§ 18.50.020 Accessory Uses and Structures | Olathe Unified Development Ordinance

Purpose: Certain uses include subordinate uses or activities as a matter of course. This section defines uses that are normally considered subordinate to principal uses and that, when established, do not change the character of that use. This allows for the reasonable and economic establishment and maintenance of uses in zoning districts, while protecting their character and maintaining compatibility between uses.

1. This applies to uses and structures that are accessory to the principal use of the premises.

2. A use or structure is “accessory” when it is associated in conjunction with the principal use and is incidental and integrally related to the principal use.

3. The lists provided in the following subsections provide examples of accessory type uses which may be permitted, upon review by the City, in the various district categories. These lists do not represent an exhaustive list of possible accessory uses.

The following are accessory uses and structures in the “AG” (Agricultural) district:

1. All uses and/or structures as listed in subsection C, below, (Residential Districts).

2. Artist studio.

3. Fish farms.

4. Home occupation.

5. Incidental dwelling.

6. Irrigation equipment.

7. Storage areas for equipment and materials for any agricultural operation.

8. Sheds, garages, barns, silos and other outbuildings.

9. Stable, accessory to dwelling.

10. Wells, ponds or lakes.

11. Warehousing, storage, wholesale and distribution facilities.

12. Utility facilities, accessory to permitted use.

The following are accessory uses and structures in residential districts:

1. Child-care centers, preschools and Mother’s Day Out programs, in accordance with Section 18.50.035 and all other applicable City and state regulations.

2. Decks, patios and terraces.

3. Fences, walls or retaining walls, in accordance with Section 18.50.050.

4. Flag poles, under sixty (60) feet in height.

5. Garages, carports and sheds, in accordance with Section 18.50.060.

6. Up to six (6) garage sales during any one (1) calendar year on any one (1) premises. Each garage sale may occur for no more than three (3) continuous days.

7. Gardens.

8. Gates or guard houses for subdivisions or multifamily projects.

9. Gazebos or trellises.

10. Greenhouses.

11. Hobby activities. A “hobby activity” means an activity undertaken solely for personal enjoyment, amusement or recreation. A hobby activity is allowed if:

a. It does not conflict with any City ordinance; and

b. Articles produced or constructed on the premises are not sold on the premises, unless the activity complies with the requirements for a home occupation.

12. Home automotive repair is limited to tenant’s and/or occupant’s vehicles only.

13. Home occupations in the R-1 or R-2 districts, or in single-family or two-family dwellings in any other district, in accordance with Section 18.50.070.

14. Keeping of animals, not for sale, in accordance with Section 18.50.030.

15. Play equipment.

16. Recreation areas and buildings.

17. Satellite dish antennas, in accordance with Section 18.50.180.

18. Solar collectors, in accordance with Section 18.50.200.

19. Swimming pools.

20. Tennis courts.

21. Television and radio antennas.

22. Accessory dwelling units, subject to Section 18.50.025.

23. Utility facilities, accessory to permitted use. (Ord. 22-22 § 11, 2022)

The following are accessory uses and structures in all commercial and industrial districts:

1. Accessory structures as provided in subsection F, below.

2. Automotive repair and maintenance shops, in conjunction with gasoline service stations.

3. Alternative vehicle recharging station.

4. Car washes in conjunction with gasoline service stations.

5. Cafeterias and snack bars.

6. Charitable donation/recycle containers.

7. Dwelling units for security, management or maintenance personnel.

8. Electric vehicle charging stations.

9. Fences or walls, in accordance with Section 18.50.050.

10. Flag poles, under sixty (60) feet in height.

11. Food service and vending machines for tenants.

12. Gate houses.

13. Parking and loading areas, in accordance with Section 18.30.160.

14. Private parking garages, excluding C-1 and industrial districts.

15. Recreational areas and facilities.

16. Retail sales, accessory.

17. Satellite dish antennas, in accordance with Section 18.50.180.

18. Signs, in accordance with Section 18.50.190.

19. Solar collectors, in accordance with Section 18.50.200.

20. Storage lots for vehicles awaiting repair, in accordance with Section 18.30.130.

1. The following are accessory uses in the business park and office districts where located in buildings at the following sizes (measured in square feet of gross building area):

Accessory Use	Any Size	20,000 – 60,000 sf	> 60,000 sf
Accessory structures as provided in subsection F, below	✔
Barber shops and hair salons	✔	✔	✔
Banks and financial institutions, excluding drive-in or drive-through establishments	✔	✔	✔
Banks and financial institutions, including drive-in or drive-through establishments	S	✔	✔
Blue printing, graphics and photostatting services	✔	✔	✔
Business equipment, marketing display and repair	S	✔	✔
Child day-care services	✔	✔	✔
Health clubs	S	✔	✔
Dry cleaning and laundry pickup and delivery	S	S	✔
Electric vehicle charging stations	✔
Florists	S	S	✔
Gift shops	S	S	✔
Newsstands	✔	✔	✔
Pharmacies/drug stores	S	S	✔
Restaurants, excluding drive-through or drive-in service	S	✔	✔
Restaurants, including drive-through or drive-in service		S	S
Travel bureaus	S	✔	✔
Watchmen/caretakers	n/a	n/a	n/a
Cafeterias and snack bars	n/a	n/a	n/a
Laundry, coin operated	n/a	n/a	n/a
Restaurant, limited service or carry out	n/a	n/a	n/a
Utility facilities, accessory to permitted use	n/a	n/a	n/a

Notes:Check mark (✔) = permitted in the same manner as the principal use | S = special use permit required | Blank cell = not permitted.

2. Accessory uses listed in subsection E.1, above, located within the Business Park and/or O district, shall not have a separate building entrance to and from the accessory use unless:

a. The use is part of a vertical mixed-use building, with retail uses limited to the ground floor and office or residential uses on the upper floors, or

b. The entrance is integrated into the building façade in a way that does not change its appearance as an office building, and no separate freestanding sign or sign located above the ground floor is associated with the business.

The following are accessory uses and structures in all commercial and industrial districts:

1. Cafeterias and snack bars.

2. Commercial use in multifamily development.

3. Drive-in or drive-through service (for retail, restaurant).

4. Drive-through service (for financial institution).

5. Heliport.

6. Home occupation.

7. Laundry, coin operated.

8. Outdoor display and storage.

9. Retail sales, accessory.

10. Parking lots, surface, accessory to principal use.

11. Parking lots, underground or structure, as principal use.

12. Utility facilities, accessory to permitted use.

13. Watchmen/caretakers.

1. Trash, recycling containers, service and loading containers:

a. Are subject to Section 18.30.130.I, (Screening), and

b. Shall be located outside of any required parking space, in a location designated on the site plan, to the rear of the principal building.

2. Containers used to collect charitable or clothing donations, or publicly accessible recycling containers, are allowed in nonresidential districts or for education, public administration, health care, and institutional uses in residential districts. These containers are subject to the yard and location requirements of this subsection, and shall be located outside of designated parking spaces, traffic or fire lanes. Containers are also subject to the following:

a. Donation boxes must be located at or behind the required building setback and be substantially screened from view from any adjacent residential properties.

b. Where screening is required, screening shall be accomplished by the use of a solid fence, wall, or gate.

c. Donation boxes must be placed on a paved or solid surface.

d. No more than two (2) containers may be grouped at one (1) location on the property.

e. Donation box locations shall not impede normal traffic.

Uses other than those listed above may be determined to be accessory uses in any district based upon an interpretation by the Planning Official.

No accessory use or structure shall be located in any front yard, except as provided in Section 18.30.270.D (Yard Encroachments). (Ord. 22-22 § 11, 2022; Ord. 17-52 §§ 28, 41, 2017; Ord. 16-20 § 4, 2016; Ord. 02-54 § 2, 2002)