Title 18 - Unified Development Ordinance

18.100.010 Short Title

This ordinance shall be known and may be cited as the Unified Development Ordinance, and may be cited and abbreviated as "U.D.O."

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.020 Authority

This ordinance is adopted pursuant to the authority contained in Article 7 of Chapter 12 of the Kansas Statutes Annotated, and amendments thereto, and Article 12, Section 5 of the Kansas Constitution.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.030 Jurisdiction

This ordinance shall be effective throughout the corporate limits of the City. Provided, however, that nothing herein shall be construed to preclude the City from engaging in extraterritorial planning activities pursuant to K.S.A. 12-747, and amendments thereto.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.040 Relationship to Other Provisions of the Code

1. A.
   The use of buildings and land within the City shall be subject to all other applicable provisions of the Overland Park Municipal Code as well as this ordinance, whether or not such other provisions of the Code are specifically crossreferenced in this ordinance. Crossreferences to other provisions of the Code in this ordinance are for the convenience of the reader; lack of a crossreference should not be construed as an indication that other provisions of the Code do not apply.
2. B.
   In interpreting and applying the provisions of this ordinance, they shall be construed to be the minimum requirements necessary for the promotion of public health, safety or the general welfare. Whenever this ordinance requires a lower height of a building or lesser number of stories, or requires a greater percentage of the lot to be left unoccupied, or imposes more restrictive standards than are required pursuant to any other statute or local regulation, this ordinance shall govern.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.041 Adoption by Reference of Overland Park Architectural Design Standards; Relationship to Other Provisions of the Code.

1. A.

   There is incorporated by reference, for the purpose of adopting Overland Park Architectural Design Standards within the City, the Overland Park Architectural Design Standards, dated November 4, 2024, as prepared by the City of Overland Park, Kansas. At least one copy of the Overland Park Architectural Design Standards shall be marked “Official Copy as Adopted by Ordinance No. ZRR-3461”, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.

2. B.

   Where provisions of this adopted code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of this adopted code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in mixed use projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. No. ZRR-3461 §1, 2024; Ord. No. ZRR-3416 §1, 2023; Ord. No. ZRR-3300 §22, 2020; Ord. ZRR-2837 §1, 2009)

Effective on: 1/1/1901

18.100.042 Adoption by Reference of Infill and Redevelopment Design Guidelines and Standards; Relationship to Other Provisions Of The Code.

1. A.
   There is incorporated by reference, for the purpose of adopting commercial and residential infill and redevelopment guidelines and standards within the City, the Infill and Redevelopment Guidelines and Standards, Final Draft, dated February 11, 2004, as prepared by the City of Overland Park, Kansas. Not less than three (3) copies of said Infill and Redevelopment Guidelines and Standards shall be marked Official Copy as Adopted by Ordinance No. ZRR-2458, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Where provisions of this adopted code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of this adopted code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in infill and redevelopment projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. ZRR-2458 §1, 2004, ZRR-2380 §1, 2002)

Effective on: 1/1/1901

18.100.043 Adoption by Reference of Overland Park Site Design Standards; Relationship to Other Provisions of the Code.

1. A.
   There is incorporated by reference, for the purpose of adopting Overland Park Site Design Standards within the City, the Overland Park Site Design Standards, dated November 4, 2024, as prepared by the City of Overland Park, Kansas. A copy of the Overland Park Site Design Standards shall be marked "Official Copy as Incorporated by Ordinance No. ZRR-3461," to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Where provisions of the Overland Park Site Design Standards are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of the Overland Park Site Design Standards are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in mixed use projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. No. ZRR-3461 §2, 2024; ZRR-3447 §13, 2024; ZRR-3416 §2, 2023; ZRR-3373 §1, 2023; ZRR-2837 §2, 2009)

Effective on: 1/1/1901

18.100.044 Adoption by Reference of Commercial Design Guidelines and Standards; Relationship to Other Provisions of the Code.

1. A.
   There is incorporated by reference, for the purpose of adopting commercial design guidelines and standards within the City, the Commercial Design Guidelines and Standards, Final Draft, dated February 11, 2004, as prepared by the City of Overland Park, Kansas. Not less than three (3) copies of said Commercial Design Guidelines and Standards shall be marked Official Copy as Adopted by Ordinance No. ZRR-2458, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Where provisions of this adopted code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of this adopted code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in commercial design projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them, where appropriate, in designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. ZRR-2458 §2, 2004, ZRR-2380 §2, 2002)

Effective on: 1/1/1901

18.100.046 Adoption by Reference of Multi-family Design Guidelines and Standards; Relationship to Other Provisions of the Code.

1. A.
   There is incorporated by reference, for the purpose of adopting multi-family design guidelines and standards within the City, the Multi-family Design Guidelines and Standards, Final Draft, dated February 11, 2004, as prepared by the City of Overland Park, Kansas. Not less than three (3) copies of said Multi-family Design Guidelines and Standards shall be marked Official Copy as Adopted by Ordinance No. ZRR-2458, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Where provisions of this adopted code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of this adopted code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in multi-family design projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them, where appropriate, in designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. ZRR-2458 §3, 2004, ZRR-2380 §3, 2002)

Effective on: 1/1/1901

18.100.048 Adoption by Reference of Overland Park Mixed Use Design Standards; Relationship to Other Provisions of the Code.

1. A.
   There is incorporated by reference, for the purpose of adopting Overland Park Mixed Use Design Standards within the City, the Overland Park Mixed Use Design Standards, dated January 9, 2023, as prepared by the City of Overland Park, Kansas. At least one copy of the Overland Park Mixed Use Design Standards shall be marked "Official Copy as Incorporated by Ordinance No. ZRR-3373," to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Where provisions of the Overland Park Mixed Use Design Standards are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of the Overland Park Mixed Use Design Standards are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in mixed use projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. ZRR-3373 §2, 2023; Ord. ZRR-2813 §1, 2009)

Effective on: 1/1/1901

18.100.049 Adoption by Reference of the Downtown Form-Based Code; Relationship to Other Provisions of the Code.

1. A.
   There is incorporated by reference, for the purpose of adopting the Downtown Form-Based Code within the City, the Downtown Form-Based Code, dated July 1, 2024, as prepared by the City of Overland Park, Kansas. A copy of the Downtown Form-Based Code shall be marked "Official Copy as Incorporated by Ordinance No. ZRR-3447," to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Where provisions of the Downtown Form-Based Code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified. Where provisions of the Downtown Form-Based Code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in downtown projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects.

(History: Ord. No. ZRR-3447 §14, 2024; Ord. ZRR-3416 §3, 2023; Ord. ZRR-3373 §3, 2023; Ord. ZRR-3370 §1, 2022; Ord. ZRR-3355 §15, 2022; Ord. ZRR-3247 §1, 2019 Ord. ZRR-3188 §1, 2018; ZRR-3134 §24, 2016; ZRR-3037 §1, 2016; ZRR-3045 §1, 2015; ZRR-2922 §1, 2011; ZRR-2887 §1, 2011)

Effective on: 1/1/1901

18.100.050 Relationship to Comprehensive Plan and Other Policies

It is the intention of the City that this Unified Development Ordinance implement the planning policies adopted for the City reflected in the Comprehensive​​​​​​​ Plan and other planning documents. While the City reaffirms its commitment that this Unified Development Ordinance and any amendment thereto be in conformity with adopted planning policies, the City hereby expresses its intent that neither this Unified Development Ordinance nor any amendment thereto may be challenged merely on the basis of an alleged nonconformity with the ​​​​​​​Comprehensive​​​​​​​ Plan or other planning policy.

(History: Ord. ZRR-3416 §4, 2023; ​​​​​​​Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.060 Relationship to Private Restrictions

The provisions of this ordinance are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Provided, that where the provisions of this ordinance are more restrictive or impose higher standards than any such private restriction, the requirements of this ordinance shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this ordinance, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions; private restrictions shall not be enforced by the City.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.070 Adequate Public Facilities and Services

1. A.
   At the time of submittal of a rezoning, special use permit or preliminary plat application, the applicant shall submit proof of having reviewed the development proposal with applicable water, sewer, fire, gas and electric utility officials. Proof of such review shall be provided on forms furnished by the Department of Planning and Development Services. Said forms shall provide an opportunity for applicable water, sewer, fire, gas and electric officials to provide comments on the existing and future availability and timing of services provided by their respective districts to the subject property.
2. B.
   At the time of submittal of final development plan or final plat application, the applicant shall submit proof that adequate water, sewer, fire, gas and electric services are presently available to the subject property. If adequate public facilities and services are not presently available at the time of submittal of applications for final development plans or final plats, or are not planned for the near future to appropriately serve the proposed development, as determined by the affected utility company or agency, the final development plan or final plat may be denied.

(History: Ord. ZRR-2343 §1, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.075 Unspecified Transportation Improvement Payments

As of the effective date of this provision, any owner and/or developer required to make an outstanding unspecified transportation improvement payment in accordance with a stipulation of any rezoning, special use permit or revised preliminary plan, shall be required to make the payment based only on the initial per-square-foot payment rate specified; and such owner/developer shall not be required to pay any higher amount set forth in any schedule within said stipulation that increases the per-square-foot on an annual basis. Provided, in the event any such rezoning, special use permit or revised preliminary plan is subsequently repealed and superseded by a subsequent rezoning, special use permit or revised preliminary plan that sets forth a different unspecified transportation improvement rate, the owner/developer shall pay based upon the per-square-foot rate set forth in the subsequent rezoning, special use permit or revised preliminary plan. Notwithstanding the above, no refund or credit shall be made on any unspecified transportation improvement payments made prior to the effective date of this provision.

Applicable rezoning ordinances include: REZ1984-00044; REZ1986-00032; REZ1986-00067; REZ1987-00001; REZ1987-00017; REZ1987-00019; REZ1987-00027; REZ1987-00034; REZ1987-00046; REZ1987-00059; REZ1987-00063; REZ1988-00008; REZ1988-00022; REZ1988-00026; REZ1988-00032; REZ1989-00015; REZ1989-00022; REZ1989-00027; REZ1990-00013; REZ1990-00019; REZ1993-00027; REZ1993-00030; REZ1993-00031; REZ1994-00006; REZ1994-00008; REZ1994-00009; REZ1994-00012; REZ1994-00019; REZ1994-00023; REZ1994-00026; REZ1994-00030; REZ1994-00032; REZ1994-00034; REZ1995-00015; REZ1995-00024; REZ1995-00032; REZ1995-00034; REZ1995-00035; REZ1996-00001; REZ1996-00002; REZ1996-00004; REZ1996-00005; REZ1996-00006; REZ1996-00013; REZ1996-00019; REZ1996-00021; REZ1997-00002; REZ1997-00008; REZ1997-00009; REZ1997-00019; REZ1997-00021; REZ1997-00025; REZ1997-00026; REZ1997-00030; REZ1997-00032; REZ1997-00042; REZ1997-00047; REZ1998-00004; REZ1998-00008; REZ1998-00013; REZ1998-00016; REZ1998-00020; REZ1998-00021; REZ1998-00025; REZ1999-00034; REZ1998-00042; REZ1998-00046; REZ1998-00047; REZ1999-00002; REZ1999-00006; REZ1999-00008; REZ1999-00009; REZ1999-00011; REZ1999-00022; REZ1999-00024; REZ1999-00025; REZ1999-00038; REZ2000-00004; REZ2000-00009; REZ2000-00010; REZ2000-00014; REZ2000-00021; REZ2001-00003; REZ2001-00004; REZ2001-00005; REZ2001-00006; REZ2001-00010; REZ2001-00011; REZ2001-00014; REZ2002-00001; REZ2002-00002; REZ2002-00003; REZ2002-00022; REZ2003-00006; REZ2003-00007; REZ2003-00015; REZ2003-00017; REZ2004-00002; REZ2004-00006; REZ2004-00007; REZ2004-00009; REZ2004-00016; REZ2004-00020; REZ2004-00023; REZ2004-00027; REZ2005-00023; REZ2005-00026; REZ2006-00001; REZ2006-00003; REZ2006-00007; REZ2006-00009; REZ2006-00013; REZ2006-00017; REZ2006-00019; REZ2007-00003; REZ2007-00006; REZ2007-00008; REZ2007-00020; REZ2007-00021; REZ2007-00022; REZ2007-00023; REZ2007-00025; REZ2008-00002; REZ2008-00006; REZ2008-00010; REZ2008-00011; REZ2008-00013; REZ2008-00014; REZ2009-00002; REZ2010-00001; REZ2011-00001; REZ2011-00010; and REZ2011-00012.

Applicable special use permits include: SUP1989-00058; SUP1996-00010; SUP1996-00031; SUP1996-00034; SUP1996-00046; SUP1996-00064; SUP1996-00066; SUP1996-00069; SUP1997-00045; SUP1997-00049; SUP1997-00053; SUP1998-00045; SUP1998-00062; SUP1998-00063; SUP1998-00069; SUP1998-00070 SUP1999-00012; SUP1999-00027; SUP1999-00029; SUP2001-00043; SUP2002-00026; SUP2003-00012; SUP2004-00045; SUP2005-00034; SUP2006-00025; SUP2006-00039; SUP2007-00033; SUP2007-00038; SUP2008-00009; SUP2009-00009; and SUP2009-00042.

Applicable revised preliminary plan are associated with the following rezoning ordinances: REZ1970-00026; REZ1978-00016; REZ1978-00052; REZ1981-00047; and REZ1987-00050.

(History: Ord. ZRR-2964 §1, 2012)

Effective on: 1/1/1901

18.100.080 Zoning of Annexed Lands

Unless land is rezoned at the time of its annexation into the City, the land shall retain its zoning status under county or township zoning until such time as the property is rezoned pursuant to the provisions of this ordinance. The City shall have the authority to secure civil remedies for violations of such county or township regulations to the same extent that it may secure civil remedies for violations of this ordinance pursuant to Section 18.100.110. Land that retains its zoning status under county or township zoning shall nevertheless be allowed to choose to utilize the provisions for non-conforming single-family residences as contained in Sections 18.410.040E and 18.410.050B.

(History: Ord. ZRR-2860 §1, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.090 Violations of Prior Regulations

All violations of prior zoning regulations of any township, Johnson County or the City that have accrued in the corporate area of the City as of the effective date of this ordinance, shall continue to be violations and shall not be considered to be legal nonconforming situations under this ordinance. The City shall have the same authority to secure civil remedies for violations of such regulations to the same extent that it may secure civil remedies for violations of this ordinance pursuant to Section 18.100.110.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.100 Severability

It is hereby declared to be the intention of the City that the sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any such section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, subsection, paragraph, sentence, clause or phrase.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.110 Penalty for Violations and Civil Remedies

1. A.
   The violation of any provision of this ordinance is hereby declared to be a public offense and, pursuant to the authority of K.S.A. 12-761, a misdemeanor, and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine not to exceed $500 or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day's violation of this ordinance shall constitute a separate offense.
2. B.
   The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this ordinance and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected, constructed, altered, converted or maintained in violation of this ordinance, or any building, structure or land is proposed to be used in violation of this ordinance, the City Attorney, or other appropriate authority of the City, may, in addition to any other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.100.120 Incorporation.

The Johnson County, Kansas, Zoning & Subdivision Regulations, official copy incorporated by resolution of the Board of County Commissioners the 25th day of January, 2007, is adopted and incorporated in this chapter as if fully set forth herein excepting only such parts or portions thereof as are specifically omitted, added or changed in Overland Park Municipal Code Sections 18.100.130 through 18.100.230, inclusive.

(History: Ord. ZRR-2691 §1, 2008; ZRR-2374 §1, 2002)

Effective on: 1/1/1901

18.100.130 Article Omissions.

Article 3, Article 4, Article 22, Article 23, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32 and Article 33 of the Johnson County, Kansas, Zoning & Subdivision Regulations, official copy incorporated by resolution of the Board of County Commissioners the 25th day of January, 2007, are hereby declared to be omitted in their entirety.

(History: Ord. ZRR-2691 §2, 2008; ZRR-2374 §2, 2002)

Effective on: 1/1/1901

18.100.140 Sections and Subsections Omissions.

The following sections and subsections of the Johnson County, Kansas, Zoning & Subdivision Regulations, official copy incorporated by resolution of the Board of County Commissioners the 25th day of January, 2007, are hereby declared to be omitted in their entirety: Subsection 2.B of Article 2; Subsection 2.D of Article 2; Section 1 of Article 5; Section 6 of Article 7; Section 3 of Article 8; and Section 4 of Article 8.

(History: Ord. ZRR-2691 §3, 2008; ZRR-2374 §3, 2002)

Effective on: 1/1/1901

18.100.150 Definitions Omitted.

The following definitions contained in Section 3 of Article 2 of the Johnson County, Kansas, Zoning & Subdivision Regulations, official copy incorporated by resolution of the Board of County Commissioners the 25th day of January, 2007, are hereby declared to be omitted in their entirety: "A Zone"; "A99 Zone"; "Actuarial or Risk Premium Rates"; "AE Zone and A1-A30 Zones "; "AH Zone"; "AO Zone"; "Area of Future Conditions Flood Hazard"; "Areas of Shallow Flooding"; "Areas of Special Flood Hazard"; "Base Flood"; "Bond"; "Capital Budget"; "Capital Improvement Plan"; "Capital Improvement Program"; "Costs"; "D Zone"; "Environmental Overlay Analysis"; "Existing Construction"; "Flood" or "Flooding"; "Flood Damage Reduction System"; "Flood Elevation, Regulatory"; "Flood Hazard Area"; "Flood Insurance Study"; "Flood Plain, Regulatory"; "Flood Plain Development Permit"; "Flood Plain Management"; "Flood Plain Management Regulation"; "Flood Proofing"; "Flood Protection Elevation, Regulatory"; "Flood Protection System"; "Floodway" or "Regulatory Floodway"; "Floodway Encroachment Lines"; "Floodway Fringe"; "Flood Area, Gross"; "Flood Area, Main"; "Flood Area, Net"; "Freeboard"; "Future-Conditions Flood Hazard Area" or "Future-Conditions Flood Plain"; "Future-Conditions Hydrology"; "Johnson County Flood Insurance Rate Map (FIRM) "; "Major Street Plan"; "Major Subdivision"; "Mean Sea Level"; "Minor Subdivision"; "New Construction"; "One Hundred Year Frequency Flood"; "Other Areas in X Zone"; "Other Flood Areas in X Zone"; "Parkways"; "Plat, Final"; "Plat, Preliminary"; "Preliminary Plat"; "Preplatting Conference"; "Regulatory Flood Elevation"; "Regulatory Flood Protection Elevation"; "Road Classification"; "Rule Exception"; "Rural Policy Area"; "Sketch Plat"; "Subdivider's Agent"; "Subdivision, Major"; "Subdivision, Minor"; "Surety"; "Township Zoning Board"; "Urban Fringe Policy Area"; "Violation"; "Zone D"; "Zone X" and "Zoning Board."

(History: Ord. ZRR-2691 §4, 2008; ZRR-2374 §4, 2002)

Effective on: 1/1/1901

18.100.160 Definitions Amended.

The following definitions contained in Section 3 of Article 2 of the Johnson County, Kansas, Zoning & Subdivision Regulations, official copy incorporated by resolution of the Board of County Commissioners the 25th day of January, 2007, as adopted in Section 18.100.120 of the Overland Park Municipal Code, are hereby changed and amended to read as follows:

"Board" or "BOCC" or "Board of County Commissioners": all references to these terms shall be redefined to mean the Governing Body of the City of Overland Park, Kansas.

"Board of Zoning Appeals" or "BZA": all references to these terms shall be redefined to mean the Board of Zoning Appeals of the City of Overland Park, Kansas.

"Code Enforcement Officer": all references to this term shall be redefined to mean the Director of Planning and Development Services of the City of Overland Park, Kansas (​​​​​​​or​​​​​​​ designee)​​​​​​​.

"Comprehensive Plan": all references to this term shall be redefined to refer to the ​​​​​​​Comprehensive​​​​​​​ Plan of the City of Overland Park, Kansas, as the same may be updated and amended from time to time.

"County": all references to this term shall be redefined to refer to the City of Overland Park, Kansas.

"County's Attorney": all references to this term shall be redefined to mean the City Attorney of the City of Overland Park, Kansas, or a designated Assistant City Attorney.

"Datum": for the purpose of determining the height limits in the Airport Overlay District set forth in these regulations, the datum shall be mean sea level elevation unless otherwise specified.

"Director": all references to this term shall be redefined to mean the Director of Planning and Development Services of the City of Overland Park, Kansas​​​​​​​ (​​​​​​​or designee)​​​​​​​.

"Flood Plain": all references to this term shall have the same meaning as set forth in Section 18.110.250 of the Overland Park Municipal Code, and any amendments thereto. Such areas are subject to and regulated by 18.360 of the Overland Park Municipal Code.

"Governing Body": all references to this term shall be redefined to refer to the Mayor and City Council of the City of Overland Park, Kansas.

"Height": the vertical distance from the average ground elevation adjacent to a building or structure to the highest point of a building or highest point of any permanent part of the structure or building. Height, where not regulated in feet, shall be regulated by stories. A story shall be equal to twelve feet for purposes of measuring structures other than buildings. For purposes of the Airport Overlay District Zones, the datum for height measurement shall be mean sea level unless otherwise specified and the height limits in all Airport Overlay Zones shall be as established on the Airport Zoning Map.

"Long Range Road Network Plan": all references to this term shall be redefined to refer to the Official Street Map as defined in Section 18.110.445 of the Overland Park Municipal Code, as amended from time to time.

"Overlay District Zoning Map": the official map for the Airport Area Overlay District prepared by the Johnson County Planning Office on file with the Johnson County Planning Office and duly adopted by the Board of County Commissioners, and any amendments thereto.

"Planning Commission": this term shall be redefined to mean the Planning Commission of the City of Overland Park, Kansas.

"Regulations": this term shall be redefined to mean those portions of the Johnson County, Kansas, Zoning & Subdivision Regulations adopted by this ordinance and other applicable provisions of the Unified Development Ordinance as defined in Section 18.110.645 of the Overland Park Municipal Code, and any amendments thereto.

"Secretary of the Board of Zoning Appeals": this term shall be redefined to mean the person designated as the Secretary of the Board of Zoning Appeals of the City of Overland Park, Kansas.

"Structure": generally, anything more than three (3) feet in height constructed or erected by man which requires location on the ground, or attached to something having location on the ground.

"Subdivision Regulations": the official subdivision regulations of the City of Overland Park, Kansas, as set forth in 18.460 of the Overland Park Municipal Code, and any amendments thereto.

"Zoning Administrator": all references to this term shall be redefined to refer to the Director of Planning and Development Services of the City of Overland Park, Kansas​​​​​​​ (​​​​​​​or ​​​​​​​designee)​​​​​​​.

"Zoning Map": the zoning map(s) showing zoning districts for land subject to these zoning regulations as prepared by the Johnson County Planning Office and duly adopted by the Board of County Commissioners, and provided to the City of Overland Park, Kansas, following the annexation of land by the City by both Ordinance No. A-2367 and Ordinance No. A-2719.

"Zoning Permit": a document signed by the Director of Planning and Development Services​​​​​​​ (​​​​​​​or ​​​​​​​designee)​​​​​​​, to acknowledge that a tract has been satisfactorily developed in accordance with an approved development plan as provided in these regulations.

"Zoning Regulations": the official zoning regulations of Johnson County, Kansas, as adopted in this ordinance, and any amendments thereto.

(History: Ord. ZRR-3416 §5, 2023; ​​​​​​​Ord. ZRR-2691 §5, 2008; ZRR-2374 §5, 2002)

Effective on: 1/1/1901

18.100.170 Prohibited Acts and Conduct.

From and after the effective date of this ordinance, no person shall violate any of the provisions of the regulations adopted hereby, or fail to comply with any of the requirements of these regulations, including, but not limited to, any conditions or terms established in connection with grants of variances, nor use any property, building or structure in any way except as permitted and in the manner provided by these regulations, and any act, conduct or use which fails to comply with the provisions of these regulations and any codes, rules or standards adopted as a part of these regulations, shall be and hereby is declared to be unlawful as a violation of the Unified Development Ordinance of the City of Overland Park, Kansas.

(History: Ord. ZRR-2691 §6, 2008; ZRR-2374 §6, 2002)

Effective on: 1/1/1901

18.100.180 Violations.

The failure of any person to comply with, or the violation of, any provision, requirement, standard or condition contained within or as a part of these regulations, shall be a public offense. The failure of any person to comply with, or the violation of, any order, directive or notice of the Director of Planning Development Services, or his/her designee, related to the provisions of these regulations, shall be a public offense.

(History: Ord. ZRR-2691 §7, 2008; ZRR-2374 §7, 2002)

Effective on: 1/1/1901

18.100.190 Penalties and Fines.

Any person violating the provisions of the Johnson County, Kansas, Zoning & Subdivision Regulations, official copy incorporated by resolution of the Board of County Commissioners the 25th day of January, 2007, as incorporated herein and as amended, shall be subject to the penalties, fines, and civil remedies as set forth in Section 18.100.110 of the Overland Park Municipal Code.

(History: Ord. ZRR-2691 §8, 2008; ZRR-2374 §8, 2002)

Effective on: 1/1/1901

18.100.200 Prosecution Of Actions.

The City Attorney, or his/her designee, shall have the duty of prosecuting all actions for the enforcement of these regulations and shall be vested with all of the discretion with respect to the prosecution of these regulations as may be vested in any other prosecuting attorney with statutory authority to prosecute actions for the enforcement of zoning regulations.

(History: Ord. ZRR-2691 §9, 2008; ZRR-2374 §9, 2002)

Effective on: 1/1/1901

18.100.210 Zoning Map.

The properties annexed into the City of Overland Park by Ordinance No. A-2367, effective upon publication on May 8, 2002, shall retain the Johnson County zoning district classifications in effect prior to annexation, as shown on the "Zoning Map of Johnson County, Kansas," in effect on May 8, 2002, together with all explanatory matter thereon. The properties annexed into the City of Overland Park by Ordinance No. A-2719, effective upon publication on March 13, 2008, shall retain the Johnson County zoning district classifications in effect prior to annexation, as shown on the “Zoning Map of Johnson County, Kansas,” in effect on March 13, 2008, together with all explanatory matter thereon. Said properties shall be added to the Official Zoning Map of the City incorporated by reference in Section 18.150.020 of the Overland Park Municipal Code, and the Johnson County zoning district boundaries shall be reflected thereon.

(History: Ord. ZRR-2691 §10, 2008; ZRR-2374 §10, 2002)

Effective on: 1/1/1901

18.100.220 Applicability.

The provisions of this Article govern the size, placement, use and structural quality of outdoor signs and other advertising and identification devices together with their appurtenant and auxiliary apparatus. No sign shall be erected, enlarged, constructed, reconstructed, relocated, refaced, or structurally or otherwise altered, without first obtaining a separate sign permit as set forth in this Article. Any sign for which a permit is required is allowed to maintain noncommercial speech in addition to or in lieu of any other speech.

(History: Ord. ZRR-2691 §11, 2008; ZRR-2374 §11, 2002)

Effective on: 1/1/1901

18.100.230 Application of Johnson County, Kansas, Zoning & Subdivision Regulations; Procedures.

The Johnson County, Kansas, Zoning & Subdivision Regulations incorporated by this ordinance, as amended, are adopted in order to assure the stability and continuity of zoning for properties zoned pursuant to such regulations prior to the annexation of such properties into the City of Overland Park by both Ordinance No. A-2367, effective May 8, 2002, and Ordinance No. A-2719, effective March 13, 2008. All properties zoned pursuant to such regulations shall be entitled to develop under the uses and regulations set forth therein. Appeals or requests for variances from the provisions of such regulations shall be made to the Overland Park Board of Zoning Appeals in accordance with the provisions of Title 18 of the Overland Park Municipal Code. The provisions of 18.140 of the Overland Park Municipal Code shall apply to plan approvals and any other action, as applicable. No property may be rezoned to a Johnson County, Kansas, zoning district or be granted a conditional use permit pursuant to the Johnson County, Kansas, Zoning & Subdivision Regulations after the effective date of this ordinance. In the case of conflicts between the applicable provisions of the Johnson County, Kansas, Zoning & Subdivision Regulations and other provisions of the Unified Development Ordinance, the provisions of the Johnson County, Kansas, Zoning & Subdivision Regulations shall control.

(History: Ord. ZRR-2691 §12, 2008; ZRR-2374 §12, 2002)

Effective on: 1/1/1901

18.110.010 Rules of Interpretation

For purposes of interpreting this ordinance, the following rules shall apply.

1. A.
   Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, words used in the singular include the plural, words used in the plural include the singular, words importing the masculine gender include the feminine and neuter, the word ”shall” is mandatory, the word “building” includes the word “structure”, and the term “used for” includes “designed for” or “intended for.”
2. B.
   Unless specifically provided, in computing any period of time prescribed or allowed by this ordinance, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time proscribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half-holiday shall be considered as other days and not as a holiday. “Legal holiday” includes any day designated as a holiday by the Congress of the United States or by the Kansas legislature. Whenever a notice, petition or other document is required to be filed within a specified time period, the notice, petition or document must be filed with the appropriate city official or in the appropriate City office not later than 5:00 p.m. on the last day of the period as computed above.
3. C.
   Where this ordinance permits or requires an act on the part of an “owner” or “landowner,” and a particular lot or tract of land is owned by several persons, whether in joint tenancy, tenancy in common, partnership, joint venture or other form of joint ownership, the act shall be taken on behalf of, and with the express consent of, all such persons.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.110.020 Definitions

1. A.
   Where a word or term is not defined in this Chapter but is defined elsewhere in this ordinance or in the Code, such definition shall be applicable unless the context indicates that a standard dictionary definition is more appropriate.
2. B.
   Where a word or term is defined in this Chapter and also defined elsewhere in this ordinance, the definition contained in this Chapter shall be generally applicable except in the Chapter or Section to which the other definition applies.

(History: Ord. ZRR-1725; ZRR-1661; ZRR-1637)

18.120.010 Director of Planning and Development Services as Administrative Official

Except where otherwise specifically provided in this ordinance, the Director of Planning and Development Services shall be the administrative official charged with interpreting and enforcing the provisions of this ordinance.

(History: Ord. ZRR-2343 §10, 2002; ZRR-1725 §1, 1992; ZRR-1637 §1, 1990)

Effective on: 1/1/1901

18.120.015 Authority to Adopt Construction Details and Standards for Private Sidewalks

All private sidewalks, except those on individual residential lots, within the City shall be in accordance with the standard detail and minimum design standards and specifications for construction as set forth. The standard detail shall be adopted and amended by the Director of Planning and Development Services and shall be on file in the office of the Director.

The Director may waive or modify this design standard in order to encourage pedestrian access through alternative or innovative practices that implement the intent of the standard and provide equivalent public benefits without significant adverse impacts on surrounding development.

(History: Ord. ZRR-2715 §1, 2008)

Effective on: 1/1/1901

18.120.020 Planning Commission - Authority for Continuation

The Planning Commission is continued in accordance with the authority of K.S.A. 12-744 and amendments thereto.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; CPC-657 §2, 1971)

Effective on: 1/1/1901

18.120.030 Planning Commission - Membership, Terms and Vacancies

1. A.
   The Planning Commission shall have eleven members, of which two members shall reside outside of, but within 3 miles of the corporate limits of the City. The remaining members shall be residents of the City.
2. B.
   The members of the Planning Commission shall be appointed by the Mayor with the consent of the City Council and shall serve until their successors are appointed and qualified in the manner herein provided. Members shall be appointed for terms of 3 years and shall serve without compensation for their service.
3. C.
   Vacancies on the Planning Commission shall be filled by appointment of the Mayor with the consent of the City Council for the remainder of the unexpired term of the Planning Commissioner whose position has been vacated.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; CPC-657 §2, 1971; CPC-68 §1, 1960)

Effective on: 1/1/1901

18.120.040 Planning Commission - Officers

The Planning Commission shall elect one of its members as Chairperson and one as Vice-Chairperson, who shall serve one year and until their successors have been selected. The Director of Planning and Development Services shall serve as the Secretary of the Planning Commission.

(History: Ord. ZRR-2343 §11, 2002; ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; CPC-657 §3, 1971; CPC-68 §2, 1960)

Effective on: 1/1/1901

18.120.050 Planning Commission - Meetings

The members of the Planning Commission shall meet at least once a month according to the schedule approved by the Commission. Special meetings may be called at any time by the Chairperson, or in his or her absence, by the Vice-Chairperson. A majority of the Commission shall constitute a quorum for the transaction of business. The Commission shall cause a proper record to be kept of its meetings. The Planning Commission shall adopt bylaws governing hearing procedures and the transaction of business.

(History: Ord. ZRR-2896 §1, 2011; ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; CPC-657 §3, 1971; CPC-68 §2, 1960)

Effective on: 1/1/1901

18.120.060 Planning Commission - Powers and Duties

The powers and duties of the Planning Commission shall be those authorized by Article 7 of Chapter 12 of the Kansas Statutes Annotated, and amendments thereto. The Planning Commission is hereby designated as the administrative body to administer the provisions of this ordinance in reviewing preliminary development plans and final development plans for planned zoning districts.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; CPC-657 §4, 1971; CPC-68 §9, 1960)

Effective on: 1/1/1901

18.120.070 Board of Zoning Appeals - Authority for Continuation

The Board of Zoning Appeals is continued in accordance with the provisions of K.S.A. 12-759 and amendments thereof.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; BZA-579 §1, 1971)

Effective on: 1/1/1901

18.120.080 Board of Zoning Appeals - Membership, Terms and Vacancies

1. A.
   The Board shall consist of seven members, all of whom shall be residents of the City.
2. B.
   The members of the Board shall be appointed by the Mayor with the consent of the City Council and shall serve until their successors are appointed and qualified in the manner herein provided. Members shall be appointed for terms of 3 years and shall serve without compensation for their service.
3. C.
   Vacancies on the Board shall be filled by appointment of the Mayor with the consent of the City Council for the unexpired term of the Board member whose position has been vacated.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; BZA-579 §3, 1971; ZRR-178 §2, 1963)

Effective on: 1/1/1901

18.120.090 Board of Zoning Appeals - Officers

The members of the Board shall elect from their membership a Chairperson who shall serve for a term of one year from the date of his or her election. In addition, the Board shall appoint a secretary, who may be an officer or an employee of the City, who shall serve until his or her successor is appointed.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; BZA-579 §3, 1971; ZRR-178 §2, 1963)

Effective on: 1/1/1901

18.120.100 Board of Zoning Appeals - Meetings

Meetings of the Board shall be held at the call of the Chairperson, provided that whenever three or more members of the Board request the Chairperson to summon a meeting of the Board, the Chairperson shall call a meeting. The presence of four members of the Board shall constitute a quorum for transacting business and taking official action. An affirmative vote of four (4) or more members of the Board shall be necessary to grant a variance, reverse or modify an administration decision, or grant a non-conforming situation permit. The Secretary shall keep minutes of the Board's proceedings and official actions and keep records of its examinations and findings and shall file the same in the Department of Planning and Development Services.

(History: Ord. ZRR-2454 §1, 2003; ZRR-2343 §12, 2002; ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; BZA-579 §3, 1971; ZRR-178 §2, 1963)

Effective on: 1/1/1901

18.120.110 Board of Zoning Appeals - Powers and Duties

The Board shall have those powers and duties authorized by this ordinance and by K.S.A. 12-759 and any amendments thereto.

(History: Ord. ZRR-1725 §1, 1992; ZRR-1637 §1, 1990; ZRR-889 §1, 1976; BZA-579 §4, 1971; ZRR-178 §2, 1963)

Effective on: 1/1/1901

18.130.010 Land Disturbance Permits -- When Required

A land disturbance permit shall be obtained from the Director of Planning and Development Services prior to commencement of any of the following:

1. A.
   Any activity that changes the physical conditions of landform, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation. Such activities include, but are not limited to, clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials. Exemptions permitted in 18.130.012(A)(1) are not applicable to land disturbance activities in the Special Flood Hazard Area pursuant to 18.360 of this Code.
2. B.
   Utility construction; except for storm sewer construction which requires a Site Development Permit or Public Improvement Permit.

(History: Ord. ZRR-2564 §2, 2005; ZRR-2450 §15, 2003; ZRR-2420 §6, 2003; ZRR-1725; ZRR-1637; ZRR-941; ZRR-889 §18.54)

Effective on: 1/1/1901

18.130.012 Land Disturbance Permits -- Exemptions

1. A.
   A Land disturbance permit is not required for the following:

   1. 1.
      Land disturbance activities that cumulatively disturb less than one acre, and are not part of a larger common plan of development or sale which disturbs a cumulative area of 1 acre or more, and involves fill of less than 3 feet in height, and containing less than 50 cubic yards, and does not create a slope in excess of 3 horizontal to 1 vertical, and does not obstruct a drainageway.
   2. 2.
      Work to correct or remedy emergencies, including situations that pose an immediate danger to life or property or substantial flood or fire hazards.
   3. 3.
      Agricultural uses.
   4. 4.
      Land disturbance activities specifically authorized by a building permit which includes an erosion and sediment control plan covering the entire area of disturbance. This exemption is not intended to exempt the building permit from erosion and sediment control requirements provided by 16.200 of this Code.
   5. 5.
      Linear utility projects with less than 1,000 feet of cumulative open trench construction that are located outside the boundaries of a development project.
2. B.
   If the land disturbance activity threatens or impedes the ability of the City to meet its own permit requirements under the National Pollutant Discharge Elimination System (NPDES), the Director of Planning and Development Services may terminate the exemption and require the applicant to obtain a land disturbance permit in full compliance with 16.200 of the Code.

(History: Ord. ZRR-2564 §3, 2005; ZRR-2420 §7, 2003)

Effective on: 1/1/1901

18.130.013 General Land Disturbance Permits for Franchised and/or Public Utilities

In lieu of obtaining individual project Land Disturbance Permits for utility-funded linear projects, the City may issue a General Permit to franchised and public utilities which shall be renewed annually. To apply for a General Permit, the utility must submit a permit application which includes:

1. 1.
   Effective erosion control standards and construction methods that are to be implemented on the utility’s projects, conforming to 16.200. The General Permit does not relieve the utility of the responsibility of preparing and implementing project specific Storm Water Pollution Prevention Plans (SWPP), as defined by the State of Kansas, for projects disturbing over one acre of area.
2. 2.
   A procedure to notify the City, no less than 14 days prior to work beginning, of projects disturbing a cumulative area greater than one acre. The notification shall be accompanied by a copy of the Storm Water Pollution Prevention Plan (SWP2) and the associated Kansas Department of Health and Environment (KDHE) Notice of Intent (NOI).
3. 3.
   A mechanism to reimburse the City for the cost of all abatement actions. The Director may revoke a Land Disturbance General Permit for failure to reimburse City abatement costs within 60 days of receipt of an abatement invoice.

The utility must notify the Director in writing within 14 days of any State or Federal citations related to erosion and sediment control violations in the City. The Director shall revoke any general permit when the activities authorized by that General Permit cause the City of Overland Park to be noncompliant with the City’s National Pollutant Discharge Elimination System (NPDES) permit.

(History: Ord. ZRR-2564 §4, 2005) 

Effective on: 1/1/1901

18.130.014 Land Disturbance Permits -- Limitations of Usage

Construction of a project with a final development plan approved by the Planning Commission or the Director of Planning and Development Services requires a site development permit or a building permit, or both if a project is constructed in phases. Construction of a project with a final development plan cannot be accomplished solely through a land disturbance permit.

(History: Ord. ZRR-2420 §8, 2003)

Effective on: 1/1/1901

18.130.015 Site Development Permits -- When Required

A site development permit authorizes any land disturbance activity listed in Section 18.130.010 and the following additional items: construction of any site improvements including but not limited to: pavement; curbs; sidewalks; private stormwater conveyance and treatment facilities; retaining walls and bank stabilization and work related to such construction, including but not limited to clearing, grading and grubbing, unless a building permit authorizes the work. A site development permit may be waived by the Director of Planning and Development Services for work of a minor nature such as sidewalks on private property, retaining walls under four feet in height, patios and other minor flatwork, residential driveways, maintenance or in-kind replacement of existing driveways and parking lots, and similar construction. All private sidewalks, except those on individual residential lots, within the City shall require a site development permit and shall be in accordance with the standard detail and minimum design standards and specifications for construction as set forth in the standard adopted by the Director pursuant to Section 18.120.015.

(History: Ord. ZRR-2715 §2, 2008; ZRR-2675 §1, 2008; ZRR-2564 §5, 2005; ZRR-2420 §9, 2003)

Effective on: 1/1/1901

18.130.016 Public Improvement Permits – When Required

A public improvement permit shall be obtained from the Director of Planning and Development Services prior to construction of any privately funded construction of public streets, public storm sewer systems, public street lighting and the appurtenances related to these public facilities.

(History: Ord. ZRR-2564 §6, 2005)

Effective on: 1/1/1901

18.130.020 Building Permits -- When Required

A building permit shall be obtained from the Director of Planning and Development Services prior to commencement of construction or expansion of any building or structure when required by this ordinance or Title 16 of the Code.

(History: Ord. ZRR-2420 §10, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.130.025 Adoption by Reference of Address Standards; Relationship to Other Provisions of the Code.

1. A.
   There is incorporated by reference, for the purpose of adopting Address Standards within the City, the Overland Park Address Standards, dated March 4, 2024, as prepared by the City of Overland Park, Kansas. Not less than three (3) copies of the Overland Park Address Standards shall be marked Official Copy as Adopted by Ordinance No. ZRR-3442​​​​​​​, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.
2. B.
   Prior to the issuance of any building permit, an address shall be assigned based on the standards contained in the Overland Park Address Standards.
3. C.
   The provisions of the Overland Park Address Standards are identified as standards, and shall be considered ordinance requirements. Where they are specifically applicable, they shall prevail over any conflicting provisions elsewhere in the Unified Development Ordinance unless otherwise specified.

(History: Ord. ZRR-3442 §1, 2024; ​​​​​​​Ord. ZRR-3301 §1, 2021; Ord. ZRR-3162 §1, 2017; ZRR-3038 §1, 2014; ZRR-2528 §1, 2005)

Effective on: 1/1/1901

18.130.030 Land Disturbance Permits, Site Development Permits and Building Permits -- Applications

1. A.
   Applications for land disturbance, site development, or building permits shall be filed upon forms prescribed by the City and conform with the following:

   1. 1.
      Construction documents shall clearly indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this ordinance, and other relevant laws, rules and regulations as determined by the Director of Planning and Development Services.
   2. 2.
      The construction documents shall include a site plan drawn to scale showing the size and location of new construction and existing structures on the site and the legal description of the lot tract or parcel.
   3. 3.
      The construction documents shall include a grading plan, drainage map, and a erosion and sediment control plan in conformance with 16.200 of this Code.
2. B.
   Applications for land disturbance permits and site development permits shall be submitted for approval by the Director of Planning and Development Services. Issuance of land disturbance permits and site development permits shall conform to the following:

   1. 1.
      Where the proposed land disturbance activity covers multiple tracts of land or multiple lots, the permit shall be issued only to the common owner.
   2. 2.
      A contact person or field representative shall be identified on every permit as a responsible party whom the City can contact regarding the installation, maintenance, and removal of erosion and sediment control measures. The permit holder is responsible for timely written notification to the Codes Administrator of any changes to the contact person or field representative.
   3. 3.
      The permit holder may request that the permit be transferred to another party. The transfer of a permit from one party to another shall be subject to the approval of the Director of Planning and Development Services and not be effective until written approval is issued.
   4. 4.
      The owner of the property may designate, in writing, others to act on his or her behalf, however the responsibility for compliance with this Code with respect to land disturbance activities shall remain with the owner of the property until the issued permit has been officially closed.
3. C.
   Applications for site development permits shall be submitted for approval by the Director of Planning and Development Services.
4. D.
   Land disturbance permits issued for land disturbances less than one acre are intended to track small projects that may impact the public safety and welfare, or sensitive areas. In these cases, a site-specific erosion and sediment control plan is not required unless deemed necessary by the Director of Planning and Development Services. The applicant is required to acknowledge their intent to conform with the City’s standards for erosion and sediment control in accordance with 16.200 of this Code and shall employ BMP methods proportional to the scale of the land disturbance activity.
5. E.
   Applications for building permits shall be submitted for approval by the Director of Planning and Development Services.

(History: Ord. ZRR-2564 §7, 2005; ZRR-2420 §11, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.130.040 Number of Permits Required for Buildings

When construction of groups of buildings and accessory buildings for a principal building is to be simultaneous, and when all the buildings are to be constructed on land zoned for one classification and use, the Code Administrator may, in his or her discretion, issue one permit for such groups of buildings or may require a separate permit for each building or structure to be constructed.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.54; ZRR-412-19; ZRR-412 §28)

Effective on: 1/1/1901

18.130.045 Site Development and Building Permits - Compliance with Subdivision Regulations

No building permit to allow the construction of new floor area, nor site development permit for recreational facilities shall be issued unless the applicant can demonstrate compliance with the standards and requirements of 18.460. Provided, however, that land which has already been platted need not be replatted so long as all other requirements of 18.460, including but not limited to development standards and required improvements, are satisfied. Provided further, that the owner of a single lot may apply to the Planning Commission for a rule exception according to the standards set forth in Section 18.460.210.

(History: Ord. ZRR-2420 §12, 2003; ZRR-1725)

Effective on: 1/1/1901

18.130.050 Site Development Permits and Building Permits - Minimum Rights-Of-Way Required

1. A.
   When a site development permit, or building permit is requested on a lot or tract abutting a public street other than a thoroughfare as defined in Section 18.400.020.D., the Director shall determine that adequate right-of-way exists on that portion of the public street abutting the property. The minimum right-of-way, measured from the center line of the street to the property line of the lot or tract, shall be determined based upon the classification of the abutting street. Classification of the abutting street shall be determined by reference to the Comprehensive​​​​​​​ Plan, the Official Street Map or a master street plan; if the classification is not designated on any of such documents, the Director​​​​​​​ shall determine the street classification by reference to existing or planned land uses of abutting properties.
2. B.
   Once the street classification has been determined, right-of-way requirements shall be calculated in an amount equal to one-half of the total right-of-way requirement established for such street classification in Title 13 of the Code and summarized in Table 18.460.110 of this ordinance. Where the property lies on both sides of the public street, the right-of-way requirement shall be equal to the amount set forth in Title 13 of the Code and summarized in Table 18.460.110 of this ordinance.
3. C.
   No site development permit or building permit shall be issued for any lot or tract where the abutting right-of-way does not clearly comply with the right-of-way requirements until title for the additional required right-of-way has been conveyed to the City by plat or deed and accepted by the Governing Body.
4. D.
   Any requirement for dedication of right-of-way pursuant to this section may be waived by the Director where the permit being requested does not result in a change or expansion of use of the property or an increase in the square footage of any building.

(History: Ord. ZRR-3416 §10, 2023; ​​​​​​​Ord. ZRR-2420 §13, 2003; ZRR-2015 §8, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.130.055 Building Permits and Site Development Permits -- Compliance with Existing Land Disturbance Permits.

Issuance of any building permit or site development permit that is part of a common plan of development with a pre-existing land disturbance permit, will require written agreement by the permit applicant to comply with the provisions of the pre-existing land disturbance permit.

(History: Ord. ZRR-2420 §14, 2003)

Effective on: 1/1/1901

18.130.057 Building Permits, Site Development Permits and Land Disturbance Permits -- Closure.

1. A.
   Closure of a building permit shall be completed in accordance with the provisions of Title 16 of this Code. In cases where there is not a separate land disturbance permit or site development permit issued for a particular site, a final certificate of occupancy shall not be issued until the site has been permanently stabilized and all temporary erosion and sediment control BMP’s are removed, and all drainage and grading is found to be in compliance with this Code.
2. B.
   Closure of a site development permit shall be completed by obtaining a satisfactory final inspection and issuance of a certificate of compliance or certificate of occupancy by the Codes Administrator. In cases where there is not a separate land disturbance permit issued for a particular site, a certificate of compliance shall not be issued until the site has been permanently stabilized, all temporary erosion and sediment control BMP’s are removed, and all drainage and grading has been found to be in compliance with this Code.
3. C.
   Closure of a land disturbance permit or site development permit is independent of closure of other permits. If a site has been partially stabilized, a land disturbance permit can be closed upon issuance of a subsequent land disturbance permit covering remaining unstabilized areas. Closure of a land disturbance permit or site development permit shall be completed by obtaining a satisfactory final inspection and issuance of a certificate of compliance. Timing of final inspections for land disturbance permits shall conform with the following:

   1. 1.
      For single-family or two-family construction only, where the permit holder seeks closure of the entire site subject to the permit, a final inspection can be completed when all housing units have received final certificates of occupancy, or when all of the following have occurred;

      1. a.
         The Land Disturbance Permit for the overall development has been in place at least three (3) years.
      2. b.
         All areas not covered by buildings, pavement, or other permanent structures have final stabilization in place in accordance with the City’s erosion and sediment control specifications.
      3. c.
         The rate of home construction for the previous two years disturbs less than one (1) acre per year or less than one (1) acre of land remains to be developed.
      4. d.
         All temporary erosion and sediment control devices serving more than one (1) lot are no longer needed and have been removed.

In cases where a Land Disturbance Permit has been closed based upon satisfaction of items a-d above, and the rate of home construction exceeds one (1) acre per year, a new land disturbance permit for all vacant lots shall be required. Failure to obtain a new land disturbance permit shall be a violation of 16.200 of the Municipal Code.

1.   
   2. 2.
      For development other than single-family or two-family residential development, a final inspection can occur when all temporary erosion and sediment control BMP’s serving more than one lot are no longer needed and are removed.
   3. 3.
      For single-family or two-family multiple lot permits; the land disturbance or site development permitee is not responsible for activities that occur on an individual lot after all dwellings on the lot have received a Certificate of Occupancy. Individual lots must pass a final erosion and sediment control inspection prior to issuance of a certificate of occupancy and release from the general development land disturbance permit.

4. D.
   Certification for permanent stormwater treatment facilities required by 16.210: Prior to closing a permit of any kind that includes permanent stormwater treatment facilities, written certification that the facilities are constructed in accordance with the approved plans shall be submitted. The certification must be prepared by the designer or others approved by the Director. Alternately, Section 16.210.080 has specific provisions that allow construction of some stormwater treatment facilities to be delayed.

(History: Ord. ZRR-2838 §1, 2009; ZRR-2675 §2, 2008; ZRR-2564 §8, 2005; ZRR-2420 §15, 2003)

Effective on: 1/1/1901

18.130.080 Permits -- Conformance of Construction

No permit shall be issued for any building, structure, sign or disturbance of land unless the same shall be in conformance in every respect with:

1. A.
   All provisions of this ordinance;
2. B.
   Any conditions or stipulations attached to the approval of any applicable rezoning, special use permit, preliminary development plan, final development plan, site plan or other form of development plan approval;
3. C.
   The content of any applicable final development plans, site plans, or other development plans approved by the Governing Body, Planning Commission or the Planning & Development Services Department; and
4. D.
   Title 16 of the Code and any other applicable provisions of the Code.

(History: Ord. ZRR-2420 §16, 2003; ZRR-2343 §15, 2002; ZRR-1925; ZRR-1725; ZRR-1637; ZRR-889 §18.54; ZRR-777)

Effective on: 1/1/1901

18.130.090 Action on Permit Applications

In the event of refusal to issue a permit upon an application based upon noncompliance with the provisions of this ordinance, the applicant shall have the right to appeal to the Board of Zoning Appeals as set forth in 18.140.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.54)

Effective on: 1/1/1901

18.130.095 Suspension of Permits

Suspension of building, site development, and land disturbance permits shall comply with the following:

1. A.
   Suspension of building permits are subject to the provisions of Title 16 of this Code.
2. B.
   A land disturbance or site development permit can be suspended by the City if the Director of Planning and Development Services determines that:

   1. 1.
      The site is not in substantial compliance with the approved plan or any permit condition.
   2. 2.
      A violation of any provision of this Chapter or any other applicable law, ordinance, rule, or regulation relating to this work exists.
   3. 3.
      A condition exists, or act is being done that constitutes a nuisance or hazard or endangers human life or the property of others.
   4. 4.
      The approved plan is failing to achieve required erosion and sediment control objectives due to improper installation, maintenance, or failure of the plan to perform anticipated erosion and sediment control functions as required by 16.200 of this Code.
3. C.
   A site development or land disturbance permit shall be suspended by issuance of written notice to the permit holder, or the permit holder’s representative. The notice shall indicate the reason for permit suspension and indicate corrective measures required and the timeframe within which corrections must be made to reinstate the permit. The notice shall also include a stop work order pursuant to 16.200 of the Code, if not previously issued. If the applicant fails to make corrective measures within the timeframe required the Director of Planning and Development Services may revoke the permit.

(History: Ord. ZRR-2420 §17, 2003)

Effective on: 1/1/1901

18.130.098 Expiration of Permits

Expiration of building, site development, and land disturbance permits shall comply with the following:

1. A.
   Expiration of building permits are subject to provisions of Title 16 of this Code. Additionally, land disturbance activities authorized by a building permit that are not stabilized following expiration of a building permit are subject to abatement provisions pursuant to 16.200 of this Code.
2. B.
   Site development permits shall expire if the authorized work has not commenced within 180 days of permit issuance, or if the authorized work is suspended or abandoned for a period of greater than 180 days. The Director of Planning and Development Services is authorized to grant, in writing, extensions up to 180 days each.
3. C.
   Land disturbance permits shall expire if the authorized work has not commenced within 180 days after permit issuance. A land disturbance permit shall not expire after land disturbance activities have begun, but shall be closed pursuant to Section 18.130.057.

(History: Ord. ZRR-2420 §18, 2003) 

Effective on: 1/1/1901

18.130.100 Revocation of Permits

A permit may be revoked by the official issuing the permit at any time prior to the completion of the land disturbance, site development, building, structure or sign for which the same was issued, when it appears to such official that one or more of the following conditions is present: there is departure from the plans, specifications or conditions as required under the terms of the permit; that the permit was procured by false representation; that the permit was issued by mistake; or that any of the provisions of this title are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which such permit was issued, or shall be posted in a prominent location on the property. Where notice of revocation has been served or posted, no further construction or use of the property shall proceed. Any revocation of a permit other than a building permit may be appealed to the Board of Zoning Appeals as provided in 18.140. Except where revocation of a building permit is successfully appealed to the Code Board of Appeals, or another permit revocation is successfully appealed to the Board of Zoning Appeals, a revoked permit may not be reinstated.

(History: Ord. ZRR-2420 §19, 2003; ZRR-1725; ZRR-1637; ZRR-889 §18.54; ZRR-837)

Effective on: 1/1/1901

18.130.110 Certificates of Occupancy -- When Required

No new or existing building or structure shall be occupied or used, and no change in the character or use of land or of a building shall occur, until a certificate of occupancy has been issued by the Code Administrator certifying that such building or use complies with all regulations of this ordinance, Title 16 and other applicable provisions of the Code.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.130.120 Certificates of Occupancy -- Records

A record of all certificates of occupancy shall be kept on file in the office of the Code Administrator.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.58)

Effective on: 1/1/1901

18.130.130 Certificates of Occupancy -- Connection with Sewer System

Except where some other method of handling liquid waste has been specifically approved by the City, no certificate of occupancy shall be issued by the Code Administrator for any building or use until the property has been connected with a public sanitary sewer system.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.58)

Effective on: 1/1/1901

18.130.140 Certificates of Occupancy -- Parking

Prior to issuance of a certificate of occupancy for a new use or change in use of an existing building or structure, all parking requirements as specified in this ordinance for the new use shall be met.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.58)

Effective on: 1/1/1901

18.130.150 Filing Fees

Filing fees for all applications for permits and certificates of occupancy shall be fixed by the City Manager, pursuant to the Planning and Development Fee and Cost Recovery Policy as adopted by the Governing Body, and the City Manager or their designee may establish any and all policies or waivers related to the same.​​​​​​​ Copies of the current ​​​​​​​schedule of ​​​​​​​filing fees shall be on file in the offices of the City Clerk, the Director of Planning and Development Services and the Code Administrator.

(History: Ord. CM-3433 §4, 2023; ​​​​​​​Ord. ZRR-2343 §16, 2002; ZRR-1725; ZRR-1637; ZRR-889 §18.54)

Effective on: 1/1/1901

18.140.010 Who May Apply; Application Fees

1. A.
   Application for a zoning text amendment may only be filed by the Governing Body or Planning Commission.
2. B.
   An application for rezoning to a conventional zoning district or for a revised final development plan for a planned zoning district may be filed by either the Governing Body, the Planning Commission or the landowner or the landowner's agent.
3. C.
   An application for an appeal to the Board of Zoning Appeals may be filed by any person aggrieved, or by any officer of the City or any governmental agency or body affected by any decision of an official administering the provisions of this ordinance.
4. D.
   All other applications provided for in this chapter may only be filed by the landowner or the landowner's agent.
5. E.
   Fees for all applications provided for in this chapter shall be fixed by the City Manager, pursuant to the Planning and Development Fee and Cost Recovery Policy as adopted by the Governing Body, and the City Manager or their designee may establish any and all policies or waivers related to the same.
6. F.
   All applications shall be made on forms prescribed by the City and available in the Department of Planning and Development Services.

(History: Ord. C-3433 §5, 2023; ​​​​​​​Ord. ZRR-2343 §17, 2002; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.020 Applications -- Proof of Ownership and/or Authorization of Agent

1. A.
   Where an application has been filed by, or on behalf of, a landowner, an affidavit of ownership shall be submitted to the City.
2. B.
   Where an application has been filed by an agent of a landowner, an affidavit of the landowner establishing the agent's authorization to act on behalf of the landowner shall also be submitted.
3. C.
   The affidavits required by this section shall be on forms prescribed by the City or in such form as is acceptable to the Director of Planning and Development Services, and shall be submitted at the time of filing the application.

(History: Ord. ZRR-2343 §18, 2002; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.030 Pre-application Conference

1. A.
   A pre-application conference with the City's professional planning staff is required prior to submission of any application for a: (i) rezoning, (ii) special use permit, (iii) ​​​​​​​preliminary development plan,​​​​​​​ (iv)​​​​​​​ ​​​​​​​preliminary plat; or (v) by-right housing development. The purpose of this conference is to:

   1. 1.
      Acquaint the applicant with the procedural requirements of this Unified Development ​​​​​​​Ordinance;
   2. 2.
      Provide for an exchange of information regarding the proposed development plan and applicable elements of this Unified Development ​​​​​​​Ordinance, the ​​​​​​​Comprehensive​​​​​​​ Plan and other development requirements;
   3. 3.
      Advise the applicant of any public sources of information that may aid the application;
   4. 4.
      Identify ​​​​policies and regulations that create opportunities or pose significant restraints for the proposed development;
   5. 5.
      Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences; and
   6. 6.
      Permit staff input into the general design of the project.
2. B.
   The applicant shall provide a concept sketch of the site, at a standard engineer scale, for consideration by the staff. The applicant shall also include a summary of the project that lists the proposed density of residential uses and the floor area ratio of non-residential uses.
3. C.
   The Director may waive the requirement of a pre-application conference or waive any part of the submission requirements. The Director may also require additional plans, details, studies and reports be provided at the time of a pre-application conference.

(History: Ord. ZRR-3527, §14, 2026; Ord. ZRR-3416 §11, 2023; Ord. ZRR-2782 §1, 2008; ZRR-2343 §19, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.040 Submission of Technical Studies

1. A.
   The Director of Planning and Development Services may require applicants for rezonings, special use permits, preliminary development plans or preliminary plats to submit such technical studies as may be necessary to enable the Planning Commission or Governing Body to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, market studies or economic impact reports. The persons or firms preparing the studies shall be subject to the approval of the Director of Planning and Development Services. The costs of all studies shall be borne by the applicant. Any decision of the Director of Planning and Development Services to require any such study or to disapprove the person or firm selected by the applicant to perform the study may be appealed to the Planning Commission. The decision of the Planning Commission on any such appeal shall be final.
2. B.
   Notwithstanding the fact that the Director of Planning and Development Services did not require submission of any such technical study in support of the application, either the Planning Commission or the Governing Body may require the submission of such study prior to taking action on the application. In such case, the persons or firms selected to perform the studies shall be subject to the approval of the entity requesting that the study be performed. Any decision of the Planning Commission or the Governing Body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final.

(History: Ord. ZRR-2343 §20, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.050 When Applications Deemed Complete

No application shall be deemed complete until all items required to be submitted in support of the application have been submitted. Subject to the provisions of Section 18.140.060, however, all items required to be submitted in support of an application need not be submitted at the same time that the application is filed.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.060 Application and Submission Deadlines

The Director of Planning and Development Services or the Planning Commission may administratively provide for submission deadlines for materials required in support of any application provided for in this chapter. Compliance with such deadlines shall generally be required in order to have the application placed on an agenda to be heard by the Planning Commission. At the discretion of the Director of Planning and Development Services, non-agenda items may be brought before the Planning Commission for hearing; provided that the Planning Commission in its sole discretion may refuse to hear non-agenda items.

(History: Ord. ZRR-2343 §21, 2002; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.065 Neighborhood Meetings

1. A.
   Intent: It is the City’s position that the land development process is enhanced when there is open dialogue between interested parties that gives neighbors an opportunity to learn about a proposal and ask questions in advance of public hearings before the Planning Commission and decisions by the Governing Body. Therefore, the City recommends neighborhood outreach for all applications.
2. B.
   Required Neighborhood Meetings:

   1. 1.
      An applicant is required to hold a neighborhood meeting for rezonings, special use permits and revised preliminary plans with substantial changes for the following application types where the application area is within 500 feet of property zoned and used as single-family residential or other residential housing that is designed for individual ownership and when any of the following criteria are met:

      1. a.
         Rezoning requests from low-density residential districts to a less restrictive district as identified in Section 18.150.010 of the UDO;
      2. b.
         Any zoning request larger than 10 acres in size to a multi-family or less restrictive district as identified in Section 18.150.010 of the UDO;
      3. c.
         Any revised preliminary development plan with substantial changes as outlined by 18.140.200.A.3 of the UDO on property zoned multi-family or a less restrictive district as identified in 18.150.010; or
      4. d.
         Special use permits for new construction.
   2. 2.
      The Director of Planning and Development Services shall have the authority to take into consideration the context and specific nature of any request and may:

      1. a.
         Waive the requirement for a neighborhood meeting;
      2. b.
          Extend the distance requirement for sending meeting notifications for a neighborhood meeting; or
      3. c.
         Require a neighborhood meeting for an application that does not meet the criteria set forth in subsection 1 above.
   3. 3.
      Notwithstanding that a neighborhood meeting was held or was not required under subsection 1 or 2 above, either the Planning Commission or the Governing Body may require a neighborhood meeting prior to taking action on an application.
3. C.
   Neighborhood Meeting Specifics:

   1. 1.
      Required neighborhood meetings shall be held no less than 10 days prior to the scheduled Planning Commission meeting.
   2. 2.
      A good faith effort should be made to hold the meeting on a day and time that allow the majority of interested parties to attend and at a location convenient to the neighborhood.
   3. 3.
      Neighborhood meetings may consist of a formal presentation or may be conducted in an open house style. The format of the meeting should ensure that those in attendance have an opportunity to learn about the proposal and ask questions of the development team.
   4. 4.
      Attendance should be taken and a written meeting summary provided to the City’s planning staff no less than 7 days in advance of the Planning Commission meeting.
4. D.
   Neighborhood Meeting Notification:

   1. 1.
      Notification of a neighborhood meeting shall be provided no less than 10 days in advance of the scheduled meeting and shall be sent to all residential property owners of record and any registered homeowner associations or neighborhood groups within 500 feet of the application (or distance required by the Director). A copy shall also be provided to the City’s planning staff and to the ward council members where the application is located.
   2. 2.
      The notification may be sent by regular mail. The notification shall provide: (i) the time, date and location of the meeting; (ii) the City-assigned plan number; (iii) the location and general description of the proposal; and (iv) contact information for the applicant or their agent. It is recommended that the notification also include a copy of the applicant’s proposal. Failure of a property owner to receive the notification will not invalidate the applicant’s notification for their scheduled meeting.
   3. 3.
      This neighborhood meeting notification shall not be sent in the same envelope as the certified notification to surrounding property owners required by Section 18.140.080.
   4. 4.
      Prior to the Planning Commission meeting, the applicant shall file with the Secretary of the Planning Commission an affidavit stating the names and addresses of the persons to whom notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(History: Ord. ZRR-3263 §1, 2019)

Effective on: 1/1/1901

18.140.070 Publication Notices

Unless otherwise specifically provided for in this Chapter, all publication notices for public hearings required by this Chapter shall be published in one issue of the official City newspaper, and at least 20 clear days shall elapse between the date of such publication and the date set for hearing. For purposes of this section, in computing the time both the day of publication and the day of the public hearing shall be excluded. The publication notice shall fix the time and place for the public hearing. Where the hearing is for consideration of changes in the text of this ordinance, or a general revision of the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the ordinance or in the boundaries of the zone or district. If the hearing is on an application which concerns specific property, the property shall be designated by legal description and general street location, and the notice shall contain a general statement regarding the purpose of the application.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.080 Notices to Surrounding Property Owners

1. A.
   Unless otherwise specifically provided in this Chapter, whenever notice to surrounding property owners is required for consideration of an application, such notice shall be given as follows:

   1. 1.
      The applicant shall mail all notices at least 20 days prior to the hearing, thus notifying such property owners of the opportunity to be heard. Notice shall be mailed to all owners of record of land within 200 feet of the property subject to the application. If the subject property is located adjacent to unincorporated property outside the City's limits, then the area of notification shall be extended to include all unincorporated land within 1000 feet of the subject property. For the purposes of this Chapter, the phrase "adjacent to unincorporated property outside the City's limits" shall mean property which lies upon or touches (1) the City boundary line; or (2) a street or public way, railway or watercourse which lies upon the City boundary line.
   2. 2.
      Such mailed notice shall be given by certified mail, and shall be in letter form stating: (i) the time and place of the hearing, (ii) a general description of the proposal, (iii) the property’s legal description or a general description sufficient to identify the property under consideration, and (iii) a statement explaining that the public may be heard at the public hearing.
   3. 3.
      In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement stating that property owners required to be notified by this Section shall have the opportunity to submit a protest petition, in conformance with Kansas Statute and this Chapter, to be filed with the office of the City Clerk within 14 days after the conclusion of the public hearing.
   4. 4.
      Newspaper clippings of the publication notices shall not be used for the mailed notice. Mailed notices shall be addressed to the owners of the property and not to mere occupants thereof.
2. B.
   When the notice has been properly addressed and deposited in the mail, failure to receive mailed notice shall not invalidate any action taken on the application.
3. C.
   Mailed notice may be waived provided that a verified statement specifically indicating such waiver is signed by all property owners of each property within the notification area waiving notice, and is filed with the City Clerk or the Secretary of the Planning Commission, or the Board of Zoning Appeals, as the case maybe, at least two business days prior to the hearing.
4. D.
   Prior to the public hearing, the applicant shall file with the Secretary of the Planning Commission, or the Board of Zoning Appeals, as the case may be, the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent;. fFailure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(History: Ord. ZRR-3527, §15, 2026; Ord. ZRR-3263 §2, 2019; Ord. ZRR-2856 §1, 2010; ZRR-2782 §2, 2008; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.090 Posting of Signs for Rezonings and Special Use Permits

1. A.
   In the case of rezonings and special use permits, the applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning proposed changes in use. The sign shall be provided by the City to the applicant, and the applicant shall maintain the sign for at least the 15 days immediately preceding the date of the public hearing. The sign shall be firmly installed on the frame provided by the City within 5 feet of the street right-of-way line in a perpendicular orientation in a central position on the lot, tract or parcel of land so that the sign is free of any visual obstructions surrounding the sign. If a lot, tract or parcel of land is larger than 5 acres, a sign as required herein shall be placed on each of the streets abutting thereto.
2. B.
   The size, style, coloring and wording of signs for rezoning and special use permits shall be determined by the Governing Body by resolution.
3. C.
   The applicant shall file an affidavit with the Secretary of the Planning Commission at the time of the public hearing verifying that the sign has been maintained and posted as required by this ordinance and applicable resolutions; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.
4. D.
   The sign may be removed at the conclusion of the public hearing and must be removed at the end of all proceedings on the application or upon withdrawal of the application.
5. E.
   It shall be a public offense for any person to remove, deface or destroy any sign provided for in subsection A.

(History: Ord. ZRR-3263 §3, 2019;Ord. ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.100 Public Hearings

Where the consideration of an application requires a public hearing, the following provisions shall apply:

1. A.
   The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.
2. B.
   An accurate written summary of the proceedings shall be made for all public hearings.
3. C.
   The Governing Body, Planning Commission and Board of Zoning Appeals may adopt rules of procedure for public hearings by resolution or bylaws.
4. D.
   If an item which is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, then the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. No additional notices shall be required once the public hearing is opened.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.110 Continuances

1. A.
   Continuance Requests.

   1. 1.
      When requesting a continuance, an applicant (or authorized agent) shall provide a written request to the Director (or designee) outlining the specific need for the continuance and identifying the dates when the application will be ready for consideration.
   2. 2.
      The Planning Commission, Board of Zoning Appeals or Governing Body may grant a continuance of an application at any time for good cause shown. The record shall indicate the reason the continuance was made and any stipulations or conditions of the continuance.
   3. 3.
      All motions for a continuance shall state the date on which the matter will be heard. A majority vote of those members present and voting at the meeting is required to grant a continuance.
   4. 4.
      When a continuance request is approved, the applicant shall change the posting on the property to reflect the new hearing or consideration date, and shall make every feasible attempt to timely notify all parties initially entitled to notice and any additional interested parties (as determined by the Director) of the approved continuation by means of U.S. mail, phone, e-mail or hand-delivered notice. In addition, the Planning Commission, Board of Zoning Appeals or Governing Body may direct the applicant to send written notice of the new date to all parties initially entitled to notice in the same manner and with the same time schedule as required for the original hearing, and may direct the staff to publish the new date in the official City newspaper.
2. B.
   Planning Commission / Board of Zoning Appeals.  For applications before the Planning Commission or Board of Zoning Appeals:

   1. 1.
      An applicant shall have the right to one continuance of a public hearing, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
   2. 2.
      The Director shall have the discretion to approve a second or third continuance to serve the public interest when necessary revisions to the plan, new or missing information or other good cause make consideration of an application premature, provided, a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
   3. 3.
      Continuance requests that are either (i) not approved by the Director, (ii) made after the above-prescribed deadlines, or (iii) made after a third continuance, must be made in person to the Planning Commission or Board of Zoning Appeals. After review of the progress on the application, the Commission or Board may, at its discretion, continue the item to a date certain or deny the continuance request. If the applicant is not ready to proceed after a denial of the continuance, the item will be deemed withdrawn.
   4. 4.
      At any time when there has been a lack of proper notice as required by this Chapter, or when otherwise appropriate to serve the public interest, the Director shall recommend approval of a continuance.
   5. 5.
      In cases when the applicant has failed to reasonably stay in contact with city staff and has failed to make progress in the application for a period in excess of 60 days, the Director, in the Director’s reasonable discretion, may deem the item withdrawn.
3. C.
   Governing Body.  For planning or zoning recommendation submitted to the Governing Body:

   1. 1.
      An applicant shall have the right to one continuance, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled meeting for the Governing Body’s consideration. In such event, the matter shall be continued to the first meeting of the following month when the Governing Body regularly considers planning matters, unless the Governing Body otherwise specifically sets an alternative date.
   2. 2.
      Except as provided in C.1., continuance requests must be made in person to the Governing Body, which, after the review of the progress on the application, may, at its discretion, continue the item to a date certain or deny the continuance request.

(History: Ord. ZRR-3420, §1, 2023; Ord. ZRR-2787 §1, 2009; ZRR-2454 §2, 2003; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.140.120 Consideration of Zoning Text Amendments

1. A.
   Public hearing required.

   Consideration of zoning text amendments shall require a public hearing before the Planning Commission following publication notice as provided in Section 18.140.070.

2. B.
   Action by Planning Commission.

   A vote either for or against a zoning text amendment by a majority of all of the Planning Commissioners present and voting shall constitute a recommendation of the Planning Commission. If a motion for or against the zoning text amendment fails to receive a majority vote, the Planning Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote on any motion, shall constitute a recommendation for denial. The Planning Commission recommendation to approve or disapprove shall be submitted to the Governing Body for action, accompanied by an accurate written summary of the hearing proceedings. A recommendation to approve a zoning text amendment shall be submitted in the form of an ordinance.

3. C.
   Governing Body action upon Planning Commission recommendation.

   1. 1.
      When the Planning Commission submits a recommendation to approve a zoning text amendment and the Governing Body approves that recommendation, then the Governing Body shall adopt the submitted ordinance. When the Planning Commission submits a recommendation to disapprove a zoning text amendment and the Governing Body approves that recommendation, no further action need be taken by the Governing Body and the application shall be deemed terminated.
   2. 2.
      Upon receipt of a recommendation of the Planning Commission which the Governing Body disapproves, the Governing Body shall either override the Planning Commission's recommendation by the affirmative vote of nine (9) or more members of the Governing Body, or return such recommendation to the Planning Commission for further consideration, together with a statement specifying the basis for disapproval. A failure to obtain a vote necessary to approve or override the Planning Commission's first recommendation shall constitute a disapproval. Requests for amendments or modifications which constitute substantial changes, or requests for clarification by the Planning Commission, shall be treated as disapprovals for purposes of these procedures unless they are approved by the affirmative vote of nine (9) or more members of the Governing Body.
4. D.
   Applications returned to Planning Commission.

   Upon receipt of an application returned by the Governing Body, the Planning Commission may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's statement specifying disapproval, the Governing Body may consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. For purposes of this subsection, the "receipt" of the Governing Body's statement of disapproval shall be deemed to occur on the date of the first Planning Commission meeting on which the returned item is placed on the agenda for consideration.

5. E.

   Reconsideration by Governing Body.
   Upon receipt of the Planning Commission's recommendation after reconsideration, or if no action is taken at the next regular meeting following the Planning Commission's receipt of the Governing Body's disapproval of the prior recommendation without a new recommendation being submitted, the Governing Body may take such action as it deems appropriate, including approval, disapproval or amendment of the application and adoption as amended, or the Governing Body may return the same to the Planning Commission for further consideration. Unless the Governing Body returns the application to the Planning Commission for further consideration or continues its consideration of the matter to another date, the Governing Body's action on the application shall constitute a final decision.

(History: Ord. ZRR-2454 §3, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.130 Rezoning Applications -- Submission Requirements

The following items shall be submitted in support of any application for rezoning:

1. A.
   Legal description of the property.
2. B.
   A statement of the reasons why rezoning is being requested.
3. C.
   In the case of an application for rezoning to a planned zoning district, a preliminary development plan.
4. D.
   All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
5. E.
   Assurances of adequate public facilities as required by Section 18.100.070.

(History: Ord. ZRR-2487 §1, 2004; ZRR-2343 §22, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.140 Special Use Permit Applications -- Submission Requirements

The following items shall be submitted in support of an application for a special use permit:

1. A.
   Legal description of the property.
2. B.
   A statement of the reasons why the special use permit is being requested.
3. C.
   Either a site plan or a preliminary development plan, whichever is, in the opinion of the Director of Planning and Development Services, necessary in order for the City staff, Planning Commission and Governing Body to properly evaluate the application. Notwithstanding a determination by the Director of Planning and Development Services that only a site plan is required, the Planning Commission or Governing Body may require the submission of a preliminary development plan prior to taking action on the application.
4. D.
   All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
5. E.
   Assurance of adequate public facilities as required by Section 18.100.070.

(History: Ord. ZRR-2343 §23, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.150 Consideration of Rezonings and Special Use Permits

1. A.
   Public hearing required. Except as provided in subsection C.1.a., consideration of all applications for rezoning or a special use permit shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners as required by 18.140.070 and 18.140.080, respectively, and a neighborhood meeting when required by 18.140.065.
2. B.
   Procedures. Except as hereinafter provided, the procedures for Planning Commission and Governing Body consideration of rezoning or special use permit applications shall conform to the procedures set forth in 18.140.120 for zoning text amendments. Prior to submission of the application to the Planning Commission, City staff shall determine whether dedication of right-of-way will be required pursuant to the provisions of 18.400. The Governing Body shall not take action on an original recommendation of the Planning Commission unless the time for filing the protest petition as provided in subsection C has elapsed. Provided, however, that where the right to file a protest petition has been waived in a verified statement signed by all property owners holding such right, the Governing Body may consider the recommendation at any time.
3. C.
   Protest petitions. 

   1. 1.
      A protest petition against any rezoning or a special use permit application shall be filed in the office of the City Clerk not later than the end of the business day (5:00 p.m.) on the 14th day following the date of the conclusion of the Planning Commission's public hearing held pursuant to the publication notice. In order to be considered a "valid" protest, a protest petition must be timely filed and duly signed and verified by the owners of record of 20% or more of the property subject to the application or by the owners of record of 20% or more of the total property within the area required to be notified by 18.140.080, excluding streets and public ways and the property subject to the application when provided for by K.S.A. 12-757(f). Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by a person who has signed the protest petition.

      1. a.
         Whenever the property owner (and not the City or the County) initiates a rezoning of the owner's property to a single-family residential district (e.g., RE, RP-OE, RP-OS, R-1, RP-1, R-1A, RP-1A, RP-1N), such rezoning application shall require publication notice and a public hearing as required in subsection A, however the application shall not require written notice to surrounding property owners and shall not be subject to the protest petition provisions of this subsection C.
   2. 2.
      The 14-day period for filing the protest petition shall begin with the day following the conclusion of the public hearing before the Planning Commission and shall end at 5:00 p.m. on the 14th calendar day thereafter. For purposes of calculating the 14-day period, weekends and holidays shall be counted. Provided, however, if the filing deadline falls on a weekend, holiday or other non-business day for City offices, then the filing deadline shall be at 5:00 p.m. on the next regular business day.
   3. 3.
      Once a valid protest petition has been filed with the City, it may be withdrawn as follows:

      1. a.
         A property owner who has signed a protest petition may withdraw the property owner's name and property from the protest petition by filing with the City Clerk a verified affidavit of the property owner's withdrawal from the protest petition no later than the end of business (5:00 pm) on the third day following the end of the above-described 14-day period. The affidavit shall state and fully explain the rights being waived by the withdrawal. In such event, the protest percentage for the total protest area shall be adjusted accordingly. If the property is owned by more than one owner of record, the withdrawal of any owner shall be sufficient to effectuate the withdrawal under this section.
      2. b.
         The entire protest petition may be withdrawn if every property owner who signed the protest petition signs a verified affidavit of withdrawal which states and fully explains the rights being waived by the withdrawal of the protest petition. Such affidavits of withdrawal must be filed with the City Clerk no later than the end of business (5:00 pm) on the third day following the end of the above-described 14-day period.
      3. c.
         For purposes of withdrawal, signatures shall not be required of the City where City-owned property lies within the protest area or of entities controlling rights-of-way or utility easements.
4. D.
   Adoption where valid protest petition filed. Where a valid protest petition has been filed, an ordinance approving the rezoning or special use permit application shall not be passed except by the affirmative vote of ten (10) or more members of the Governing Body.
5. E.
   Criteria for considering applications. In considering any application for rezoning or a special use permit, the Planning Commission and the Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. In addition, the Planning Commission and Governing Body may consider other factors which may be relevant to a particular application.

   1. 1.
      The character of the neighborhood.
   2. 2.
      The zoning and uses of nearby properties, and the extent to which the proposed use would be in harmony with such zoning and uses.
   3. 3.
      The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.
   4. 4.
      The length of time the property has remained vacant as zoned.
   5. 5.
      The extent to which approval of the application would detrimentally affect nearby properties.
   6. 6.
      The extent to which the proposed use would substantially harm the value of nearby properties.
   7. 7.
      The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the use, or present parking problems in the vicinity of the property.
   8. 8.
      The extent to which utilities and services, including but not limited to, sewers, water service, police and fire protection, and parks and recreation facilities, are available and adequate to serve the proposed use.
   9. 9.
      The extent to which the proposed use would create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
   10. 10.
       The extent to which there is a need for the use in the community.
   11. 11.
       The economic impact of the proposed use on the community.
   12. 12.
       The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulations or 18.370.
   13. 13.
       The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
   14. 14.
       The conformance of the proposed use to the ​​​​​​​Comprehensive​​​​​​​ Plan​​​​​​​ and other adopted planning policies.
   15. 15.
       The recommendation of professional staff.

(History: Ord. ZRR-3527, §16, 2026; Ord. ZRR-3416 §12, 2023; Ord. ZRR-3314 §1, 2021; Ord. ZRR-2454 §4, 2003; ZRR-2440 §1, 2003; ZRR-2015 §9, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.160 Rezoning for Lesser Change

The Planning Commission may recommend and the Governing Body may adopt a change in zoning which is a lesser change than the one requested, provided that the more restrictive district is in the same residential, commercial or industrial grouping as the district for which the change was requested. (See Section 18.150.010). In no case may a change to a residential district be approved if the application is for a commercial or industrial district, and in no case may a commercial district be approved if the application is for an industrial district. Applications for District A may not be changed to another category unless a new application is filed. A Planned Zoning District shall be equally restrictive to its equivalent Conventional Zoning District and the Governing Body may adopt a change in zoning to an equivalent district. (For example, a zoning of District RP-1 may be approved under a request for District R-1.) Provided, the Governing Body may refer any such application back to the Planning Commission for further consideration if, in its judgment, it deems such referral advisable and in the best interest of the public and the applicant.

(History: Ord. ZRR-3164 §2, 2017; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.170 Site Plans -- Contents

All site plans shall contain the following information:

1. A.
   North arrow and scale.
2. B.
   Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.).
3. C.
   Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.
4. D.
   Location of floodplain and special flood hazard areas.
5. E.
   Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities.
6. F.
   Location of proposed drives and parking areas.
7. G.
   Platted setback lines.
8. H.
   Elevations of proposed buildings.
9. I.
   Final grades.
10. J.
    Landscaping.
11. K.
    Name and address of landowner.
12. L.
    Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.
13. M.
    Date of preparation of the plan.

(History: Ord. ZRR-2675 §3, 2008; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.180 Site Plans: Consideration

1. A.
   Site Plan Requirement.  No Property with a zoning district classification requiring approval of a site plan may be developed or redeveloped without a site plan (or revised site plan) being submitted to and approved by the Director.  Unless appealed, the decision of the Director shall be final. 
2. B.
   Site Plan Criteria.  The criteria for consideration of an application for a site plan or a revised site plan shall be the criteria set forth in 18.140.150 E., to the extent they are pertinent to the particular application, as well as the following additional criteria:
3.  
   1. 1.
      All submission requirements have been met.
   2. 2.
      The plan conforms with all applicable regulations and design standards for the site’s zoning district, as well as any other applicable adopted plans or policies (including but not limited to, landscaping and screening plan, lighting, architecture and setbacks).
   3. 3.
      The site is capable of accommodating the proposed uses, buildings, parking and drives with appropriate open space, and adequate separation from surrounding land uses.
   4. 4.
      The plan provides for safe and easy ingress, egress and internal traffic circulation.
   5. 5.
      The plan is consistent with good land planning and site engineering design principles.
   6. 6.
      The plan provides an appropriate degree of harmony between the architectural quality of the proposed buildings and the surrounding neighborhood.
   7. 7.
      The plan represents an overall development pattern that is consistent with the Comprehensive Plan, the Official Street Map and other adopted planning policies.
   8. 8.
      Right-of-way for any abutting thoroughfare has been dedicated pursuant to the provisions of 18.400.
4. C.
   Appeals.

   1. 1.
      The Director’s disapproval of a site plan or revised site plan may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote.
   2. 2.
      The Planning Commission’s decision on the appeal may be appealed to the Governing Body by either the applicant or the Director by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote.

(History: Ord. ZRR-3417 §1, 2023; Ord. ZRR-3416 §13, 2023; Ord. ZRR-2015 §10, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.190 Preliminary Development Plans -- Submission Requirements and Contents

1. A.
   A preliminary development plan, in a form required by the Director, shall be submitted in support of the application. The preliminary development plan shall contain the following information:

   1. 1.
      North arrow and scale.
   2. 2.
      With regard to the subject property only:

      1. a.
         Existing topography with contours at 5-foot intervals, and delineating any land areas within the 100-year floodplain.
      2. b.
         Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.
      3. c.
         Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities.
      4. d.
         Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.
      5. e.
         General extent and character of proposed landscaping.
   3. 3.
      With regard to areas within 200 feet of the subject property:

      1. a.
         Any public streets which are of record.
      2. b.
         Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, except those serving single-family houses.
      3. c.
         Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.
      4. d.
         The location and size of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.
   4. 4.
      Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
   5. 5.
      A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, and other quantities relative to the submitted plan in order that compliance with requirements of this Ordinance can be determined.
   6. 6.
      For all developments proposed in the RP-OE, RP-OS, RP-3, RP-5 and RP-6 Districts, the following information, if applicable, shall be submitted if requested by the Director (or designee), in addition to the above-listed requirements:

      1. a.
         Up to three site section plans.
      2. b.
         Slope analysis representing slopes falling within the following categories:

         1. 1.
            0%-5% slope;
         2. 2.
            6%-10% slope;
         3. 3.
            11%-17% slope;
         4. 4.
            18% slope and greater.
      3. c.
         Existing streams and other bodies of water.
      4. d.
         Surface drainage channels.
      5. e.
         Location, massing and pattern of existing vegetation.
      6. f.
         Views within the site.
      7. g.
         Vistas to and from the site.
      8. h.
         Focal points and site amenities.
      9. i.
         Existing structures on the site.
      10. j.
          Street and traffic patterns affecting the site.
      11. k.
          Pedestrian and vehicular access points.
      12. l.
          Physical barriers (such as interstate highways).
      13. m.
          Noise generation sources.
      14. n.
          Surrounding uses, activities and influences of the site and adjacent properties.
   7. 7.
      For all developments proposed in the PRN District, the following information, if applicable, shall be submitted if requested by the Director (or designee), in addition to the above-listed requirements:

      1. a.
         Up to three site section plans.
      2. b.
         Slope analysis representing slopes falling within the following categories:

         1. 1.
            0%-5% slope;
         2. 2.
            6%-10% slope;
         3. 3.
            11%-17% slope;
         4. 4.
            18% slope and greater.
      3. c.
         Existing streams and other bodies of water.
      4. d.
         Surface drainage channels.
      5. e.
         Location, massing and pattern of existing vegetation.
      6. f.
         Views within the site.
      7. g.
         Vistas to and from the site.
      8. h.
         Focal points and site amenities.
      9. i.
         Existing structures on the site.
      10. j.
          Street and traffic patterns affecting the site.
      11. k.
          Pedestrian and vehicular access points.
      12. l.
          Physical barriers (such as interstate highways).
      13. m.
          Noise generation sources.
      14. n.
          Surrounding uses, activities and influences of the site and adjacent properties.
      15. o.
          A plan clearly defining the type of residential dwelling unit to be constructed on each block or specific area.
      16. p.
          A written criteria (can include drawings or pictures) describing each residential area or building type to be constructed in the Planned Residential Neighborhood development. Items to be included are possibly residential type (Colonial, Prairie, etc.), colors, materials and any other information that will help explain the proposal.
      17. q.
          Typical elevations for the various building types.
      18. r.
          A pedestrian and open space concept plan.
   8. 8.
      Name and address of landowner.
   9. 9.
      Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.
   10. 10.
       Date of preparation of the plan.
2. B.
   The following information shall be submitted in support of the application for the preliminary development plan approval:

   1. 1.
      All studies as may reasonably be required by the Director pursuant to 18.140.040.
   2. 2.
      Assurances of adequate public facilities as required by 18.100.070.
3. C.
   For all developments proposed in the RP-OE, RP-OS, and PRN zoning districts an acceptable plan shall be submitted to the City that demonstrates that all common open space and natural conservation areas will be managed by a responsible party and how these areas will be managed.
4. D.
   For all developments proposed in the MXD zoning district the following additional submittals shall be required:

   1. 1.
      Regulating Plan.
   2. 2.
      Building Type Plan.
   3. 3.
      Street Type Plan.
   4. 4.
      Utility Location Strategy.
   5. 5.
      Project Design Manual.
   6. 6.
      Additional plans or studies deemed necessary by the Director.

(History: Ord. ZRR-3373 §4, 2023; Ord. ZRR-2829 §1, 2009; ZRR-2675 §4, 2008; ZRR-2590 §2, 2005; ZRR-2345 §2, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.200 Preliminary Development Plans: Consideration

1. A.
   Plans for planned zoning districts.

   1. 1.
      Preliminary Development Plan Requirement. No property with a planned zoning district classification may be developed or redeveloped without an approved preliminary and final development plan. When property is rezoned to a planned zoning district, the preliminary development plan shall be considered and approved as part of the rezoning application. Changes in the preliminary development plan may be made only after the approval of a revised preliminary development plan as set forth hereafter. In the event that the application for the revised preliminary development plan is denied, the previously-approved preliminary development plan will remain in effect.
   2. 2.
      Determination of Changes. Unless additional information is requested, the Director shall determine whether a proposed revised preliminary development plan contains “substantial or significant changes” within 5 business days of filing the application. For purposes of this Section, "substantial or significant changes" shall mean any of the following:

      1. a.
         Increases in the density or intensity of residential uses of more than 5%.
      2. b.
         Increases in the total floor area of all nonresidential buildings covered by the plan of more than 10%.
      3. c.
         Increases of lot coverage of more than 5%.
      4. d.
         Increases in the height of any building of more than 10%.
      5. e.
         Changes of architectural style which will make the project less compatible with surrounding uses.
      6. f.
         Changes in ownership patterns or stages of construction that will lead to a different development concept.
      7. g.
         Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.
      8. h.
         Decreases of any peripheral setback of more than 5%.
      9. i.
         Decreases of areas devoted to open space of more than 5% or the substantial relocation of such areas.
      10. j.
          Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
      11. k.
          Modification or removal of conditions or stipulations to the preliminary development plan approval.
      12. l.
          For any developments proposed in the RP-OE, RP-OS, or PRN zoning districts, any change in the specified use or maintenance of any designated open space lands.
      13. m.
          For any developments proposed in the PRN zoning district, any changes in the type of dwelling units or style of dwelling units proposed to be constructed in a particular area or block.
      14. n.
          For any developments proposed in the MXD zoning district the following shall apply (see Mixed Use Design Guidelines for additional information):

          1. 1.
             Internal sub-zones in an MXD development may be changed administratively if no internal property or units have been sold to a separate entity.
          2. 2.
             Perimeter sub-zones in an MXD development may be changed to a less intensive sub-zone without a public hearing. Any changes of the perimeter property line of an MXD zoned development shall result in a revised preliminary plan subject to the requirements found in 18.140.150.
   3. 3.
      Revised Preliminary Development Plan - Non-substantial Change. Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning Commission by a simple majority vote. Unless appealed, the decision of the Planning Commission shall be final.
   4. 4.
      Revised Preliminary Development Plan - Substantial Change. Substantial or significant changes in the preliminary development plan shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners in the manner required by 18.140.070 and 18.140.080 respectively, and a neighborhood meeting when required by 18.140.065. The Planning Commission shall recommend approval or denial to the Governing Body by a simple majority vote; a tie vote shall be deemed a recommendation for denial. The Governing Body may accept or override the Planning Commission’s recommendation with a simple majority vote.

      1. a.
         Protest Petition. A protest petition may be filed against a revised preliminary development plan with substantial or significant changes in the same manner and process as set forth in 18.140.150 C. When a valid protest petition is filed, approval of the revised preliminary plan shall require a vote of 10 or more members of the Governing Body.
      2. b.
         PRN Districts. For substantial or significant changes to preliminary development plans in the PRN, Planned Residential Neighborhood District only the area directly affected by the revisions or that area subject to the application will be subject to the notice and protest provisions.
      3. c.
         Single-Family Residential Districts. For substantial or significant changes to preliminary development plans for single-family development in a single-family residential district (e.g., RP-OE, RP-OS, RP-1, R-1A, RP-1A, RP-1N), such application shall require publication notice and a public hearing as required above, however, the application shall not require written notice to surrounding property owners and shall not be subject to the protest petition provisions of subsection 4a.
   5. 5.
      Preliminary Development Plan Criteria. The criteria for consideration of an application for a preliminary development plan or revised preliminary development plan shall be the criteria set forth in 18.140.150 E., to the extent they are pertinent to the particular application, as well as the following additional criteria:

      1. a.
         All submission requirements have been met.
      2. b.
         The plan conforms with all applicable regulations and design standards for the site’s zoning district, as well as any other applicable adopted plans or policies (including but not limited to, landscaping and screening plan, lighting, architecture and setbacks).
      3. c.
         The site is capable of accommodating the proposed uses, buildings, parking and drives with appropriate open space, and adequate separation from surrounding land uses.
      4. d.
         The plan provides for safe and easy ingress, egress and internal traffic circulation.
      5. e.
         The plan is consistent with good land planning and site engineering design principles.
      6. f.
         The plan provides an appropriate degree of harmony between the architectural quality of the proposed buildings and the surrounding neighborhood.
      7. g.
         The plan represents an overall development pattern that is consistent with the Comprehensive Plan, the Official Street Map, and other adopted planning policies.
      8. h.
         Right-of-way for any abutting thoroughfare has been dedicated pursuant to the provisions of 18.400.
   6. 6.
      Appeals.

      1. a.
         The Director’s determination of whether a proposed revised preliminary development plan contains “substantial or significant changes” may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the date of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote, and its decision will be final. (See A.2 above).
      2. b.
         The Planning Commission’s disapproval of a revised preliminary development plan with non-substantial changes may be appealed to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. (See A.3 above)
2. B.
   Plans for non-residential uses in residential districts. 

   1. 1.
      Development Plan Requirement. No property being used for a non-residential use in a residential district may be developed or redeveloped without an approved preliminary and final development plan. Changes in the preliminary development plan may be made only after the approval of a revised preliminary development plan as set forth hereafter. In the event the application is denied, any previously-approved preliminary development plan will remain in effect.
   2. 2.
      Preliminary Development Plan. A preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners in the manner required by 18.140.070 and 18.140.080 respectively, and a neighborhood meeting when required by 18.140.065. The Planning Commission may approve or deny the application by a simple majority vote. Unless appealed, the decision of the Planning Commission shall be final.
   3. 3.
      Preliminary Development Plan Criteria. The criteria for consideration of a preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district shall be the criteria set forth in 18.140.200 A.5. above.
   4. 4.
      Appeals. 

      1. a.
         By Applicant. The applicant may appeal the Planning Commission’s decision for a preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote.
      2. b.
         By Neighboring Property Owners. The owners of 20% of the total property within the area required to be notified by subsection B2. above (applying the notice requirement of 18.140.180), excepting public streets and ways, may appeal the Planning Commission’s approval of a preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district to the Governing Body by filing a petition for appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. Verification of the genuineness and correctness of the signatures on the petition for appeal, either individually or collectively, shall be made by a person who has signed the petition. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. Withdraw of a petition for appeal or any signature thereon may be made in the same manner as set forth in 18.140.150 C.3.
   5. 5.
      Combined Preliminary and Final Development Plan. With the Director’s consent, final development plans for non-residential uses in residential districts may be combined with the (revised) preliminary development plan provided that all information required by both 18.140.190 and 18.140.210 is submitted with the plan. Where a combined preliminary and final development plan is submitted, it shall be considered in accordance with the provisions of B.2 above.

(History: Ord. ZRR-3527, §17, 2026; Ord. ZRR-3417 §2, 2023; Ord. ZRR-2829, §2, 2009; ZRR-2698, §1, 2007; ZRR-2590, §3, 2005; ZRR-2454, §5, 2003; ZRR-2345, §3, 2002; ZRR-2156, §1, 99; ZRR-2015 §11,97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.210 Final Development Plans -- Contents and Submission Requirements

1. A.
   A final development plan shall be submitted, in a form required by the Director, in support of the application. The final development plan shall contain the following information:

   1. 1.
      A small key map indicating the location of the property within the City.
   2. 2.
      A site plan including the following:

      1. a.
         Finished grades or contours for the entire site at two-foot contour intervals.
      2. b.
         All existing and proposed adjacent public right-of-way with centerline location.
      3. c.
         All existing and proposed adjacent public street and public drive locations, widths, curb cuts and radii.
      4. d.
         Location, width and limits of all existing and proposed sidewalks.
      5. e.
         Location, size and radii of all existing and proposed median breaks and turning lanes.
      6. f.
         Distance between all buildings, between buildings and property lines and between all parking areas and property lines.
      7. g.
         Location of all required building and parking set-backs.
      8. h.
         Location, dimensions, number of stories and area in square feet of all proposed buildings.
      9. i.
         Area of land on site plan in square feet or acres.
      10. j.
          Limits, location, size and material to be used in all proposed retaining walls.
      11. k.
          Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
      12. l.
          Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.
      13. m.
          Location, size, type of material and message of all proposed monument or detached signs.
      14. n.
          Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.
      15. o.
          Preliminary design and location of all proposed storm drainage conveyance, detention and treatment facilities and locations of existing drainage facilities.
   3. 3.
      Building elevations including the following:

      1. a.
         Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.
      2. b.
         Size, location, color and materials of all signs to be attached to building exteriors, unless private sign criteria have previously been approved by the Planning Commission.
      3. c.
         Location, size and materials to be used in all screening of rooftop mechanical equipment.
      4. d.
         Building sections.
   4. 4.
      Floor plans indicating dimensions and areas of all floors within proposed buildings.
   5. 5.
      Landscaping and screening plans as required by 18.450.040, which include:

      1. a.
         Size, species, location and number of all proposed landscape materials.
      2. b.
         Notation of all areas to be seeded or sodded.
      3. c.
         Location, size and materials to be used for all screening, including screening of outside trash enclosure areas.
2. B.
   All site plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Director. 
3. C.
   The following shall be submitted in support of the application for final development plan approval:

   1. 1.
      Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat or by the filing of the final development plan pursuant to 18.150.070F.
   2. 2.
      A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan.
   3. 3.
      Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.
   4. 4.
      Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.
   5. 5.
      Proof of filing of the statement required by 18.140.230.
   6. 6.
      Assurances of adequate public facilities as required by 18.100.070.

(History: Ord. ZRR-3373 §5, 2023; Ord. ZRR-2675 §5, 2008; ZRR-2343 §24, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.220 Final Development Plans: Consideration

1. A.
   Final Development Plan Requirement. No property with either (i) a planned zoning district classification, or (ii) that is being used for a non-residential use in a residential district, may be developed or redeveloped without an approved final development plan. Final development plans must conform with the approved preliminary development plan and can be approved as set forth hereafter. Prior to consideration of any final development plan, City staff shall determine whether dedication of right-of-way will be required pursuant to 18.400.
2. B.
   Consideration of Modifications. Unless additional information is requested, the Director shall determine whether a proposed final development plan contains any modifications and whether such modifications are “substantial or significant changes” within 5 business days of filing the application. For purposes of this Section, "substantial or significant changes" shall mean any of the factors set forth in 18.140.200 A.2.
3. C.
   Final Development Plan.

   1. 1.
      No Modification or Non-Substantial Change. A final development plan which contains no modifications or additions or which contains modifications but is in substantial compliance with the approved preliminary development plan shall be approved by the Planning Commission if the Commission determines that:

      1. a.
         All relevant new details are provided;
      2. b.
         All applicable standards are satisfied and deemed to be adequate, including but not limited to the landscaping and screening plan, lighting, architecture, and other factors not considered with the preliminary development plan; and 
      3. c.
         All other submission requirements and required stipulations have been satisfied. 
         The Planning Commission's decision shall be made with a simple majority vote.  
   2. 2.

      Substantial Change. In the event of a determination that the proposed final development plan is not in substantial compliance with the approved preliminary development plan or that it contains “substantial or significant changes,” the applicant shall not proceed with its final development plan application but shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200

   3. 3.

      Appeals. 

      1. a.
         The determination of the Director of whether a proposed final development plan: (i) contains modifications; (ii) is not in substantial compliance with the approved preliminary development plan; or (iii) contains “substantial or significant changes,” may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the date of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote, and its decision will be final.
      2. b.
         The Planning Commission’s disapproval of non-substantial changes to a final development plan may be appealed to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. 

4. D.
   Revisions to Approved Final Development Plans. Revisions to an approved final development plan which are not substantial or significant in nature may be approved administratively by the Director. Revisions to an approved final development which are substantial or significant cannot be approved, and the applicant shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200. For purposes of this Section, "substantial or significant changes" shall mean any of the factors set forth in 18.140.200 A.2.

(History: Ord. ZRR-3417 §3, 2023; Ord. ZRR-2829 §3, 2009; ZRR-2454 §6, 2003; ZRR-2015 §12, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.240 Final Development Plans: Abandonment

In the event that a plan or a section thereof is given final development plan approval and thereafter the landowner (or designee) either: (i) abandons said plan or the section thereof; or (ii) fails to commence the planned development within 18 months after final development plan approval has been granted, then in either event such final approval shall terminate and shall be deemed null and void. Whenever a final development plan or section thereof has been abandoned as provided in this Section, no development shall take place on the property until a new final development plan has been approved.

(History: Ord. ZRR-3417 §4, 2023; Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.250 Preliminary Plats -- Contents and Submission Requirements

1. A.
   Seven copies of the preliminary plat shall be submitted in support of the application. The plat shall contain the following information:

   1. 1.
      North arrow and scale.
   2. 2.
      Legal description.
   3. 3.
      The proposed name of the subdivision and the names of adjacent subdivisions.
   4. 4.
      The boundary lines of the tract with approximate dimensions.
   5. 5.
      The general pattern and sizes of proposed lots and tracts.
   6. 6.
      The general location, width and alignment of existing and proposed streets, alleys and sidewalks.
   7. 7.
      Conceptual locations, types and sizes of all storm drainage conveyances, detention and treatment facilities.
   8. 8.
      All platted or existing streets and property lines or land adjacent for a distance of not less than 400 feet.
   9. 9.
      Topography of the area contained in the plat shown by two-foot or five-foot contour intervals.
   10. 10.
       Approximate gradients of proposed streets within the plat.
   11. 11.
       Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, right-of-way widths, and dimensions of any bridges or culvert.
   12. 12.
       Location of the 100-year floodplain and special flood hazard areas.
   13. 13.
       The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc.
   14. 14.
       Indication of the ground floor area classification for residential subdivisions.
   15. 15.
       Name and address of landowner.
   16. 16.
       Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat.
   17. 17.
       Date of preparation of the plat.
   18. 18.
       Signature block for appropriate City officials.
2. B.
   The following items shall be submitted in support of an application for preliminary plat approval:

   1. 1.
      All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
   2. 2.
      Assurances of adequate public facilities as required by Section 18.100.070.
   3. 3.
      For residential subdivisions in Districts R-1, R-1A and R-2, a master fence/screening plan as required by Section 18.460.220.
   4. 4.
      A current title report (less than 90 days old) together with legible copies of all pertinent exception documents; or a copy of a current American Land Title Association (ALTA) survey; or both as directed by the City.

(History: Ord. ZRR-2675 §6, 2008; ZRR-2343 §25, 2002; ZRR-2218; ZRR-1725; ZRR-1637; ZRR-1409; ZRR-1343; ZRR-942; ZRR-901; ZRR-772; ZRR-413)

Effective on: 1/1/1901

18.140.260 Consideration of Preliminary Plats

1. A.
   The Planning Commission shall act on a proposed preliminary plat within 60 days after the first Planning Commission meeting following the submission of a completed application. No public hearing on any subdivision review and no notice of the meeting at which such matters are considered are required.
2. B.
   The Planning Commission shall approve the preliminary plat if it finds that the following criteria are satisfied:

   1. 1.
      The proposed preliminary plat conforms to the requirements of 18.460, the applicable zoning district regulations and any other applicable provisions of the Unified Development Ordinance, subject only to acceptable rule exceptions.
   2. 2.
      The subdivision represents an overall development pattern that is consistent with the ​​​​​​​Comprehensive​​​​​​​ Plan and the Official Street Map.
   3. 3.
      The plat contains a sound, well-conceived parcel and land subdivision layout which is consistent with good land planning and site engineering design principles.
   4. 4.
      The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations.
   5. 5.
      All submission requirements have been satisfied.
3. C.
   The decision of the Planning Commission to approve or deny the proposed preliminary plat shall be final.

(History: Ord. ZRR-3527, §18, 2026; Ord. ZRR-3416 §14, 2023; Ord. ZRR-2454 §7, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.270 Final Plats -- Contents and Submission Requirements

1. A.
   Final plats shall be drawn to a scale of one inch to 100 feet, or at such other scale acceptable to Director of Planning and Development Services. Seven copies of the final plat shall be submitted in support of the application. The final plat shall contain the following information:

   1. 1.
      North arrow and scale.
   2. 2.
      Legal description.
   3. 3.
      The name of the subdivision and adjacent subdivisions.
   4. 4.
      A system of lot and block numbers in orderly sequence.
   5. 5.
      The names of streets which shall conform to the existing pattern.
   6. 6.
      A boundary survey of third order surveying accuracy (maximum closure error one in 5,000) with bearings and distances referring to section or fractional section corners or other baseline shown on the plat and readily reproducible on the ground.
   7. 7.
      The dimensions, in feet and decimals of feet, of setback lines along front and side streets and the location and dimension of all necessary easements, including, but not limited to, those specified in Section 18.460.235.
   8. 8.
      Certification of dedication of all streets, highways and other rights-of-way or parcels for public park or other public use, signed by the owners and all other parties who have a mortgage or lien interest in the property.
   9. 9.
      A statement on the plat concerning utility easements as follows:

      An easement or license to enter upon, locate, construct, use and maintain or authorize the location, construction or maintenance and use of conduits, water, gas, sewer pipes, poles, wires, drainage facilities, irrigation systems, ducts and cables, and similar facilities, upon, over and under these areas outlined and designated on this plat as "Utility Easement" or "U/E" is hereby granted to the City with subordinate use of the same by other governmental entities and public utilities as may be authorized by state law to use such easement for said purposes. Utility easements shall be kept clear of obstructions that impair the strength or interfere with the use and/or maintenance of public utilities located within the easement.

   10. 10.
       A statement on the plat concerning drainage easements as follows:

       An easement or license to enter upon, locate, construct, use and maintain or authorize the location, construction, maintenance or use of conduits, surface drainage facilities, subsurface drainage facilities, and similar facilities, upon, over and through those areas outlined and designated on this plat as “Drainage Easement” or “D/E” is hereby granted to the City. Drainage easements shall be kept clear of obstructions that impair the strength or interfere with the use and/or maintenance of storm drainage facilities.

   11. 11.
       A statement on the plat concerning prior easement rights as follows:

       The undersigned proprietor of said property shown on this plat does hereby dedicate for public use and public ways and thoroughfares, all parcels and parts of land indicated on said plat as streets, terraces, places, roads, drives, lanes, parkways, avenues and alleys not heretofore dedicated. Where prior easement rights have been granted to any person, utility or corporation on said parts of the land so dedicated, and any pipes, lines, poles and wires, conduits, ducts or cables heretofore installed thereupon and therein are required to be relocated, in accordance with proposed improvements as now set forth, the undersigned proprietor hereby absolves and agrees to indemnify the City from any expense incident to the relocation of any such existing utility installations within said prior easement.

   12. 12.
       Location and elevations of the 100-year floodplain for all lots thereby affected shall be shown and shall include calculations.
   13. 13.
       Tracts or easements designating location of fencing/screening for R-1, R-1A and R-2 subdivisions adjacent to thoroughfares or super-collectors, unless there is a separate tract designated as a hike/bike trail, consistent with the approved preliminary plat.
   14. 14.
       Certification by a registered land surveyor to the effect that the plat represents a survey made by him or her.
   15. 15.
       Name and address of landowner.
   16. 16.
       Name and address of the land surveyor preparing the plat.
   17. 17.
       Date of preparation of the plat.
   18. 18.
       Signature block for appropriate City officials.
2. B.
   The following items shall be submitted in support of the application for final plat approval:

   1. 1.
      Documentation assuring permanent responsibility for the maintenance of the fence/screening tracts or easements.
   2. 2.
      Assurances of adequate public facilities as required by Section 18.100.070. Where development on septic tanks has been approved, the results of septic tank percolation tests performed by a licensed engineer or competent professional testing company shall be submitted. If such tests indicate that the public health, safety and general welfare will be adversely impacted, the applicant shall submit a second study which indicates what measures or alternative sanitary waste treatment will take place. In any event, the Planning Commission may deny the final plat or portion thereof if adequate measures cannot be provided to safely handle sanitary waste with the use of septic tanks on each lot.
   3. 3.
      Upon request by the City, a current title report (less than 90 days old) together with legible copies of all pertinent exception documents, or a copy of a current American Land Title Association (ALTA) survey, or both.
   4. 4.
      Calculation documents containing the following data: coordinates of the plat boundary; square feet of each lot, tract and right-of-way; and the unadjusted error of closure of the field traverse that established the plat.

(History: Ord. ZRR-2843 §1, 2010; ZRR-2748 §1, 2008; ZRR-2698 §2, 2007; ZRR-2343 §26, 2002; ZRR-2219; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.280 Consideration of Final Plats

1. A.
   The Planning Commission shall act on a proposed final plat within 60 days after the first Planning Commission meeting following the submission of a completed application.
2. B.
   Prior to consideration of any final plat, City staff shall determine whether dedication of right-of-way will be required pursuant to the provisions of 18.400.
3. C.
   Final plats shall be approved by the Planning Commission if it determines that:

   1. 1.
      The final plat substantially conforms to the approved preliminary plat and rule exceptions granted thereto.
   2. 2.
      The plat conforms to all applicable requirements of the Code, subject only to approved rule exceptions.
   3. 3.
      All submission requirements have been satisfied.
4. D.
   Following approval of the final plat by the Planning Commission, the final plat shall be submitted to the Governing Body for review of land proposed to be dedicated for public purposes. The Governing Body shall approve or disapprove the dedication of land for public purposes within 30 days after the first meeting of the Governing Body following the date of the submission of the plat to the City Clerk. The Governing Body may defer action for an additional 30 days for the purpose of allowing for modifications to comply with the requirements established by the Governing Body. No additional filing fees shall be assessed during that period. If the Governing Body defers or disapproves any such dedication, it shall advise the Planning Commission of the reasons therefor. No plat shall be filed with the Register of Deeds unless such plat bears the endorsement that the land dedicated to public purposes has been approved by the Governing Body.
5. E.
   Upon final approval by the Planning Commission and/or the acceptance by the City Council of dedications, the final plat shall be submitted in a digital format approved by the Director of Planning and Development Services. The digital version of the final plat shall contain as a minimum the requirements set forth in Section 18.140.270. Any final plat not submitted in a digital format will be converted by the City and the cost will be charged to the applicant prior to recording the plat.
6. F.
   Final plats shall be recorded with the Register of Deeds within 18 months following Governing Body approval of land dedicated to public purposes. Final plats which are not recorded within said time period shall be deemed null and void.

   1. 1.
      The Director, at the Director’s discretion, may grant up to a 1-year extension of time. Consideration for the extension shall be based upon, but not limited to, factors such as whether code or adopted policy changes have occurred that would impact the proposed development and whether there have been any substantial changes to the plat as previously approved.

(History: Ord. ZRR-3527, §19, 2026; Ord. ZRR-2454 §8, 2003; ZRR-2015 §13, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.290 Applications for Lot Splits

Applications for lot splits shall be accompanied by a survey showing the new lots to be created, together with legal descriptions of each new lot.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.300 Consideration of Lot Splits

The Director of Planning and Development Services shall approve applications for lot splits if it is determined that the lot has not been previously split, that the new lots so created conform to the requirements of this ordinance, and that adequate street rights-of- way and easements exist to serve the properties. The Director of Planning and Development Services may require the dedication of additional street rights-of-way or easements as a condition precedent to issuance of buildings permits for the new lots where such dedications are reasonably related to the development of the properties. All applications for lot splits shall be acted upon by the Director of Planning and Development Services within 30 days after receipt of a complete application therefor. Denial of an application for a lot split by the Director of Planning and Development Services may be appealed to the Planning Commission, which shall act on the appeal within 30 days following the filing thereof. All decisions of the Planning Commission shall be final.

(History: Ord. ZRR-2343 §27, 2002; ZRR-1725; ZRR-1637; ZRR-1343)

Effective on: 1/1/1901

18.140.310 Applications for Vacation of Streets or Reservations

Where an application for the vacation of any street, alley, utility easement or other public reservation by ordinance is not made by the owners of lands adjoining on both sides of the street, alley or public reservation to be vacated, the application shall be accompanied by affidavits of all such owners not joining in the application indicating their consent to the vacation. Copies of the application shall be filed in both the office of the City Clerk and the office of the Director of Planning and Development Services. The application shall be accompanied by a legal description and survey or such other drawing acceptable to the Director of Planning and Development Services depicting the street, alley or public reservation sought to be vacated and the properties and property ownerships surrounding said street, alley or public reservation.

(History: Ord. ZRR-2343 §28, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.320 Consideration of Vacations

1. A.
   Applications to vacate a street, alley, utility easement or other public reservation by ordinance may only be considered at a public hearing following notice to surrounding property owners as provided in Section 18.140.080 and publication notice as hereinafter provided. Notice shall be published for two consecutive weeks in an official City newspaper. The notice shall state that an application for vacation has been filed in the office of the City Clerk, describing the property fully, and that a hearing thereon before the Governing Body will be held on a date certain after the completion of such publication notice, naming the day on which the hearing will be held, and that at such time and place all persons interested can appear and be heard concerning the application.
2. B.
   The Governing Body or the Director of Planning and Development Services may determine that it would be advisable to obtain the recommendation of Planning Commission concerning a vacation application prior to the public hearing before the Governing Body. In that event, the Planning Commission shall hold its own public hearing on the application following publication notice and notice to surrounding property owners in accordance with the provisions of Sections 18.140.070 and 18.140.080, respectively. At the conclusion of any such hearing, the Planning Commission shall submit its recommendation on the application to the Governing Body.
3. C.
   At the time designated in the publication notice for its hearing, the Governing Body shall proceed to hear the application, or may adjourn the hearing from time to time to some day and hour certain, as deemed necessary, and which adjournment shall be noted upon the record of the proceedings thereof. At the hearing, the Governing Body shall hear such testimony as may be presented or required in order to fully understand the true nature of the application and the propriety of granting the same.
4. D.
   The Governing Body shall approve the application if it determines from the evidence that:

   1. 1.
      Due and legal notice has been given by publication as required herein.
   2. 2.
      No private rights will be injured or endangered by the vacation.
   3. 3.
      The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.
5. E.
   An application shall not be granted if, at the time of or before the hearing, a written objection thereto is filed with the Governing Body by any owner or adjoining owner who would be a proper party to the application, but has not joined therein.

(History: Ord. ZRR-2343 §29, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.330 Applications for Appeals of Administrative Decisions

An application for appeal from a decision of the Director of Planning and Development Services, the Code Administrator, or any other officer administering the provisions of this ordinance, which shall constitute a notice of appeal, shall be filed with the Director of Planning and Development Services within 30 days of the date of the decision by the officer administering this ordinance which is being appealed. A copy of the notice of appeal shall be served on the person whose decision is being appealed. The officer whose decision is being appealed shall thereafter transmit to the secretary of the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

(History: Ord. ZRR-2343 §30, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.340 Consideration of Appeals

1. A.
   Appeals from the decision of any official administering the provisions of this ordinance shall be filed with the Secretary of the Board of Zoning Appeals within 30 days from the date of the decision by the officer whose decision is being appealed. A copy of the notice of appeal shall also be served upon the officer whose decision is being appealed. Thereafter, the officer whose decision is being appealed shall prepare and transmit to the Secretary of the Board of Zoning Appeals a complete record of all proceedings relating to the appeal.
2. B.
   Consideration of appeals by the Board of Zoning Appeals shall be at a public hearing, following publication notice as provided by Section 18.140.070.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.350 Consideration of Variances

1. A.
   The Board of Zoning Appeals may grant a variance from the specific terms of this ordinance which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship for the applicant, and provided that the spirit of this ordinance shall be observed, the public safety and welfare secured and substantial justice done of the applicant. Provided, however, that the Board shall not have jurisdiction to grant a variance for property zoned under a Planned Zoning District.
2. B.
   An application for a variance may only be granted upon a finding by the Board that all of the following conditions have been met:

   1. 1.
      That the variance requested arises from a condition which is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant.
   2. 2.
      That the granting of the variance will not adversely affect the rights of adjacent landowners or residents.
   3. 3.
      That the strict application of the provisions of this ordinance would constitute unnecessary hardship upon the landowner represented in the application.
   4. 4.
      That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
   5. 5.
      That granting the variance will not be opposed to the general spirit and intent of this ordinance.
3. C.
   Variances shall only be considered after a public hearing has been held, following publication notice and notice to surrounding property owners as provided by Sections 18.140.070 and 18.140.080, respectively. A copy of the publication notice shall also be mailed to the applicant and to the Planning Commission. Proof of mailing shall be filed under oath by the applicant with the Secretary of the Board of Zoning Appeals prior to the hearing.

(History: Ord. ZRR-3164 §3, 2017; ZRR-2856 §2, 2010; ZRR-2343 §31, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.360 Applications for Nonconforming Situations Permits

An application for a nonconforming situations permit shall be accompanied by a sketch plan, in such detail as may be reasonably required by the Director of Planning and Development Services, depicting the proposed nonconformity and its relationship with surrounding properties.

(History: Ord. ZRR-2343 §32, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.370 Applications for Vested Development Rights Permits

An application for a vested development rights permit shall be accompanied by such other information as may reasonably be required by the Director of Planning and Development Services.

(History: Ord. ZRR-2343 §33, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.380 Consideration of Nonconforming Situations Permits and Vested Development Rights Permits

Nonconforming situations permits and vested development rights permits shall be considered by the permit-issuing authority in accordance with the provisions of 18.410. The permit-issuing authority may, in its discretion, elect to conduct a public hearing, following publication notice and/or notice to surrounding property owners as provided by Sections 18.140.070 and 18.140.080, respectively, prior to consideration of any such permit.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.390 Consideration of Dedication Requirements Appeals

Any person required to dedicate street right-of-way or other land for public purposes as a condition to approval of any permit or application may appeal such requirement to the Governing Body within 15 days of the imposition of such condition. On appeal, the burden will be on the appellant to establish the lack of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, or lack of rough proportionality between the dedication requirement and the traffic demands or safety concerns created by the development.

(History: Ord. ZRR-2015 §14, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.400 Conditional Approvals

In approving any application, the approving authority may stipulate that the approval is subject to compliance with certain specified conditions including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, participation in transportation systems management programs, participation in improvement districts or other programs for financing public facilities, dedication of rights-of-way, etc.

(History: Ord. ZRR-2015 §15, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.410 Written Findings

Unless otherwise specifically provided in this ordinance, written findings are not required for a final decision on any application. Provided, however, that any decision may be expressly made subject to the subsequent adoption of written findings and, in such cases, the decision shall not be considered final until such findings are adopted. Provided further, that where an appeal of any quasi-judicial decision has been filed in the District Court of Johnson County pursuant to K.S.A. 12-760 or K.S.A. 60-2101(d) in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within 45 days of service of the appeal on the City and thereafter shall be certified to the District Court as part of the administrative record. The 45-day time period for adoption and certification of findings may be extended with the permission of the District Court.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.420 Final Decision Where Ordinance Required

In the case of approval of a zoning text amendment, rezoning, special use permit or other application where adoption of an ordinance is required, the decision approving the application shall not be deemed to be final until the ordinance has been published in an official City newspaper. Except as otherwise provided in Section 18.140.160, in all other cases, the decision shall be deemed final as of the date that the approving authority votes to approve or deny the application.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.140.430 Appeals of Final Decisions

Except where this ordinance provides for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this ordinance desiring to appeal said decision shall file the appeal in the District Court of Johnson County within 30 days of the making of the decision.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.24)

Effective on: 1/1/1901

18.140.450 Filing Fees

Filing fees for all applications shall be .fixed by the City Manager, pursuant to the Planning and Development Fee and Cost Recovery Policy as adopted by the Governing Body, and the City Manager or their designee may establish any and all policies or waivers related to the same.​​​​​​​ Copies of the current schedule of ​​​​​​​filing fees shall be on file in the offices of the City Clerk and the Director of Planning and Development Services.

(History: Ord. CM-3433 §6, 2023; ​​​​​​​Ord. ZRR-2343 §34, 2002; ZRR-1725; ZRR-1637; ZRR-835; ZRR-413 §17.24)

Effective on: 1/1/1901

18.140.460 Limitation on Successive Rezoning Applications by Landowner

1. A.
   No application for rezoning by a landowner or a landowner's agent shall be accepted if any application for substantially the same property has been filed and advertised for public hearing within the preceding 6 months.
2. B.
   For purposes of subsection A, the preceding 6-month period shall be determined as follows:

   1. 1.
      If there was final action (either approval or denial) on the prior application, the 6-month period shall run from the date of such action.
   2. 2.
      If the prior application was withdrawn after being advertised for public hearing, the 6-month period shall run from the date the application was withdrawn.
3. C.
   The Director of Planning and Development Services shall determine if an application concerns "substantially the same property" as a prior application. The landowner may appeal any such determination to the Planning Commission.
4. D.
   The Governing Body may waive the limitation in this section for good cause shown.

(History: Ord. ZRR-2343 §35, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.150.010 Districts Designated

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, altering, moving or use of buildings and structures, the corporate area of the City is divided into twenty Conventional Zoning Districts enacted pursuant to K.S.A. 12-753, nineteen Planned Zoning Districts enacted pursuant to K.S.A. 12-755, and a Special Flood Hazard Area enacted pursuant to K.S.A. 12-753 and K.S.A. 12-766.

1. A.
   The Conventional Zoning Districts are designated as follows:

The Planned Zoning Districts are designated as follows:

2. B.
   The Special Flood Hazard Area is designated in, and subject to the provisions of, Chapter 18.360. In addition to the regulations set forth in Chapter 18.360, all property lying within the boundaries of the Special Flood Hazard Area shall also be subject to the regulations specified in Chapter 18.360 .

(History: Ord. ZRR-3164 §4, 2017; ZRR-2590 §4, 2005; ZRR-2507 §2, 2004; ZRR-2478 §2, 2004; ZRR-2450 §16, 2003; ZRR-2343 §39, 2002; ZRR-2345 §4 2002; ZRR-2025 §1, 97; ZRR-1725; ZRR-1636; ZRR-889 §18.04; ZRR-772)

Effective on: 1/1/1901

18.150.015 Status of Repealed Zoning Districts

All properties in the City which were zoned R-4, Cluster Dwelling District, prior to August 3, 1977, or REC, Recreational District, prior to June 27, 1990, shall remain so designated on the Zoning District Map but shall be limited to those uses permitted under the respective district regulations as they were in effect immediately prior to the date they were repealed. The existing structures on the properties may remain in place subject to the restrictions which apply to nonconforming structures as set out in 18.410. Existing signs, fences and accessory structures may be replaced and maintained, but shall not be increased in size or in number without rezoning the property to a district listed in Section 18.150.010 or receiving approval of a special use permit for the use of the property. The construction of any new structures or the redevelopment of existing structures not otherwise permitted under 18.410 shall be permitted only after the property is rezoned to a district listed in Section 18.150.010 or a special use permit is approved for the use of the property.

(History: Ord. ZRR-1725)

Effective on: 1/1/1901

18.150.020 Official Zoning Map

The boundaries of the zoning districts enumerated in Section 18.150.010 and in Article 7 of the Johnson County, Kansas, Zoning & Subdivison Regulations adopted herein shall be shown on a map officially designated as the Zoning District Map, which map is hereby incorporated by reference. Such "Zoning District Map" shall be marked "official copy of zoning district map incorporated into the zoning regulations by adoption of a zoning ordinance by the Governing Body of the City on the ____ day of _________, 2007," and shall be filed in the office of the Director of Planning and Development Services of the City of Overland Park, Kansas, to be open to inspection and available to the public at all reasonable business hours. Ordinances amending the boundaries of zoning districts shall order the "Zoning District Map" to be changed to reflect such amendment, shall amend this Section 18.150.020, and shall reincorporate such "Zoning District Map" as amended.

(History: Ord. ZRR-2691 §13, 2008; ZRR-2450 §17, 2003; ZRR-2374 §13, 2002; ZRR-2012; ZRR-1725; ZRR-1636; ZRR-889 §18.04)

Effective on: 1/1/1901

18.150.030 Conformance to Comprehensive Plan

In the consideration of any application for a zoning amendment or a special use request, the Planning Commission and the Governing Body shall determine whether the proposal conforms to the adopted Comprehensive​​​​​​​ Plan and any other recognized plans, studies or policies normally utilized by the City in making land use decisions.

(History: Ord. ZRR-3416 §15, 2023; ​​​​​​​Ord. ZRR-1725; ZRR-1636; ZRR-889 §18.04)

Effective on: 1/1/1901

18.150.040 General Requirements Applicable to All Zoning Districts

1. A.
   Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the chapter of this ordinance applicable to the zoning district in which such building, structure or land is situated.
2. B.
   Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limits established in the chapter of this ordinance applicable to the zoning district in which such building or structure is situated.
3. C.
   Except as otherwise specifically provided, no lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed, nor shall the density be increased in any manner, except in conformity with the area regulations in the chapter of this ordinance applicable to the zoning district in which the lot or property is situated.
4. D.
   Except as otherwise specifically provided, all provisions of this ordinance applicable to a conventional zoning district shall be equally applicable to an equivalent planned zoning district. For such purposes, the following districts are considered to be equivalent: R-1 and RP-1; R-1A and RP-1A; R-2 and RP-2; R-3 and RP-3; R-5 and RP-5; R-6 and RP-6; C-0 and CP-0; C-1 and CP-1; C-2 and CP-2; C-3 and CP-3; M-1 and MP-1; and M-2 and MP-2.
5. E.
   Except as otherwise specifically provided, no building, structure or site improvement shall be erected, constructed, reconstructed, moved or altered except in compliance with any applicable final development plans, site plans or other development plans approved by the Governing Body, the Planning Commission or the Planning and Development Services Department. For the purposes of this section, compliance with approved plans shall include both compliance with the content of the plan drawings and compliance with any conditions or stipulations attached to such approval.

(History: Ord. ZRR-2343 §40, 2002; ZRR-1925; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.150.050 Performance Standards; Measurement

In some districts, performance standards capable of quantitative measurement are established. Except to the extent modified in the specific zoning district regulations, the following general provisions shall apply to measure compliance with such performance standards.

1. A.
   Smoke

   For the purpose of determining the density of equivalent opacity of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines, shall be used. The Ringlemann number indicated as the performance standard in certain zoning districts refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed.

2. B.
   Vibration

   Vibrations are measured in particle velocity and are to be measured at the property line or other designated location. The instrument used to measure vibrations shall be a three- component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions. The vibration maximums indicated as the performance standard in certain zoning districts may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F x D

Where:

PV = particle velocity, inches-per-second

F = vibration frequency, cycles-per-second

D = single amplitude displacement of the vibration, inches

1.   
   The maximum velocity shall be the vector sum of the three components recorded. Unless specifically indicated to the contrary in the zoning district regulations, vibration resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the indicated performance standard.

3. C.
   Glare
   Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination.

(History: Ord. ZRR-2285 §1, 2001; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

18.150.060 Planned Zoning Districts; Statement of Objectives

The zoning of land to one of the planned zoning districts designated in subsection B of Section 18.150.010 shall be for the purpose of encouraging and requiring orderly development at a quality level generally equal to or exceeding that commonly found in projects developed under conventional zoning, but permitting deviations from the normal and established development techniques. The use of planned zoning procedures is intended to encourage large-scale developments, efficient development of small tracts, innovative and imaginative site planning, conservation of natural resources and minimum waste of land. The following are specific objectives of the planned zoning districts:

1. A.
   The conventional zoning districts should generally not be applied to the improvement of land by other than lot-by-lot development. Consequently, with the exception of standard single-family and two-family residential subdivisions, development proposals which are intended to be subdivided into multiple lots should generally be rezoned to one or more planned zoning districts to ensure the compatibility, coordination, timing and sequencing of development.
2. B.
   Planned developments are groupings of buildings or building sites that are planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the City. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with the development standards, architectural quality, sign concepts and other conditions that were committed to at the time of the rezoning. The submittal by the developer and the approval by the City of development plans represents a firm commitment by the developer that development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space.
3. C.
   Planned residential developments should be designed in a manner that will produce more usable open space, better recreational opportunities, and safer and more attractive neighborhoods than under conventional zoning and development techniques.
4. D.
   Planned commercial developments should be designed so as to result in attractive, viable and safe centers and clusters, as opposed to strip patterns of developments. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods, and to assure minimum adverse affects on the street system and other services of the community.
5. E.
   The developer will be given latitude in using innovative techniques in the development of land not feasible under application of conventional zoning requirements.
6. F.
   Deviations from development requirements as provided for in Section 18.150.070 may be approved if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced.

(History: Ord. ZRR-2698 §3, 2007; ZRR-1725; ZRR-1637; ZRR-1217; ZRR-1117; ZRR-889 §18.04)

Effective on: 1/1/1901

18.150.070 Planned Zoning Districts and Non-residential Uses in Residential Districts; Standards of Development; Deviations

1. A.
   The uses permitted in any planned zoning district shall be those set forth in the chapter applicable to that planned zoning district. Provided, however, where found to be reasonably necessary in the interest of the public health, safety and general welfare, the City may condition approval of a development plan by specifying that certain uses otherwise permitted in the district shall not be allowed in that particular development.
2. B.
   At the time of preliminary development plan approval, the applicant may propose, or the City may require, that a phasing plan be submitted setting forth the timing and sequencing of development among various types of uses or subgroups of uses or buildings in the development.
3. C.
   As a general rule, the density or intensity of residential land uses shall be as set forth in the chapter applicable to a particular planned zoning district. Provided, however, that as long as the overall density of the development does not exceed the density otherwise permitted for a parcel of that size, taking into consideration standard street patterns and right-of-way requirements, the density of portions of the development may vary from that otherwise applicable to that planned zoning district. In determining whether or not to allow the density of development to be varied, the Planning Commission and Governing Body shall give consideration to the following: (1) the amount, location and proposed use of common open space; (2) the location and physical characteristics of the site of the proposed development; and (3) the location, design and type of dwelling units and other uses.
4. D.
   Any common open space resulting from the variance of standards for density or intensity of land shall be set aside for the use and benefit of the residents of such development. Several planned zoning districts contain minimum landscaped open space requirements; in other cases, the amount of common open space shall be determined at the time of preliminary development plan approval. As a condition of preliminary development plan approval, the Planning Commission or Governing Body may require that the developer provide for and establish an agency for the ownership and maintenance of any common open space and may require assurance of the financial and administrative ability of any such agency. Further, the Planning Commission or Governing Body may require that any such agency shall not be dissolved or permitted to dispose of any common open space by sale or otherwise (except to a new agency assuming all the duties and obligations of the original agency) without first offering to dedicate the same to the City or any other government agency. Failure of the agency to maintain the common open space shall be considered to be a violation of this Ordinance and subject to the penalties and/or remedies set forth in Section 18.100.110.
5. E.
   Except as specifically provided in the chapters relating to particular planned zoning districts, there shall be no minimum number of dwelling units and no minimum acreage requirements for any planned development.
6. F.
   At the time of final development plan approval, the Planning Commission may apply the provisions of 18.460 and 18.470 to the planned development and, upon the acceptance of the Governing Body, the filing of the final development plan with the Johnson County Records and Tax Administration shall constitute the effective dedication of easements, rights-of-way, access control and the equivalent of and alternate for the platting of land prior to the issuance of buildings permits for the planned development. Rule exceptions to the standards set forth in 18.460 may be granted at the time of such final development plan approval under the same conditions applicable to plat approvals.
7. G.
   Standards for the design, bulk and location of buildings and structures shall be as set forth in the chapters applicable to any planned zoning district. Provided, that the Planning Commission or Governing Body may, in the process of approving preliminary or final development plans, approve the following deviations from the minimum standards where there is ample evidence that the deviations will not adversely affect neighboring property and that such action will not constitute the mere granting of a privilege:

   1. 1.
      Setbacks of buildings and paved areas from a public street right-of-way may be reduced to 75% of the stated requirement.
   2. 2.
      Setbacks of buildings from a property line other than a public street right-of-way may be reduced to 85% of the stated requirement and setbacks of paved areas from a property line other than a public street right-of-way may be reduced to zero, if existing or proposed development on said adjacent land justifies any such reduction.
   3. 3.
      Side yards between buildings may be reduced to zero.
   4. 4.
      Setbacks of buildings and paved areas from a freeway right-of-way may be reduced to five feet.
   5. 5.
      A portion of the parking area required under this Title may remain unimproved until such time as the City Council deems it must be improved to serve parking demand adequately.
   6. 6.
      In the RP-3, RP-5 and RP-6 districts, the required front, side and rear yards between abutting R-1 property, commercial streets, super-collectors and thoroughfares or rights-of-way for interstates, highways and freeways may be reduced in such circumstances where the project sufficiently mitigates negative impacts by the use of unique and innovative site planning, buffering or landscaping techniques.
   7. 7.
      Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project and shall be in keeping with good land use planning principles.
8. H.
   Property in a planned district is subject to both the development and performance standards of the district as specified in the UDO and any relevant design standards as adopted by reference. In recognition of the complexity of development and the intent of the City's regulations to improve the overall quality of development, reasonable flexibility from the standards to promote higher quality design may at times be necessary in order to recognize circumstances and factors that are specific to the proposed use, structure, features or land proposed for development. 
   
   Unless otherwise specifically stated in the code, the Planning Commission or Governing Body may, in the process of approving preliminary or final development plans, approve deviations from either: (i) applicable development standards for non-residential uses in residential districts, or (ii) applicable development standards for planned developments other than those listed in subsection G of this Section , if it finds that all of the following conditions are met:

   1. 1.
      The relief requested promotes development that complements surrounding properties in terms of building scale, form and land utilization. 
   2. 2.
      The granting of the deviation will not adversely affect the rights of adjacent landowners or residents.
   3. 3.
      There are circumstances or conditions affecting the development such that the strict application of these regulations would unreasonably affect the applicant or landowner. 
   4. 4.
      That the deviation desired will not adversely affect the public health, safety, or general welfare.
   5. 5.
      The relief requested promotes sound planning and urban design principles that are consistent with the general spirit and intent of this Ordinance.
9. I.
   The design of all planned developments and all non-residential uses in residential districts shall be such that access and circulation by firefighting equipment and other emergency vehicles is assured and may not be retarded by steep grades, heavy landscaping or building spacing.

(History: Ord. ZRR-3396 §1, 2023; Ord. ZRR-3285 §1, 2020; Ord. ZRR-2698 §4, 2007; ZRR-1725; ZRR-1636; ZRR-889 §18.04)

Effective on: 1/1/1901

18.160.010 Statement of Intent

The zoning of property as A, Agricultural District, is intended to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production or the raising of livestock and to serve as a holding zone for lands where future urban expansion is possible, but not yet appropriate due to the unavailability of urban level facilities and services. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The district is further intended to preserve open space and natural resource areas.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.160.020 Permitted Uses

No building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.160.060:

1. A.
   Single-family dwellings;
2. B.
   Agricultural uses;
3. C.
   Fish hatcheries and aviaries;
4. D.
   Fishing lakes and picnic groves provided no concession or retail sales shall be permitted;
5. E.
   Forests and wildlife reservations, or similar facilities;
6. F.
   Fur farming for the raising of fur bearing animals, excluding skunks and civet cats;
7. G.
   Accessory uses as provided in 18.390;
8. H.
   Utility structures, subject to the provisions set forth in Section 18.180.070(H).
9. I.
   Wind turbine and roof-mounted wind turbine(s).

(History: Ord. ZRR-2836 §2, 2010; ZRR-2262 §2, 2001; ZRR-1725; ZRR-1637; ZRR-889 §18.06)

Effective on: 1/1/1901

18.160.030 Height and Area Regulations

The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Residences -- 2-1/2 stories, not exceeding 35 feet;
   2. 2.
      Agricultural structures -- 50 feet;
   3. 3.
      Accessory structures and uses, other than agricultural structures -- 1-1/2 stories, not exceeding 20 feet and not exceeding the height of the main residential structure.
2. B.
   Minimum front yard -- 50 feet;
3. C.
   Minimum side yard -- 25 feet;
4. D.
   Minimum rear yard -- 75 feet;
5. E.
   Minimum lot width -- 300 feet;
6. F.
   Minimum lot depth -- 300 feet;
7. G.
   Maximum lot depth to width ratio -- 3:1;
8. H.
   Lot area per dwelling -- 20 acres.

(History: Ord. ZRR-3039 §2, 2014; ZRR-1725; ZRR-1637; ZRR-889 §18.06)

Effective on: 1/1/1901

18.160.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §6, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.06)

Effective on: 1/1/1901

18.160.060 Development and Performance Standards

1. A.
   Agricultural uses are permitted with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses, and with no restrictions to the sale or marketing of products raised on the premises; provided that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry shall be located at least 100 feet from residentially zoned land, and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of property residentially zoned land.
2. B.
   A building permit in this district will not be issued until a plot plan showing the proposed building and property lines is submitted and approved by the Director of Planning and Developmental Services.
3. C.
   No detached accessory buildings shall be located within the required front yard.
4. D.
   All detached accessory buildings located within a side yard shall be set back a minimum of 10 feet from the side lot line in the case of an interior lot, or 25 feet in the case of a corner lot.
5. E.
   All detached accessory buildings located in the rear yard shall be set back a minimum of 25 feet from the rear lot line.
6. F.
   A ground-mounted wind turbine is permitted to a maximum height of 100 feet, measured from average grade at the tower base to the highest point of the wind turbine structure, including blades, if applicable. A lightning rod, not to exceed 10 feet, shall not be included within the height limitations. In addition, a ground- or roof-mounted wind turbine shall be subject to the performance standards outlined in 18.370.040.

(History: Ord. No. ZRR-3357 §3, 2022; Ord. ZRR-3039 §3, 2014; ZRR-2836 §3, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.06)

Effective on: 1/1/1901

18.170.010 Statement of Intent

The zoning of property as RE, Residential Estates District, is intended to provide for single-family detached dwellings at a density not to exceed one dwelling unit per acre and other selected uses which are compatible with the large-lot/low-density residential character of this district. Property zoned RE should include only those tracts which abut or are in close proximity to existing large-lot single-family development and which have an established neighborhood character of single-family dwellings on large lots containing a minimum of one acre. Land considered for the RE District should also include only that land which, due to its location or the conditions resulting from adjacent large-lot residential development, will not be provided public sanitary sewers within a reasonable period of time.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.020 Permitted Uses

No building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.170.100:

1. A.
   Agricultural uses;
2. B.
   Dwellings, one family;
3. C.
   Churches and publicly-owned and operated community buildings, public museums, public libraries;
4. D.
   Public parks and playgrounds, including public recreation and service buildings and publicly-owned swimming pools;
5. E.
   Private parks, playgrounds, swimming pools, tennis courts, clubhouses and other recreation facilities within a subdivision for the use of subdivision residents;
6. F.
   Public schools, and private schools with a curriculum equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction therewith, if located on the campus;
7. G.
   Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges, and other similar activities operated as a business);
8. H.
   Residential real estate sales offices;
9. I.
   Accessory uses as provided in 18.390;
10. J.
    Utility structures, subject to the provisions set forth in Section 18.180.070(H).

(History: Ord. ZRR-2262 §3, 2001; ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.030 Height and Area Regulations

The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Residences -- two and one-half stories, not exceeding 35 feet.
   2. 2.
      Non-residential structures -- 50 feet.
   3. 3.
      Accessory structures and uses, other than non-residential structures -- one and one-half stories, not exceeding 20 feet.
2. B.
   Minimum front yard -- 50 feet.
3. C.
   Minimum side yard -- 25 feet.
4. D.
   Minimum rear yard -- 75 feet.
5. E.
   Minimum lot width -- 125 feet.
6. F.
   Maximum lot depth to width ratio -- 3:1.
7. G.
   Minimum Lot area per dwelling -- one acre (43,560 square feet).

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §7, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.050 District Size

All parcels hereafter zoned RE shall contain a minimum of forty acres of land; provided that the Planning Commission and Governing Body may waive this requirement if the proposed tract abuts an existing large-lot development and the proposed tract will enable a compatible extension of existing development.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.060 Plan Approval

For all uses and structures other than single-family residences and their accessory uses, preliminary development plans and final development plans shall be approved prior to the issuance of building permits. Preliminary development plan approvals given by the Planning Commission prior to September 1, 1985, are hereby deemed to have expired unless final development plans have also been approved prior to the effective date of this ordinance. The procedures applicable to all such preliminary and final development plans are set forth in 18.140. Once a preliminary or final development plan has been approved by the City, no development approvals shall be granted and no building permits shall be issued for any construction activity within the boundary of that plan that is not in compliance with the approved plan.

(History: ZRR-2156 §2, 99; ZRR-1725; ZRR-1637; ZRR-1399; ZRR-1342)

Effective on: 1/1/1901

18.170.080 Septic Tank Study Required

At the time of filing an application for RE zoning, the applicant shall submit a septic tank suitability study for consideration by the Planning Commission and Governing Body. Such septic tank suitability study shall be conducted by a licensed engineer or competent professional testing company. The septic tank study shall include results of percolation tests on the ratio of one test hole per five acres, or fraction thereof, of land contained within the application. The required test holes shall be spaced evenly throughout the property so as to give a septic suitability analysis of the entire tract. The Planning Commission and Governing Body may require additional testing of the site pending review of the initial study results. Such septic tank study shall show that the use of septic tanks on the requested land will not endanger the public health, safety or general welfare. If the study indicates that septic tank usage would have an adverse effect on the public health, safety or general welfare, the applicant may submit a proposal to mitigate the problem in such a way as to permit the use of septic tanks in a safe manner. See Section 18.140.270.B.2 for additional requirements.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.090 Deed Restrictions Required

At the time of filing an application for RE zoning, the applicant shall submit deed restrictions which as a minimum shall contain provisions which cover conditions outlined in Sections 13.05.035, 13.08.025 and 15.08.100 of the Overland Park Municipal Code. Such deed restrictions shall apply to all of the land contained within the requested RE district, and shall run with the land. A copy of such deed restrictions recorded with the Johnson County Register of Deeds shall be furnished to the Director of Planning and Development Services prior to the publication of any rezoning ordinance for any RE district.

(History: Ord. ZRR-2343 §44, 2002; ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.170.100 Development and Performance Standards

1. A.
   No detached accessory building shall be located within the front yard.
2. B.
   All detached accessory buildings located within a side yard shall be set back a minimum of 10 feet from the side lot line in the case of an interior lot, or 25 feet in the case of a corner lot.
3. C.
   All detached accessory buildings located in the rear yard shall be set back a minimum of 25 feet from the rear lot line.
4. D.
   Approval or disapproval of proposed preliminary development plans for non-residential uses shall be based upon the following:

   1. 1.
      The capability of the site to accommodate the building, parking and drives with appropriate open space and safe and easy ingress and egress.
   2. 2.
      An appropriate degree of harmony will prevail between the architectural quality of the proposed building and the surrounding neighborhood.
   3. 3.
      The appropriateness of the minimum dimensions and areas of lots and yards stated in Section 18.170.030 may be considered and increased; in the case of a church, the site shall be of not less than four acres in area, and shall have direct access to a thoroughfare, super-collector or collector street.
5. E.
   Residential real estate sales offices are subject to the following standards:

   1. 1.
      There shall be only one residential real estate sales office in any one subdivision.
   2. 2.
      All sales shall be limited to the sale of new properties located within that subdivision.
   3. 3.
      Any sales office within a subdivision shall be located within a permanent residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Manufactured homes, mobile homes and construction trailers shall not be permitted.
   4. 4.
      No additional parking facilities other than adjacent on-street or customary driveway parking shall be permitted.
   5. 5.
      Each residential real estate sales office shall obtain a Certificate of Occupancy from the Code Administrator or his designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated.
   6. 6.
      Upon issuance of any Certificate of Occupancy for 90% of the homes within the subdivision, the sales office shall be terminated.
   7. 7.
      Any residential real estate sales office which meets the above standards will be exempt from the plan approval requirements set forth in 18.140.

(History: Ord. ZRR-2698 §5, 2007; ZRR-2285 §2, 2001; ZRR-1725; ZRR-1637; ZRR-1342)

Effective on: 1/1/1901

18.174.010 Statement of Intent

The zoning of property as RP-OE, Planned Open Space Estate Residential District, is intended to provide for the development of very low-density residential development in newly developing areas, where adequate public facilities and infrastructure are available or will be available in the near future, and where greater flexibility is needed to allow for the preservation of natural features, such as riparian areas, flood plain, wetlands, and areas with steep slopes. Flexibility from the traditional residential estate large-lot standards (RE, Residential Estate District) is offered to allow for creative subdivision design, while maintaining a very low-density character and an opportunity to preserve open space. Property zoned RP-OE shall be provided with public sanitary sewers prior to, or concurrent with, development.

(History: Ord. ZRR-2345 §5, 2002)

Effective on: 1/1/1901

18.174.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the uses permitted in District R-1, subject to the development and performance standards set forth in 18.180.

(History: Ord. ZRR-2345 §5, 2002)

Effective on: 1/1/1901

18.174.030 Height and Area Regulations

The maximum height of buildings, the minimum dimension of lots and yards, and the minimum lot area per dwelling permitted on a lot shall be as follows, except as provided in 18.420.

1. A.
   Maximum height:

   1. 1.
      Residences limited to two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than nonresidential structures, one-story, not exceeding 20 feet and not exceed the height of the main structure.
2. B.
   Minimum front yard -- 15 feet.
3. C.
   Minimum side yard.

   1. 1.
      The total of both side yards shall be not less than 20% of the width of the lot, except that no side yard other than a street-side yard on a corner lot need be more than 15 feet.
   2. 2.
      No side yard shall be less than six feet.
   3. 3.
      On corner lots, the side yard on the street side shall not be less than 15 feet.
4. D.
   Minimum rear yard – 10 feet when adjacent to designated open space lands, otherwise 25 feet.
5. E.
   Minimum lot width – 50 foot.
6. F.
   Average lot depth – 85 feet when lot is adjacent to designated open space lands, otherwise 115-feet.
7. G.
   Maximum density – 1 unit per gross acre.

(History: Ord. ZRR-2449 §1, 2003; ZRR-2345 §5, 2002)

Effective on: 1/1/1901

18.174.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §8, 2023; Ord. ZRR-2345 §5, 2002)

Effective on: 1/1/1901

18.174.050 Development and Performance Standards

1. A.
   District Size – All parcels hereafter zoned RP-OE, Planned Open Space Estate Residential District shall contain a minimum of 15 acres of land, provided that the Planning Commission and Governing Body may waive this requirement if the proposed tract of land abuts an existing development zoned RP-OE; Planned Open Space Estate Residential District, and the proposed tract will enable a compatible extension of the existing development.
2. B.
   Open Space Lands Requirement - The subdivision must include at least 40% of the total gross land acreage as open space lands.

   1. 1.
      Not less than 10% of this open space lands shall be in a form usable to and accessible by the residents.
   2. 2.
      In addition, no more than 50% of the open space lands shall be comprised of active recreational uses.
3. C.
   Uses Permitted on Open Space Lands

   The following uses are permitted in open space land areas:

   1. 1.
      Low-impact passive uses include conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow), agricultural uses as defined by 18.110.040, village/central greens, neighborhood squares, common areas, picnic areas, community gardens, walking trails, bikeways, other kinds of pathways, cemeteries, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Commission and Governing Body.
   2. 2.
      Active recreation uses (no more than 50% of the required open space lands) include recreational playing fields, golf courses, playgrounds, tennis courts, neighborhood pools, clubhouse structures, equestrian facilities, and parking lots provided such areas do not consume more than half of the minimum required open space land. Recreational playing fields, playgrounds, and tennis courts shall not be located within 100 feet of abutting properties. Parking facilities should generally be unlighted and provide no more than 10 parking spaces.
4. D.
   See 18.180.070, which is incorporated herein by reference.

(History: Ord. ZRR-3373 §9, 2023; Ord. ZRR-2480 §1, 2004, ZRR-2345 §5, 2002)

Effective on: 1/1/1901

18.174.060 Submittal and Review Requirements

1. A.
   Architectural Review

   All single-family homes and single-family accessory structures are exempt from the architectural review identified in Sections 18.140.190.A4 and 18.140.210.A3 for Preliminary and Final Development Plans, respectively.

2. B.
   Maintenance of Open Space

   The applicant shall, at the time of preliminary plan submission, provide a plan acceptable to the City that demonstrates that all common open space and natural conservation areas will be managed by a responsible party able to maintain those areas in a natural and open space state, and in a neat and attractive condition in compliance with any applicable laws, ordinances, rules or regulations, in perpetuity. The plan may include, without being limited to, mechanisms such as deed restrictions, covenants or conditions which include the authority to lien the developed property for the costs of maintenance; conservation easements to private or public entities; dedication to a governmental entity; non-development agreements; homeowner, condominium or town home or community associations maintenance agreements; use of national, state or local land trusts, or other legal means that ensure the permanent protection and perpetual maintenance of such areas in an undeveloped and properly maintained condition. Such legal means shall be legally enforceable by the City or private parties, or both, and must provide that upon failure of a responsible party to properly manage and maintain such areas, the City may assume those responsibilities and charge the owners of the developed property (lot owners within that subdivision responsible for the maintenance of the open space lands) a fee which covers maintenance and administrative costs and collect such costs through a lien on the property if necessary. Where appropriate, and when approved by the City, some or all of such areas can be maintained in a variety of ways, including, without being limited to, being kept for agricultural or passive recreational use or left in the natural state. The form of any instrument used to ensure open space and natural areas preservation shall be approved by the City Attorney as to form and the Director of Planning and Development Services as to content before being submitted as part of any requested land use approval and recorded with the Register of Deeds.

(History: Ord. ZRR-2345 §5, 2002)

Effective on: 1/1/1901

18.176.010 Statement of Intent

The zoning of property as RP-OS, Planned Open Space Single-Family Residential District, is intended to provide for the development of low-density residential development in newly developing areas, where adequate public facilities and infrastructure is available, and where greater flexibility is needed to allow for the preservation of natural features, such as riparian areas, flood plain, wetlands, and other site features. Flexibility from the traditional single-family residential district standards (R-1, Single-Family Residential District) is offered to allow for creative subdivision design, while maintaining a low-density single-family residential character and an opportunity to preserve open space. Property zoned RP-OS shall be provided with public sanitary sewers prior to, or concurrent with, development.

(History: Ord. ZRR-2345 §6, 2002)

Effective on: 1/1/1901

18.176.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the uses permitted in District R-1, subject to the development and performance standards set forth in 18.180.

(History: Ord. ZRR-2345 §6, 2002)

Effective on: 1/1/1901

18.176.030 Height and Area Regulations

The maximum height of buildings, the minimum dimension of lots and yards, and the minimum lot area per dwelling permitted on a lot shall be as follows, except as provided in 18.420.

1. A.
   Maximum height:

   1. 1.
      Residences limited to two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than nonresidential structures, one-story, not exceeding 20 feet and not exceed the height of the main structure.
2. B.
   Minimum front yard -- 15 feet.
3. C.
   Minimum side yard.

   1. 1.
      No side yard shall be less than six feet.
   2. 2.
      On corner lots, the side yard on the street side shall be not less than 10 feet.
4. D.
   Minimum rear yard -- 10 feet when adjacent to designated open space lands, otherwise 25 feet.
5. E.
   Minimum lot width – 50 foot.
6. F.
   Average lot depth – 85 feet when lot is adjacent to designated open space lands, otherwise 115-feet.
7. G.
   Maximum density – 5 units per gross acre.

(History: Ord. ZRR-2613 §1, 2006; ZRR-2449 §2, 2003; ZRR-2345 §6, 2002)

Effective on: 1/1/1901

18.176.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §10, 2023; Ord. ZRR-2345 §6, 2002)

Effective on: 1/1/1901

18.176.050 Development and Performance Standards

1. A.
   District Size – All parcels hereafter zoned RP-OS, Planned Open Space Single-Family Residential District shall contain a minimum of 15 acres of land, provided that the Planning Commission and Governing Body may waive this requirement if the proposed tract of land abuts an existing development zoned RP-OS; Planned Open Space Single-Family Residential District, and the proposed tract will enable a compatible extension of the existing development.
2. B.
   Open Space Lands Requirement - The subdivision must include at least 30% of the total gross land acreage as open space lands.

   1. 1.
      Not less than 20% of this open space lands shall be in a form usable to and accessible by the residents.
   2. 2.
      In addition, no more than 50% of the open space lands shall be comprised of active recreational uses.
3. C.
   Uses Permitted on Open Space Lands
   The following uses are permitted in open space land areas:

   1. 1.
      Low-impact passive uses include conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow), agricultural uses as defined by 18.110.040, village/central greens, neighborhood squares, common areas, picnic areas, community gardens, walking trails, bikeways, other kinds of pathways, cemeteries, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Commission and Governing Body.
   2. 2.
      Active recreation uses (no more than 50% of minimum required open space lands) include recreational playing fields, golf courses, playgrounds, tennis courts, neighborhood pools, clubhouse structures, equestrian facilities, and parking lots provided such areas do not consume more than half of the minimum required open space land. Recreational playing fields, playgrounds, and tennis courts shall not be located within 100 feet of abutting properties. Parking facilities should generally be unlighted and provide no more than 10 parking spaces.
4. D.
   See 18.180.070, which is incorporated herein by reference.

(History: Ord. ZRR-3373 §11, 2023; Ord. ZRR-2345 §6, 2002)

Effective on: 1/1/1901

18.176.060 Submittal and Review Requirements

1. A.
   Architectural Review

   All single-family homes and single-family accessory structures are exempt from the architectural review identified in Sections 18.140.190.A4 and 18.140.210.A3 for Preliminary and Final Development Plans, respectively.

2. B.

   Maintenance of Open Space
   The applicant shall, at the time of preliminary plan submission, provide a plan acceptable to the City that demonstrates that all common open space and natural conservation areas will be managed by a responsible party able to maintain those areas in a natural and open space state, and in a neat and attractive condition in compliance with any applicable laws, ordinances, rules or regulations, in perpetuity. The plan may include, without being limited to, mechanisms such as deed restrictions, covenants or conditions which include the authority to lien the developed property for the costs of maintenance; conservation easements to private or public entities; dedication to a governmental entity; non-development agreements; homeowner, condominium or town home or community associations maintenance agreements; use of national, state or local land trusts, or other legal means that ensure the permanent protection and perpetual maintenance of such areas in an undeveloped and properly maintained condition. Such legal means shall be legally enforceable by the City or private parties, or both, and must provide that upon failure of a responsible party to properly manage and maintain such areas, the City may assume those responsibilities and charge the owners of the developed property (lot owners within that subdivision responsible for the maintenance of the open space lands) a fee which covers maintenance and administrative costs and collect such costs through a lien on the property if necessary. Where appropriate, and when approved by the City, some or all of such areas can be maintained in a variety of ways, including, without being limited to, being kept for agricultural or passive recreational use or left in the natural state. The form of any instrument used to ensure open space and natural areas preservation shall be approved by the City Attorney as to form and the Director of Planning and Development Services as to content before being submitted as part of any requested land use approval and recorded with the Register of Deeds.

(History: Ord. ZRR-2345 §6, 2002)

Effective on: 1/1/1901

18.180.010 Statement of Intent

The zoning of property as R-1, Single-Family Residential District, or RP-1, Planned Single-Family Residential District, is intended to provide for standard low-density residential developments in areas where adequate public facilities and services exist for such development and such development is appropriate given the surrounding land uses and neighborhood. Property zoned R-1 or RP-1 shall be provided with public sanitary sewers, or suitable alternatives, prior to development.

(History: Ord. ZRR-1725; ZRR-1635)

Effective on: 1/1/1901

18.180.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.180.070:

1. A.
   Dwellings, one-family;
2. B.
   Residential-design manufactured homes;
3. C.
   Churches and publicly-owned and operated community buildings, museums and libraries;
4. D.
   Public parks and playgrounds, including public recreation or service buildings and publicly-owned swimming pools;
5. E.
   Private parks, playgrounds, swimming pools, tennis courts, clubhouses and other recreational facilities within a subdivision for the use of subdivision residents;
6. F.
   Public schools, and private schools with a curriculum equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction therewith, if located on the campus;
7. G.
   Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges and other similar activities operated as a business);
8. H.
   Agricultural uses;
9. I.
   Residential real estate sales offices;
10. J.
    Accessory uses as provided in 18.390;
11. K.
    Communications Facilities

    1. 1.
       Towers and Base Stations designed as an architecturally compatible element to an existing non-residential use such as schools, churches, etc., and that comply with the same height and setback requirements as other structures in this district.
    2. 2.
       Antennas mounted on and designed as an architecturally compatible element to an existing non-residential structure or building.
    3. 3.
       Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
12. L.
    Utility structures.
13. M.
    Roof-mounted wind turbine(s) on non-residential structures and non-residential buildings and wind turbines mounted on parking lot light poles located on property developed with a non-residential use.

(History: Ord. ZRR-3134 §14, 2016; ZRR-2836 §4, 2010; ZRR-2262 §4, 2001; ZRR-2004 §3, 96; ZRR-1725; ZRR-1635; ZRR-1205; ZRR-889 §18.08)

Effective on: 1/1/1901

18.180.030 Height and Area Regulations

The maximum height of buildings, the minimum dimension of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Residences -- two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than non-residential structures -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
2. B.
   Minimum front yard:

   1. 1.
      20 feet.
   2. 2.
      30 feet if the property has been preliminary platted prior to January 1, 2010.
   3. 3.
      For Infill and Redevelopment the following shall apply:

      1. a.
         The front setback shall not be less than the average existing setback along the same and facing block faces.
      2. b.
         The front setback shall not be greater than 15 feet back from the average existing setback.
3. C.
   Minimum side yard:

   1. 1.
      The total of both side yards shall be not less than 20% of the width of the lot, except that no side yard other than a street-side yard on a corner lot need be more than 15 feet.
   2. 2.
      No side yard shall be less than 7 feet.
   3. 3.
      The street-side yard on corner lots shall be not less than 20 feet; provided that where the lot backs up to another corner lot, the street-side yard shall be not less than 15 feet.
4. D.
   Minimum rear yard -- 25 feet.
5. E.
   Minimum lot width -- 70 feet.
6. F.
   Average lot depth -- 115 feet.
7. G.
   Minimum lot area per dwelling -- 8,000 square feet. 

(History: Ord. ZRR-2848 §3, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.08)

Effective on: 1/1/1901

18.180.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §12, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.08)

Effective on: 1/1/1901

18.180.050 Plan Approval

For all uses and structures other than single-family residences and their accessory uses, preliminary development plans and final development plans shall be approved prior to the issuance of building permits. Preliminary development plan approvals given by the Planning Commission prior to September 1, 1985 are hereby deemed to have expired unless final development plans have also been approved prior to the effective date of this ordinance. The procedures applicable to all such preliminary and final development plans are set forth in 18.140. Once a preliminary or final development plan has been approved by the City, no development approvals shall be granted and no building permits shall be issued for any construction activity within the boundary of that plan that is not in compliance with the approved plan.

(History: ZRR-2156, §3, 99; ZRR-1725; ZRR-1637; ZRR-1399 §2; ZRR-889 §18.08)

Effective on: 1/1/1901

18.180.070 Development and Performance Standards

1. A.
   Detached accessory buildings shall not be located in any required front or side yard setback area, but may be located in the rear yard setback area provided that no such building may be closer than 3 feet to any interior property line, closer than 20 feet from any street right-of-way line, or in front of any building setback line. The ground area of all detached accessory buildings in the rear yard shall not exceed 30% of the total land area in the rear yard setback. No more than 2 detached accessory buildings shall be permitted for each residence.
2. B.
   No single-family dwelling shall be constructed, reconstructed, altered or moved unless it conforms to the minimum dwelling size regulations set forth in 18.460.
3. C.
   Approval or disapproval of proposed preliminary development plans for non-residential uses shall be based upon the following:

   1. 1.
      The capability of the site to accommodate the building, parking and drives with appropriate open space, and safe and easy ingress and egress, with direct access to a thoroughfare, super-collector or a collector street.
   2. 2.
      An appropriate degree of harmony will prevail between the architectural quality of the proposed building and the surrounding neighborhood.
   3. 3.
      The appropriateness of the minimum dimensions and areas of lots and yards stated in 18.180.030 may be considered and increased.
4. D.
   Residential real estate sales offices are subject to the following standards:

   1. 1.
      There shall be only one residential real estate sales office in any one subdivision.
   2. 2.
      All sales shall be limited to the sale of new properties located within that subdivision.
   3. 3.
      Any sales office within a subdivision shall be located within a permanent residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Manufactured homes, mobile homes and construction trailers shall not be permitted.
   4. 4.
      No additional parking facilities other than adjacent on-street or customary driveway parking shall be permitted.
   5. 5.
      Each residential real estate sales office shall obtain a Certificate of Occupancy from the Code Administrator or his designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated.
   6. 6.
      Upon issuance of any Certificate of Occupancy for 90% of the homes within the subdivision, the sales office shall be terminated.
   7. 7.
      Any residential real estate sales office which meets the above standards will be exempt from the plan approval requirements set forth in 18.140.
   8. 8.
      A model home complex operated in conjunction with a residential sales office may include a decorative fence in the front yard enclosing or defining the extent of the complex. To qualify as a decorative fence, the surface of the fence must be at least 50% open, the fence cannot be constructed of chain link or other wire materials and cannot exceed 4 feet in height. The front yard fence shall be removed upon the termination of the sales office.
5. E.
   Residential-design manufactured homes are subject to the following architectural or aesthetic standards:

   1. 1.
      The roof shall be double-pitched and have a minimum vertical rise of 4 feet for each 12 feet of horizontal run, and shall be covered with roofing material that is residential in appearance, including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roofs.
   2. 2.
      All roof structures shall provide an eave projection of no less than 9 inches, which shall include a gutter.
   3. 3.
      The exterior siding shall consist predominantly of vinyl or metal horizontal lap siding (the reflectivity of which does not exceed that of gloss white paint), wood, hardboard, brick, stone or stucco comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City.
   4. 4.
      The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the current National Conference of States on Building Codes and Standards and published in "Manufactured Home Installations" (referred to as NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home.
   5. 5.
      Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set out in Title 16, and shall be attached firmly to the primary structure and anchored securely to the ground.
   6. 6.
      All fuel supply systems shall be constructed and installed within the foundation wall or underground in compliance with all applicable building and safety codes, except that any bottled gas tanks may be located above ground and outside the foundation wall provided they are fenced so as not to be clearly visible from the street or abutting properties.
   7. 7.
      The moving hitch, transporting lights, and wheels and axles shall be removed.
   8. 8.
      The manufactured home shall be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if the narrow dimension of the unit, as it appears from the street, is no less than 50% of the unit's long dimension.
   9. 9.
      The lot shall be landscaped to ensure compatibility with surrounding properties. The lot shall be seeded, sodded or planted with other appropriate ground cover in compliance with 18.450.030.
   10. 10.
       The manufactured home shall have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis. The minimum dimensions of the manufactured home shall be 22 feet in width and 40 feet in length.
   11. 11.
       A garage or carport, constructed in accordance with the requirements of Title 16, shall be provided.
   12. 12.
       If the manufactured home is located within a subdivision that has a minimum floor area classification established in compliance with 18.460.350, then the total livable floor area of the manufactured home shall comply with the minimum floor area required for that subdivision.
6. F.
   Communication Facilities - Communications Facilities are subject to the Application, location and performance standards of 18.395 - Communications Facilities.
7. G.
   Utility structures: Except as allowed by 18.180.070 H 4, utility structures may only be installed in a utility easement. Additional locations may be approved as allowed by 18.370. A Right-of-way Permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way. Utility structures are subject to the following standards:

   1. 1.
      When placing utility structures, priority shall be given to finding available utility easements in preferred locations. Preferred locations, as listed in order of priority, are: 1) properties developed with non-residential uses; 2) thoroughfare or super-collector landscape easements; 3) rear yards; 4) street side yards on a corner lot behind the front yard setback; and 5) front yards within the required side yard setback. Unless approved by the City Engineer, no above ground utility structures shall be constructed, reconstructed or relocated in any portion of a utility easement that crosses over or is included in a drainage easement or a stormwater treatment facility. When requested, applicants shall provide the City with adequate documentation to establish that preferred locations, in order of priority, are not reasonably available.
   2. 2.
      Size and Height - The structure is limited to 66 inches in height above average grade and shall be limited to a footprint no larger than 20 square feet in area, except as otherwise provided in this Section.
   3. 3.
      Thoroughfare or super-collector landscape easements - If the structure is located within a thoroughfare or super-collector landscape easement, the structure is subject to site plan approval. The structure shall be limited to 7 feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. Paved access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.
   4. 4.
      Location in public right-of-way - Any structure located within the public right-of-way shall be located behind the sidewalk and is subject to approval by the City Engineer.
   5. 5.
      Landscaping - Landscaping shall be provided for all structures with a footprint greater than 2 square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple locations of similar structures are proposed, then the utility may submit a minimum of 2 typical landscape plans, prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner or homes association.
   6. 6.
      Noise - The structure shall comply with all noise requirements, established by the City.
   7. 7.
      Non-residential uses - Utility structures that are located on property that has been approved for a non-residential use, are subject to the requirements set forth in 18.250.050 H and are exempt from the above standards.
   8. 8.
      Abandonment - Any structure that is not operated for a continuous period of 6 months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.
   9. 9.
      Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.
8. H.
   Roof-mounted wind turbines may be installed on a structure located on property developed with a non-residential use or on a non-residential building subject to the performance standards in 18.250.050 J. Wind turbines may be installed on parking lot light poles located on property developed with a non-residential use subject to the performance standards in 18.250.050 K.

(History: Ord. ZRR-3373 §13, 2023; Ord. ZRR-3134 §15, 2016; ZRR-2836 §5, 2010; ZRR-2795 §1, 2009; ZRR-2748 §2, 2008; ZRR-2698 §6, 2007; ZRR-2626 §1, 2006; ZRR-2439 §1, 2003; ZRR-2262 §5, 2001; ZRR-2285 §3, 2001; ZRR-2004 §4, 96; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.190.010 Statement of Intent

The zoning of property as R-1A, Small-Lot Single-Family Residential District, or RP-1A, Planned Small-Lot Single-Family Residential District, is intended to provide for detached single-family residential development, at densities greater than in the R-1 District, in areas where adequate public services and facilities exist for such development and such development is appropriate given the surrounding land uses and neighborhood. The R-1A and RP-1A Districts are intended to be located within areas shown as Medium-Density Residential on the Future Development Plan, or within areas shown as Low-Density Residential upon a finding of compatibility with surrounding uses. The R-1A and RP-1A Districts are intended to promote affordable housing by lowering development costs, to provide single-family detached housing for persons desiring such housing on smaller lots, and to allow the development of zero lot line subdivisions. Property zoned R-1A or RP-1A shall be served by public sanitary sewers, or suitable alternatives, prior to development.

(History: ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.190.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the uses permitted in District R-1, subject to the development and performance standards set forth in 18.180.

(History: ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.190.030 Height and Area Regulations

The maximum height of buildings, the minimum dimension of lots and yards, and the minimum lot area per dwelling permitted on a lot shall be as follows, except as provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Residences -- two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than non-residential structures -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
2. B.
   Minimum front yard:

   1. 1.
      15 feet from property line if fronting on a public street; or
   2. 2.
      25 feet from back of curb if fronting on a private street.
   3. 3.
      For Infill and Redevelopment the following shall apply:

      1. a.
         The front setback shall not be less than the average existing setback along the same and facing block faces.
      2. b.
         The front setback shall not be greater than 15 feet back from the average existing setback.
3. C.
   Minimum side yard:

   1. 1.
      6 feet on both sides; or
   2. 2.
      In a platted zero lot line subdivision, only one side yard shall be required, which shall be a minimum of 12 feet.
   3. 3.
      In the case of a corner lot, the side yard adjacent to the street shall be 6 feet from the right-of-way of a public street or 16 feet from the curb of a private street; provided, however, that where the side yard of such a lot is adjacent to the front yard of another lot, the street-side yard setback shall be 10 feet from the right-of-way of a public street or 20 feet from the curb of a private street.
4. D.
   Minimum rear yard -- 25 feet.
5. E.
   Minimum lot width -- 50 feet.
6. F.
   Average lot depth -- 100 feet.
7. G.
   Minimum lot area per dwelling -- 5,000 square feet.

(History: Ord. ZRR-2848 §4, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.190.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §14, 2023; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.190.050 Plan Approval

For all uses and structures other than single-family residences and their accessory uses, preliminary development plans and final development plans shall be approved prior to the issuance of building permits. The procedures applicable to all such preliminary and final development plans are set forth in 18.140. Once a preliminary or final development plan has been approved by the City, no development approvals shall be granted and no building permits shall be issued for any construction activity within the boundary of that plan that is not in compliance with the approved plan.

(History: ZRR-2156, §4, 99; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.190.060 Development and Performance Standards

1. A.
   See Section 18.180.070, which is incorporated herein by reference.
2. B.
   Zero lot line subdivisions shall be permitted only in District RP-1A. No windows or doors shall be located on the zero lot line side of the structure

(History: ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.195.010 Statement of Intent

The zoning of property as RP-1N, Planned Single-Family Infill Residential District, is intended to encourage renewed investment in established Overland Park neighborhoods in the form of new, compatible, single-family development. It is envisioned that this district will be used for large-scale infill and redevelopment and not on a lot-by-lot basis. Flexibility from the traditional single-family residential district standards is offered to maintain single-family character where site and development characteristics might otherwise discourage single-family development. Property zoned RP-1N shall be provided with public sanitary sewers prior to, or concurrent with, development.

The RP-1N District is intended to be located on residential property shown as Medium-Density Residential on the Comprehensive Plan or on lots with existing duplex zoning. Where lot widths and setbacks are in context with existing single-family developments, the RP-1N district may be considered within areas shown as Low-Density Residential on the Comprehensive Plan as a buffer between uses of different intensities or where development constraints such as access, topography, drainage issues and infrastructure availability warrant design flexibility.

(History: Ord. ZRR-2848 §5, 2010; ZRR-2507 §3, 2004)

Effective on: 1/1/1901

18.195.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses permitted in District R-1, subject to the development and performance standards set forth in 18.180.

(History: Ord. ZRR-2507 §3, 2004)

Effective on: 1/1/1901

18.195.030 Height and Area Regulations

The maximum height of buildings, the minimum dimension of lots and yards, the minimum lot area per dwelling permitted on a lot shall be as follows, except as provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Residences -- two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than non-residential structures -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
2. B.
   Minimum front yard:

   1. 1.
      Minimum of 15 feet but, no greater than 30 feet.
   2. 2.
      For Infill and Redevelopment the following shall apply:

      1. a.
         The front setback shall not be less than the average existing setback along the same and facing block faces.
      2. b.
         The front setback shall not be greater than 15 feet back from the average existing setback.
3. C.
   Minimum side yard:

   1. 1.
      6 feet on both sides; or
   2. 2.
      In a platted zero lot line subdivision, only one side yard shall be required, which shall be a minimum of 12 feet.
   3. 3.
      In the case of a corner lot, the side yard adjacent to the street shall be not less than 20 feet; provided that where the lot backs up to another corner lot, the street side yard shall be not less than 15 feet.
4. D.
   Minimum rear yard -- 20 feet
5. E.
   Minimum lot width -- 50 feet
6. F.
   Minimum lot depth -- 85 feet
7. G.
   Minimum lot area per dwelling -- 4,250 square feet

(History: Ord. ZRR-2848 §6, 2010; ZRR-2507 §3, 2004)

Effective on: 1/1/1901

18.195.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §15, 2023; Ord. ZRR-2507 §3, 2004)

Effective on: 1/1/1901

18.195.050 Plan Approval

In consideration of rezoning to RP-1N, preliminary development plans shall be submitted in accordance with Section 18.140.190. Final development plans shall be submitted for approval in accordance with Section 18.140.210.

(History: Ord. ZRR-2507 §3, 2004)

Effective on: 1/1/1901

18.195.060 Development and Performance Standards

1. A.
   District size - All parcels hereafter zoned RP-1N shall contain a minimum of 1 acre of land area; provided that the Planning Commission and Governing Body may waive this requirement if the proposed tract abuts an existing RP-1N development and the proposed tract will enable a compatible extension of the existing development.
2. B.
   See Section 18.180.070, which is incorporated herein by reference.
3. C.
   Zero lot line subdivisions shall be permitted in the RP-1N District. No windows or doors shall be located on the zero lot line side of the structure.

(History: Ord. ZRR-2848 §7, 2010; ZRR-2507 §3, 2004)

Effective on: 1/1/1901

18.200.010 Statement of Intent

The zoning of property as R-2, Two-Family Residential District, or RP-2, Planned Two-Family Residential District, is intended to allow for the development of conventional attached dwellings, commonly known as duplexes. Due to the potential for reducing development costs, zoning of property as R-2 or RP-2 also promotes affordable housing in a low-density environment.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.10)

Effective on: 1/1/1901

18.200.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.200.050:

1. A.
   Any use permitted in District R-1A subject to the applicable development and performance standards.
2. B.
   Dwellings, two-family.
3. C.
   Accessory uses as provided in 18.390.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.10)

Effective on: 1/1/1901

18.200.030 Height and Area Regulations

The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Residences -- two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than non-residential structures -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
2. B.
   Minimum front yard:

   1. 1.
      20 feet
   2. 2.
      30 feet if the property is part of a preliminary plat prior to January 1, 2010.
   3. 3.
      For Infill and Redevelopment the following shall apply:

      1. a.
         The front setback shall not be less than the average existing setback along the same and facing block faces.
      2. b.
         The front setback shall not be greater than 15 feet back from the average existing setback.
3. C.
   Minimum side yards:

   1. 1.
      The total of both side yards shall be not less than 20% of the width of the lot, except that no side yard need be more than 15 feet.
   2. 2.
      No side yard shall be less than 7 feet.
   3. 3.
      On corner lots, the side yard on the street side shall be not less than 15 feet.
4. D.
   Minimum rear yard -- 25 feet.
5. E.
   Minimum lot width -- 80 feet.
6. F.
   Average lot depth -- 115 feet.
7. G.
   Minimum lot area per two-family dwelling unit -- 4,000 square feet per unit.

(History: Ord. ZRR-2848 §8, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.10)

Effective on: 1/1/1901

18.200.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §16, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.10)

Effective on: 1/1/1901

18.200.050 Development and Performance Standards

1. A.
   Detached accessory buildings shall not be located in any required front or side yard setback area, but may be located in the rear yard setback area provided that no such building may be closer than 3 feet to any interior property line, closer than 22 feet from any street right-of-way line, or in front of any building setback line. The ground area of all detached accessory buildings in the rear yard shall not exceed 30 percent of the total land area in the rear yard setback. No more than two detached accessory buildings shall be permitted for each residence.
2. B.
   Two-family dwellings which otherwise comply with the ordinances of the City may be divided at the party wall as to ownership and owned as separate dwelling units by separate owners and such ownership shall not constitute violation of the lot and yard requirements of this chapter.

(History: Ord. ZRR-2285 §4, 2001; ZRR-1725; ZRR-1637; ZRR-889 §18.10)

Effective on: 1/1/1901

18.210.010 Statement of Intent

The zoning of property as R-3, Garden Apartment District, or RP-3, Planned Garden Apartment District, is intended to provide quality apartment development with emphasis on open space and access to light and air. The intent of garden apartment development is to provide residents the convenience of multi-family living and the amenities generally available to low-density residential development. Garden apartments will all be low-rise developments with commonly maintained landscaped open space.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1202 §1)

Effective on: 1/1/1901

18.210.020 Permitted Uses

No building, structure, land, or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.210.050:

1. A.
   Any use permitted in District R-2, subject to the applicable development and performance standards;
2. B.
   Garden apartment buildings;
3. C.
   Accessory uses as provided in 18.390; and
4. D.
   Utility structures, subject to the provisions set forth in Section 18.250.050(H).

(History: Ord. ZRR-2262 §6, 2001; ZRR-1725; ZRR-1637; ZRR-889 §18.12)

Effective on: 1/1/1901

18.210.030 Height and Area Regulations

The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Three-story maximum. Three-story structures shall be permitted provided the three-story portion of any building shall be setback a minimum of 50 feet from any adjacent streets or single-family residential development.
   2. 2.
      Accessory structures and uses -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
2. B.
   Minimum setbacks:

   1. 1.
      All main structures shall be located at least 15 feet from any lot line, except where the lot line abuts a street or property zoned R-1.
   2. 2.
      Where a lot line abuts a street, the minimum setback for main structures shall be as follows:

      1. a.
         40 feet from an interstate, highway or freeway;
      2. b.
         20 feet from a thoroughfare; or
      3. c.
         10 feet from a super-collector, collector or any other street.
   3. 3.
      Where a lot line abuts property zoned R-1, but not a public street, the minimum setback for main structures shall be 25 feet from the lot line.
   4. 4.
      All accessory structures shall be located at least 10 feet from any interior lot line.
   5. 5.
      All accessory structures shall be at least 20 feet from any lot line which abuts a street or property zoned R-1.
   6. 6.
      The minimum setback between buildings on the same lot shall be 15 feet.
   7. 7.
      For Infill or Redevelopment projects, the perimeter setback along a public street shall not be less than the average setback for residential uses along the same and facing block faces.
3. C.
   Net site area per multi-family dwelling unit -- 3,500 square feet (12.4 units per net acre).

(History: Ord. ZRR-2848 §9, 2010; ZRR-2698 §7, 2007; ZRR-1725; ZRR-1637; ZRR-889 §18.12)

Effective on: 1/1/1901

18.210.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §17, 2023; Ord. ZRR-1725; ZRR-1635; ZRR-1427 §10; ZRR-889 §18.12)

Effective on: 1/1/1901

18.210.050 Development and Performance Standards

1. A.
   Garden apartments may not be constructed where adequate sanitary sewers are not available for connection thereto.
2. B.
   The maximum lot coverage shall be 50%.
3. C.
   Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide adequate physical separation from vehicles along all public and private streets and drives and within any parking area.
4. D.
   Site drainage patterns shall be designed, graded and constructed to prevent surface drainage from collecting on and flowing across pedestrian paths, walks and sidewalks.
5. E.
   Prior to issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.

(History: Ord. ZRR-2848 §10, 2010; ZRR-2285 §5, 2001; ZRR-1868 §1, 94; ZRR-1725; ZRR-1637; ZRR-889 §18.12)

Effective on: 1/1/1901

18.220.010 Statement of Intent

The zoning of property as RP-4, Planned Cluster Housing District, is intended to provide attached and/or detached dwelling units designed as an integrated project with common open space. This district allows for a mix of densities among living units. Projects may be developed on a single lot or parcel of land. The RP-4 District is intended to encourage the conservation of natural resources and maximization of functional open space.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1202 §2)

Effective on: 1/1/1901

18.220.020 Permitted Uses

No building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.220.050:

1. A.
   Residential buildings containing one to five dwelling units;
2. B.
   Churches and publicly-owned and operated community buildings, public museums, public libraries;
3. C.
   Public parks and playgrounds, including public recreation or service buildings and publicly-owned swimming pools;
4. D.
   Private parks, playgrounds, swimming pools, tennis courts, clubhouses and other recreational facilities within the project for the use of project residents;
5. E.
   Public schools, and private schools with a curriculum equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction therewith, if located on the campus;
6. F.
   Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges and other similar activities operated as a business);
7. G.
   Residential real estate sales offices;
8. H.
   Accessory uses as provided in 18.390;
9. I.
   Utility structures, subject to the provisions set forth in Section 18.180.070(H).

(History: Ord. ZRR-2262 §7, 2001; ZRR-1725; ZRR-1637; ZRR-889 §18.14)

Effective on: 1/1/1901

18.220.030 Height and Area Regulations

The maximum height of buildings, the minimum dimensions of lots and yards and the minimum site area per dwelling unit permitted on any lot shall be as follows, except as otherwise provided in 18.150 and 18.420:

1. A.
   Maximum height:

   1. 1.
      Residential structures--two and one-half stories, not exceeding 35 feet.
   2. 2.
      Accessory structures and uses, other than non-residential structures--one story, not exceeding 20 feet and not exceeding the height of the residential structures.
2. B.
   Minimum yard areas/setbacks:

   1. 1.
      Where a lot line abuts a street, the minimum setback for main structures shall be as follows:

      1. a.
         20 feet from thoroughfare; or
      2. b.
         10 feet from a super-collector, collector or any other street.
   2. 2.
      Each residential building shall provide a yard between the building and a property line of the project, other than a street line, of not less than 10 feet.
   3. 3.
      Each accessory building shall provide a yard between the building and the property line of the project, other than a street line, of not less than 7 feet.
   4. 4.
      There shall be a yard between buildings of not less than 12 feet.
   5. 5.
      For Infill or Redevelopment projects, the perimeter setback along a public street shall not be less than the average setback for residential uses along the same and facing block faces
3. C.
   The minimum net site area per dwelling unit shall be 6,000 square feet.

(History: Ord. ZRR-2848 §11, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.14)

Effective on: 1/1/1901

18.220.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §18, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.14)

Effective on: 1/1/1901

18.220.050 Development and Performance Standards

1. A.
   No cluster housing project shall be constructed until said project is zoned under the planned zoning procedures of this title.
2. B.
   A cluster housing project may be developed on a single lot or parcel of land without such lot or parcel being subdivided; provided, however, that the project shall otherwise conform to the applicable requirements of ​Chapters 18.460 and 18.470.
3. C.
   No cluster housing project shall be constructed on a lot or parcel of a size smaller than one acre.
4. D.
   Residential real estate sales offices are subject to the following standards:

   1. 1.
      There shall be only one residential real estate sales office in any one subdivision.
   2. 2.
      All sales shall be limited to the sale of new properties located within that subdivision.
   3. 3.
      Any sales office within a subdivision shall be located within a permanent residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Mobile homes and/or construction trailers shall not be permitted.
   4. 4.
      No additional parking facilities other than adjacent on-street or customary driveway parking shall be permitted.
   5. 5.
      Each residential real estate sales office shall obtain a Certificate of Occupancy from the Code Administrator or his designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated.
   6. 6.
      Upon issuance of any Certificate of Occupancy for 90% of the homes within the subdivision, the sales office shall be terminated.
   7. 7.
      Any residential real estate sales office which meets the above standards will be exempt from the plan approval requirements set forth in 18.140.
5. E.
   The maximum lot coverage shall be 60%.

(History: Ord. ZRR-2848 §12, 2010; ZRR-2285 §6, 2001; ZRR-1725; ZRR-1635)

Effective on: 1/1/1901

18.230.010 Statement of Intent

It is the intent of the RP-5, Planned Apartment House District, to provide quality garden apartments and townhouses in a higher-density setting, while ensuring that livability, property values, open spaces, high levels of landscaping, safety and the general welfare will be sustained. (History: Ord. ZRR-1725; ZRR-1635; ZRR-1344 §1; ZRR-1202 §3)

Effective on: 1/1/1901

18.230.020 Permitted Uses

No building, structure, land or premises shall be used and no structure shall be hereafter erected, constructed, reconstructed, or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.230.050.

1. A.
   Multi-family dwellings, including garden apartment buildings.
2. B.
   Utility structures, subject to the provisions set forth in Section 18.250.050(H).

   (History: Ord. ZRR-2262 §8, 2001; ZRR-1725; ZRR-1637; ZRR-889 §18.16)

Effective on: 1/1/1901

18.230.030 Height and Area Regulations

The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in 18.420:

1. A.
   Maximum height:

   1. 1.
      Multi-family buildings -- three stories, not exceeding 45 feet.
   2. 2.
      Accessory structures and uses -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
   3. 3.
      Apartment complex clubhouses -- two stories, not exceeding 30 feet.
2. B.
   Minimum setbacks:

   1. 1.
      All main structures shall be located at least 15 feet from any lot line, except where the lot line abuts a street.
   2. 2.
      Where a lot line abuts a street, the minimum setback for main structures shall be as follows:

      1. a.
         40 feet from an interstate, highway or freeway;
      2. b.
         20 feet from a thoroughfare; or
      3. c.
         10 feet from a super-collector, collector or any other street.
   3. 3.
      All accessory structures shall be located at least 10 feet from any interior lot line.
   4. 4.
      All accessory structures shall be at least 20 feet from any lot line which abuts a street.
   5. 5.
      The minimum setback between buildings on the same lot shall be 15 feet.
   6. 6.
      For Infill or Redevelopment projects, the perimeter setback along a public street shall not be less than the average setback for residential uses along the same and facing block faces.
3. C.
   Net site area per dwelling unit -- 2,650 square feet (16.4 units per net acre).

(History: Ord. ZRR-2848 §13, 2010; ZRR-2698 §8, 2007; ZRR-2134 §2, 98; ZRR-1725; ZRR-1637; ZRR-1344; ZRR-1202; ZRR-889 §18.16)

Effective on: 1/1/1901

18.230.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §19, 2023; Ord. ZRR-1725; ZRR-1637; ZRR-1427; ZRR-889 §18.16)

Effective on: 1/1/1901

18.230.050 Development and Performance Standards

1. A.
   Unless exceptional circumstances are demonstrated, no RP-5 district shall be located in areas designated as Suburban Neighborhood or Rural Transition Zone on the Future Development Character Framework. Exceptional circumstances shall be determined at the discretion of the Planning Commission  or the Governing Body and shall be supported by findings stated in the record.
2. B.
   Where an RP-5 development has a property line common with single-family detached residential properties or undeveloped property designated as Suburban Neighborhood or Rural Transition Zone on the Future Development Character Framework, the following transitions shall apply:

   1. 1.
      Increased setback and building orientation per Site Design Standards SDS 6.4.4.
   2. 2.
      Reduced building height per Architectural Design Standards ADS 5.4.4 when adjacent to existing residential structures. When adjacent to undeveloped property, any portion of a building closer than 50 feet from the common property line shall have a maximum height of 35 feet.
3. C.
   The maximum lot coverage shall be 60%.
4. D.
   Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide adequate physical separation from vehicles along all public and private streets and drives and within any parking area.
5. E.
   Site drainage patterns shalle be designed, graded and constructed so as to prevent surface drainage from collecting on and flowing across pedestrian paths, walks and sidewalks.
6. F.
   On land having a natural slope of 7 feet or greater vertical change in 100 feet horizontal distance, the Planning Commission may approve buildings to be occupied for residential purposes of a height of four stories, not exceeding 60 feet, in the downhill portion upon submittal of preliminary site and building plans. Such approval shall be given only after the Planning Commission has satisfied itself that adequate natural light and air will be available to all dwelling units and that no occupant shall be required to traverse more than one story of stairs from the building entrance to the highest or lowest occupied story.

(History: Ord. ZRR-3461 §3, 2024; ZRR-2848 §14, 2010; ZRR-2698 §9, 2007; ZRR-2285 §7, 2001; ZRR-2134 §3, 98; ZRR-1725; ZRR-1637; ZRR-889 §18.08)

Effective on: 1/1/1901

18.240.010 Statement of Intent

The zoning of property as RP-6, Planned High-Rise Apartment District, is intended to provide high-density residential living in buildings up to 5 stories in height with an attic story, while ensuring that livability, open spaces, high levels of landscaping, safety and general welfare will be sustained.

(History: Ord. ZRR-3461§4, 2024; ZRR-3416 §16, 2023; ZRR-2698 §10, 2007; ZRR-1725; ZRR-1637; ZRR-1202 §9; )

Effective on: 1/1/1901

18.240.020 Permitted Uses

No building, structure, land or premises shall be used and no structure shall be hereafter erected, constructed, reconstructed or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section 18.240.050.

1. A.
   High-rise apartment buildings.
2. B.
   Utility structures, subject to the provisions set forth in Section 18.250.050(H).

(History: Ord. ZRR-2262 §9, 2001; ZRR-1725; ZRR-1637; ZRR-1202; ZRR-889 §18.18)

Effective on: 1/1/1901

18.240.030 Height and Area Regulations

The height of buildings, the minimum dimensions of lots and yards and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in 18.420:

1. A.
   Maximum Height:

   1. 1.
      High-rise apartment buildings -- 5 stories. An attic story (habitable space situated within the structure of a pitched roof and above the uppermost story) is not included in the height measurement.
   2. 2.
      Accessory structures and uses -- two stories, not exceeding 30 feet.
2. B.
   Minimum setbacks:

   1. 1.
      All main structures shall be located at least 20 feet, plus five feet for each story in excess of four, from any lot line, except where the lot line abuts a street.
   2. 2.
      Where a lot line abuts a street, the minimum setback from main structures shall be as follows:

      1. a.
         40 feet, plus three feet for each story in excess of four, from an interstate, highway or freeway;
      2. b.
         20 feet from a thoroughfare; or
      3. c.
         10 feet from a super-collector, collector or any other street.
   3. 3.
      All accessory structures shall be located at least 10 feet from any interior lot line.
   4. 4.
      All accessory structures shall be at least 20 feet from any lot line which abuts a street.
   5. 5.
      For Infill or Redevelopment projects, the perimeter setback along a public street shall not be less than the average setback for residential uses along the same and facing block faces.
3. C.
   Net site area per dwelling unit -- 1,000 square feet (43.6 units per net acre), subject to the maximum density allowed per Site Design Standards Section SDS 6.2

(History: Ord. ZRR-3461§5, 2024; ZRR-2848 §15, 2010; ZRR-2698 §11, 2007; ZRR-1725; ZRR-1637; ZRR-1202; ZRR-889 §18.18)

Effective on: 1/1/1901

18.240.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §20, 2023; Ord. ZRR-1725; ZRR-1635; ZRR-1427; ZRR-889 §18.18)

Effective on: 1/1/1901

18.240.050 Development and Performance Standards

1. A.
   Unless exceptional circumstances are demonstrated, no RP-6 District shall be located in areas designated as Suburban Neighborhood or Rural Transition Zone on the Future Development Character Framework. Exceptional circumstances shall be determned at the discretion of the Planning Commission or the Governing Body and shall be supported by findings stated in the record.
2. B.
   Where an RP-6 development has a property line common with single-family detached residential property or undeveloped property designed as Suburban Neighborhood or Rural Transition Zone on the Future Development Character Framework, the following transitions shall apply:

   1. 1.
      Increased setback and building orientation per Site Design Standards SDS 6..4.4.
   2. 2.
      Reduced building height per Architectural Design Standards ADS 5.4.4 when adjacent to existing residential structures. When adjacent to undeveloped property, any portion of a building closer than 50 feet from the common property line shall have a maximum height of 35 feet. 
3. C.
   The maximum lot coverage shall be 70%.
4. D.
   Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed so as to provide adequate physical separation from vehicles along all public and private streets and drives and within any parking area.
5. E.
   Site drainage patterns shall be designed, graded and constructed so as to prevent surface drainage from collecting on and flowing across pedestrian paths, walks and sidewalks.

(History: Ord. ZRR-3461 §6, 2024;  ZRR-2848 §16, 2010; ZRR-2285 §8, 2001; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.245.010 Statement of Intent

The zoning of property as PRN, Planned Residential Neighborhood District is intended to offer a mixture of residential opportunities in a single development. This planned zoning district would provide opportunities for its residents to live in a more planned neighborhood with reduced setbacks, smaller lots, alleys, porches, public meeting areas, parks for residents, and a variety of housing opportunities located in close proximity to each other. These neighborhoods would be designed with pedestrians in mind and would lessen the visual impact of garages and automobiles. Dwelling units within the PRN should be developed with a variety of architectural styles and layouts. The Planned Residential Neighborhood zoning district is intended to be used within any Residential Comprehensive​​​​​​​ Plan classification except for the Very-Low Density Category and subject to meeting the Planned Residential Neighborhood Guidelines.

(History: Ord. ZRR-3416 §17, 2023; ​​​​​​​Ord. ZRR-2590 §5, 2005)

Effective on: 1/1/1901

18.245.020 Permitted Uses

1. A.
   Dwelling units (all types) subject to meeting all height and development and performance standards;
2. B.
   Assisted living;
3. C.
   Elderly housing;
4. D.
   Public parks and playgrounds including public recreation or service buildings and publicly-owned swimming pools;
5. E.
   Private parks, playgrounds, swimming pools, tennis courts, clubhouses and other recreational facilities for the use of a development’s residents;
6. F.
   Public schools, and private schools with a curriculum equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction therewith, if located on the campus;
7. G.
   Publicly owned and operated community buildings, museums and libraries;
8. H.
   Religious facilities;
9. I.
   Accessory uses as provided in 18.390;
10. J.
    Agricultural uses;
11. K.
    Accessory dwelling units;
12. L.
    Communications Facilities

    1. 1.
       Towers and Base Stations designed as an architecturally compatible element to an existing non-residential use such as schools, churches, etc., and that comply with the same height and setback requirements as other structures in this district.
    2. 2.
       Antennas mounted on and designed as an architecturally compatible element to an existing non-residential structure or building.
    3. 3.
       Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
13. M.
    Utility structures.
14. N.
    Roof-mounted wind turbine(s) on non-residential structures and non-residential buildings and wind turbines mounted on parking lot light poles located on property developed with a non-residential use.

(History: Ord. ZRR-3134 §16, 2016; ZRR-2836 §6, 2010; ZRR-2590 §5, 2005)

Effective on: 1/1/1901

18.245.030 Height and Area Regulations

The maximum height of buildings, the minimum dimension of lots and yards, and the minimum lot area per dwelling unit permitted on any lot shall be as follows, except as provided in 18.420:

1. A.
   Maximum density - The maximum density for a development shall be established by the approved development plan at the time of rezoning. The density shall be calculated by dividing the total number of dwelling units with the boundaries of the rezoning request by the gross land area of the rezoning request.

   1. 1.
      Lands that cannot be included as part of the gross land area include lands to be sold or dedicated to another entity for that entity’s exclusive use and which are not constructed to be utilized by the Planned Residential Neighborhood residents. (i.e. churches, schools, private ball fields/parks not for use by the development’s residents, and other similar lands).
2. B.
   Maximum height:

   1. 1.
      45 feet.
   2. 2.
      Accessory structures and uses shall not exceed the height of the main structure.
3. C.
   Minimum setback

   1. 1.
      All structures shall be setback a minimum of 10 feet from public street right-of-way.
   2. 2.
      All structures shall be setback a minimum of 20 feet from back of curb if fronting on a private drive.
   3. 3.
      All garages attached to the main residential structures shall be setback a minimum of 20 feet from the street right-of-way line and at least four (4) feet behind the front façade of the main dwelling unit.
4. D.
   Minimum side yard:

   1. 1.
      Six (6) feet on both sides; or
   2. 2.
      In a platted zero lot line area, only one side yard shall be required, which shall be a minimum of 12 feet.
   3. 3.
      No side yard setback shall be required for units sharing common party walls.
5. E.
   The minimum separation for buildings located on the same lot shall be 12 feet. (Not including accessory structures unless required by building code.)
6. F.
   Minimum rear yard – 20 feet.
7. G.
   Minimum lot depth – 85 feet.
8. H.
   Detached accessory buildings including garages and carports shall not be located in any required front or side yard setback area, but may be located in the rear yard setback area provided that no such building may be closer than three (3) feet to any interior property line, closer than 20 feet from any street right-of-way line, or in front of any building setback line. The ground area of all detached accessory buildings in the rear yard shall not exceed fifty percent (50%) of the total land area in the rear yard setback. No more than two (2) detached accessory buildings shall be permitted for each residence.

(History: Ord. ZRR-2590 §5, 2005)

Effective on: 1/1/1901

18.245.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §21, 2023; Ord. ZRR-2590 §5, 2005)

Effective on: 1/1/1901

18.245.050 Development and Performance Standards

1. A.
   District Size: All parcels hereafter zoned PRN, Planned Residential Neighborhood District shall contain a minimum 40 acres of land, provided that the Planning Commission and Governing Body may waive these requirements if the proposed tract of land abuts an existing development zoned PRN, and the proposed tract will enable a compatible extension of the existing development.
2. B.
   No less than 75% of the total gross acreage being rezoned to PRN shall be developed with single-family detached units and common open space (see C below for minimum common open space).
3. C.
   Minimum common open space: 15% of gross land area (includes parks, natural open space areas, etc.) (Areas not allowed as part of Common Open Space can be found in the Site Design Standards).
4. D.
   Developments shall use a minimum of 3 dwelling unit types in a Planned Residential Neighborhood Development 10% of the overall housing units to count). The different dwelling units include the following:

   1. 1.
      Multi-family dwellings containing more than 4 units per building;
   2. 2.
      Single-family detached dwellings;
   3. 3.
      Single-family units served by alleys;
   4. 4.
      Two-family dwellings;
   5. 5.
      Triplexes, or four-plexes;
   6. 6.
      Assisted living;
   7. 7.
      Elderly housing.
5. E.
   One community gathering place (such as but not limited to a resident clubhouse, recreation center, meeting building, open air pavilion, etc.) shall be constructed per development (does not include swimming pools).
6. F.
   Sidewalks shall be constructed on both sides of all streets and be a minimum of five (5) feet in width.
7. G.
   No more than 2 detached accessory buildings shall be permitted for each residence.
8. H.
   Private alleys may be allowed.
9. I.
   Accessory dwelling units shall be limited as follows:

   1. 1.
      Only 1 accessory dwelling unit is permitted per lot and shall be a minimum of 400 square feet in size.
   2. 2.
      Accessory dwelling units shall be limited to a maximum 50% of the primary dwelling unit square footage.
10. J.
    Fences may be permitted in the front yard but shall be limited to 3 feet in height and must be located entirely on the private lot. The fence shall be no more than 50% opaque and constructed of split rail, wood rail, wrought iron, or spaced picket fence. (All other regulations in 18.390.140 C shall be met.)
11. K.
    At the time of preliminary development plan approval the following shall be submitted:

    1. 1.
       A plan clearly defining the type of residential dwelling unit to be constructed on each block or specific area;
    2. 2.
       A written criteria (can include drawings or pictures) describing each residential area or building type. Items to be included are possibly residential type (Colonial, Prairie, etc.), colors, materials and any other information that will help explain the proposal;
    3. 3.
       Typical elevations for the various building types, and
    4. 4.
       A pedestrian and open space concept plan.
12. L.
    At the time of construction plan approval, the developer shall submit a letter confirming that each single-family dwelling unit conforms to the single-family architectural criteria approved at the time of preliminary development plan. This shall be provided at the time of construction plan approval.
13. M.
    Approval or disapproval of proposed preliminary development plans for non-residential uses shall be based upon the following:

    1. 1.
       The capability of the site to accommodate the building, parking and drives with appropriate open space, and safe and easy ingress and egress, with direct access to a thoroughfare, super-collector or a collector street.
    2. 2.
       An appropriate degree of harmony will prevail between the architectural quality of the proposed building and the surrounding neighborhood.
    3. 3.
       The appropriateness of the minimum dimensions and areas of lots and yards stated in 18.180.030 may be considered and increased.
14. N.
    No single-family dwelling shall be constructed, reconstructed, altered or moved unless it conforms to the minimum dwelling size regulations set forth in 18.460.
15. O.
    Residential real estate sales offices are subject to the following standards:

    1. 1.
       There shall be only one residential real estate sales office in any one subdivision.
    2. 2.
       All sales shall be limited to the sale of new properties located within that subdivision.
    3. 3.
       Any sales office within a subdivision shall be located within a permanent residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Manufactured homes, mobile homes and construction trailers shall not be permitted.
    4. 4.
       No additional parking facilities other than adjacent on-street or customary driveway parking shall be permitted.
    5. 5.
       Each residential real estate sales office shall obtain a Certificate of Occupancy from the Code Administrator or his or her designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated.
    6. 6.
       Upon issuance of any Certificate of Occupancy for 90% of the homes within the subdivision, the sales office shall be terminated.
    7. 7.
       Any residential real estate sales office which meets the above standards will be exempt from the plan approval requirements set forth in 18.140.
    8. 8.
       A model home complex operated in conjunction with a residential sales office may include a decorative fence in the front yard enclosing or defining the extent of the complex. To qualify as a decorative fence, the surface of the fence must be at least 50% open, the fence cannot be constructed of chain link or other wire materials and cannot exceed 4 feet in height. The front yard fence shall be removed upon the termination of the sales office.
16. P.
    Residential-design manufactured homes are subject to the following architectural or aesthetic standards:

    1. 1.
       The roof shall be double-pitched and have a minimum vertical rise of 4 feet for each 12 feet of horizontal run, and shall be covered with roofing material that is residential in appearance, including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roofs.
    2. 2.
       All roof structures shall provide an eave projection of no less than 9 inches, which shall include a gutter.
    3. 3.
       The exterior siding shall consist predominantly of vinyl or metal horizontal lap siding (the reflectivity of which does not exceed that of gloss white paint), wood, hardboard, brick, stone or stucco comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City.
    4. 4.
       The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the current National Conference of States on Building Codes and Standards and published in "Manufactured Home Installations" (referred to as NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the manufactured home.
    5. 5.
       Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set out in Title 16, and shall be attached firmly to the primary structure and anchored securely to the ground.
    6. 6.
       All fuel supply systems shall be constructed and installed within the foundation wall or underground in compliance with all applicable building and safety codes, except that any bottled gas tanks may be located above ground and outside the foundation wall provided they are fenced so as not to be clearly visible from the street or abutting properties.
    7. 7.
       The moving hitch, transporting lights, and wheels and axles shall be removed.
    8. 8.
       The manufactured home shall be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if the narrow dimension of the unit, as it appears from the street, is no less than 50% of the unit's long dimension.
    9. 9.
       The lot shall be landscaped to ensure compatibility with surrounding properties. The lot shall be seeded, sodded or planted with other appropriate ground cover in compliance with 18.450.030.
    10. 10.
        The manufactured home shall have a length not exceeding 4 times its width, with length measured along the longest axis and width measured at the narrowest part of the other axis. The minimum dimensions of the manufactured home shall be 22 feet in width and 40 feet in length.
    11. 11.
        A garage or carport, constructed in accordance with the requirements of Title 16, shall be provided.
    12. 12.
        If the manufactured home is located within a subdivision that has a minimum floor area classification established in compliance with 18.460.350, then the total livable floor area of the manufactured home shall comply with the minimum floor area required for that subdivision.
17. Q.
    Communication Facilities - Communications Facilities are subject to the Application, location and performance standards of 18.395 - Communications Facilities.
18. R.
    Utility structures may be installed upon the issuance of a building permit and are subject to the following standards:

    1. 1.
       Size and Height - The structure is limited to 54 inches in height above average grade and shall be limited to a footprint no larger than 12 square feet in area, except as otherwise provided in this Section.
    2. 2.
       Thoroughfare or super-collector landscape easements - If the structure is located within a thoroughfare or super-collector landscape easement, the structure is subject to site plan approval. The structure shall be limited to 7 feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. Paved access to the structure from a thoroughfare street may be considered, in which case an asphalt driveway meeting the requirements of 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.
    3. 3.
       Location in public right-of-way - Any structure located within the public right-of-way shall be located behind the sidewalk and is subject to approval by the City Engineer.
    4. 4.
       Landscaping - Any structure that is located between the public right-of-way and an established building line shall be substantially screened from public view. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a building permit. The landscape plan is subject to approval by the City. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner or homes association.
    5. 5.
       Noise - The structure shall comply with all noise requirements, established by the City.
    6. 6.
       Non-residential uses - Utility structures that are located on property that has been approved for a non-residential use, are subject to the requirements set forth in 18.250.050 H and are exempt from the above standards.
    7. 7.
       Abandonment – Any structure that is not operated for a continuous period of 6 months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.
    8. 8.
       Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a building permit to be issued without a special use permit.
19. S.
    Roof-mounted wind turbines may be installed on a structure located on property developed with a non-residential use or on a non-residential building subject to the performance standards in 18.250.050 J. Wind turbines may be installed on parking lot light poles located on property developed with a non-residential use subject to the performance standards in 18.250.050 K.

(History: Ord. ZRR-3373 §22, 2023; Ord. ZRR-3134 §17, 2016; ZRR-2836 §7, 2010; ZRR-2848 §17, 2010; ZRR-2795 §2, 2009; ZRR-2698 §12, 2007; ZRR-2590 §5, 2005)

Effective on: 1/1/1901

18.250.010 Statement of Intent

The zoning of property as C-O, Office Building District or CP-O, Planned Office Building District, is intended to provide for restricted commercial development, limited to office uses and certain service and retail uses compatible with offices.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.250.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses, subject to the development and performance standards set forth in 18.250.050:

1. A.
   Offices for the administrative and management functions only of businesses and civic organizations.
2. B.
   Services, limited to the following:

   Accounting and bookkeeping;

   Advertising;

   Banks and financial institutions;

   Broadcasting studios;

   Business machine services (including photocopy, telefacsimile, computer and data processing);

   Consulting services;

   Employment services;

   Engineering, architects and designers;

   Information services;

   Insurance;

   Investment services;

   Labor unions and business associations;

   Legal services;

   Medical and dental offices;

   Medical and optical labs;

   Postal services;

   Public and private utilities;

   Real estate;

   Securities and commodities brokers;

   Travel agents.

3. C.
   Marketing, display or repairs of business equipment, medical equipment, medical supplies, pharmaceuticals and cosmetics.
4. D.
   Day care centers and preschools.
5. E.
   Institutions of higher learning and classrooms for business and professional schools.
6. F.
   Accessory uses as provided in 18.390.
7. G.
   Restaurants in an office park with at least 150,000 square feet of office building floor area.
8. H.
   Communication Facilities

   1. 1.
      Antennas mounted on existing buildings and water towers.
   2. 2.
      Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
9. I.

   Utility structures.

10. J.
    Roof-mounted wind turbine(s) and wind turbines mounted on parking lot light poles.
11. K.
    Churches, publicly-owned and operated community buildings, museums and libraries.

(History: Ord. ZRR-3355 §5, 2022; Ord. ZRR-3134 §18, 2016; ZRR-2994 §1, 2013; ZRR-2895 §1, 2011; ZRR-2836 §8, 2010; ZRR-2262 §10, 2001; ZRR-2004 §5, 96; ZRR-1725; ZRR-1637; ZRR-1193; ZRR-889 §18.20; ZRR-412 §20,37)

Effective on: 1/1/1901

18.250.030 Height and Area Regulations

The height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

1. A.
   Height:

   1. 1.
      In District C-O, the height of buildings or structures shall not exceed 30 feet.
   2. 2.
      In District CP-O, there shall be no maximum height.
2. B.
   Minimum front yard -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of the development plan approved prior to January 1, 2010).
3. C.
   Side yard setbacks:

   1. 1.
      Setbacks from an interior side lot line:

      1. a.
         Buildings not exceeding 18 feet in height -- 7 feet;
      2. b.
         Buildings not exceeding 30 feet in height -- 10 feet;
      3. c.
         Buildings in excess of 30 feet in height -- 20 feet.
   2. 2.
      Setbacks from street-side side lot lines -- 10 feet (All new buildings along the perimeter of a partially-developed office complex shall comply with the building setbacks of a development plan approved prior to January 1, 2010).
4. D.
   Minimum rear yard -- 30 feet.

(History: Ord. ZRR-2848 §18, 2010; ZRR-1725; ZRR-1637; ZRR-1018; ZRR-889 §18.02)

Effective on: 1/1/1901

18.250.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §23, 2023; Ord. ZRR-2848 §19, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-1040; ZRR-889 §18.20)

Effective on: 1/1/1901

18.250.050 Development and Performance Standards

1. A.
   Development and performance standards applicable to all uses:

   1. 1.
      Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140. 
2. B.
   Business Use:

   1. 1.
      All business shall be conducted within the building, except as follows:

      1. a.
         Financial institutions may be permitted drive-up or walk-up service as part of final development plan approval in District CP-O. 
      2. b.
         Day-care centers and preschools may be permitted outdoor activity areas as part of final development plan approval in District CP-O.
   2. 2.
      Areas devoted to the display of business equipment, medical equipment, medical supplies, pharmaceuticals or cosmetics shall not exceed 50% of any tenant space. Areas devoted to repair services shall not exceed 10% of any tenant space. No over-the-counter sales shall be permitted except as provided in 18.390.060. Storage of the permitted items shall not constitute warehousing or distribution in the normal sense but shall be limited to that quantity of stock necessary for the normal administrative, service and sales function of the business. 
3. C.
   Retail sales of goods and services: 

   1. 1.
      No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than passenger cars shall be stored outside a building in this district for more than twenty-four hours in a 30-day period.
   2. 2.
      Where pharmacies or optical shops are permitted as an accessory use as provided in 18.390, there shall be no direct exterior entrance to the pharmacy.
4. D.
   Restaurant - A restaurant is allowed as a detached accessory building in an office park that consists of at least 150,000 square feet of office building floor area. One single-tenant restaurant building is allowed per 150,000 square feet gross square footage of office buildings, not including basement square footage, up to a maximum of two single-tenant restaurant buildings. The restaurant may be licensed as a drinking establishment, provided it meets the requirements in 18.260.050. All detached restaurant buildings shall meet the following standards:

   1. 1.
      No drive-in, drive-thru or walk-up service is allowed.
   2. 2.
      See 18.430 for parking regulations. 
   3. 3.
      The architectural design for a detached restaurant building shall meet all applicable requirements of the Architectural Design Standards. Parking lot areas for detached accessory restaurants shall meet the requirements of the Site Design Standards.
   4. 4.
      Any outdoor food service or outdoor seating areas shall meet the requirements in 18.260.050.
5. E.
   Outdoor Lighting - See 18.435.
6. F.
   Communication Facilities (Towers, Base Stations and Antennas) - Communications facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.
7. G.
   Utility Structures - Utility structures meeting the following standards may be installed upon the approval of an application for site plan approval. A right-of-way work permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way.

   1. 1.
      Size and Height - The structure shall be limited to 7 feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. If the structure is larger than the size requirements outlined above, it may be permitted if located within proximity (adjacent to, clustered with) existing buildings so as to be inconspicuous from any public street or adjacent property.
   2. 2.
      Parking - The structure shall not be located such that it will cause a reduction in the required number of parking spaces, nor be located so as to interfere with normal circulation patterns or any sight-distance triangle.
   3. 3.
      Location - Except when the structure is located within the public right-of-way, it shall comply with all setback requirements from the public right-of-way as outlined in the zoning district regulations. The structure shall be located a minimum of 30-feet from any existing single-family residential property line, or any vacant property designated in the Comprehensive Plan for low- or very low-density residential uses. If the structure is located within the public right-of-way, it shall be located behind the sidewalk, and is subject to approval by the City Engineer.
   4. 4.
      Noise - The structure shall comply with all noise requirements, established by the City.
   5. 5.
      Landscaping - Landscaping shall be provided for all structures with a footprint greater than 2 square feet, where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a right-of-way work permit. If multiple locations of similar structures are proposed then the utility may submit a minimum of 2 typical landscape plans prepared by a licensed landscape architect for review and approval by the City. As part of any right-of-way work permit, landscaping shall be installed in accordance with an approved plan. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner.
   6. 6.
      Access - The structure shall be accessed from an internal private drive, or adjacent commercial public street. Where that is not possible, access to the structure from a thoroughfare or super-collector street may be considered, in which case an asphalt driveway meeting the requirements of 18.430.020 shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare.
   7. 7.
      Abandonment – Any structure that is not operated for a continuous period of six (6) months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure.
   8. 8.
      Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a right-of-way work permit to be issued without a special use permit.
8. H.
   Wind turbines:

   1. 1.
      Wind turbines may be installed on any non-single-family structure (such as a building, water tower, etc.) 3 stories in height or greater but no less than 35 feet provided that the wind turbines shall add no more than 20 feet to the height of said existing structure. Wind turbines which are architecturally compatible to the building architecture may be located on non-residential buildings less than 3 stories or 35 feet in height, subject to final development plan approval. The maximum height which may be approved for a roof-mounted wind turbine on a non-residential building less than 3 stories or 35 feet in height shall be equal to one-half the height of the building, measured from the surface of roof on which the turbine is mounted to the highest point of the wind turbine structure, including blades, if applicable. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. The roof-mounted wind turbine itself is exempt from the screening provisions of this subsection for optimum functionality of the turbine.
   2. 2.
      Wind turbines may be installed on parking lot light poles. The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a wind turbine. The overall height of the parking lot light pole and wind turbine shall not exceed 40 feet, measured to the highest point of the wind turbine structure, including blades, if applicable. The wind turbine and any required appurtenances shall be painted to match the light pole and fixture.

(History: Ord. No. ZRR-3447 §15, 2024; Ord. ZRR-3416 §18, 2023; Ord. ZRR-3373 §24, 2023; Ord. ZRR-3355 §6, 2022; Ord. No. ZRR-3300 §27, 2020; Ord. ZRR-3134 §19, 2016; ZRR-2836 §9, 2010; ZRR-2795 §3, 2009; ZRR-2750 §1, 2008; ZRR-2698 §13, 2007; ZRR-2626 §2, 2006; ZRR-2262 §11, 2001; ZRR-2285 §9, 2001; ZRR-2004 § 6, 96; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

18.260.010 Statement of Intent

The zoning of property as C-1, Restricted Business District, or CP-1, Planned Restricted Business District, is intended to provide for the majority of retail business uses within the City.  These districts are limited to retail activities which are con-ducted wholly within the facility, with certain minor exceptions.  The districts are intended to be used primarily for neighborhood shopping centers.

Effective on: 1/1/1901

18.260.020 Permitted Uses

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses, subject to the development and performance standards set forth in 18.260.050:

1. A.
   Any use permitted in District C-0 subject to the applicable development and performance standards in 18.250.050, except for those differences set forth in 18.260.050.
2. B.
   Retail sale of goods and services including or similar to the following, but excluding any use specifically listed in District C-2 or District C-3:
   Alterations and tailoring;
   Apparel;
   Antiques;
   Appliances;
   Appliance and electronics repair;
   Art galleries and studios (incl. photo);
   Automotive parts;
   Bakeries (retail only);
   Barber shops and hair salons;
   Books and periodicals;
   Cameras and photo equipment;
   Carpet & floor coverings;
   Clubs and Drinking establishments;
   Consumer electronics;
   Drugs and cosmetics;
   Flowers and plants;
   Food (incl. candy, meat & specialty items);
   Furniture and home furnishings;
   Greeting cards and stationery;
   Hardware;
   Health or fitness clubs;
   Housewares and kitchenware;
   Interior decorating;
   Jewelry;
   Junior department stores;
   Mortuaries and funeral parlors;
   Music and musical instruments;
   Office supplies;
   Optical shops;
   Retail sales of alcoholic liquor or cereal malt beverages;
   Paint and wallpaper;
   Pet stores;
   Photocopying and retail printing;
   Picture framing;
   Restaurants;
   Shoe repairs;
   Sporting goods & bicycles;
   Toys and hobby supplies;
   Veterinarian (domesticated pets only);
   Video rental.
3. C.
   Dry cleaning and laundry pick-up or coin-operated laundry and dry cleaning operations classified as low hazard in applicable codes.
4. D.
   Accessory uses as provided in 18.390.

(History: Ord. ZRR-3355 §7, 2022; Ord. ZRR-1725; ZRR-1637; ZRR-889 §18.24; ZRR-813; ZRR-772 §3; ZRR-412 §14; ZRR-412 §11)

Effective on: 1/1/1901

18.260.030 Height and Area Regulations

The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

1. A.
   Height:

   1. 1.
      In District C-1, the height of buildings or structures shall not exceed 40 feet.
   2. 2.
      In District CP-1, there is no height limit.
2. B.
   Minimum front yard -- 10 feet.
3. C.
   Side yards:

   1. 1.
      No side yard is required except that where a side lot line abuts the side lot line of residentially zoned property, or property zoned C-O or CP-O, a side yard shall be provided which is at least equal to the minimum side yard required in the district which the property abuts, plus one foot for every 6 feet of building height over 30 feet or portion thereof.
   2. 2.
      On the street side of a corner lot, a 10 foot side yard shall be provided.
4. D.
   Rear yard -- no rear yard is required except that where a rear lot line abuts residentially zoned property or property zoned C-O or CP-O, a rear yard shall be provided of not less than 10 feet, plus one foot for every 6 feet of building height over 30 feet or portion thereof. 

(History: Ord. ZRR-2848 §20, 2010; ZRR-1725; ZRR-1637; ZRR-889 §18.24)

Effective on: 1/1/1901

18.260.040 Parking Regulations

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §25, 2023; Ord. ZRR-2848 §21, 2010; ZRR-1725; ZRR-1637; ZRR-1181; ZRR-889 §18.24)
 

Effective on: 1/1/1901

18.260.050 Development and Performance Standards

1. A.
   Development and performance standards applicable to all uses:

   1. 1.
      Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.
   2. 2.
      No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced. 
   3. 3.
      Outdoor lighting - see 18.435.
2. B.
   Retail sales of goods and services:

   1. 1.
      No wholesale sales shall be conducted.
   2. 2.
      No goods, merchandise or equipment shall be stored or displayed outside of a building.
   3. 3.
      All goods, merchandise and equipment shall be sold or rented, and all services rendered, inside of a building, except as provided in subsection C - E.
3. C.
   Drive-in, Drive-thru and Walk-up service - Drive-in, drive-thru or walk-up service may be permitted as part of final development plan approval in District CP-1. The location and design of any drive-in or drive-thru facility shall be such that potential adverse effects on adjacent property are minimal or nonexistent, and the Planning Commission or Governing Body may attach conditions to any development approval for a drive-in or drive-thru facility relating to the configuration, design or operation of the facility intended to lessen potential adverse effects.
   
   ​Exception: Drive-in, drive-thru or walk-up service is not permitted for:
   1. Restaurants;
   2. Retail sales of alcoholic liquor or cereal malt beverages;
   3. Sales for consumption of alcoholic liquor or cereal malt beverages. 
4. D.
   Curbside service - Curbside service may be permitted. The location and design of any designated walk-up or curbside service facility shall be such that potential adverse effect is minimal or nonexistent upon pedestrian and vehicular traffic for the site or upon adjacent property. 
5. E.
   Outdoor food service area - Restaurants or drinking establishments may have an outdoor food service area that is accessory to the main restaurant or drinking establishment function. 

   1. 1.
      The outdoor food service area must be:

      1. a.
         A well-defined space, enclosed by a fence, a wall, or another appropriate material or barrier approved by the Director, in such a way as to allow access only through the interior of the building or through an official gate or entrance (see E.2 below);
      2. b.
         Located on a paved surface at the level of the restaurant. If the outdoor food service area is to be located in an area that has been used for parking, the area must be brought up to the sidewalk level of the restaurant, with adequate pedestrian circulation provided around the outdoor food service area.
      3. c.
         Adequately lighted during all business hours; and
      4. d.
         Designed and serviced to keep debris from blowing off the premises. 
   2. 2.
      Patrons must gain entrance to the outdoor food service area through the main entrance to the restaurant or drinking establishment, but at least one exit from the outdoor service area must be provided for fire safety. 
   3. 3.
      If outdoor food service area is installed on or adjacent to an existing pedestrian walkway, clear sidewalk width meeting the requirements in Site Design Standards SDS 4.7.2 for pedestrian passing shall be provided outside the defined area. 
   4. 4.
      The tables and chairs shall be located at least 10 feet from any doors.  
6. F.
   Outdoor seating areas - Restaurants may provide a small area of tables and chairs on an existing sidewalk where service is not provided by restaurant staff. 

   1. 1.
      Seating areas along a pedestrian walkway shall allow clear sidewalk width meeting the requirements in Site Design Standards SDS 4.7.2 for pedestrian passing. No required ADA areas shall be obstructed.
   2. 2.
      The tables and chairs shall be located at least 10 feet from any doors.
   3. 3.
      Drinking establishments that do not provide outdoor service by staff members shall follow the provisions in E above if alcohol is allowed to be taken outside. 
7. G.
   Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages.

   1. 1.
      Clubs, drinking establishments or restaurants serving alcoholic liquor or cereal malt beverages must be licensed with the State and the City. (See 5.12, 5.20, 5.48)
   2. 2.
      Clubs, drinking establishments or restaurants serving alcoholic liquor or cereal beverages in an outdoor food service area (see E above), must monitor all gates or entrances to the outdoor area as appropriate to ensure no alcoholic liquor or cereal malt beverages are removed from the premises. 
8. H.
   Retail Sales of Alcoholic liquor or cereal malt beverages.

   1. 1.
      Retail sales of alcoholic liquor or cereal malt beverages not for consumption on the premises are allowed for retailers that are properly licensed in compliance with all State and City alcoholic liquor or cereal malt beverage licensing requirements. (See 5.12, 5.20 and 5.48)
   2. 2.
      Retail sales of alcoholic liquor or cereal malt beverages are subject to the provisions of B above.
   3. 3.
      Pursuant to K.S.A. 41-710 (as may be amended), the exterior walls of an alcoholic liquor retailer premises shall not be located within 200 feet of the property line of any public or parochial school or college or church, except that if any such school, college or church is established within 200 feet of any existing alcoholic liquor retailer this setback restriction shall not apply.