A new housing option is now allowable under the city of Merriam’s municipal code.
The Merriam City Council last week voted 7-0 to approve an ordinance allowing accessory dwelling units, sometimes called mother-in-law suites, within city limits. Councilmember Reuben Cozmyer was absent.
Other Johnson County cities like Olathe, Overland Park and Westwood already allow accessory dwelling units.
This type of housing stirred up controversy in Prairie Village’s housing debate in 2022 and 2023, but Prairie Village’s city code already allows for accessory living quarters — which requires tenants to be related to the primary property owner.
Here’s a look at Merriam’s city ordinance, drafted by city staff and the Merriam Planning Commission in 2024.
A look at the ordinance
- The new ordinance allows accessory dwelling units to be either attached to the primary residence or a completely separate building, according to city documents.
- The property owner must live in either the principal residence or the accessory dwelling unit.
- Newly built accessory dwelling units that stand alone “must have separate utility connections,” according to city documents.
- The principal residence and the accessory dwelling unit combined must keep the property’s impervious surface coverage at 75% or below.
- Additionally, the property’s driveway needs to provide a space for an accessory dwelling unit.
Read the entire ordinance in the embedded document below.
Loading...
Reload document 
Open in new tab How does Merriam define accessory dwelling units?
- Community Development Director Bryan Dyer told the city council that the city defines accessory dwelling units as livable spaces that are secondary to the primary residence.
- This can be directly attached to the primary residence, such as an area above the garage or a built addition to the main home.
- Accessory dwelling units can also be detached, like a mother-in-law suite or a detached garage.
- Dyer said the city’s research found that any accessory dwelling units that are built are typically “self-financed” by the primary residence’s owner.
An accessory dwelling unit can be a short-term rental
- Dyer told the city council on Jan. 13 that accessory dwelling units can be used as a short-term rental.
- Dyer said that in order for that to happen, the accessory dwelling unit must meet all short-term rental guidelines, including obtaining a landlord and a short-term rental license from the city.
- This also means that an accessory dwelling unit owner looking to use that structure as a short-term rental must be 1,000 feet away from the nearest short-term rental, Dyer said.
Keep reading housing news: Already over capacity, Lenexa homeless shelter Project 1020 asks the city to allow it to take in more people
