Title 7 - Health and Sanitation

1. A.
   Automobile Repair shall mean the repair or restoration of any Motor Vehicle body or parts, and shall include, without being limited to, glass installation and replacement, brake and muffler repair and replacement, window tinting, radio and stereo installation, tire and battery replacement, tune ups, repair and servicing of Motor Vehicle engines, including overhauls, transmission work, body work and painting.

Effective on: 1/1/1901

2. B.
   Chapter or this Chapter shall mean Chapter 7.22 of the Overland Park Municipal Code.

Effective on: 1/1/1901

3. C.
   City means the City of Overland Park, Kansas.

Effective on: 1/1/1901

4. D.
   Commercial Vehicle means any vehicle that meets a minimum of one of the following criteria:

   1. 1.
      The vehicle has a Gross Vehicle Weight Rating > 10,000 pounds;
   2. 2.
      The length of the vehicle exceeds 20 feet;
   3. 3.
       The width of the vehicle exceeds 8 feet;
   4. 4.
      The height of the vehicle exceeds 8 feet;
   5. 5.
      The vehicle has permanently mounted equipment, such as aerial buckets or platforms, welding equipment, mechanical or hydraulic devises designed to assist in loading and unloading freight; and
   6. 6.
      The vehicle is a step van, box van, bus, or a semi-tractor.

Effective on: 1/1/1901

5. E.
   Director means the Director of Planning and Development Services or his or her designee.

Effective on: 1/1/1901

6. F.
   Enclosed Building shall mean the primary structure or a detached garage fully enclosed by walls and a roof, with all windows or doors completely closed.

Effective on: 1/1/1901

7. G.
   Fifth-wheel Trailer means a Travel Trailer designed to be affixed to, and towed by, a Pickup Truck equipped with a special hitch in the truck bed.

Effective on: 1/1/1901

8. H.
   Folding Camper Trailer means a light-weight unit with sides that collapse for towing or storage, and is sometimes referred to as a fold-down camper, pop-up Trailer or tent Trailer.

Effective on: 1/1/1901

9. I.
   Former Military Vehicle means a vehicle, including a Trailer, regardless of the vehicle's size, weight, or year of manufacture, that was manufactured for use in any country's military forces or is a replica of such a vehicle.

Effective on: 1/1/1901

10. J.
    Front Surface of a Residence means that wall surface, or combination of surfaces, that is visible from the front lot line; provided, however, that surfaces which are perpendicular or nearly perpendicular to the front lot line are excluded, as are surfaces of minor building projections such as fireplaces or bay windows.

Effective on: 1/1/1901

11. K.
    Hauling Trailer means every vehicle without motive power designed to carry property and to be drawn by a Motor Vehicle, excluding a boat Trailer with a boat on it.

Effective on: 1/1/1901

12. L.
    Inoperable means:

    1. 1.
       A condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which it was originally constructed, or
    2. 2.
       The absence of a current valid registration plate upon such vehicle permitting that vehicle to be operated on the public streets and highways of the State of Kansas, or
    3. 3.
       The absence of one or more of the parts of the vehicle necessary for the lawful operation of the vehicle on the public streets and highways, unless the vehicle has a non-highway title issued solely because the vehicle was not manufactured for street use, or
    4. 4.
       The placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports.

Effective on: 1/1/1901

13. M.
    Motorized RV means a vehicle, also known as a motor home, which combines transportation and living quarters in one unit, ranging from a minivan up to a large bus-size. It does not include the tractor portion of a highway tractor-Trailer.

Effective on: 1/1/1901

14. N.
    Motor Vehicle means any automobile, truck, tractor, farm machinery or Motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time. For the purposes of this Section, the term "vehicle" not prefaced by the terms "motor," "commercial," "specially constructed" or "recreational" shall include any or all of the following, depending on the context and intended usage of that term: boat, Hauling Trailer, Commercial Vehicle, Motor Vehicle, Specially Constructed Vehicle or Recreational Vehicle.

Effective on: 1/1/1901

15. O.
    Officer of the City or City Officer means an Code Compliance Officer or a Police Officer employed by the City of Overland Park or any other individual designated as a City Officer by the City Manager.

Effective on: 1/1/1901

16. P.
    Passenger Car, Passenger Van, Pickup Truck or Motorcycle means a vehicle:

    1. 1.
       licensed for use on public streets,
    2. 2.
       designed primarily for the transportation of people as opposed to equipment, freight or other vehicles, and
    3. 3.
       sold primarily to individuals for personal use.

1.   
   This definition shall include automobiles commonly referred to as coupes, sedans, hatchbacks, station wagons, convertibles, sports utility vehicles, minivan, passenger van and pickup trucks. 
2.   
   Vehicles which would otherwise meet this definition but which have had modifications to the interior of the vehicle, such as removing rear seats in a van to allow the carrying of cargo, shall be deemed to be included within this definition. Vehicles which would otherwise meet this definition but which are carrying useful items commonly found in residential areas, such as ladders, saw horses, or building materials, shall be deemed to be included within this definition. Vehicles which would otherwise meet this definition but which have had accessories, such as racks, storage boxes or shells, added to the vehicle shall be deemed to be included within this definition.
3.   
   Vehicles which would otherwise meet this definition but which have had external modifications to the structure or body, but not including cosmetic changes or common vehicle accessories, shall be deemed to be excluded from this definition. Pickup Trucks that do not have the traditional pickup bed and side walls, and vans that have an expanded cargo area that is taller or wider than a passenger van are specifically excluded from this definition. Vehicle modifications which are specifically excluded from this definition include aerial buckets or platforms (e.g. "cherry pickers"), welding equipment, and mechanical lifts or arms designed to assist in loading and unloading freight. Vehicle types which are specifically excluded from this definition include, but are not limited to, step vans, box vans, flatbed trucks, buses, semi-tractors and Trailers, Former Military Vehicles, cement mixers, construction equipment, and any vehicle with dual rear axles.

Effective on: 1/1/1901

17. Q.
    Paved Driveway or Paved Parking Area means a hard-surfaced area designed and constructed specifically for use by motorized vehicles as a path for the vehicle to be driven across or as a location at which a vehicle could be parked or stored. Such driveways and parking areas shall include only that surface area that is continuously connected to a public or private street via a paved surface wide enough for use by a standard Passenger Car. The paving material for a "Paved Driveway or Paved Parking Area" shall consist of concrete, asphalt, paving bricks or similar material approved by the City. Gravel may be used as a paving material if it meets the requirements of Overland Park Municipal Code Section 18.410.075 as a nonconforming site improvement. The term "Paved Driveway" or "Paved Parking Area" may include a public or private street where on-street parking is permitted.

Effective on: 1/1/1901

18. R.
    Property Owner means any person, partnership or corporation who alone or jointly or severally with others has legal title to land and/or structures, or any person, partnership or corporation who is trustee or guardian of the estate of the title holder.

Effective on: 1/1/1901

19. S.
    Recreational Vehicle shall mean a vehicular-type unit which is:

    1. 1.
       built on a chassis or for use on a chassis, and
    2. 2.
       designed primarily as temporary living quarters for recreational or travel use, and
    3. 3.
       has its own motive power or is mounted on or drawn by another vehicle.

22.   
    This definition shall be limited to:

    1. 1.
       vehicles originally manufactured and sold as Recreational Vehicles meeting the conditions listed above, limited to a Folding Camper Trailer, a Truck Camper, a Travel Trailer, a Fifth-wheel Trailer or a Motorized RV, as shown on the attached illustrations,
    2. 2.
       minivans, full size vans or buses specifically modified to meet the three conditions listed above.
23.   
    This definition shall not include mobile homes, the tractor portion of a highway tractor-Trailer, or any Specially Constructed Vehicle. The exclusion of a highway tractor shall apply regardless of whether or not it was originally constructed with a sleeper unit or later modified for temporary living use.

Effective on: 1/1/1901

20. T.

    Resident or Tenant shall mean the person, partnership or corporation occupying or utilizing the primary structure on the site as a residence in a residential structure or as a business Tenant in a nonresidential structure.

Effective on: 1/1/1901

21. U.
    Residential Zoning Districts means that land area, including public and private streets, that is contained within one of the zoning districts defined by the Unified Development Ordinance of the City of Overland Park as a residential district. This definition shall include those sections of public and private streets that abut residentially zoned land on both sides.

Effective on: 1/1/1901

22. V.
    Section means the stated Section of the Overland Park Municipal Code.

Effective on: 1/1/1901

23. W.
    Specially Constructed Vehicle means any vehicle which shall not have been originally constructed under a distinctive name, make, model or type, or which, if originally otherwise constructed shall have been materially altered by the removal of essential parts, or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

Effective on: 1/1/1901

24. X.
    Trailer means every vehicle without motive power designed to carry property and to be drawn by a Motor Vehicle.

Effective on: 1/1/1901

25. Y.
    Travel Trailer means every vehicle without motive power designed to be towed by a Motor Vehicle and designed and constructed to be used primarily for temporary living quarters for recreational purposes.

Effective on: 1/1/1901

26. Z.
    Truck Camper means a detachable camping unit loaded onto, or affixed to the bed or chassis of an unmodified Pickup Truck or a detachable camping unit by itself.

Effective on: 1/1/1901

27. AA.
    Vehicle Owner means the person, partnership or corporation registered as the owner of a particular vehicle.

Effective on: 1/1/1901

28. BB.
    Zoning Ordinance or Zoning Regulations means the requirements and regulations of Title 18, Unified Development Ordinance.

Illustration A is incorporated into the Overland Park Municipal Code.

(History: Ord. PMV-3351 §1, 2021; Ord. PMV-2881 §3, 2010; PMV-2577 §1, 2008; PMV-2109 §1, 98; PMV-1900 §3, 95)

ILLUSTRATION A Recreational Vehicles
Class A motor home
Class B motor home
Class C motor home
Travel Trailer
Folding Camper Trailer
Fifth-wheel Trailer
Truck Camper

Effective on: 1/1/1901