Accessory Dwelling Unit – Public Hearing Required
An Accessory Dwelling Unit (ADU) is defined as a dwelling unit that is accessory and secondary to the principal dwelling unit and under the same ownership in all respects. The Principal Dwelling Unit is defined to be the larger of the two dwellings. ADUs are not duplexes and is not intended to replace duplex and other multi-family zoning districts and dwellings.
1. Search Address
Before you create an application, make sure the address for your project is in the ‘unincorporated’ Johnson County area. Enter an address or KUPN number in the location search box provided. If the address returns with ‘Unincorporated Area’ then you can proceed with the permit application process. If your search returns with a ‘City’ name, then use the contact information provide to contact your city planning department.
2. Is this project eligible for administrative approval?
Before proceeding with the Public Hearing Required, ADU application, please review the Accessory Dwelling Unit Worksheet to confirm your project may be eligible for Administrative Approval.
3. Application Process
Before You Apply
Have you spoken to a Planner and scheduled a Development Review Committee Pre-Application Meeting? Download the Guidebook, review and completing the Questionnaire, call and speak to the Planner on Duty, 913-715-2209 to set up a meeting.
How to Apply
Note: All application material shall be submitted at least 45 days before a scheduled public hearing. Omission of any of the following items may delay the review and processing of the application.
- A complete application form.
- Legal Description and common street address of the property.
- Payment of filing fee. Make check payable to Johnson County Planning Department.
- Owner Authorization if not the legal owner of the property.
- A list of the owners of all properties within 1,000 feet of the subject property certified by a licensed abstractor, title company, or similarly qualified person.
- Ownership list and Legal Description Certification form.
- Development Plan (12 copies), including a site plan, elevations, and a table of building areas, in accordance with the requirements of Article 15, Sections 3 and 6 of the Zoning Regulations.
- Post a sign (supplied by the Planning Department) twenty (20) days before the scheduled Public Hearing. Complete Certification of Notification of Sign Posting form.
- A written narrative description.
- A complete Zoning Permit Application.
- Applicant or applicant’s representative MUST attend the Zoning Board Hearing.
Articles to Reference
- Article 4 – Application Procedures
- Article 15 – Development Plan Procedures
- Article 17 – Supplementary Height, Area, and Bulk Regulations
- Article 18, - Section 7(D) – Accessory Dwelling Units (page 14)
Planning Department Procedures
- Public Hearing: The Planning Department will schedule a hearing before the appropriate Zoning Board, which is responsible for hearing the Accessory Dwelling Unit Permit request.
- Posting of Sign: The Planning Department will supply the applicant with a sign to be posted on the property within 20 days prior to the date of public hearing.
- Newspaper Publication: The Planning Department will publish the Legal notice of the public hearing 20 days prior to the date of public hearing. (The applicant shall pay the publication cost.)
- Letter of Notification: The Planning Department will mail notices of the public hearing, by certified mail, to all property owners within 1,000 feet (list provided by applicant) of the subject property at least 10 days prior to the Public Hearing. (The applicant shall pay the certified mailing cost.)
- Protest Period: After the Zoning Board has made a recommendation to the Board of County Commissioners (BOCC), a 14-day protest period begins which allows owners of nearby properties the opportunity to file with the County Clerk a petition protesting the application.
- Board of County Commissioners (BOCC): After the protest period has concluded, the application will be brought before the BOCC for final action. If the BOCC disagrees with the recommendation of the Zoning Board, the application must be returned at least once to the Zoning Board for reconsideration before the BOCC takes final action.
- Zoning Permit: If the application is approved by the BOCC, then the applicant may apply for a building permit to construct the proposed Accessory Dwelling Unit. Prior to or concurrent with the Final building permit inspection, the subject real property will be reviewed to determine whether the actual site development conforms with the requirements of the approved development plan and other stipulations of approval. If the site is in conformance with the approved development plan and stipulations, then the Zoning Permit will be issued. The Zoning Permit must be approved before use of the accessory dwelling unit is allowed.