Downtown Form-Based Code

DFD 101. Title

This Code is known as the Overland Park Form-Based Code.

Effective on: 1/1/1901

DFD 102. Purposes

1. A.
   A Vision Plan for the Metcalf Corridor, adopted in 2008, presents recommendations designed to enhance the visual character and economic viability of the Metcalf corridor. This Code is intended to meet the objectives of that Plan by providing strong implementation tools for Downtown Overland Park.
2. B.
   The Code is designed to foster a setting for economic growth and development in a sustainable mixed-use pattern of diverse urban centers, integrating residential with employment and commercial uses (as well as recreational opportunities).
3. C.
   The Code shall be applied to new, infill development, and re-development in the designated locations both in order to achieve the vision set forth for Overland Park and to provide a mechanism for implementing the following specific goals, using both public and private sector investment:

   1. 1.
      Capitalize on public investment in existing infrastructure.
   2. 2.
      Promote compact, mixed-use development at moderate to high densities.
   3. 3.
      Ensure transit-supportive and transit-serviceable development.
   4. 4.
      Require pedestrian-oriented and transit-oriented design.
   5. 5.
      Ensure a complementary relationship with surrounding neighborhoods.
4. D.
   The creation of transit- and pedestrian-oriented development is dependent on three factors: density, diversity of uses, and design. The Code places emphasis on the third element (design, or physical form) because it is of greatest importance when creating the places that attract jobs and economic vitality. Density and uses can be expected to change over time as the area grows and matures.

Effective on: 1/1/1901

DFD 103. Other Applicable Regulations

1. A.
   All development must comply with relevant Federal, State and City regulations. Whenever any provision of this Code imposes a greater requirement or a higher standard than is required in any State or Federal statute or other City ordinance or regulation, the provisions of this Code shall govern unless preempted by State or Federal law.
2. B.
   The provisions of this Code are not intended to abrogate any applicable provision of the Unified Development Ordinance​​​​​​​.  Provided that where the provisions of this Code are identified as standards they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provision elsewhere in the Unified Development Ordinance unless otherwise specified. Applicable provision of the Unified Development Ordinance​​​​​​​ shall otherwise apply with respect to matters not addressed in this Code.
3. C.
   Except as set forth in subsection B, where apparent conflicts exist between the provisions of this Code and other existing ordinances, regulations, or permits, or by easements, covenants, or agreements the Director shall determine, based on which best meets the requirements of this Code and Comprehensive Plan, which provisions shall govern within the Form District.

Effective on: 1/1/1901

DFD 104. Minimum Requirements

In interpreting and applying the provisions of the Code, they are the minimum requirements for the promotion of the purposes of this Code.

Effective on: 1/1/1901

DFD 105. Territorial Application

The Code is in effect for that part of the City of Overland Park, Kansas, designated on the Future Development Plan Map as the Downtown Form District (DFD).

Effective on: 1/1/1901

DFD 106. Severability

Should any provision of this Code be decided by the courts to be unconstitutional or invalid, that decision shall not affect the validity of the Code other than the part decided to be unconstitutional or invalid.

Effective on: 1/1/1901

DFD 107. Components of the Code

This Code places a primary emphasis on physical form and placemaking, with a secondary focus on land uses. The principal regulatory sections of this Code are described below.

1. A.
   Administration
   Administration covers applications for development plan approval.
2. B.
   The Regulating Plan

   1. 1.
      A Regulating Plan is the application key for the Code. It provides a public space master plan with specific information on development parameters for each parcel. The Regulating Plan includes the specific details necessary to create the physical form and character of a mixed-use, pedestrian-oriented place and allow expedited development approvals.
   2. 2.
      The Regulating Plan shows how each lot relates to the Street-Space (streets, Squares/Civic Greens, Pedestrian Pathways, etc.) and the surrounding neighborhood. The Regulating Plan may identify additional regulations for lots in specific locations.
3. C.
   The Building Envelope Standards
   The primary intent of the Building Envelope Standards (BES) is to shape the Street-Space—its specific physical and functional character—through placement and form controls on buildings as they frame the Street-Space or public realm. Their secondary intent is to ensure that the buildings cooperate to form a functioning, sustainable, Block structure. These BES aim for the minimum level of control necessary to meet those goals. Regulating by Street Frontage produces a coherent and integrated Street-Space with less interference in the private activities within the lots.
   The Building Envelope Standards establish basic parameters governing building form, including the buildable envelope (in three dimensions) and certain permitted and/or required elements, such as Shopfronts, Balconies, and Street Walls. The Building Envelope Standards establish both the boundaries within which things may be done and specific things that must be done. The applicable standard for a building site is determined by the street frontage designated on the regulating plan.
4. D.
   The Urban-Space Standards
   The purpose of the Urban-Space Standards is to ensure coherent street-space and to assist builders and owners with understanding the relationship between the public space of the street and their own building. These standards set the parameters for the placement of street trees, sidewalks, and other amenities or furnishings (e.g., benches, signs, tree planting areas, streetlights, etc.) within the street-space. They set the typical configurations of the vehicular part of the street, including travel-lanes, curb radii, and on-street parking.
5. E.
   The Architectural Standards
   The goal of the Architectural Standards is a coherent and high-quality building character that is complementary to the best traditions of Overland Park. The Architectural Standards govern a building’s exterior elements for all BES and set the parameters for allowable materials, configurations, and techniques.
   Materials and products that are ‘equivalent or better’ than those specified are always encouraged and may be submitted for approval to the Director, who is authorized to approve them when they meet the intent of these standards.
6. F.
   Building Function Standards
   The Building Function Standards provide for the uses allowed on ground floors and in upper floors, correlated with each building envelope standard. Because the Code emphasizes form more than use, it includes fewer, broader categories than those provided in the zoning ordinance. True civic uses, in Civic Use Buildings, are narrowly defined (see Part 9, Definitions), and exempt from many of the BES requirements.
7. G.
   Parking and Loading Standards
   Parking and loading standards provide goals and requirements to promote a “park once” environment through shared parking and encourage a pedestrian-friendly, walkable Form District.
8. H.
   Definitions
   Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. Wherever a word is in format, consult the definitions for its specific and limited meaning, as well as, any specific standards. Where there is an apparent contradiction between the definitions in this Code and those in the Zoning Ordinance, this Code definition shall prevail.

Effective on: 1/1/1901