.22.060 generally prohibits parking or storage of a vehicle outside of a building on any surface other than a paved driveway or paved parking area. However, Sub-paragraph C of that section exempts properties that have a zoning designation based on the Johnson County Zoning Regulations from application of the section. Thus, so long as the property retains its county zoning designation it is not subject to application of the section. And even if the property were to be rezoned to a city zoning designation, other exemptions found in Sub-paragraph B of the section might apply.
Q15. Does the city allow bow hunting?
A. The city allows bow hunting on tracts 30 acres or larger in size with the written consent of the occupant or landowner, provided that no arrow may be shot within 500 feet of a residential dwelling, and provided that the hunter has secured the written permission of all landowners or persons in possession of contiguous land when the tract on which the hunting will take place is between 30 and 40 acres in size. O.P.M.C. §§11.12.155 and 11.60.070. The staff intends to propose elimination of the final proviso to the Public Safety Committee of the Council.
Amended 1/30/08
Q16. Will the city’s noise ordinance apply to the annexed area?
A. The city has an ordinance, OPMC Chapter 7.08, that outlaws certain “noise disturbances.” By adoption of Resolution No. 3619, the City Council committed to enacting Ordinance No. NOI-2696 if the annexation is approved, which would exempt from the noise disturbance provisions sounds originating from private property that retains its county zoning designation. The result will be that the only noise restrictions applicable to such properties would be those restrictions found in the county zoning regulations. However, since the county’s zoning regulations do not address the subject of noise emanating from public property, such as noise from boom boxes in cars being driven down public streets, the city’s noise ordinance will apply to such noise.
Q17. How do the city’s regulations compare to the county’s with respect to inoperable vehicles?
A. The city ordinance regarding inoperable vehicles (OPMC Chapter 7.22) and the county’s regulations on that subject (Article 16, Section 5 of the County zoning regulations) are very similar. Generally speaking, both require that vehicles that are inoperable due to the fact that they are wrecked or are otherwise unable to operate or are not currently registered must be stored in an enclosed building, such as a garage or barn. The main difference between the two is that under the county’s regulations, a vehicle is only considered to be inoperable if it has been unable to operate for a continuous period of 10 days or more or if its registration has been expired for six months or more. By adoption of Resolution No. 3619, the City Council committed to enacting Ordinance No. PMV-2695 if the annexation is approved, which would exempt annexed properties retaining their county zoning designations from the city’s inoperable vehicles ordinance, thereby allowing the county’s zoning regulations to control.
Q18. With respect to exterior property maintenance, will the city’s code provisions or the county’s code provisions apply to the area proposed to be annexed?
A. City and county regulations relating to exterior property maintenance are nearly identical. By adoption of Resolution No. 035-02, the Board of County Commissioners incorporated by reference the International Property Maintenance Code (“IPMC”), 2000 Edition, with certain amendments, codified as Article 9 of the Johnson County Code of Regulations for Buildings and Construction, 2002 Edition. The city has adopted the 2006 Edition of the IPMC, with certain amendments, codified at OPMC Chapter 16.190. The city’s code provisions, including both the provisions of Title 7 of the OPMC and the 2006 Edition of the IPMC, will apply to the annexed area except when they are in conflict with provisions in the county's zoning regulations, in which case the provisions of the county's zoning regulations will prevail. However, the 2000 Edition of the IPMC are not part of the county's zoning regulations. At this time, the city’s enforcement practice is complaint based but with an element of inspector-initiated complaint origination as well.
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For more information or to discuss any of the questions and answers, contact Sean Reilly, the city’s communications manager, at 913/895-6109.
10/23/07