Overland Park City Zoning Code

The zoning of property as R-3, Garden Apartment District, or RP-3, Planned Garden Apartment District, is intended to provide quality apartment development with emphasis on open space and access to light and air. The intent of garden apartment development is to provide residents the convenience of multi-family living and the amenities generally available to low-density residential development. Garden apartments will all be low-rise developments with commonly maintained landscaped open space.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1202 §1)

Effective on: 1/1/1901

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 18.210.050:

1. A.
   Any use permitted in District R-2, subject to the applicable development and performance standards;
2. B.
   Garden apartment buildings;
3. C.
   Accessory uses as provided in 18.390; and
4. D.
   Utility structures, subject to the provisions set forth in Section 18.250.050(H).

(History: Ord. ZRR-2262 §6, 2001; ZRR-1725; ZRR-1637; ZRR-889 §18.12)

Effective on: 1/1/1901

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 18.420:

1. A.
   Maximum height:

   1. 1.
      Three-story maximum. Three-story structures shall be permitted provided the three-story portion of any building shall be setback a minimum of 50 feet from any adjacent streets or single-family residential development.
   2. 2.
      Accessory structures and uses -- one story, not exceeding 20 feet and not exceeding the height of the main structure.
2. B.
   Minimum setbacks:

   1. 1.
      All main structures shall be located at least 15 feet from any lot line, except where the lot line abuts a street or property zoned R-1.
   2. 2.
      Where a lot line abuts a street, the minimum setback for main structures shall be as follows:

      1. a.
         40 feet from an interstate, highway or freeway;
      2. b.
         20 feet from a thoroughfare; or
      3. c.
         10 feet from a super-collector, collector or any other street.
   3. 3.
      Where a lot line abuts property zoned R-1, but not a public street, the minimum setback for main structures shall be 25 feet from the lot line.
   4. 4.
      All accessory structures shall be located at least 10 feet from any interior lot line.
   5. 5.
      All accessory structures shall be at least 20 feet from any lot line which abuts a street or property zoned R-1.
   6. 6.
      The minimum setback between buildings on the same lot shall be 15 feet.
   7. 7.
      For Infill or Redevelopment projects, the perimeter setback along a public street shall not be less than the average setback for residential uses along the same and facing block faces.
3. C.
   Net site area per multi-family dwelling unit -- 3,500 square feet (12.4 units per net acre).

(History: Ord. ZRR-2848 §9, 2010; ZRR-2698 §7, 2007; ZRR-1725; ZRR-1637; ZRR-889 §18.12)

Effective on: 1/1/1901

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §17, 2023; Ord. ZRR-1725; ZRR-1635; ZRR-1427 §10; ZRR-889 §18.12)

Effective on: 1/1/1901

1. A.
   Garden apartments may not be constructed where adequate sanitary sewers are not available for connection thereto.
2. B.
   The maximum lot coverage shall be 50%.
3. C.
   Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide adequate physical separation from vehicles along all public and private streets and drives and within any parking area.
4. D.
   Site drainage patterns shall be designed, graded and constructed to prevent surface drainage from collecting on and flowing across pedestrian paths, walks and sidewalks.
5. E.
   Prior to issuance of any building permit, site plan approval shall be obtained as provided for in 18.140.

(History: Ord. ZRR-2848 §10, 2010; ZRR-2285 §5, 2001; ZRR-1868 §1, 94; ZRR-1725; ZRR-1637; ZRR-889 §18.12)

Effective on: 1/1/1901