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

DFD 201. Applicability

Development proposals within the Downtown Form District shall be subject to the provisions of this Part Part 2 (except as exempted in Section DFD 209  Non-Conformities).

Effective on: 1/1/1901

DFD 202. Director

1. A.
   Authority

   The Director of Planning and Development Services (“Director”) is authorized to review and approve applications for Certificates of Conformity and Administrative Adjustments.

2. B.
   Delegation of Authority

   The Director may designate any member of the staff of the City’s Planning and Development Services Department to represent the Director in any function assigned by this Code. The Director, however, shall remain responsible for any final action taken under this Section.

Effective on: 1/1/1901

DFD 203. FBC Plan Review Committee

The Plan Review Committee (PRC) is established to provide a coordinated and centralized technical review process to ensure conformity with the requirements of the Code. The PRC shall be comprised of personnel from the City departments that have an interest in the development review and approval process. The Director shall appoint the members of the PRC and in no case shall the PRC be composed of less than five (5) members. The Director or his/ her designee shall create appropriate rules and regulations for the conduct of the Plan Review Committee.

1. A.
   Powers and Duties

   1. 1.
      The Plan Review Committee shall be responsible for the review of Concept Plans, Site Plans and any other development related applications that may be required by the Code.
   2. 2.
      The Plan Review Committee shall be responsible for making determinations on the application and interpretation of guidelines, standards, and requirements of the Code.
   3. 3.
      The Plan Review Committee may require the applicant to submit additional information not otherwise specifically required by the Code, which is reasonably necessary to review and determine whether the proposed development complies with the requirements of the Code.
   4. 4.
      The Plan Review Committee shall not be authorized to waive or vary requirements of the Code, the Unified Development Ordinance (“Ordinance”) or any other applicable ordinance of the City of Overland Park.
2. B.
   Operational Procedures
   The Plan Review Committee shall meet as necessary to review development applications. It shall be the responsibility of the Planning Director, or the Director’s designee, to collect the comments of the PRC, prepare a written staff analysis of the outstanding issues related to each application, and provide it to the applicant in a timely manner.

Effective on: 1/1/1901

DFD 204. Certificate of Conformity

An application for approval of a Certificate of Conformity, demonstrating conformity with the provisions contained in this Code and the Regulating Plan shall be submitted to the Director.  In lieu of a full Certificate of Conformity approval, a phased Certificate of Conformity may be requested.  The purpose of a phased approval is to allow a preliminary approval of site details and concept architecture.  With a phased approval, a full Certificate of Conformity must be approved prior to submitting plans for construction.  Deviations from the Form Based Code may be requested with a full or phased Certificate of Conformity.

1. A.
   Certificate of Conformity Application Requirements
   The application for a Certificate of Conformity shall include:

   1. 1.
      A brief narrative describing the Development Proposal;
   2. 2.
      Five (5) sets of completed plans for the Development Proposal at a scale sufficient to read [Site Plans at 1”= 50’, Building Plans and Elevations at 1”= 20’, Details as necessary to demonstrate form-based code (“FBC”) conformity at 1”=4’ to 1”=10’] prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as appropriate, and including the following information, which shall be submitted on the following sheets:

      1. i.
         Location and dimensions of all proposed buildings and other construction;
      2. ii.
         Internal roadways, streets and/or Street-Spaces, Alleys, common access easements, and accessways to adjacent public roadways;
      3. iii.
         Any built or proposed improvements within 200 feet of the site, including streets, drives, buildings, and drainage structures.

1. a.
   Location and dimensions of all parking areas,
2. b.
   Utility Strategy,
3. c.
   Architectural drawings of all proposed building Facades.  For a phased approval, concept architecture may be submitted with the initial application. Concept elevations shall contain sufficient detail to indicate the size, number of stories, scale and architectural style of the structure.

3. 3.
   A completed Form-Based District Review Checklist, the form of which shall be developed, maintained, and made available by the Director, demonstrating conformity with the provisions of the FBC; and
4. 4.
   Any other documents and/or materials required by the Director to determine conformity with the FBC.

2. B.
   Certificate of Conformity Review

   1. 1.
      A pre-application conference with a member of the professional planning staff of the Department of Planning and Development Services is required prior to the submission of any application for a Certificate of Conformity as outlined in Section 18.140.030. The applicant shall provide a schematic site plan and schematic drawings of all Facades at a scale of 1”=100’ (or 1”= 50’) for consideration by the staff. The discussions and any conclusions based thereon at such a pre-application conference are not binding on any party thereto.
   2. 2.
      The Director of Planning and Development Service may administratively provide for submission and review deadlines for materials and studies required in support of any application for a Certificate of Conformity. The need for technical studies shall be at the Director’s discretion as outlined in Section 18.140.040.
   3. 3.
      Applicant’s shall be notified no later than seven (7) business days following the submittal deadline if additional materials and studies will be required in order for review of their application to commence.
   4. 4.
      After the effective date of the Code, no property which has been zoned under the Code may be developed or redeveloped without approval of a Certificate of Conformity from the Director of Planning and Development Services.

Effective on: 1/1/1901

DFD 205. Administrative Adjustments

1. A.
   Purpose and Intent

   The purpose and intent of this section is to provide an administrative mechanism for allowing minor adjustments to limited and specific requirements of the Code, with the intent of providing relief where the application of a standard creates practical difficulties in allowing development to proceed. These adjustments are intended to provide relief for minor construction/survey issues; they are not intended for designed deviations from the Code, like those governed by Section DFD 208. Deviations below. This optional process occurs only where an applicant requests an Administrative Adjustment to a standard specified below.

2. B.
   Administrative Adjustment Application and Review Procedure

   1. 1.
      An application for approval of an Administrative Adjustment shall include:

      1. a.
         A brief narrative describing the Administrative Adjustment sought;
      2. b.
         A completed Administrative Adjustment Checklist, the form of which shall be developed, maintained, and made available by the Director, demonstrating that the adjustment sought is limited to the standards set forth below; and
      3. c.
         Any other documents and/or materials required by the Director to determine that the adjustment sought is limited to the standards set forth below.
   2. 2.
      The Director may seek assistance from the PRC in making a determination under this Section.
   3. 3.
      Within ten (10) business days of receipt of a complete application, the Director shall review the application in accordance with the Administrative Adjustment Standards below, and take one of the following actions:

      1. a.
         Approve the application as submitted;
      2. b.
         Approve the application with conditions; or
      3. c.
         Deny the application.
3. C.
   Administrative Adjustment Standards
   The Director is authorized to approve Administrative Adjustment applications in strict conformance with the following standards only:

   1. 1.
      Height

      1. a.
         Minimum and maximum height - up to five percent (5%) for any cumulative increase or decrease in building height.
      2. b.
         Street Wall/fence requirements – up to ten percent (10%).
      3. c.
         Finished floor elevation – up to five percent (5%).
   2. 2.
      Siting

      1. a.
         Required Building Line – move forward up to six (6) inches.
      2. b.
         Required Building Line minimum percentage built-to – reduction of up to five percent (5%) of required length.
      3. c.
         Parking Setback Line – move forward up to six (6) inches; except along frontages where a building occupies greater than 60% of the RBL, the parking setback along the remaining frontage may be reduced by 10 feet provided that a street wall is located at the RBL for the width of the parking area.
      4. d.
         Mezzanine floor area – up to ten percent (10%) additional area.
      5. e.
         Street Wall requirements – up to ten percent (10%) of the height/ Fenestration/access gate requirements.
      6. f.
         Entrances (maximum average spacing) – up to ten percent (10%) increase in spacing.
   3. 3.
      Elements

      1. a.
         Fenestration (minimum and maximum percent) – up to five percent (5%).
      2. b.
         Elements (minimum and maximum projections) – up to five percent (5%).
   4. 4.
      Architectural Standards

      1. a.
         Primary and accent materials – up to ten percent (10%).
      2. b.
         Window and pane dimensions – up to ten percent (10%).
      3. c.
         Shopfront entry geometry – up to ten percent (10%).
      4. d.
         Upon the recommendation of the Site Plan Review Committee, materials other than those listed in 603.C, 603.D and 603.E may be allowed.
   5. 5.
      Streets, Blocks and Alleys

      1. a.
         Street center lines may be moved up to 50 feet in either direction, so long as:

         1. i.
            the street connectivity is maintained (no cul-de-sacs);
         2. ii.
            no street intersection occurs within 125 feet of another street intersection (centerline to centerline), or within the Functional Area of an Intersection, and 175 feet of another street intersection on Metcalf Avenue and 75th Street (centerline to centerline); and
         3. iii.
            the block configuration meets the standards defined in Section DFD 301.D. Streets, Blocks & Alleys.
4. D.
   Administrative Adjustment of Unlisted Standards

   Any request for relief from a required FBC standard other than those listed above shall be made through the deviation process set forth in Section DFD 208. Deviations below.

5. E.
   Applicability

   Any Administrative Adjustment approved under this Section shall run with the land and not be affected by a change in ownership.

Effective on: 1/1/1901

DFD 206. Effect of Certificate of Conformity Issuance

Issuance of a Certificate of Conformity by the Director allows an applicant to apply for other necessary permits and approvals which include, but are not limited to, those permits and approvals required under the City Building Code.

1. A.
   Certificate of Conformity Modification
   After the Director has issued a Certificate of Conformity, any change in the Development Proposal from the plans submitted to the Director, other than those permitted under Section DFD 206 below, shall be considered to be a Material Modification and shall be subject to the following review procedure:

   1. 1.
      Material Modification requests shall be submitted to the Director for review and approval, and shall include sufficient information to determine conformity with the FBC.
   2. 2.
      Within three (3) business days after receipt of a complete application for a Material Modification, the Director shall refer the application to the PRC.
   3. 3.
      The Director may administratively provide for submission and review deadlines for materials and studies required in support of any application for a Certificate of Conformity.
   4. 4.
      The PRC shall determine if the proposal is in compliance.
2. B.
   Certificate of Conformity Expiration

   1. 1.
      A Certificate of Conformity shall lapse eighteen (18) months from its issuance if an applicant does not secure a building permit.
   2. 2.
      Upon written communication by the applicant submitted at least thirty (30) days prior to the expiration of the Certificate of Conformity, and upon a showing of good cause, the Director may grant one extension not to exceed six (6) months. Upon an application for extension, the Certificate of Conformity shall be deemed extended until the Director has acted upon the request for extension.
3. C.
   Appeal

   Disapproval of a Certificate of Conformity may be appealed to the Governing Body. Such appeals must be submitted in written form by the applicant within fifteen (15) business days following notice of the determination. The Planning Commission shall review the proposed submittal and provide a recommendation to the Governing Body. Subsequent to receiving a recommendation from the Planning Commission, the appeal shall then be considered by the Governing Body for final determination.

Effective on: 1/1/1901

DFD 207. Amendments to the Form-Based Code

1. A.
   Text Amendments

   Any application for an amendment to the form-based code text shall be considered an application for a zoning text amendment subject to Ordinance Section 18.140.120 and any other regulations applicable to zoning text amendments.

2. B.
   Regulating Plan Amendments

   Any application for an amendment to the FBC Regulating Plan shall be considered an application for a zoning map amendment subject to Ordinance Sections 18.140.130 and 18.140.150  and any other regulations applicable to rezoning.

   In addition, any amendment to the Regulating Plan shall conform to the following requirements.

   1. 1.

      Application, Building Envelope Standards (BES)
      In determining the allocation and, thereby, the form and mixed use character of the district, attention must be paid to both the physical context (what goes next to what) and diversity of allowed/required uses. When creating or amending a Regulating Plan, the following standards apply (see item C. Chart of Permitted Adjacencies).

      1. a.

         Civic Use Buildings (sites designated on the Regulating Plan) are not restricted by these standards.

      2. b.

         Townhouse/Small Apartment frontages: shifts between RBL and RBL2 alignments shall be limited to 1 per 75 feet per block face.

      3. c.

         See C. Chart of Permitted Adjacencies for the Building Envelope Standards.

DFD 207.B.1 Illustrative Intent
Acceptable similar BES across the street-space	Not Acceptable dis-similar facing BESs

2. 2.

   Streets, Blocks, Alleys
   Any amended Regulating Plan shall conform to the standards defined in Section DFD 301. Rules for Regulating Plans.

3. C.
   Chart of Permitted Adjacencies for the Building Envelope Standards

Effective on: 1/1/1901

DFD 208. Deviations

1. A.
   Notification of Surrounding Property Owners

   Any request for a deviation from the provisions of the Code shall require notification as outlined in Ordinance Section 18.140.080 .

2. B.
   Process and Standards

   The Governing Body may approve deviations, subsequent to receiving a recommendation from the Planning Commission, from the provisions of the Code pursuant to the standards outlined in Ordinance Section 18.150.070.H.

Effective on: 1/1/1901

DFD 209. Non-Conformities

Non-conforming structures within the Form District may be altered or repaired according to the following schedule:

1. A.
   Single-family and duplex structures:

   1. 1.
      Repairs and remodeling to a single-family or duplex structure may be made without limitation.  Additions and accessory structures may be allowed pursuant to the setbacks and performance standards outlined in O.P.M.C 18.180 and 18.390.
   2. 2.
      Intentional demolition requires conformance to this Code.
   3. 3.
      Single-family and duplex structures destroyed by fire, explosion, act of God, or the public enemy may be replaced with conformance to a like residential zoning district as determined by the Director.
   4. 4.
      Land platted for single-family development, that is otherwise undeveloped and designated with a Townhouse/Small Apartment building frontage, may build single-family homes subject to the Detached Frontage standards.
2. B.
   Other Structures:

   1. 1.
      Minor repairs to and routine maintenance of structures where nonconforming situations exist are permitted and encouraged. 
   2. 2.
      Intentional demolition requires conformance to this Code.
   3. 3.
      Existing non-conforming structures destroyed by fire, explosion, act of God, or the public enemy may be replaced with a structure of comparable height that otherwise meets the requirements of this Code. 
   4. 4.
      Additions of up to 10% of the square footage of a non-conforming structure (existing as of the adoption of the form-based code on September 1, 2011) may be made subject to conformance with only Part 6,  Architectural Standards of this Code.
   5. 5.
      Additions greater than 10% but equal to or less than 50% of the square footage of a non-conforming structure may be made subject to conformance with the Part 4, Building Envelope Standards and Part 6, Architectural Standards  of this Code relative to the new addition only, and Part 5, Urban Space Standards relative to the entire site.
   6. 6.
      Additions greater than 50% of the square footage of a non-conforming structure shall be made in conformance with all applicable provisions of this Code. At such time, all existing non- conforming site improvements must also be brought into complete conformity with all applicable provisions of this Code.
   7. 7.
      Improvements of non-conforming site and/or structure greater than 10% of the Johnson County Appraised total value of the property shall be made subject to all applicable standards in SDS 4.7 - SDS 4.14 (Pedestrian & Vehicle Access and Landscaping) of the Overland Park Site Design Standards (adopted by reference in O.P.M.C. 18.100.043).
   8. 8.
      Improvements of non-conforming site and/or structure greater than 75% of the Johnson County Appraised total value of the property shall be made in conformance with all applicable provisions of this Code. At such time, all existing non-conforming site improvements must also be brought into complete conformity with all applicable provisions of this Code.
3. C.
   Non-conforming Uses:

   1. 1.
      A non-conforming use may be extended throughout any portion of a completed building that, when the use was made non-conforming by this Code, was manifestly designed or arranged to accommodate such use.
   2. 2.
      A non-conforming use may not be extended to additional buildings or to land outside the original building.
4. D.
   Historic Structures
   Historically-designated structures may be specified as a Civic Use Building by the Planning Commission and Governing Body.

DFD 209.D Historic Structures

The black building envelopes represent Civic Use Buildings in downtown Overland Park.

Effective on: 1/1/1901

DFD 301. Rules for Regulating Plans

1. A.
   Purpose and Intent

   1. 1.
      A Regulating Plan is the controlling document and principal tool for implementing this Code.
   2. 2.
      The Regulating Plan makes the development standards place-specific, by allocating the Building Envelope Standards (BES) and delineating the public spaces. A Regulating Plan identifies: the boundaries for the district; new and existing streets; the Required Building Line and Parking Setback Line; and the Street-Type Specifications throughout the plan area.
   3. 3.
      A Regulating Plan may identify specific characteristics assigned to a lot or building site and may identify additional regulations (and opportunities) for lots in specific locations, as well as exceptions to the BES or other standards.
2. B.
   Regulating Plan Key

DFD 301.B Understanding the Regulating Plan

3. C.
   Building Envelope Standards (BES)

   1. 1.
      Building Envelope Standards are designated on the Regulating Plan by Street Frontage.
   2. 2.
      In determining the allocation and, thereby, the form and mixed-use character of the district, attention has been be paid to both the physical context (what goes next to what) and diversity of allowed/required uses.
4. D.
   Streets, Blocks & Alleys

   1. 1.
      Streets

      The street specifications may be shown on an additional version/plot of the Regulating Plan - a Street Specification Plan. Street configurations called out there and in the Urban Space Standards and or Regulating Plan may or may not be immediately constructed. They shall be placed into the system such that, when reasonable for the City’s street maintenance/reconstruction plan, they can be rationally constructed.

      1. a.
         Additional streets may be added to the Regulating Plan to create a smaller Block pattern.
      2. b.
         Where new streets (not in existence as of 2010) are shown/drawn on the Regulating Plan as optional, they shall be considered optional and at the discretion of the property owner(s).
      3. c.
         Where new streets are designated on the Regulating Plan without an asterisk, they are critical to the working of the Form District and shall be considered mandatory. While the street infrastructure may not be constructed until some point in the future, the RBL, and other regulations of the Regulating Plan shall be respected.
      4. d.
         New streets shall be public.
      5. e.
         Additional streets may be added to the Regulating Plan to create a smaller Block pattern; however, no streets may be deleted without being replaced.
      6. f.
         Where a new street or a street stub-out is shown on the Regulating Plan, no other curb cut/intersecting street is permitted within 125 feet.
      7. g.
         All lots shall share a frontage line with a Street-Space.
   2. 2.
      Blocks

      1. a.
         No block face shall have a length greater than 350 feet without an Alley, Common Drive or access easement, or Pedestrian Pathway providing through-access to another Street-Space, Alley or Common Drive, or designated Conservation Line. Individual lots with less than 100 feet of Street Frontage are exempt from the requirement to interrupt the Block face; those with over 200 feet of Street Frontage shall meet the requirement within their lot, unless already satisfied within that Block face.
      2. b.
         Unless otherwise specified on the Regulating Plan, driveways and Alleys are not permitted within 125 feet of another street, Alley, or driveway (centerline to centerline). This distance shall be increased to 175 feet on Metcalf Avenue and 75th Street (centerline to centerline). Driveways located on Alleys or Common Drives are exempt from these requirements.
      3. c.
         In no case shall a driveway or alley be located within the Functional Area Of An Intersection. The Director may grant exceptions to these requirements where unique circumstances exist related to ownership and/or development patterns which prevent strict compliance with these requirements.
      4. d.
         The average perimeter of the Blocks shall not exceed 1500 feet. Blocks shall be measured at the external/RBL lines (or along public right-of-ways, other public, agricultural, conservation and private lands where an RBL is not present). All lots and/or contiguous lots shall be considered to be part of a Block for this purpose.
   3. 3.
      Alleys

      1. a.
         Alleys or Common Drives must provide access to the rear of all lots, except where lots are on a perimeter common to non-developable or Conservation Lands or where a lot has streets on three sides and the absence of an Alley or Common Drive would not deprive an adjacent neighbor of rear lot access.
      2. b.
         For new Alleys (or Common Drives), public access, public utility, and drainage shall be dedicated via an easement.
      3. c.
         Alleys may be incorporated into (rear) parking lots as standard drive aisles. Access to all properties adjacent shall be maintained. Access between parking lots across property lines is required.
      4. d.
         Where an Alley does not exist and is not feasible to construct at the time of redevelopment of any property, but is determined by the City to be needed, the applicant shall record an easement (utility and access) for the Alley right-of-way within the rear setback. The area within the rear setback shall be maintained at a minimum by:

         1. i.
            Providing routine landscape maintenance to the area.
         2. ii.
            Keeping the area clear of debris, stored materials, and stored or parked vehicles.

Any amendment or change to the Regulating Plan, beyond those specified above, will be a zoning map amendment of this code. See Part Part 2, DFD 207. Amendments to the Form-Based Code.

DFD 301.D Downtown Form District Regulating Plan

This portion of the Downtown Form District Regulating Plan is shown for illustrative purposes only, refer to the City for specific Regulating Plan information.

Click here to access the current Regulating Plan.

Effective on: 1/1/1901

DFD 401. Intent

1. A.
   The goal of the Building envelope standards (BES) is the creation of a vital and coherent public realm through the creation of good Street-Space. The intent of these form standards is to shape the Street-Space —the specific physical and functional character—of the Downtown Form District. The form and function controls on building frontages work together to frame the Street-Space while allowing the buildings greater latitude behind their Facades. The Building envelope standards aim for the minimum level of control necessary to meet this goal.
2. B.
   The BES set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required or permitted functional elements, such as Fenestration (windows and doors), stoops, Balconies, Front Porches, and Street Walls .
3. C.
   The BES establishes the rules for development and redevelopment on private lots, unless otherwise indicated on the Regulating Plan.
4. D.
   The Regulating Plan identifies the Building Envelope Standard for all private building sites within the Downtown Form District.

Effective on: 1/1/1901

DFD 402. General Provisions

The following apply to all BES, unless expressly stated otherwise within an individual BES or otherwise designated on the Regulating Plan.

1. A.
   Transitions

   1. 1.
      When the BES designation shown on the Regulating Plan changes along a property’s Required Building Line (RBL), that property owner has the option, for his property’s Street Frontage only, of applying either BES for a maximum additional distance of 50 feet, in either direction along that RBL.
   2. 2.
      Existing structures located on a lot with more than one Building Envelope Standard across the Required Building Line may use the Building Function for either Building Envelope Standard designated on the Regulating Plan for the existing structure only.
2. B.
   Façade Composition

   1. 1.
      For each Block Face, Facades along the RBL shall present A Complete and Discrete Vertical Façade Composition (i.e. architectural Facade articulation to maintain and protect human-scale for the Street-Space) at an average Street Frontage length of no greater than 60 feet for General Storefront frontage sites; 75 feet for General Urban and Townhouse/Small Apartment, Workshop, and Detached frontages.
   2. 2.
      Each Facade composition shall include a functioning street entry door. Individual infill projects on lots with Street Frontage of less than 100 feet on a Block Face are exempted from the overall Facade composition requirement for that Block Face, but shall still include a functioning street entry. This requirement may be satisfied for large footprint uses, such as large groceries and department stores, through the use of liner shops.
   3. 3.
      “Facade composition” is the arrangement and proportion of Facade materials and elements (windows, doors, columns, pilasters, bays). “Complete and Discrete” is much like a new Facade for a new building. To achieve the Facade Composition requirements above, within a Street Frontage requires, at a minimum, item a. below and two additional items:

      1. a.
         Clearly different Ground Story Facade composition (both framing materials and Fenestration proportions) from one bay to the next.
      2. b.
         Fenestration proportions (minimum difference 20% in height or width or height:width ratio).
      3. c.
         Facade composition (clearly different ‘bay’ rhythm, e.g. ‘ABA’ – ‘ABBA’ – ‘BAAB’ – ‘ABCBA’).
      4. d.
         Wall Material (wall material change – color changes insufficient).
      5. e.
         Change in Fenestration percentage (minimum difference 12%; ground floor Facade are not included).

DFD 402.B.3.b Illustrative intent	DFD 402.B.3.c Illustrative Intent

3. C.
   Building Size
   The maximum footprint for a building is 25,000 gross square feet; beyond that limit a deviation is required (see Part 2. Administration, Application Process & Appeals). This shall not limit parking structures built according to this Code.
4. D.
   Neighborhood Manners
   For any BES frontage except Detached, the following rules apply:

   1. 1.
      Where a site is adjacent to a single-family detached residential lot outside the DFD Boundary, within 150 feet of the common lot line residential structures shall have a maximum height of 35 feet and there shall be a 25 foot rear yard and a 7 foot side yard setback. This requirement supersedes the minimum Story height requirement.  Accessory structures may be allowed pursuant to the setbacks and performance standards outlined in Section 18.180 and 18.390 of the Unified Development Ordinance.
   2. 2.
      Where a site shares a property line with a single-family residential property outside the DFD Boundary, a Garden Wall/ Street Wall, 4 to 6 feet in height, shall be constructed within 1 foot of the Common Lot Line or Alley.

5. E.
   Height

   1. 1.
      The height of all buildings is measured in Stories, with an ultimate limit in feet, measured from the top of the wall plate to the fronting sidewalk elevation, unless otherwise designated herein.
   2. 2.
      An Attic Story is not included in the height measurement.
   3. 3.
      If an individual story exceeds the maximum floor-to-floor height, it shall be counted against another Story, and no individual building height may exceed the BES prescribed ultimate height. See Dormers and English Basement for additional standards.
   4. 4.
      Any portion of a parking structure within 30 feet of a building constructed per this Code and after approval of the Regulating Plan shall not exceed that building’s primary ridge or Parapet Height.
   5. 5.
      Mezzanines that have a floor area greater than 1/3rd of the floor area of the Story in which they are located shall count as an additional full Story in the Story height measurement. Mezzanines shall be set back from the RBL at least 20 feet and may be in the form of a platform, podium, or wide balcony. Its uses shall be limited to a continuation of the ground story uses.
   6. 6.
      The prescribed minimum Story clear-height shall be met by at least 80% of the specified Story area.
   7. 7.
      The Ground Story finished floor elevation requirements shall be measured within 30 feet of the/any RBL (see Section 403. Ground Story Height: Commerce Uses.1).
6. F.
   Siting

   1. 1.
      The building Facade shall be built-to the RBL within 30 feet of a Block Corner, unless otherwise specified in the BES.
   2. 2.
      A Street Wall shall be required along any RBL frontage that is not otherwise occupied by a building. The Street Wall shall be located not more than 12 inches behind the RBL.
   3. 3.
      The RBL, designated on Regulating Plan as an absolute line, incorporates an offset area (or depth) of 24 inches beyond that line (into the Buildable Area) allowing for jogs, Facade articulation, etc. unless otherwise designated herein. Therefore, where the Facade is placed within that 24 inch zone, it is considered to be “built-to” the RBL. See Shopfront for additional allowances.
   4. 4.
      Buildings may only occupy that portion of the lot specified as the Buildable Area—the area behind the RBL as designated by the BES.
   5. 5.
      No part of any building may be located outside of the Buildable Area except overhanging eaves, awnings, Storefronts, Bay Windows, Stoops, steps, handicapped ramps approved by the Director, or Balconies.
   6. 6.
      No part of any building may be located outside of any designated Lot Building Limit except steps, overhanging eaves, or awnings.
   7. 7.
      There is no required setback from Alleys (or Common Drives) except as otherwise indicated on the BES. On lots without Alley access, there shall be a minimum 25 foot setback from the rear lot line.
   8. 8.
      There are no side lot setbacks, except as specified in Section 402.D. Neighborhood Manners or in the BES.
   9. 9.
      The Parking Setback Line is generally 30 feet behind the RBL and extends, vertically from the first floor level, as a plane unless otherwise indicated on the Regulating Plan or in the BES. Vehicle parking shall be located behind the Parking Setback Line, except where parking is provided below grade, on-street, or otherwise indicated on the Regulating Plan
   10. 10.
       Corner Lots and through lots shall satisfy the build-to requirements for their full/all Street Frontages (RBL), unless otherwise specified in this Code.
7. G.
   Garage and Parking
   Driveways shall be located at least 125 feet away from any Block Corner or another garage entry on the same Block Face. This distance shall be increased to 175 feet on Metcalf Avenue and 75th Street. No driveway shall be located within the Functional Area Of An Intersection. These requirements are not applicable along Alleys or Common Drives.
8. H.
   Elements

   1. 1.
      Fenestration is measured as a percentage of the Facade between floor levels. Fenestration shall be distributed such that no 30 foot section of a Facade violates the BES percentage parameters.
   2. 2.
      No window may face or direct views toward a Common Lot Line within 20 feet unless:

      1. a.
         That view is contained within the lot (e.g. by a Privacy Fence or Garden Wall), or
      2. b.
         The sill is at least 6 feet above its finished floor level.
   3. 3.
      Balconies and Stoops shall not project within 5 feet of a Common Lot Line.

      1. a.
         Balconies, where specified in the Building Envelope Standards, must be enclosed by balustrades (railings) and shall not be otherwise enclosed, above a height of 42 inches, except with insect screening and/or columns/posts supporting a roof or connecting with another balcony above.
   4. 4.
      No part of any building except overhanging eaves, awnings, Balconies, Bay Windows, Stoops, and Shopfronts as specified by the code may project beyond the RBL. Additionally, steps are permitted within the Dooryard area.
   5. 5.
      At least one functioning entry door shall be provided along each Ground Story Facade at intervals not greater than 75 feet.
   6. 6.
      Privacy Fences may be constructed along that portion of a Common Lot Line and or Alley (or Common Drive) not otherwise occupied by a building.
   7. 7.
      On the RBL/facade side of the roof-pitch attic stories may have windows only via dormers and windows in gable-ends (block interior elevations are not so restricted).
   8. 8.
      Bay Windows shall have a minimum interior clear width at the main wall of four feet. Bay Windows shall not project more than 42 inches beyond the required building line; and walls and windows shall be between 90 degrees (perpendicular) and 0 degrees (parallel) relative to the primary building wall from which they project.
   9. 9.
      Covered Sidewalks shall have a minimum clear height of 13 feet (signage or lighting may encroach) and a minimum clear width (from Façade or Required Building Line) to inside column face of 10 feet. The area within a Covered Sidewalk shall include a Clear Walkway.
9. I.
   Civic Use Buildings
   When designated on the Regulating Plan, Civic Use Buildings are exempt from the BES and Architectural Standards, excepting any provisions that concern adjacent single-family detached districts.
10. J.
    General Storefront Frontages
    Where designated on the Regulating Plan, these frontages shall use the General Urban Frontage BES, excepting that their Ground Story configuration shall be for Commerce - that of a Shopfront. (See DFD 606.D.3 Shopfront Windows for specific architectural requirements.) Some use differences may also apply (See Section DFD 801 Building Functions. General Provisions for specific requirements)
    .

Effective on: 1/1/1901

DFD 403. General Urban Frontage

This is the basic urban street frontage, once common across the United States.  The uses range from commercial to residential, retail to municipal- and combinations of all of the above.  The primary form is that of a multi-story building placed directly at the sidewalk with windows across the facade.  There could be several buildings lined up shoulder to shoulder, filling out a block, or on smaller blocks, a single building might fill the block face.

ILLUSTRATIONS AND INTENT

Note: These are provided as illustrations of intent.  The depictions under Illustrations and Intent are advisory only and do not have the power of law.  Refer to the following standards for the specific prescriptions and restrictions of the Building Envelope Standard.

DFD 403 Illustrations and Intent

 

DFD 403 Standards
ELEMENTS   Fenestration 1. Blank lengths of wall exceeding 20 linear feet are prohibited on all Required Building Lines (RBL). 2. Ground Story Fenestration shall comprise between 33% and 70% of the Facade. Where designated as General Storefront the Ground Story Fenestration shall comprise between 50% and 90% of the facade. 3. Upper Story Fenestration shall comprise between 20% and 70% of the Facade area per Story. 4. Retail uses shall use Shopfront Fenestration standards. Building Projections 1. Awnings shall project: a. a minimum of 5 feet from the Facade b. a minimum of 4 feet back from any Street Tree or streetlight center-line alignment. 2. Awnings that project over the sidewalk portion of a street-space shall maintain a clear height of at least 10 feet. 3. Awnings may have supporting posts at their outer edge provided that they: a. Have a minimum of 8 feet clear width between the Facade and the support posts or columns of the awnings, and b. Have between 18 and 24 inches between the support posts or columns of the awnings and the back of curb, and c. Provide a continuous walking path at least 5 feet wide running adjacent and parallel to the awning columns/ posts. Street Walls One access gate no wider than 22 feet and one pedestrian entry gate no wider than 5 feet shall be permitted within any required Street wall.	USE   Ground Story The Ground Story may only house Commerce or Residential uses. See height specifications above for specific requirements unique to each use.   Upper Stories 1. The upper Stories may only house Residential or Commerce uses. 2. Refer to DFD 804.F. Restaurant/Bar, Retail Sales for specific standards related to restaurant or retail sales uses in upper stories. 3. No Commerce use is permitted above a Residential use. 4. Additional habitable space is permitted within the roof where the roof is configured as an Attic Story. Commerce Frontage Special Conditions General Storefront Frontages Where designated on the Regulating Plan as General Storefront these frontages shall use this General Urban BES standard, excepting that the Ground Story configuration shall be for commerce - that of a Shopfront. (See  DFD 606.D.3 Shopfront Windows for specific requirements.)   Steep Slope Exceptions: Subject to the Director’s approval, for approved grocery operations, where the average slope across a Street Frontage for a given Block face is greater than or equal to 5%, the Ground Story finished floor elevation requirement may be measured across a frontage width increment of 120 feet to a maximum 27 inches (average) above the fronting sidewalk.

Effective on: 1/1/1901

DFD 404. Townhouse/Small Apartment Frontage

The townhouse/small apartment building envelope standards is of moderate intensity, often created by a series of smaller attached structures, single-family residential, stacked flats, service commercial, or live-work arrangements.  This standard has regular street-space entrances, as frequently as 18 feet.  The character and intensity of this frontage varies with the siting/location of the required building line-the buildings may be placed up to the sidewalk with stoops (at the RBL), or further back with front porches and/or small dooryard gardens (at the RBL2). Similarly, the tree lawns may be found uncovered and continuous or partially covered in the street-space, depending on the street intensity.

Similar to the scale of the townhouse and row house, a small apartment can also be used to transition the urban form and intensity to abutting single-family neighborhoods.

ILLUSTRATIONS AND INTENT

Note: These are provided as illustrations of intent. The depictions under Illustrations and Intent are advisory only and do not have the power of law. Refer to the following standards for the specific prescriptions and restrictions of the Building Envelope Standard.

DFD 404 Illustrations and Intent

DFD 404 Standards
ELEMENTS   Fenestration 1. Blank lengths of wall exceeding 15 linear feet are prohibited on all Required Building Lines (RBL). 2. Fenestration shall comprise between 20% and 70% of the Facade. 3. No window may face or direct views toward a Common Lot Line within 20 feet unless: a. that view is contained within the lot (e.g. by a Privacy Fence/Garden wall) or, b. the sill is at least 6 feet above the finished floor level. Building Projections 1. Each lot/Ground Story unit shall include: a. a Stoop of not more than 5 feet deep and 6 feet wide (not including steps) may be roofed but not enclosed, or b. a Front Porch, between 8 feet and 10 feet deep with a width not less than 1/3rd of the Facade, or as specified in Siting, Facade, 2. 2. No Front Porch may sit forward of the RBL. 3. See Front Porch for additional dimensional requirements. Doors/Entries Each RBL/ Facade Ground Story unit shall provide a functioning entry door with direct Street-Space access.   Street Walls One access gate no wider than 18 feet and one pedestrian entry gate no wider than 5 feet shall be permitted within any required Street wall.	USE   Ground Story The Ground Story may only house Residential uses.   Upper Stories 1. The upper Stories may only house Residential uses. 2. Additional habitable space is permitted within the roof where the roof is configured as an Attic Story. Accessory Unit 1. One English Basement Unit or one accessory unit is permitted per lot. 2. Parking and Accessory Unit (maximum 650 square foot footprint) uses are permitted in the Buildable Area at the rear of the lot. Live-Work Frontage Special Conditions Where designated on the regulating plan as live-work, or on a corner lot where at least one other corner is designated for Commerce Use, lots designated as Townhome/Small Apartment shall use this BES standard, excepting that they have the option of using the ground story configuration for Commerce - that of a Shop Front. (See DFD 606.D.3. Shop Front Windows for specific requirements.)

Effective on: 1/1/1901

DFD 405. Detached Frontage

The detached frontage building envelope standard is limited to the traditional single-family house with small front, side and rear yards along a tree-lined street. Structures are 1 to 3 stories in height with pitched roofs and front porches.

ILLUSTRATIONS AND INTENT

Note: These are provided as illustrations of intent. The depictions under Illustrations and Intent are advisory only and do not have the power of law. Refer to the following standards for the specific prescriptions and restrictions of the Building Envelope Standard.

DFD 405 Illustrations and Intent

DFD 406 Standards
ELEMENTS   Fenestration 1. Blank lengths of wall exceeding 20 linear feet are prohibited on all Required Building Lines (RBL). 2. Fenestration shall comprise at least 25%, but not more than 70%, of all Facade. 3. No window may face or direct views toward a Common Lot Line within 15 feet unless: a. that view is contained within the lot (e.g. by a Privacy Fence/Garden Wall), or b. the sill is at least 6 feet above the finished floor level.   Building Projections 1. Each lot shall include a Front Porch at the RBL, between 8 feet and 10 feet deep with a width not less than 1/3rd of the Facade width. 2. No part of any building except the Front Porch, roof (overhanging eaves) and steps may encroach beyond the RBL into the Dooryard. 3. See Front Porch in DFD 901. Defined Terms for additional dimensional requirements.   Doors/Entries At least one functioning entry door shall be provided along the Ground Story Facade of each building.     Street Walls and Fences 1. There is no Street Wall requirement. 2. Any Front Yard Fence shall be within one foot of the Clear Walkway/Dooryard line parallel to the RBL, and along Common Lot Lines to a point at least 10 feet back from the RBL. 3. A Privacy Fence may be constructed along a Common Lot Line behind the Parking Setback Line and parallel to the RBL when setback 15 feet and behind the Parking Setback Line.	USE   Ground Story The Ground Story and any accessory unit may only house Residential uses.     Upper Stories 1. The upper Stories may only house Residential uses. 2. Additional habitable space is permitted within the roof where the roof is configured as an Attic Story.   Accessory Uses Parking and Accessory Unit (maximum 650 square feet) uses are permitted in the Buildable Area at the rear of the lot.

Effective on: 1/1/1901

DFD 406. Workshop Frontage

The Workshop form standard accommodates small scale manufacturing and repair—including artisans—within the City. These structures are of limited height and are built to the fronting sidewalk. Exterior work areas are confined to work courts and/or at the center of the block.

ILLUSTRATIONS AND INTENT

Note: These are provided as illustrations of intent. The depictions under Illustrations and Intent are advisory only and do not have the power of law. Refer to the following standards for the specific prescriptions and restrictions of the Building Envelope Standard.

DFD 406 Illustrations and Intent

DFD 406 Standards
HEIGHT   Building Height The building shall be at least 20 feet to the eaves or parapet in height, but no greater than 4 Stories and 60 feet in height.   Ground Story Height  1. The average Ground Story finished floor elevation shall be between zero (equal) and a maximum 24 inches above the exterior sidewalk elevation in front of the building (excepting as may be required for flood or storm-water requirements). 2. The Ground Story shall have at least 12 feet of clear interior height (floor to ceiling) contiguous to the Required Building Line (RBL) frontage for a minimum depth of at least 25 feet. 3. The maximum Story height for the Ground Story is 22 feet. Upper Story Height 1. Upper Stories shall have an interior clear height (floor to ceiling) maximum height of 12 feet. 2. At least 80% of each upper Story shall have an interior clear height (floor to ceiling) of at least 9 feet. Street Wall Height A Street Wall not less than 3 feet in height or greater than 8 feet in height shall be required along any RBL frontage that is not otherwise occupied by a building on the lot.	SITING   Façade 1. On each lot the building Façade shall be built to the RBL for at least 60% of the RBL length. 2. The Ground Story Façade, within 8 feet of the Block Corner, may be chamfered. Buildable Area No part of any building, except overhanging eaves, or awnings shall occupy the area behind the Lot Building Limit. The area may be used for loading, circulation and/or as a work yard.   Alleys There is no required setback from Alleys or Common Drives, except as provided by a Lot Building Limit on the Regulating Plan.   Garage and Parking Garage doors shall not be located on the RBL/Façade.

DFD 406 Standards
ELEMENTS   Fenestration 1. Blank lengths of wall exceeding 35 linear feet are prohibited on all Required Building Lines (RBL). 2. Fenestration shall comprise between 20% and 70% of the Façade.   Building Projections 1. Awnings shall project a minimum of 5 feet and a maximum of: a. Within 1 foot of back of curb where there are no Street Trees or streetlights, or b. 1 foot into the Tree Lawn (where there are Street Trees). c. Not less than 4 feet back from any Street Tree or Streetlight centerline 2. Awnings that project over the sidewalk portion of a Street-Space shall maintain a clear height of at least 10 feet.   Doors/Entries At least one functioning pedestrian entry door shall be provided along each Ground Story Façade at intervals not greater than 80 linear feet.   Street Walls One access gate no wider than 25 feet and one pedestrian entry gate no wider than 5 feet shall be permitted within any required Street Wall.	USE   Ground Story The Ground Story may only house Workshop or Commerce uses.   Upper Stories The upper Stories may only house Workshop or Commerce uses. No restaurant or retail uses shall be allowed in upper Stories. Residential use is permitted on the top story or upper most Story only and shall not exceed 25% of the gross floor area of the entire building.

Effective on: 1/1/1901

DFD 501. Applicability

1. A.
   The Urban Space Standards apply to new development as well as the reconstruction of existing streets and other public (and publicly accessible) spaces.
2. B.
   The Urban Space Standards establish the rules and standards for the Street Space/public realm (especially streets and sidewalks).

Effective on: 1/1/1901

DFD 502. Intent

1. A.
   Although commonly thought of as just Plazas or parks, the urban space (or public realm) is much more; it includes the complete Street-Space—the public domain between the building façades: the travel lanes between the curbs as well as the sidewalks; the public plazas as well as urban parks and Civic Greens.
2. B.
   The Urban Space Standards are directly related to that goal. Specifically:

   1. 1.
      They establish an environment that encourages and facilitates pedestrian activity. “Walkable” streets that are comfortable, efficient, safe, and interesting.
   2. 2.
      They ensure the coherence of the Street-Space, serving to assist residents, building owners, and managers with understanding the relationship between the Street-Space and their own lots.
   3. 3.
      They contribute to ultimate sustainability. Native trees and plants contribute to privacy, the reduction of noise and air pollution, shade, maintenance of the natural habitat, conservation of water, and rainwater management.
3. C.
   Property frontages and Façades are part of the public realm, literally forming the walls of the public Street-Space and are therefore subject to more regulation than the other portions of the private property.
4. D.
   The private, interior portions of the lots (toward the Alley or rear lot lines) are much less controlled to allow commercial operators to utilize these spaces as efficient working environments unseen by the public and allow residents to have private (semi-private for apartment and condominium dwellers) gardens and courtyards.

Effective on: 1/1/1901

DFD 503. Street Type Specifications

The Street Type Specifications illustrate typical configurations for Street-Spaces within the Form District. The plans and sections specify vehicular travel lane widths, curb radii, sidewalks, tree planting areas, and on-street parking configurations. They also provide a Comparative Pedestrian Crossing time as a gauge of relative pedestrian crossing-comfort between the various street types.

1. A.
   Intent and Principles

   1. 1.
      General Intent

      1. a.
         Streets are a community’s first and foremost public spaces and should be just as carefully designed and planned as any park or public building. The character of the Street-Space—both its scale and its details—plays a critical role in determining the pedestrian quality of a given location.
      2. b.
         Streets must balance the needs of all forms of traffic—auto, transit, bicycle and pedestrian—to maximize mobility and convenience for all residents and users. Their character will vary depending on their location: some streets will carry a large volume of traffic and provide a more active and intense urban pedestrian experience while others will provide a less active and more intimately scaled Street-Space.
      3. c.
         Streets should be developed to create people-oriented places balancing all transportation modes. The neighborhood streets are designed primarily for walkability and pedestrian comfort, with automobile movement as a secondary focus. The Major Urban street-type provides a higher level of vehicular movement while maintaining fair walkability.
   2. 2.
      Principles

      1. a.
         The appropriate design of streets is one of the most important design elements for an urban neighborhood and center.
      2. b.
         To design for continuous free-flowing vehicle traffic creates situations where vehicles will travel at speeds greater than desirable for pedestrians.
      3. c.
         With appropriate design, drivers will choose slower speeds and less aggressive behavior, a feat typically not achieved through basic speed limit signage/postings.
      4. d.
         Scale is a threshold design consideration for street design elements (from signage to crossing distances)—in a Neighborhood, Town or City it should be that of the pedestrian.
      5. e.
         An interconnected street network provides for more balanced traffic volumes.
      6. f.
         Emergency vehicle access must be maintained, but with an interconnected street network, there will always be at least two routes of access to any lot or parcel.
      7. g.
         Differences between “requirements” and “preferences” can be significant—increased lane width and the accompanying increased vehicle speed more often than not decrease the overall safety for pedestrians.
      8. h.
         On-street parking slows passing vehicular traffic and acts as a buffer between moving vehicles and pedestrians.
      9. i.
         Overall function, comfort, safety and aesthetics of a street are more important than efficiency alone.
      10. j.
          In a pedestrian-oriented area, non-vehicular traffic should be provided with every practical advantage so long as safety is not adversely affected.
      11. k.
          Street design should take into consideration what is reasonably foreseeable, not every situation that is conceivably possible.
      12. l.
          Designing a street to facilitate (rather than accommodate) infrequent users may actually be the wrong design for the frequent users of the space.
      13. m.
          When the street design creates a conflict between the vehicular and non-vehicular user, it should be resolved in favor of the non-vehicular user unless public safety will be truly jeopardized by the resolution.
2. B.
   Street Types

   1. 1.
      These are the permitted types and configurations allowed within the Form District. The numbers refer to dimensions within the Street-Space. The first number is the literal Street-Space (the distance between Façades across the street) and the second is the distance to the back-of-curb - includes travel lanes, any on-street parking, and curb and gutter.

      1. a.
         Major Urban MU-114/66
      2. b.
         Santa Fe-S-90/59
      3. c.
         Street S-70/40
      4. d.
         Street S-66/38
      5. e.
         Alley A-30
      6. f.
         Alley A-24
   2. 2.
      On the Major Urban specification, a designated bike lane is shown. The other street types are configured such that in-lane bicycle travel is encouraged and appropriate.
   3. 3.
      The Major Urban section has the potential for transit-rail as an option. These are shared lane configurations and allow rail lines to be added in the future.
   4. 4.
      Dooryards and Alleys are generally reserved for utility easements.
3. C.
   Street Configuration Adjustments

   1. 1.
      The preferred street types are shown on the FBC Typical Street Sections Map. Deviations from this configuration will be approved only where there is significant hardship. Changes in the street section within a block are not recommended but may be approved where the transition from one type to another can be handled smoothly and a significant hardship is demonstrated.  In such cases, the travel lanes shall be the one fixed element that is consistent for the length of any given block so that travel lanes do not jog or change width except where necessary to accommodate turning lanes at major intersections. Where possible, the existing street centerline shall be maintained as the center of any expanded or reconstructed street.
   2. 2.
      The following street plans and sections show the preferred configuration of each street type but the variations listed below may be approved by the staff provided that adequate justification is demonstrated:

      1. a.
         ​​Travel lanes may vary from 10 feet in width to 13 feet, with a preferred width of 11-1/2 feet.
      2. b.
         The angle for angled parking shall be 45 degrees.  However, 60 degree angled parking may be allowed subject to the granting of a deviation.
      3. c.
         Adjacent to buildings with ground floor commercial space, sidewalks may vary in width from 8 feet to 15 feet. ​Sidewalks may be reduced to 6 feet in width if the dooryard is at least 3 feet in width and is predominantly paved. The preferred tree lawn width is 6 feet, but can be reduced by up to 2 feet subject to administrative review, or eliminated if landscaped islands (including trees) are located in the parking area at least every 76 feet.
      4. d.
         Adjacent to buildings with ground floor residential space, sidewalks may vary in width from 6 feet to 15 feet.  The tree lawn area can vary from 6 feet to 9 feet, and may be located adjacent to the right- of-way line (instead of adjacent to the parking curb) so that it can be visually combined with a landscaped dooryard area. The tree lawn area can be reduced or eliminated if landscaped islands (including trees) are located in the parking area at least every 76 feet.
      5. e.
         Where a turn lane is required, the parking on one side of the street may be eliminated (preferably on the upstream side of the intersection) or parking on both sides of the street may be converted from angled to parallel.
      6. f.
         Utilities that are being relocated should be under the parking portion of the cross-section in the 8 to 10 feet nearest the travel lanes, although other locations may be approved administratively.
      7. g.
         Curb returns shall be 15 feet except when a larger curb return is required to accommodate existing or proposed bus routes.  

DFD 503.e & 503.f Alley A-30/24
Private Alley A-30/24

DFD 503.g 75th Street

Effective on: 1/1/1901

DFD 504. Streetscape Standards

1. A.
   General Provisions

   1. 1.
      All plant material (including trees) shall pass any inspections required under State regulations.
   2. 2.
      All turf grass shall be solidly sodded at installation—not seeded, sprigged, or plugged. Vegetative groundcovers may be used in place of turf grass as approved by the Plan Review Committee.
   3. 3.
      In addition to the lot, the owner must maintain the following areas:

      1. a.
         The portion of the Street-Space between their RBL and the back of the curb.
      2. b.
         The portion of the Alley between the lot line and the edge of the Alley pavement.
   4. 4.
      Mechanical and electrical equipment including, but not limited to, air compressors, pumps, exterior water heaters, water softeners, private garbage cans (not including public sidewalk waste bins), and storage tanks may not be stored or located within any Street-Space. (Temporary placement of private garbage cans within the Street-Space may be allowed to accommodate scheduled pick-up.)
   5. 5.
      Code provisions are not applicable to median locations.
2. B.
   Street Trees

   1. 1.
      Each Street-Space must have Street Trees planted along the Street Tree Alignment Line (generally 3 to 3^1/2 feet from the back of the curb unless otherwise specified in the Regulating Plan or Street Type Specification) at an average spacing not greater than 30 feet on center (calculated per Block Face). Where necessary, spacing allowances may be made to accommodate curb cuts, fire hydrants and other infrastructure elements; however, at no location may Street Tree spacing exceed 45 feet on center except where necessary for transit stops or stations. Required Street Tree planting area configurations are specified in the Street Type Specifications and below.
   2. 2.
      Required tree planting area minimum specifications are as follows:

      1. a.
         Street Tree planting areas shall be at grade or not greater than 6 inches in height above or below the sidewalk.

         1. i.
            Soil surface area shall not be less than 110 square feet per isolated tree or 90 square feet per tree for connected (Tree Lawn) situations.
         2. ii.
            No dimension of the soil surface area may be less than 6 feet unless otherwise specified in this Code.
         3. iii.
            The Street Type Specifications above are configured for street tree trenches. The above requirements may be met through the use of bridged slab, structural soil, or other techniques that clearly exceed these standards in the fostering of vital and long-lived Street Trees.
      2. b.
         At planting, Street Trees shall be at least 2.5 inches in diameter at designated breast height (DBH) and at least 10 feet in overall height. Species must be selected from the street tree list (see Section 507. Tree Lists). Consult with the City Forester for the designated tree species for a particular Street-Space.
      3. c.
         Any unpaved ground area shall be planted with groundcover, flowering vegetation, or climbing vines, not to exceed 12 inches in height. Street Trees must be “limbed up” as they gain appropriate maturity so as to not interfere with pedestrian or truck travel (minimum 7 feet clear over the sidewalk and 14 feet over any travel lanes) and to maintain visibility.

DFD 504.B.2.a(i)
Connected Situation	Isolated Tree Situation
90 square feet minimum per tree Continuous Tree Lawn                         Continuous Soil Area	110 square feet minimum per tree Individual Tree Planting

3. C.
   Streetscape Elements

   1. 1.
      At the time of development, the developer is required to install Streetlights and sidewalks on the side of the Street-Space being developed.
   2. 2.
      Streetlighting shall be installed that meets the lighting requirements for illuminance according to the City of Overland Park Streetlighting Resolution. All streetlight poles and fixtures shall be as provided for in the Overland Park Approved Materials List, on record at City Hall, as indicated for Vision Metcalf.
   3. 3.
      The configuration of streetlighting poles will be based on the street designation.

      1. a.
         For streets designated Major Urban, streetlights shall generally be installed in the median, where a median exists. Where a median does not exist, the placement of poles shall be on the side of the street and coordinated with the location of both overhead and underground utilities.
      2. b.
         For all other street designations, streetlight poles shall be a pedestrian scale and will generally be installed on either one or both sides of the street depending on street width. The placement of street trees shall be coordinated with the location of streetlights such that trees are not placed any closer than 15 feet from any streetlight.
   4. 4.
      Sidewalks not otherwise designated in the Regulating Plan or Street Type Specifications shall be a minimum of 6 feet wide and be constructed to meet all City (and ADA) standards and specifications.
   5. 5.
      Street furniture is an element of the overall Street-Space design – not an afterthought. Street furnishings should be simple, functional, and durable.

4. D.
   On-Street Parking

   1. 1.
      On-street parking spaces shall count towards parking requirements. (See Part 7. Parking and Loading Standards.)
   2. 2.
      The parking space/tree planting pattern may be interrupted by existing or new driveways designated in the Regulating Plan, streets, and Alleys, but spacing shall not exceed 45 feet on center except where necessary for transit stops or stations.
   3. 3.
      Parking spaces must be constructed in a manner that allows proper drainage (generally a “w” profile, having a gutter pan between the travel and parking lanes).
   4. 4.
      Bicycle parking shall be provided forward of the Dooryard area, the racks shall be located in alignment with the Street Trees. (The “U” rack is recommended as the standard rack.)

Effective on: 1/1/1901

DFD 505. Squares and Civic Greens

1. A.
   Intent

   1. 1.
      These standards apply to those spaces that are either publicly owned or publicly accessible, as designated on the Regulating Plan.
   2. 2.
      Squares, Civic Greens and plazas should be situated at prominent locations and should be dedicated to important events or citizens. The green plants and trees of Squares and Civic Greens provide a landscape and civic architecture that complement the surrounding private building architecture.
   3. 3.
      Squares are active pedestrian centers. Civic Greens are spaces intended for less intensive foot traffic. Surface treatment is regulated accordingly.
   4. 4.
      Pervious paving materials (to allow oxygen for tree roots and absorb stormwater run-off) are encouraged in both Squares and civic Greens, and the percentage of impervious paving material is limited. (see Section 505.C. Materials and Configurations)
2. B.
   Standards
   Squares and Civic Greens must be designed, planted and maintained according to the following requirements:

   1. 1.
      Squares and Civic Greens shall have at least 60% of their perimeter fronting public rights-of-way. Both shall be surrounded by Street Trees. Their dimensions shall be no narrower than a 1:5 ratio and no Square or Civic Green width or breadth dimension shall be less than 25 feet.
   2. 2.
      Appropriate to their high (pedestrian) traffic level Squares must be designed with a higher percentage of paved surface area. (see Section 505.C.2 Squares below)
   3. 3.
      A clear view through the Square or Civic Green (from 2 to 7 feet in height) is required, both for safety and urban design purposes.
   4. 4.
      Squares and Civic Greens shall not include active recreation structures such as ball fields and courts.
3. C.
   Materials and Configurations

   1. 1.
      General

      1. a.
         Street Trees shall be planted along the alignment shown in the street type specification, and in accordance with Section DFD 504, B. Street Trees. They may (generally will) be of a different species than the connecting streets.
      2. b.
         The ground surface level elevation shall be between 0 and 18 inches above the top of the adjacent curb.
      3. c.
         The maximum slope across any Square or Civic Green shall not exceed 10%.
      4. d.
         Except for tree trunks, streetlights, Civic Use Buildings, public art or monuments, there shall be a clear view between two and seven feet above grade. The foliage of newly planted trees may intrude into this area until the tree has sufficient growth to allow such a clear trunk height.
      5. e.
         Trees within a Square or Civic Green may also be selected from the public space tree lists (see Section DFD 507. Tree Lists).
      6. f.
         Asphalt is prohibited within a Square or Civic Green tract.
   2. 2.
      Squares

      Appropriate to their high (pedestrian) traffic level, Squares shall incorporate a higher percentage of paved surface area. Surface treatment and materials (within the back-of-curb to back-of-curb area, excluding any Civic Use Building, public art or monument footprint) shall be between 20% and 35% unpaved pervious surface (turf, groundcover, gravel, soil or mulch).

   3. 3.
      Civic Greens
      

      Appropriate to their less intensive character, Civic Greens shall be designed with a lower percentage of paved surface area. Surface treatment and materials (within the area back-of-curb to back-of-curb area excluding any Civic Use Building, public art or monument footprint) shall be a minimum 50% unpaved pervious surface area (such as turf, groundcover, gravel, soil or mulch).

   4. 4.
      Pedestrian Pathway

      The area within a Pedestrian Pathway shall be a public access easement or public right-of-way. The easement width for these pathways must not be less than 20 feet with a paved walkway not less than 10 feet wide providing an unobstructed view straight through its entire length, except where otherwise specified on the Regulating Plan.

Effective on: 1/1/1901

DFD 506. Private Open Area

1. A.
   At least 1 tree per 800 square feet of any at-grade required Private Open Area shall be planted in the rear lot area and located no closer than 5 feet to any Common Lot Line. Exceptions: General Urban, General Storefront and Workshop frontages; and sites that are reusing existing structures with no ground level open area are exempt from this requirement.
2. B.
   Trees must be at least 2 inches in diameter at DBH and 8 feet in overall height (at time of planting). Species must be selected from a list approved by the City Forester (see Section 507. Tree Lists.)

Effective on: 1/1/1901

DFD 507. Tree Lists

1. A.
   General

   1. 1.
      The following lists contain all approved tree species for use in a Form District. The lists include native and acceptable adapted species. Other species may be used for planting within a private lot. These lists may be periodically amended by the City Forester.
   2. 2.
      Invasive exotic species may not be used anywhere on private lots or other areas.
2. B.
   Street Trees

   1. 1.
      Species in the Street Tree List are for placement as shown in Street Type Specifications, or as specified in the regulating plan for placement along the Street Tree Alignment Line. The use of alternate species may be permitted, but only if approved by the City Forester.
   2. 2.
      Street Trees are part of an overall Street-Space plan designed to provide both canopy and shade and to give special character and coherence to each street. The desired aesthetic must be achieved through the use of native and/or proven hardy adapted species. Appropriate Street Tree species may grow and change over time and these lists may be periodically amended by the City Forester. Inclusion in this list shall be based on the following criteria:

      1. a.
         Structural – Street Trees shape and subdivide the Street-Space, increasing pedestrian comfort and adding (literal) value to the street/community. “Canopy Shade Tree” species grow to heights in excess of 50 feet and have a broad canopy—enabling them to clear auto traffic and pedestrians, form a ceiling-like enclosure, and open a clear view of the Street-Space, Façades, and Shopfronts at eye-level.
      2. b.
         Design – Species are planted consistently along a given Street-Space to provide a special form and character. This provides species diversity at the same time it provides a specific street character by planting different Street-Spaces with different trees.
      3. c.
         Street Tree List

         (Large Canopy Trees – mature height 60 feet and above)

4. 4.
   Public Space Trees - in addition to the Street Trees, the following trees may be placed within Dooryards, Squares or Civic Greens.

Effective on: 1/1/1901

DFD 601. Intent

1. A.
   These architectural standards establish basic parameters regarding functional building element configuration and palettes for building materials.
2. B.
   The architectural standards serve to establish a coherent character and encourage a high caliber, lasting quality of development. Buildings shall be reviewed by the Director to verify that they meet the architectural standards (as well as the balance of this Code). The Director may also work with the developer or designer to show them how to work within these requirements.
3. C.
   In order to establish and maintain a sense of place, these standards specify an architectural aesthetic of load-bearing walls and regional materials. Buildings should reflect and complement the traditional materials and techniques of Overland Park. The standards also specify details, such as window proportions, roof or cornice configurations, Shopfronts, and overhangs.

Effective on: 1/1/1901

DFD 602. General Principles

1. A.
   All building materials to be used shall express their fundamental properties. For example, stronger and heavier materials (masonry) support lighter materials (wood).
2. B.
   Equivalent or Better.

   1. 1.
      While only materials, techniques, and product types prescribed here are allowed, equivalent or better practices and products are encouraged. They may be submitted to the Director for review. The Director is authorized to approve alternative materials and methods if they maintain the intent of these standards.
   2. 2.
      Additional products may be added to the list through a text amendment (administration) to this Code or may be allowed on a case by case basis through a modification approved in accordance with Part 2, Administration, Application Process & Appeals.
3. C.
   Where Clearly Visible from the Street-Space.

   1. 1.
      Many of these standards apply only in conditions Where Clearly Visible From The Street-Space. Note that the definition of Street-Space includes parks, Plazas, Squares, and Civic Greens but not Alleys.
   2. 2.
      These controls therefore concentrate on the public space/views from the public space and minimize interference in the private realm. For example, an architectural element that is visible only through an opening in a Street Wall is not clearly visible from the street-space. A building element that is more than 40 feet behind the Required Building Line does not meet the definition of Where Clearly Visible From The Street-Space.
4. D.
   Murals and Art Installations

   1. 1.
      Murals and art installations approved through the Public Art Master Plan process are exempt from the requirements of the DFD.
   2. 2.
      Proposed murals and art installations independent of the Public Art Master Plan shall be reviewed as part of the building design unless approved as a sign. 

DFD 602 General Principles

Effective on: 1/1/1901

DFD 603. Building Walls

1. A.
   Applicability 
   Where Clearly Visible From The Street-Space.
2. B.
   Intent

Building walls should define the public realm - the street-space. All walls should express the construction techniques and structural constraints of traditional, long-lasting, building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and the articulation of details.

 

The illustrations and statements of Subsection B. Intent, are advisory only. Refer to the Code standards on the following page for the specific prescriptions of this section.

 

DFD 603 Building Walls

 

3. C.
   Primary Façade Materials, General, Townhouse/Small Apartment & Workshop Buildings
   Primary building materials for general and workshop buildings shall be used on a minimum of 75% of the first and second floor façade surface area and 40% of the upper floor surface area (minus Fenestration). For Townhome/Small Apartment, the primary building materials shall be used on a minimum of 40% of the façade surface area (minus Fenestration).

   1. 1.
      Brick

      1. a.
         Ground-floor brick shall be clay brick with a nominal 4” depth.
      2. b.
         Brick above the ground floor may have variable thickness.
   2. 2.
      Natural Stone (or Integrally-colored synthetic, equivalent or better)
4. D.
   Primary Façade Materials, Detached and Secondary Materials, General, Townhouse/Small Apartment & Workshop
   These building materials shall be used on a minimum of 75% of the façade surface area (minus fenestration) on  Detached buildings. They may also be used on General, Townhome/Small Apartment and Workshop buildings.

   1. 1.
      All materials allowed in Section 603.C.1 above.
   2. 2.
      Stucco (cement plaster).
   3. 3.
      Fiber Cement Siding.
   4. 4.
      Wood.
5. E.
   Accent Materials, General, Townhouse/Small Apartment, Detached and Workshop Buildings
   Accent materials shall be used on a maximum of 25% of the façade surface area (minus Fenestration).

   1. 1.
      All materials allowed in Sections 603.C.1 and 603.D above.
   2. 2.
      Metal (second Story and above).
   3. 3.
      Glass block or integrally colored Ground- or Split-faced block.
   4. 4.
      Decorative tile.
   5. 5.
      Pre-cast masonry.
   6. 6.
      EIFS (above second Story).
   7. 7.
      Synthetic materials as approved by the Director.
6. F.
   Configurations and Techniques

   1. 1.
      Walls

      1. a.
         Wall openings (Fenestration): the horizontal dimension of the opening shall not exceed the vertical dimension except where otherwise prescribed in this Code (no more squat than square).
      2. b.
         Wall openings (Fenestration) shall not span vertically more than one Story.
      3. c.
         Wall openings (Fenestration) shall correspond to the interior space and shall not span across building structure such as floor structural and mechanical thickness.
      4. d.
         Material changes shall be made with appropriate construction details for each abutting material—as where an addition (of a different material) is built onto the original building.
   2. 2.
      Wood Siding and Wood Simulation Materials

      1. a.
         Siding shall be in a lap (horizontal) configuration.
      2. b.
         Siding shall be smooth or rough-sawn finish.
   3. 3.
      Brick, Block and Stone

      All masonry shall be appropriately detailed and in load-bearing configurations commensurate with Overland Park traditions. See the Overland Park Architectural Design Standards for details.

   4. 4.
      Stucco (cementitious finish)

      1. a.
         Finish coat may have a smooth, sand, or rough finish.
      2. b.
         Stucco shall not come in contact with the ground surface.

Effective on: 1/1/1901

DFD 604. Roofs and Parapets

1. A.
   Applicability

Where clearly visible from the street-space.

2. B.
   Intent

Roofs and parapets should demonstrate common-sense recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual coherence to the district. Roof forms are not interchangeable. The roof type is integral to the design of the building and its architectural character.

The slope of a pitched roof is determined by local climatic conditions (such as the ability to shed snow loads) and physical properties of the roofing material. Roof types that have overhanging eaves, such as gabled or hipped roofs, should be of a dimension suitable for sun shade.

Parapets are low guarding walls at the edge of roofs (usually flat) and are formed by extensions of the building facades.

Cornices are crowning (trim) projections on a parapet wall. While the code requires certain horizontal projection parameters, these elements should be designed to be appropriate for the style of the building and proportionate for the dimensions of the façade.

The illustrations and statements of subsection B. Intent, are advisory only. Refer to the Code standards on the following page for the specific prescriptions of this section.

DFD 604 Roofs and Parapets
		Example: Overhang Requirement

3. C.
   Materials
   Only the following materials are permitted:

   1. 1.
      Clay or concrete (faux clay).
   2. 2.
      Tile (beavertail or flat roman).
   3. 3.
      Slate (and equivalent synthetic or better).
   4. 4.
      Metal (standing seam, equivalent or better).
   5. 5.
      Dimensional Architectural Grade composition shingles.
   6. 6.
      Cornices and soffits may be a combination of wood, vinyl, and/or metal.
   7. 7.
      Gutters and downspouts may be vinyl, and/or metal in accordance with industry standards.
4. D.
   Configurations and Techniques
   The following configurations and techniques are permitted.

   1. 1.
      Parapet Roofs Allowed for General Storefront, General Urban, Workshop, and Townhouse/Small Apartment frontage sites where the roof material is not visible from any adjacent Street-Space.

      1. a.
         An additional three feet in height by 12 feet in width or 15% of the façade, whichever is greater, is permitted for a section of the parapet to emphasize the building’s primary street entry or a block corner.
   2. 2.
      Pitched Roofs Pitch (exclusive of roofs behind parapet walls):Simple hip and gable roofs shall be pitched between 5:12 and 10:12.

      1. a.
         Shed roofs, attached to the main structure, shall be pitched between 3:12 and 8:12.
   3. 3.
      Overhang Requirements

      1. a.
         Eaves shall overhang 18 to 30 inches on the primary structure for the initial four stories. For each additional story; 4 inches shall be added to the minimum and 12 inches shall be added to the maximum, up to a maximum projection of six feet.
      2. b.
         Eaves and rakes on accessory buildings, dormers, and other smaller structures shall overhang at least 8 inches.
      3. c.
         Timber eaves and balcony brackets shall be a minimum of 4 inches by 4 inches in dimension.
   4. 4.
      Cornices and Other Features

      1. a.
         Buildings without visible (pitched) roof surfaces and overhanging eaves may satisfy the overhang requirement with a cornice or similar form projecting from the top of the building wall horizontally between 6 and 12 inches beyond the building walls on the primary structure for the initial four Stories. For each additional Story, three inches shall be added to the minimum and 12 inches shall be added to the maximum, up to a maximum projection of 5 feet.
      2. b.
         Skylights and roof vents are permitted only on the roof plane opposite the Street-Space (or Required Building Line) or when shielded from Street-Space view by the building’s parapet wall.

Effective on: 1/1/1901

DFD 605. Street Walls and Garden Walls

1. A.

   Applicability
   Where clearly visible from the street-space.

2. B.

   Intent

   Property lines are physically defined by buildings, walls, or fences. Land should be clearly public or private—in public view and under surveillance or private and protected.

    

   Street walls and garden walls establish a clear edge to the street-space where the buildings do not. These requirements include masonry walls that define outdoor spaces and separate the street-space from the private realm (e.g. parking lots, trash cans, gardens, and equipment). All street wall and garden wall faces shall be as carefully designed as the building façade, with the finished side out (i.e. the “better” side facing the street-space).

    

   A street wall is a masonry wall set back not more than 12 inches from the required building line or adjacent building façade and built to the height specified in the building envelope standards.

    

   The illustrations and statements of subsection B. Intent, are advisory only. Refer to the Code standards on the following page for the specific prescriptions of this section.​

DFD 605 Street Walls and Garden Walls

3. C.
   Materials
   Only the following materials are permitted:

   1. 1.
      Native/regional stone and equivalent or better imitation stone.
   2. 2.
      Metal (wrought iron, welded steel and/or electro-statically plated black aluminum) - may be used for gates.
   3. 3.
      Brick.
   4. 4.
      Stucco on concrete block or poured concrete (only when a brick or stone coping is provided).
   5. 5.
      A combination of materials (e.g. stone piers with brick infill panels).
   6. 6.
      Wood - may be used only for gates.
4. D.
   Configurations and Techniques
   The following configurations and techniques are permitted.

   1. 1.
      Street Walls along any unbuilt required building line shall be built to the height and length specified in the Building Envelope Standard.
   2. 2.
      Metal work may additionally be treated to imitate a copper patina.
   3. 3.
      Copings shall project between 1 inch and 4 inches from the face of the Street Wall.
   4. 4.
      Street Walls and Garden Walls taller than 4 feet shall be subject to the Fenestration requirements of their BES frontage.

Effective on: 1/1/1901

DFD 606. Windows and Doors

1. A.
   Applicability
   Where Clearly Visible From The Street-Space.
2. B.
   Intent

The placement, type, and size of windows and doors on the Facade largely establishes the scale and vitality of the Street-Space. For commercial buildings, they allow interplay between the shop interiors and the Street-Space. Commercial uses (especially restaurants and retail establishments) benefit from exposure to the passers-by and the Street-Space benefits from the visual activity.

For residences, they form the “eyes on the street” surveillance which provides for the security and safety for the area.

Windows should be divided by multiple panes of glass. This helps the window hold the surface of the Façade, rather than appearing like a “hole” in the wall (an effect produced by a large single sheet of glass).

The illustrations and statements of subsection B. Intent, are advisory only. Refer to the Code standards on the following page for the specific prescriptions of this section.

DFD 606 Windows and Doors
In commerce frontages, the public space of the street-space and the interior space of the storefront intermingle. For residential frontages the interior space should not intermingle with the street-space but rather overlook it and provide surveillance.

3. C.
   Materials
   Only the following materials are permitted:

   1. 1.
      Window frames shall be of anodized aluminum, wood, clad wood, vinyl, or steel.
   2. 2.
      Window glass shall be clear, with light transmission at the Ground Story at least 90% and for the upper Stories at least 75 percent (modification as necessary to meet any applicable building and energy code requirements). Specialty windows (one per Façade maximum) may utilize stained or opalescent glass, or glass block.
   3. 3.
      Window screens shall be black or gray.
   4. 4.
      Screen frames shall match the window frame material or be dark anodized.
   5. 5.
      Doors shall be of wood, clad wood, or steel and may include glass panes.
   6. 6.
      Shutter materials may be painted wood or clad wood.
4. D.
   Configurations and Techniques
   The following configurations and techniques are permitted:

   1. 1.
      All Windows - The following requirements apply to all windows:

      1. a.
         The horizontal dimension of the opening may not exceed the vertical dimension except where otherwise prescribed in this Code (no more squat than square).
      2. b.
         Windows may be ganged horizontally if each grouping (maximum 5 per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide.
      3. c.
         Windows (not doors) may be no closer than 30 inches to Building Corners (excluding Bay Windows and Shopfronts).
      4. d.
         Exterior shutters, if applied, shall be sized and mounted appropriately for the window (one-half the width), even if inoperable.
      5. e.
         Window panes shall be recessed behind the wall surface a minimum of 3 inches, except for Bay Windows and Shopfronts.
      6. f.
         Snap-in mullions and muntins are permitted but not considered in any proportion calculation/ measurement.
   2. 2.
      Upper-Story Windows - The following requirements apply to all upper-Story windows:

      1. a.
         Windows may be double-hung, single-hung, awning, or casement windows.
      2. b.
         Fixed windows are permitted as follows:

         1. i.
            Residential buildings/floors: panes of glass no larger than 42” vertical by 30” horizontal.
         2. ii.
            The maximum pane size for office uses is 60” vertical by 48” horizontal.
         3. iii.
            Egress windows may be installed as required by the appropriate building code.
   3. 3.
      Shopfront Windows - The following apply to Shopfront (Ground Story) windows and doors:

      1. a.
         Single panes of glass shall not be permitted larger than 10 feet in height by 5 feet in width.
      2. b.
         Ground Story windows may not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space). (See Section DFD 607. Signage) A minimum of 80% of the window surface shall allow a view into the building interior for a depth of at least 15 feet.
      3. c.
         Shopfronts may extend up to 24 inches beyond the façade or RBL into the Dooryard.
   4. 4.
      Doors

      1. a.
         Double-height entryways (those that span more than one story) shall not be permitted.
      2. b.
         Doors shall not be recessed more than 3 feet behind the Façade or their Shopfronts and, in any case, shall have a clear view and path to a 45-degree angle past the perpendicular from each side of the door into the Street-Space.

Effective on: 1/1/1901

DFD 607. Signage

1. A.
   Applicability
   Where clearly visible from the street-space. Applicants must obtain all required sign permits prior to installation.
2. B.
   Intent
   Signs along commercial frontages should be clear, informative to the public and durable.
   Signs should be scaled and detailed for this mixed use, pedestrian-oriented area and not for high speed automobile traffic.
   Signage that is glaring or too large creates distraction, intrudes into or lessens the urban experience, and creates visual clutter.
3. C.
   Requirements
   Refer to Section 18.440 of the Unified Development Ordinance for specific signage requirements.

The illustrations and statements of subsection B. Intent, are advisory only. Refer to the Code standards on the following page for the specific prescriptions of this section.

DFD 607 Signage

Effective on: 1/1/1901

DFD 608. Lighting & Mechanical Equipment

1. A.
   Applicability
   District wide, except: these standards do not apply to Metcalf Avenue and 75th Streets.
2. B.
   Intent
   Appropriate lighting is desirable for night-time visibility, crime deterrence, and decoration. However, lighting that is too bright or intense creates glare, hinders night vision, and creates light pollution. Every attempt should be made to preserve the ambiance of the night by applying the appropriate fixtures in the correct locations. Streetlighting should occur along all streets providing the appropriate illumination according to the City Streetlighting Resolution. All materials and equipment chosen for lighting fixtures should be durable to age well without demanding maintenance requirements.
   
   Mechanical equipment is generally any heating, ventilation, and air conditioning (HVAC) or electrical machinery but also includes air compressors, hoods, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, and similar elements. These elements should not be located in any public areas or be visible from the street. Mechanical equipment should not detract or interfere with the pedestrian space or sight triangle.

The illustrations and statements of subsection B. Intent, are advisory only. Refer to the Code standards on the following page for the specific prescriptions of this section.

DFD 608 Lighting & Mechanical Equipment
		​The illustrations below are examples of mechanical equipment arrangements that are only acceptable away from and/or not visible from a street-space (e.g. within an alley or hidden from view).   Not permitted within the STREET-SPACE
		Not permitted within the STREET-SPACE
		Not permitted within the STREET-SPACE

3. C.
   Lighting

   1. 1.
      The configuration of streetlighting poles will be based on the street designation.

      1. a.
         For streets designated Major Urban, streetlights shall generally be installed in the median, where a median exists. Where a median does not exist, the placement of poles shall be on the side of the street and coordinated with the location of both overhead and underground utilities.
      2. b.
         For all other street designations, streetlight poles shall be a pedestrian scale and will generally be installed on either one or both sides of the street depending on street width. The placement of street trees shall be coordinated with the location of streetlights such that trees are not placed any closer than 15 feet from any streetlight.
   2. 2.
      At the front of the building, exterior lights shall be mounted between 6 feet and 14 feet above the adjacent grade, or as approved by the Director.
   3. 3.
      All lots with Alleys shall have lighting fixtures within five feet of the Alley. These fixtures shall illuminate the Alley and not cause glare in adjacent lots.
   4. 4.
      Lighting elements shall be specified that provide a more natural spectrum of light such as LED, metal halide, halogen. Low pressure sodium lamps are not allowed. Fluorescent lights (except compact fluorescent bulbs that screw into standard sockets) shall not be used on the exterior of buildings. These standards may be updated by the Director as technologies advance and produce additional Equivalent or Better lighting elements.  See 18.435.
   5. 5.
      Security lights may be used to illuminate Alleys, parking garages and working (maintenance) areas, but shall be shielded in such a way that they do not shine into other lots, the Street-Space, or direct light out of the FBC district.
   6. 6.
      Flood or uplighting may not be used to illuminate private building walls. Accent lighting may be permitted on Civic Use Buildings, historic buildings, or monuments to highlight architectural features (such as church steeples or courthouse domes).
   7. 7.
      Site lighting shall be of a design and height and be located as to illuminate only the lot. An exterior lighting plan shall be approved as consistent with these standards by the Director.
   8. 8.
      Flashing, traveling, animated, or intermittent lighting shall not be mounted on the exterior of any building whether such lighting is of temporary or long-term duration.
   9. 9.
      Lighting for parking garages shall consider Crime Prevention Through Environmental Design (CPTED) intent.
   10. 10.
       Holiday Lighting is exempt.
4. D.
   Mechanical Equipment

   1. 1.
      The following shall be placed behind and away from any Required Building Line, may not be stored or located within any Street-Space, and shall be screened from view from the Street-Space: air compressors, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, and similar equipment.
   2. 2.
      The following shall be screened from pedestrian-level view (5 feet above paved surface) from the Alley or Common Drive: air compressors, mechanical pumps, exterior water heaters, water softeners, garbage cans, storage tanks, and similar equipment.
   3. 3.
      Roof-mounted equipment shall be placed behind and away from any Required Building Line and be screened from view from the Street-Space.

Effective on: 1/1/1901

DFD 701. Intent

1. A.
   Promote a “park once” environment that will enable people to conveniently park and access a variety of commercial, residential, and civic enterprises in pedestrian friendly environments by encouraging shared parking.
2. B.
   Reduce fragmented, uncoordinated, inefficient, reserved single-purpose parking.
3. C.
   Avoid adverse parking impacts on neighborhoods adjacent to redevelopment areas.
4. D.
   Maximize on-street parking.
5. E.
   Provide flexibility for redevelopment of small sites and for the preservation of historic buildings.
6. F.
   Increase visibility and accessibility of public parking.
7. G.
   Promote early prototype projects using flexible and creative incentives.

Effective on: 1/1/1901

DFD 702. Other Applicable Regulations

Pervious surfaces approved by the City Engineer are encouraged for surface parking lots.

Effective on: 1/1/1901

DFD 703. Minimum Parking Requirements

1. A.
   Reserved Parking: Reserved parking includes all parking that is not shared parking.

   1. 1.
      Commerce/Workshop/Civic: There is no requirement (minimum) for reserved parking.
   2. 2.
      Residential: A minimum of one parking space per residential unit shall be provided.
2. B.
   Shared Parking:

   1. 1.
      Commerce/Workshop: There are no minimum shared parking requirements where the non-residential Gross Floor Area (GFA) is under 10,000 square feet. Sites over 10,000 square feet in non-residential GFA shall have a minimum of 1 and 1/4 spaces per 1,000 square feet of nonresidential GFA provided as shared parking.
   2. 2.
      Residential: A minimum of 1/4 parking space per residential unit shall be provided as shared parking.
   3. 3.
      Shared parking shall be designated by appropriate signage and markings (parking shall be clearly visible and accessible to the public) as determined by the Director.
3. C.
   Achieving parking requirements:

   1. 1.
      These parking requirements may be met either on-site or within a 1,300 foot walking distance of the building entrance of a development.
   2. 2.
      Parking shall be located in compliance with the parking setback/ regulations for the site on which it is located, as indicated on the Regulating Plan and/or Building Envelopment Standard.
4. D.
   Bicycle Parking: sites and/or projects over 10,000 square feet in land area have the following requirements:

   1. 1.
      For commerce, the developer must provide two bicycle parking racks (2- bike capacity) per 10,000 square feet of commercial floor area.
   2. 2.
      For residential, the developer must provide one bicycle parking rack (2- bike capacity) per 10 units. Projects under 10 units shall have no requirement.
   3. 3.
      Bicycle parking facilities shall be visible to intended users. The bicycle parking facilities shall not encroach on any area in the public right-of-way intended for use by pedestrians, nor shall they encroach on any required fire egress.
   4. 4.
      On-street bicycle parking spaces (typically along the Street Tree Alignment Line) may be counted toward the minimum customer/ visitor bicycle parking requirement.
5. E.
   Permissive parking and loading facilities: Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, in accordance with all regulations herein governing the location, design, and operation of such facilities.
6. F.
   Areas exempt from off-street parking requirements. No off-street parking shall be required for development which occurs in the Form District and is located contiguous with and fronting Santa Fe Drive between 79th and 80th streets.

Effective on: 1/1/1901

DFD 704. Maximum Parking Standards

1. A.
   Reserved Parking

   Surface and structured parking spaces may be reserved for a specific tenant or unit, provided that the following standards are not exceeded:

2. B.
   Shared Parking Limits

   1. 1.
      Any time or hour of the day restrictions on shared parking shall be subject to approval by the Director. The Director may give approval based on a finding that: the parking is visible and accessible to the public, at least 12 hours of public parking are provided in any 24-hour period, and that at least 8 of those hours are provided during either business or nighttime hours depending on whether the Director determines that the primary use will be for Commerce or Residential uses.
   2. 2.
      There are no maximum limits on the amount of shared parking.
3. C.
   Maximum Surface Parking (refer to DFD Parking Map)

   1. 1.
      Within the Core, the total surface parking, shared and reserved, shall not exceed 2 and 1/4 spaces per 1,000 square feet of gross floor area. Outside the Core, the total surface parking shall not exceed 3 per 1,000.
   2. 2.
      Maximum surface parking standards do not apply to structured or underground parking.
   3. 3.
      Increased Parking - the Planning Commission may increase the required parking after considering documentation and/or study provided by the applicant, staff’s recommendation and giving decisive weight to all relevant facts. These include but not limited to the following factors: existing or potential shared parking arrangements; the characteristics of the use, including hours of operation and peak parking demands; design and maintenance of off-street parking that will be provided; and whether the proposed use is new or a small addition to an existing use.

Effective on: 1/1/1901

DFD 705. Special Parking Standards

1. A.
   Joint Parking

   Sites abutting one another shall physically connect their surface parking areas at the lot line to create connecting drive aisles. Where such surface parking areas lie within 50 feet of one another, a mutual access easement acceptable to the Director shall be executed. Site configurations existing pre-Code (2010) are exempt from this requirement.

2. B.
   On-Street Parking

   1. 1.
      A parking space located on a public street may be included in the calculation of shared parking requirements if it is adjacent to the building site (where more than 50% of the space is fronting).
   2. 2.
      Each on-street parking space may only be counted once.
3. C.
   Off-Site Parking

   1. 1.
      Off-site parking must be located within a walking distance of 1,300 feet walking distance from the building entrance of the site it is serving.
   2. 2.
      The off-site parking shall be located within the Form District.
   3. 3.
      The off-site parking must be the subject of a long-term lease approved as to form by the City Attorney, or permanently dedicated for off-site parking use.
4. D.
   Tandem Parking

   1. 1.
      Tandem parking is only allowed for:

      1. a.
         Single-family residential projects; and
      2. b.
         Multifamily projects and the residential component of mixed use projects.
   2. 2.
      Two parking spaces in tandem shall have a combined minimum dimension of 9 feet in width by 34 feet in length.
   3. 3.
      Up to 75% of the total required off-street parking spaces provided may incorporate tandem parking.
   4. 4.
      Tandem spaces shall be assigned to the same dwelling unit. Tandem parking shall not be used to provide guest parking.

Effective on: 1/1/1901

DFD 706. Surface Parking Lot Plantings for New Development

1. A.
   The edge of any surface parking lot adjacent to a Street-Space shall be planted with canopy shade trees from the Tree Lists in Part Part 5. Urban Space Standards, placed at an average distance not to exceed 30 feet on center and aligned parallel 3 to 7 feet behind the RBL/Street Wall.
2. B.
   The edge of any surface parking lot adjacent to a single family residential (detached or attached) lot shall be planted with canopy shade trees from the Tree Lists in Part Part 5. Urban Space Standards, placed at an average distance not to exceed 40 feet on center and aligned parallel 3 to 7 feet behind the common lot line.
3. C.
   Edges along a Common Lot Line shall have a Street Wall, Garden Wall or Privacy Fence.

Effective on: 1/1/1901

DFD 707. Loading Facilities

1. A.
   No loading facilities are required.
2. B.
   Where loading facilities are provided, they shall be located to the rear and Alley or Common Drive side of buildings.

Effective on: 1/1/1901

DFD 801. General Provisions

1. A.
   Permitted Use

   Uses are grouped into categories in DFD 802. Use Table. Permitted uses by Building Envelope Standard frontage and building story are shown. See DFD 804. Development and Performance Standards for any additional specific standards for individual uses.

2. B.
   Use Determination

   1. 1.
      Administrator Responsibility: The Director is responsible for categorizing all uses. If a proposed use is not listed in a use category, but can be said to be reasonably similar in impact on the Form District to a listed use, the Director shall treat the proposed use as a use under that category. If a proposed use is not listed in a use category, and is fundamentally different from any other listed use, the use shall be prohibited.
   2. 2.
      Uses Not Specifically Listed: When determining whether a proposed use is similar to a use listed in DFD 802.  Use Table, including appropriate building envelope standards, the Director shall consider the following criteria:

      1. a.
         The actual or projected characteristics of the proposed activity in relationship to the stated characteristics of each use.
      2. b.
         Types of vehicles used and their parking and or loading requirements.
      3. c.
         The likely impact on surrounding properties.
      4. d.
         The intent of the Form District.

Effective on: 1/1/1901

DFD 802. Use Table

The use table identifies the uses allowed in the respective BES (Building Envelope Standard) frontages in conjunction with DFD 804. The use table also identifies the building story(s) where each use is allowed. References for additional regulations are included for specific uses. 

Effective on: 1/1/1901

DFD 803. Repealed.

Effective on: 1/1/1901

DFD 804. Development and Performance Standards

1. A.
   General

   1. 1.
      All permitted uses shall meet the DFD 402. General Provisions and those standards specified in the applicable individual Building Envelope Standard pages.
   2. 2.
      No Civic, Commerce or Workshop use is permitted above a Residential use.
   3. 3.
      Businesses providing drive-up services shall not have a drive-through lane or service window that abuts or faces a Street-Space.
   4. 4.
      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.
   5. 5.
      Communications Facilities - Communications Facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.
2. B.
   Residential

   1. 1.
      See the General Urban BES for configuration requirements for Ground Story Residential uses.
   2. 2.
      A lobby serving an upper Story Residential use is permitted on the Ground Story of a General Storefront site.
   3. 3.
      For Workshop sites, Residential use is permitted on the top Story or upper most story only and shall not exceed 25% of the gross floor area of the entire building.
   4. 4.
      Live/Work - Where designated on the regulating plan or on a corner lot where at least one other corner is designated for Commerce Use, a townhouse is permitted to contain commerce uses where it has its ground story configured as a shop front. 
   5. 5.
      Group Living - A special use permit is required per O.P.M.C. 18.370 (subject to K.S.A. 12-736 and the Fair Housing Act). 
3. C.
   Civic

   1. 1.
      Buildings that house Civic Uses located on civic sites specifically designated on the Regulating Plan are not subject to Part 4, Building Envelope Standards, or Part 6, Architectural Standards.
   2. 2.
      For a bus shelter, see O.P.M.C. 18.390.140.Q.
   3. 3.
      For squares and civic greens, see DFD 505. 
4. D.
   Hotels or Motels

   1. 1.
      A lobby serving an upper Story hotel or motel use is permitted on the Ground Story of any General Storefront site.
   2. 2.
      For Detached Frontages, only Bed & Breakfast types are permitted.
5. E.
   Recreation/Entertainment 

   1. 1.
      Recreation or entertainment uses including or similar to the following, but excluding any other use specifically requiring a special use permit: bowling alleys; pool or billiard parlors; skating rinks; indoor tennis; pickleball, or racquet courts; or indoor miniature golf or indoor golf simulators. 
   2. 2.
      A recreation or entertainment use is allowed in the upper story(s) of a building. 
   3. 3.
      Outdoor/rooftop recreation or entertainment uses require the approval of a Special Use Permit. 
6. F.
   Restaurant/Bar, Retail Sales

   1. 1.
      Outdoor food service areas for eating/drinking establishments shall be allowed on the public sidewalk in General Urban and/or Storefront frontages, subject to:

      1. a.
         the provision of a minimum clear width of 5 feet within the Clear Walkway area; and
      2. b.
         a joint use of R.O.W. agreement
   2. 2.
      An eating/drinking establishment or Retail use is permitted in the second Story of a General Storefront or General Urban site provided it is an extension equal to or less than the area of the same Ground Story use.
   3. 3.
      An eating/drinking establishment or Retail use is permitted in the second stories or rooftop of a General Storefront and General Urban sites. For rooftop locations the use shall be set back from any Common Lot Line by at least 20 feet.
   4. 4.
      The sale and consumption of cereal malt beverages and alcoholic liquor shall be subject to the provisions set out in O.P.M.C. 18.260.050, and as required in O.P.M.C. 5.12, 5.20 and 5.48, as applicable.

      1. a.
         The Downtown Form District is hereby established as a "core commercial district" within the meaning of K.S.A. 41-710(d), and accordingly the 200 foot setback restriction of said Statute shall not apply to any liquor retailer located within the Downtown Form District in relation to any such school, college or church also located within the Downtown Form District. 
   5. 5.
      No merchandise (including motorcycles, scooters, and automotives) may be left within the Streetspace when the business is not open.
   6. 6.
      Only merchandise or a commodity manufactured on premise may be sold in the Ground story of a Workshop site.
7. G.
   Gas Station/Auto Repair
   A gas station or auto repair shop may be permitted, subject to the following:

   1. 1.
      The use shall not include the display and rental of cargo trailers, trucks, or similar uses;
   2. 2.
      The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.
8. H.
   Industrial

   1. 1.
      Indoor Self-Storage Facilities - require special use permit approval in the General Urban Frontage. See O.P.M.C. 18-370.040.M.  

Effective on: 1/1/1901

DFD 901. Defined Terms

The following terms are defined for the purpose of this Code. Terms not defined here may be defined elsewhere in the City of Overland Park Zoning Ordinance. In such case, the definition contained in the Zoning Ordinance shall be used. Certain terms in this Code are used in very specific ways, often excluding some of the meanings of common usage. Where there is an apparent conflict or contradiction, the definition herein shall prevail.