This Chapter, together with Chapter 4-2 and Chapter 4-3 of this Title, shall be known as the Unified Development Code of the City of Lenexa. Its parts may also be referred to as the Zoning Ordinance and Subdivision Ordinance or Subdivision Regulations of the City of Lenexa. Together, these provisions shall constitute Chapter 4-1, Chapter 4-2 and Chapter 4-3 of Title 4 of the 1992 Code of the City of Lenexa.

Effective on: 1/1/1901

This Chapter is adopted for the purpose of preserving and improving the public health, safety and general welfare of the citizens of Lenexa and to implement the official Comprehensive Plan for the City of Lenexa, and any amendments relating thereto, adopted pursuant to K.S.A. 12-747, as amended. More specifically, it is the purpose of this Chapter to implement the regulatory aspects of the following goals of the City:

1. A strong and positive civic image and identity, based on a high quality living and working environment, an attractive and convenient physical setting and responsive City services and programs.
2. A housing inventory and living environment which supports the local population, accommodates anticipated future growth and maintains the overall quality and character of the City.
3. A system of quality retail and commercial development which provides local residents with needed goods and services, enhances the City's tax base and capitalizes on the City's strategic regional location.
4. A system of quality business and industrial development which maintains a diversified economic base and complements other types of local development.
5. A balanced transportation system which provides for safe and efficient movement of vehicles and pedestrians, reinforces surrounding land development patterns and enhances regional transportation facilities.
6. A system of community facilities which provides for the efficient and effective delivery of high quality public services to Lenexa residents and businesses.
7. A park and open-space system which satisfies the recreational and leisure time needs of local residents, preserves the natural environment and enhances the unique quality and character of the City, including the incorporation of multiple uses into the storm water management system.
8. A balance between the natural and man-made environments which preserves and protects key natural features while promoting quality new growth and economic development.
9. Creation of an urban center, presently referred to as "Lenexa City Center," near 87th and Renner Boulevard. The environment of this unique mixed-use development will include detailed, high quality architecture, community oriented open spaces, and pedestrian friendly streets.
10. Compliance with the National Pollutant Discharge Elimination System Phase 2 regulations issued by the National Environmental Protection Agency and administered by the Kansas Department of Health and Environment.
11. An effective storm water management system which manages areas prone to flooding to protect human life and property from damage due to flooding and erosion; improves water quality and reduces water pollution.
12. Enhanced control over construction site impacts on the storm water management system through prevention of non-storm water discharges into the system; protection of natural stream assets; reduction in the percentage of imperviousness, peak flows and velocity of runoff discharged into the system and by regulating land disturbance, filling, stripping and soil storage in connection with the clearing and grading of land. 
13. To provide a more pedestrian-friendly environment where uses can be more readily mixed through thoughtful zoning implementation and quality site design.  The creation of the Planned Mixed Use (PMU) District is intended to meet this goal of the City.

Effective on: 1/1/1901

This Chapter is adopted under home rule powers of the City and under the specific authority of Senate Bill No. 23, as codified at K.S.A. 12-741, as amended, and other relevant portions of the Kansas statutes, and it is intended to exercise broadly the powers granted to the City thereunder.

Effective on: 1/1/1901

This Chapter shall apply within the zoning and subdivision jurisdiction of the City to every use of land and every activity involving building or development of any kind, in accordance with the following specific provisions:

1. This Chapter shall be effective throughout the territory of the City and in an area of Johnson County extending three (3) miles from the City limits of Lenexa, except to the extent limited by Kansas law.
2. No building or land shall be used for any purpose whatsoever or put to any use whatsoever except in accordance with the applicable provisions of this Chapter.
3. No building or structure shall be constructed, reconstructed or substantially repaired except in accordance with the applicable provisions of this Chapter.
4. No land shall be subdivided or developed except in accordance with the applicable provisions of this Chapter.
5. No use, building, sign or development shall be maintained or continued except in accordance with this Chapter or with the City's formal approval allowing such development.

Effective on: 1/1/1901

If any section, subsection, sentence, clause, phrase, or portion of this Chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct and independent provisions, and such holding shall not affect the validity of the remaining portion thereof.

Effective on: 1/1/1901

1. Adoption, Official Copies: The boundaries of the districts established by this Chapter and amended from time to time hereunder are and shall be shown on a map or series of maps entitled "Official Copy of Zoning District Map of the City of Lenexa". The original copies of such maps and all amendments thereto shall be maintained in the office of the Director of Community Development of the City. The Director may provide copies of such maps to others, but in case of any dispute regarding the maps, the original maps maintained by the Community Development Director shall be considered to be determinative.
2. Omitted Land: In case any land subject to the jurisdiction of this Title has not been specifically included within any of the districts shown on such map, such land shall automatically be classified as AG until and unless otherwise rezoned in accordance with the amendment proceedings hereof. 
3. Rules for Interpretation of District Boundaries: Where uncertainty exists with respect to the boundaries of any district on the Official Zoning District Map herein incorporated by reference, the following rules shall apply:
   1. Boundaries indicated as approximately following City limits shall be construed as following such City limits;
   2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
   3. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;
   4. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks of said railroad line;
   5. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines and, in the event of a change in the shoreline, shall be construed as moving with the actual shoreline, and boundaries indicated as approximately following the center line of streams shall be construed to follow such center line;
   6. Boundaries indicated as parallel to or extensions of features indicated in subsections C1 through C5 above shall be so construed;
   7. Whenever any street, alley or other public way is vacated, a zoning district adjoining either side of said street, alley or other public way shall automatically be extended to its center line if ownership is split along the center line; and
   8. When a lot held in single ownership on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district unless the application of this construction would increase the area of the less restrictive portion of the lot by more than 25 percent.

Where none of the above rules apply, the district boundaries shall be determined by the use of the scale shown on the Official Zoning District Map.

Effective on: 1/1/1901

The following transitional provisions shall apply to various activities, actions and other matters pending or occurring on the original effective date of this Chapter and on the date of its applicability to any new territory by reason of annexation or other action:

1. Violations Continue: Any violation of Chapter 4-1, Chapter 4-2 or Chapter 4-3 of this Title or of an applicable resolution of Johnson County shall continue to be a violation and shall be subject to prosecution as such. Any such violation shall also be a violation subject to abatement, removal or other equitable remedies hereunder unless the use, development, construction or other activity is clearly consistent with the express, applicable terms of this Chapter.
2. Nonconforming Situations Under Prior Ordinance: Any legal nonconforming use, building or lot under a prior zoning ordinance of the City or under an applicable resolution of Johnson County shall be a legal nonconforming use, building or lot under this Chapter, subject to the provisions of Article 4-1-J.
3. New Nonconforming Situations: Any use of land or building, building or lot which complied with the zoning ordinance or resolution applicable to it prior to the applicability of this Chapter but not conforming with one or more of the requirements of this Chapter may continue as a legal nonconforming use, building or lot, subject to the provisions of Article 4-1-J of this Chapter.
4. Continuing Construction: Any building for which a building permit was issued prior to the date on which this Chapter applied to it may be completed in conformance with the issued building permit and other applicable permits and conditions, including the plans submitted for the approval of the permit(s). If such building does not fully conform to the provisions of this Chapter or if the use for which it was designed is not permitted under this Chapter, such building may be occupied and used as a legal nonconforming building or use, subject to the provisions of Article 4-1-J of this Chapter. If construction is not timely begun or completed, in accordance with the applicable permit terms, the Board of Zoning Appeals may, for good cause shown, grant not more than 1 extension of not more than 6 months for such construction. If the building is not timely completed, within the time allowed under the original permit or any extension granted, then the building may be constructed, completed and/or occupied only in strict compliance with the requirements of this Chapter.
5. Continuing Development: Any subdivision for which a final plat was approved or any development for which a final plan was approved prior to the date on which this Chapter applied to it may be completed in accordance with the approved preliminary plan or plat and other applicable permits and conditions. If such subdivision or development does not fully conform to the provisions of this Chapter, the subdivision or development (including any buildings for which plans were included in a development approval) may be completed and used and shall exist as a legal nonconforming lot or nonconforming building, subject to the provisions of Article 4-1-J of this Chapter. If the subdivision or development is not timely completed within the time requirements established by prior ordinance or resolution and/or within any schedule included in the approval of the final plan or final plat, the Planning Commission may, for good cause shown, grant 1 extension of not more than 1 year for the completion of such development or plat. If the subdivision or development is not completed within the time permitted under the original approval or any extension that may be granted, then such development or plat may be completed and buildings therein constructed and used only in strict compliance with the requirements of this Chapter. Nothing in this subsection shall be construed to exempt such development or building from provisions of this Chapter except to the extent that the construction or development is expressly shown on the approval plan or plat. For example, nothing in this subsection shall be construed to permit the use of a lot for a purpose not permitted by this Chapter simply because a preliminary or final plat showing such lot was approved prior to the applicability of this Chapter to such lot; further, and also by way of example, the right to complete a building in accordance with previously-approved plans shall not include the right to erect signs or other site improvements in accordance with such plans unless such signs or improvements were expressly shown on the plans and cannot, as shown, be made to conform to the provisions of this Chapter.
6. Zoning of Annexed and Other Land: Any land which becomes subject to the effect of this Chapter by reason of annexation by the City or by reason of a change in State law, disconnection from another municipality or another change in Municipal boundaries, shall be zoned in accordance with the procedures required by State law and this Code. From the effective date of the annexation until such time as the property is rezoned, the newly annexed territory shall be given the zoning classification of AG, Agricultural.
7. Right-of-Way Vacated, Public Land Sold: When any public right-of-way is vacated or any public land sold, such right-of-way or land shall, without further action by the City, be deemed to be zoned as follows: if all of such land is surrounded by land classified in 1 zoning district, then it shall be deemed to be included in that district; if such land is surrounded by land classified in 2 zoning districts, then it shall be deemed to be apportioned to those 2 districts, with the new district boundary to be equidistant at each point from the former respective district boundaries; if it is surrounded or adjoined by land classified in more than 2 zoning districts or if it is otherwise unreasonably difficult, in the opinion of the Community Development Director, to determine under this subsection how each part of such land should be zoned, then the entire parcel of land or right-of-way shall be classified AG until further action by the City.
8. Sign Amortization: Sign amortization periods begun under previous ordinances shall continue without abatement or change, and the signs shall be subject to removal under this Code on the same date on which they would have been required to be removed under the previous ordinance unless this Code shall require removal at an earlier date, in which case, this Code shall control.

Effective on: 1/1/1901