Downtown Form-Based Code

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