Proposed Overland Park Kansas Ordinance RE-1 Residential Estates Community

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Jesse Williamson
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1 RE-1 Residential Estate Community Statement of intent. The zoning of property as RE-1, (Residential Estates Community, 1 dwelling unit per Gross acre density), is intended to provide for single-family detached dwellings at a density not to exceed one dwelling unit per Gross acre, including all public Rights of Way, and other selected uses which are compatible with existing RE developments that were constructed prior to current infrastructure requirements by the City. Property zoned RE-1 should include only parcels which are served by a public sanitary sewer system and which abut or are in close proximity to existing large lot single family developments which have an established neighborhood character of single-family dwellings on large lots containing a Net of one acre. (History: Ord. ZRR-1725; ZRR-1637; ZRR-1342) Permitted uses. No building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards set forth in Section : A. Agricultural uses; B. Dwelling, one family; C. Churches and publicly-owned and operated community buildings, public museums, public libraries; D. Public parks and playgrounds, including public recreation and service buildings and publicity-owned swimming pools. E. Private parks, playgrounds, swimming pools, tennis courts, clubhouses and other recreation facilities within a subdivision for the use of subdivision residents; F. Public schools and private schools with a curriculum equivalent to that of a public school, and institutions of higher learning, including stadiums and dormitories in conjunction therewith, if located on the campus. G. Golf courses and clubhouses appurtenant thereto (except miniature golf courses, driving ranges, and other similar activities operated as a business); Page 1 of 7

2 H. Residential real estate sales offices; I. Accessory uses as provided in Chapter ; J. Utility structures, subject to the provisions set forth in Section (H). (History: Ord. ZRR , 2001; ZRR-1725; ZRR-1637; ZRR-1342) Height and area regulations. The maximum height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows, except as otherwise provided in Chapter : A. Maximum height: 1. Residences two and one-half stories, not exceeding 35 feet. 2. Non-residential structures 50 feet. 3. Accessory structures and uses, other than non-residential structures one and one-half story, not exceeding 20 feet. B. Minimum front yard 50 feet for 90% of the lots, and not less than 35 feet for lots that have special considerations, adjacent to physical constraints, or on culdesacs. C. Minimum side yard: 1. The total of both side yards shall be not less than 30% of the lot, except that no side yard other than a street-side yard on a corner lot be more than 10 feet. 2. No side yard shall be less than 10 feet. 3. The street-side yard on corner lots shall be not less than 30 feet. D. Minimum rear yard 50 feet. E. Minimum lot width 125 feet at front build line. All RE-1 lots adjacent to an RE District shall be less than 80% of the average adjacent RE lot as measured at the front or back build line. F. Maximum lot depth to width ratio 3:1. G. Minimum Lot are per dwelling one half acre (21,780 square feet). Page 2 of 7

3 H. Fence setback On all lots adjacent to a roadway landscape easement, see C., fences shall not be closer than 50 feet to the right of way. For all other locations the fencing may be on the property line but shall not be in front of the required front yard for an interior lot or for a corner lot fences shall not be within the front or side building setback. (History: Ord. ZRR-1725; ZRR-1637; ZRR-1342) Parking regulations. Two off-street parking spaces shall be provided for each single-family dwelling. Both required off-street parking spaces shall be located within garages attached to the main dwelling. (See Chapter for additional parking requirements.) District Size. All parcels hereafter zoned RE-1 shall contain a minimum of twenty acres of land; provided that the Planning Commission and Governing Body may waive this requirement if the proposed tract abuts an existing large-lot development and the proposed tract will enable a compatible extension of existing development. (History: Ord. ZRR-1725; ZRR-1637; ZRR-1342) Plan approval. For all uses and structures other than single-family residences and their accessory uses, preliminary development plans and final development plans shall be approved prior to the issuance of building permits. Preliminary development plan approvals given by the Planning Commission prior to September 1, 1985, are herby deemed to have expired unless final development plans have also been approved prior to the effective date of this ordinance. The procedures applicable to all such preliminary and final development plans are set forth in Chapter Once a preliminary or final development plan has been approved by the City, no development approval by the City, no development approvals shall be granted and no building permits shall be issued for any construction activity within the boundary of that plan that is not in compliance with the approved plan. (History: ZRR-2156, 2, 99; ZRR-1725; ZRR-1637; ZRR-1399; ZRR-1342) Deed restrictions required. Page 3 of 7

4 A building permit for a residential dwelling or any other structure in this district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the Director of Planning and Development Services. Such plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract shall be entered on the official zoning map of the City and shall be considered the same as a platted lot for purposes of regulating permits on adjacent land. The owners of tracts abutting an existing road, street or highway which has less than the City standard right-of-way shall present a warranty deed acceptable to the City for that right-of-way necessary to comply with the City standards prior to the issuance of a building permit. (History: Ord. ZRR , 2002; ZRR-1725; ZRR-1637) Development and performance standards. A. District Size All parcels hereafter zoned RE-1, Residential Estate Community shall contain 80 acres or less of land, provided that the Planning Commission and Governing Body may waive this requirement if the proposed tract of land abuts an existing development zoned RE; Residential Estates and the proposed tract will enable a compatible extension of the existing development. B. Landscape Easements Requirement For all lots that back onto an arterial and collector road public right of way, a 75 foot landscape easement shall be provided. The landscape easement can be a tract or an easement as part of the adjacent lot. Landscaping shall be part of the development improvements to create a visually open/rural character to the community and area. These easements shall be maintained by the Homes Owners Association or appropriate property owner. C. Open Space Lands Requirement The subdivision must include at least 10 percent of the total net land acreage as open space lands. For each additional 1% of open space a density bonus of 1% can be obtained up to 20% total density bonus. 1. The open space lands shall be in a form usable by the residents, visibly accessible, or as environmental conservation area. D. Uses Permitted on Open Space Lands The following uses are permitted in open space land areas: 1. Landscape easements along arterial and collector roadways, landscape islands within the right of way of 10,000 square feet or more in size, Page 4 of 7

5 required streamway setbacks, overhead power transmission line easements, and underground utility pipeline easements. 2. Low-impact passive uses include conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow), agricultural uses as defined by Section , village/central greens, neighborhood squares, common areas, picnic areas, community gardens, walking trails, bikeways, other kinds of pathways, cemeteries, and similar low-impact passive recreational uses specifically excluding motorized offroad vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Commission and Governing Body. 3. Active recreation uses (no more than 50 percent of the required open space lands) include recreational playing fields, golf courses, playgrounds, tennis courts, neighborhood pools, clubhouse structures, equestrian facilities, and parking lots provided such areas do not consume more than half of the minimum required open space land. Recreational playing fields, playgrounds, and tennis courts shall not be located within 50 feet of abutting properties. Parking facilities shall generally be unlighted, and provide no more than ten (10) parking spaces. Sec Section , which is incorporated herein by reference. E. RE-1 shall provide proposed amenities including, but not limited to, amenities that are not required in the RE district, including the construction and development of curbs, gutters, street lights, sidewalks, storm water apparatus, entryways, streetscapes, sanitary sewers and other enhancements that are not ordinarily found in the RE district. F. No detached accessory building shall be located within the front yard. G. All detached accessory buildings located within a side yard shall be set back a minimum of 10 feet from the side lot line in the case of an interior lot, or 30 feet in the case of a corner lot. H. All detached accessory buildings located in the rear yard shall be set back a minimum of 25 feet from the rear lot line. I. Approval or disapproval of proposed preliminary development plans for nonresidential uses shall be based upon the following: 1. The capability of the site to accommodate the building, parking and drives with appropriate open space, and safe and easy ingress and egress. 2. An appropriate degree of harmony will prevail between the architectural quality of the proposed building and the surrounding neighborhood. 3. The appropriateness of the minimum dimensions and areas of lots and yards stated in Section may be considered and increased; in Page 5 of 7

6 the case of a church, the site shall be of not less than four acres in area, and shall have direct access to a thoroughfare or a collector street. J. Residential real estate offices are subject to the following standards: 1. There shall be only one residential real estate sales office in any one subdivision. 2. All sales shall be limited to the sale of new properties located within that subdivision. 3. Any sales office within a subdivision shall be located within a permanent residential structure with a minimum dwelling size classification equal to or greater than that of the approved subdivision. Manufactured homes, mobile homes and construction trailers shall not be permitted. 4. No additional parking facilities other than adjacent on-street or customary driveway parking shall be permitted. 5. Each residential real estate sales office shall obtain a Certificate of Occupancy from the Code Administrator or his designee prior to commencement of the sales office. Revocation of the Certificate of Occupancy may result if any of the above standards are violated. 6. Upon issuance of any Certificate of Occupancy for 90% of the homes within the subdivision, the sales office shall be terminated. 7. Any residential real estate sales office which meets the above standards will be exempt from the plan approval requirements set forth in Chapter A model home complex operated in conjunction with a residential sales office may include a decorative fence in the front yard enclosing or defining the extent of the complex. To qualify as a decorative fence, the surface of the fence must be at least 50 percent open; the fence cannot be constructed of chain link or other wire materials and cannot exceed 4 feet in height. The front yard fence shall be removed upon the termination of the sales office. K. Communication tower are subject to preliminary development plan approval. In addition, communication towers are subject to the same height and setback requirements as other structures within this district and the performance standards outlined in Section O L. Communication antennas may be installed on an existing structure located on property development with a non-residential use or on a non-residential building subject to the performance standards in Section G. M. Utility structures may be installed upon the issuance of a building permit and are subject to the following standards: Page 6 of 7

7 1. Size and Height The structure is limited to 54 inches in height above average grade and shall be limited to a footprint no larger than 12 square feet in area, except as otherwise provided in this section. 2. Thoroughfare landscape easements If the structure is located within a thoroughfare landscape easement, the structure is subject to Site Plan Approval. The structure shall be limited to seven feet in height above average grade and shall be limited to a footprint no larger than 42 square feet in area. Paved access to the structure from a thoroughfare street may be considered, in which case an asphalt driveway meeting the requirements of Section shall be constructed. The City Engineer may waive the requirements for curbing and drainage facilities when they are not needed for drainage purposes. The driveway shall be designed such that vehicles can turn around without backing onto the thoroughfare. 3. Location in public right-of-way Any structure located with the public right-of-way shall be located behind the sidewalk and is subject to approval by the City Engineer. 4. Landscaping Any structure that is located between the public right-ofway and an established building line shall be substantially screened from public view. Where landscaping is used for screening, a landscape plan signed by a registered landscape architect shall be submitted with an application for a building permit. The landscape plan is subject to approval by the City. Maintenance of all landscaping shall be the responsibility of the utility, unless written acceptance of such responsibility is provided from the property owner or homes association. 5. Noise The structure shall comply with all noise requirements, established by the City. 6. Non-residential uses Utility structures that are located on property that has been approved for a non-residential use, are subject to the requirements set forth in Section (H) and are exempt from the above standards. 7. Abandonment Any structure that is not operated for a continuous period of 6 months shall be considered abandoned. The owner of said structure shall remove the structure and return the site to its original condition within 30 days following abandonment of the structure. 8. Notwithstanding any provisions to the contrary, utility structures may continue to be installed upon the issuance of a special use permit under the applicable provisions of the UDO as they existed on January 1, 2001, and any applicant for approval of a utility structure may elect to follow those procedures and requirements or elect to comply with the amended provisions allowing a building permit to be issued without a special use permit. (History: Ord. ZRR , 2001; ZRR , 2001; ZRR , 96; ZRR-1725; ZRR-1637) Page 7 of 7

d. DWELLING, GROUP QUARTERS (no more than sixteen [16] persons, including domestic servants and resident staff).

d. DWELLING, GROUP QUARTERS (no more than sixteen [16] persons, including domestic servants and resident staff). SEC. 37-7.5. R-5 GENERAL RESIDENCE DISTRICT The R-5 General Residence District is established to provide for a range of low density residential accommodations and life styles representing a compatible