Title 16 - Buildings and Construction

16.300.100 Building Code - Incorporation

16.300.105.3

Section 105.3 of the International Building Code is hereby amended to read as follows:

105.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall:

1.

Identify and describe the work to be covered by the permit for which application is made.
2.

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3.

Indicate the use and occupancy for which the proposed work is intended.
4.

Be accompanied by construction documents and other information as required in Section 107.
5.

State the valuation of the proposed work.
6.

Be signed by the applicant or the applicant’s authorized agent.
7.

Give such other data and information as required by the building official.

105.3.3 Potable water supply confirmation. A permit shall not be issued until written evidence is presented to the building official confirming the availability of a satisfactory potable water supply. A public water main shall be considered available when the lot or tract is located within 200 feet of a public water main. Applicants from areas within the corporate limits of the City that are also within areas under the jurisdiction of a duly constituted water district shall connect to the water service supplied from the water district if available. Applicants from areas within the corporate limits of the City that are not within an area under the jurisdiction of a duly constituted water district shall submit confirmation from the Johnson County Health Director that the proposed water supply meets the required standards for health and safety.

Exception: On structures other than one- and two-family dwellings, the building official may issue a building permit prior to receiving the confirmation of availability if all the following conditions are met:

1.

Documentation acceptable to the City is provided showing the status of the application to the water district.
2.

The applicant acknowledges in writing with an understanding that prior to any form of temporary or final occupancy permit being issued by the City, a permit issued by the water district must be submitted to the City.

105.3.5 Connection to public sewer. No building permit shall be issued for any new building until the applicant has submitted to the City a Wastewater Connection Permit.

Exceptions:

1.

The building is not located within a legally established sewer/wastewater district.
2.

Sewers are not available as determined by the sewer district.
3.
On structures other than one- and two-family dwellings, the building official may issue a building permit prior to receiving the sanitary sewer permit if all the following conditions are met:
1. 1.
  
  Documentation acceptable to the City is provided showing the status of the application to the Wastewater District.
2. 2.
  
  The applicant acknowledges in writing an understanding that prior to any form of temporary or final occupancy permit being issued by the City, a permit issued by the Wastewater District must be submitted to the City.

105.3.5.1 Private sewage disposal facilities. Where a public sewer is not available, a private sewage disposal system designed and constructed in accordance with the Johnson County Environmental Sanitary Code 2025 Edition (and amendments thereto) that has been properly permitted or licensed thereunder by the Johnson County Department of Health and Environment (“JCDHE”), shall be acceptable and the City consents to and grants JCDHE jurisdiction to enforce the Johnson County Environmental Sanitary Code within the City’s corporate boundaries. The private sewage disposal system permit or license from JCDHE must be obtained prior to the construction of the system and prior to the City’s issuance of a building permit for the primary structure, and a copy of the JCDHE permit or license and approved plan shall be submitted to the Building Safety Division.

105.3.5.2 Temporary sewage disposal system. In lieu of a connection to the public sewer the building official may approve the installation of a temporary sewage disposal system. The following information shall be provided by the permit applicant:

1.

Written documentation from the Johnson County Waste Water District that a public sewer is not available as well as the date when the public sewer will be available for connection.
2.

Written documentation which establishes the need for the use of a temporary sewage disposal system for a specific time period.
3.

Written documentation which gives assurance that the temporary disposal system will be removed and a connection to the public sewer will be made within the time frame set by the building official.
4.

Construction documents showing the design and construction of the temporary sewage disposal system conforms to the holding tank requirements of the Johnson County Environmental Sanitary Code 2025 Edition (and amendments thereto). The use of the building shall not utilize commercial cooking operations or any material that would be detrimental to the system.

105.3.7.1 Moving buildings or structures within or into the City limits. A permit for a foundation, or a new single family or remodel permit shall be secured prior to the issuance of a permit to move a building or structure. The foundation shall be constructed prior to the building or structure being moved. All applications for permits to move buildings or structures within the City limits of Overland Park or into the City shall include the following information:

1.

The dimensions of the building or structure as to length, width and height at its highest point when loaded for moving.
2.

A letter verifying that all utilities have been disconnected, i.e. gas, electric, water, and sewer. A verbal or electronic communication from the utility company is acceptable in lieu of a letter.
3.

A letter or electronic communication from any utility company having overhead lines along the proposed route indicating that they have approved the route.
4.

Letters from the Police Department and the Public Works Department approving the date, time and route of the move.
5.

A letter indicating the day and hour when the move is to start; the length of time required for the move; and the number and type of escort vehicles.
6.

A map showing the route of the move.
7.

A copy of the state highway move permit, if applicable.
8.

Copies of written notices to the owners of adjacent lots along the route who may be affected by utility disconnects. The letter will give the date and time of the move.
9.

Written permission from the private property owner to trim any trees on private property necessary to provide clearance for the move along the proposed route.
10.

Written permission from the City Forester to trim trees in the public right-of-way necessary to provide clearance for the move along the proposed route.
11.

Sewer permit from Johnson County Wastewater District, or a septic tank or holding tank permit as allowed by Sections 105.3.5.1 and 105.3.5.2.
12.

Letter from WaterOne certifying the availability of the water supply as specified in Section 105.3.3.
13.

Verification from the Fire Department of a satisfactory fire hydrant location per Section 105.3.4.
14.

Verification from the Current Planning Division that the building or structure to be moved is architecturally compatible with adjacent buildings or structures in the area where the building or structure is to be moved.
15.

Verification by Building Safety that the building or structure meets current adopted codes and standards.
16.

A plot plan, sealed by a Kansas design professional, showing the property or lot where the building or structure is to be moved. A legal description of the property shall be included.

105.3.7.2 Buildings or structures being moved out of the City or passing through the City. All permit applications for moving buildings or structures out of or through the City shall include the following information:

1.

The dimensions of the building or structure as to length, width and height at its highest point when loaded for moving.
2.

A letter verifying that all utilities have been disconnected, i.e. gas, electric, water, and sewer. A verbal or electronic communication from the utility company is acceptable in lieu of a letter.
3.

A letter or electronic communication from any utility company having overhead lines along the proposed route indicating that they have approved the route.
4.

Letters from the Police Department and the Public Works Department approving the date, time and route of the move.
5.

A letter indicating the day and hour when the move is to start; the length of time required for the move; and the number and type of escort vehicles.
6.

A map showing the route of the move.
7.

A copy of the state highway move permit, if applicable.
8.

Copies of written notices to the owners of adjacent lots along the route who may be affected by utility disconnects. The letter will give the date and time of the move.
9.

Written permission from the private property owner to trim any trees on private property necessary to provide clearance for the move along the proposed route.
10.

Written permission from the City Forester to trim trees in the public right-of-way necessary to provide clearance for the move along the proposed route.

105.3.7.3 Conditions of the permit. In addition to other provisions of the Code, the permit holder shall be responsible for compliance with the following:

1.

Move a building or structure only over streets approved by the Department of Public Works and the Chief of Police and designated for such use in the written application.
2.

Notify the building official within 48 hours of move in writing of a desired change in moving date and hour and route of move as proposed in the application. Change of route must be approved by the building official before initiating the move.
3.

Notify the building official in writing of any and all damages to public and private property within 24 hours after the damage has occurred.
4.

It shall be the duty of any persons moving any building or structure to display red lanterns or other warning devices used in compliance with City traffic ordinances or state statutes thereon in such a manner as to show the extreme height and width thereof from 30 minutes after sunset to 30 minutes before sunrise, and shall have sufficient escort as provided by City ordinance, state statutes, or as determined as necessary for the public safety by the Chief of Police.
5.

No building or structure or any part of any building or structure being moved shall be left in the parkway, street or on the dedicated right-of-way line between the curb and the front property line of any lot.
6.

Any open foundation or excavation shall be protected by a minimum four foot tall fence. Erosion and sediment control measures shall be put in place as needed and shall remain in place until vegetation has been established.
7.

Within 30 days of the move, all debris and miscellaneous building materials shall be removed from the site. The existing foundation shall be demolished. All excavations shall be filled to grade.

(History: Ord. No. BC-3499 §10, 2026; Ord. BC-3466 §2, 2024; Ord. BC-3286 §8, 2020; Ord. BC-2936 §8, 2012; BC-2635 §§11, 12, 13, 14,15 & 16, 2007; §BC-2578 §§1 & 2, 2005; BC-2459 §§9, 10, 11, 12, 13, 14 & 187, 2004; BC-2237 §1, 2001; Source or prior law: 16.04.046 (part), 16.04.350, 16.04.351, 16.04.365, 16.04.370 (part), 16.04.375, 16.04.380 (part), 16.04.185 (part) & 16.04.415; 16.24.020, 16.24.030, 16.24.040, 16.24.050 & 16.24.060 (part); BC-2171 §1, 99; BC-2013 §§4 & 6, 97; BC-2002 §1, 96; BC-2001 §1, 96; BC-1940 §1, 95; BC-1824 §§6, 7, 10, 11, 12, 13, 14, 21, 94; 7.52.032 (part); SS-1701 §1, 91; SM-1553 §1, 88; SM-1364§1, 86; SM-557 §§2, 3, 4, 5 & 6, 69)

Effective on: 1/1/1901