Overland Park City Zoning Code

The zoning of property to the MXD, Planned Mixed Use District, is intended to create a dynamic walkable, mixed-use environment, provide a range of housing choices in close proximity to each other, and to create quality usable public spaces. In addition, the MXD district proposes high standards of design for buildings, infrastructure, and landscaping as well as guarantees a high degree of pedestrian and vehicular connectivity. Streets and squares feel enclosed by buildings located close to the streets. Streets will be utilized for on-street parking but will be designed to allow for slow speeds. As part of this District, the development process will be expedited for developments. This planned zoning district is intended for those areas designated on the Comprehensive Plan as office or commercial, or where a special study has been undertaken that recommends a nonresidential-focused mixed use development. This District is not intended for areas designated on the Comprehensive Plan​​​​​​​ for residential development.

(History: Ord. ZRR-3416 §20, 2023; ​​​​​​​Ord. ZRR-2829 §4, 2009; ZRR-2478 §3, 2004)

Effective on: 1/1/1901

No building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, moved or altered, except for one or more of the following uses, subject to the development and performance standards set forth in 18.275.050 (intensity of uses is governed by sub-zone, lot location and parking requirements as found in the Mixed Use Design Standards):

1. A.
   Single-family and multi-family dwellings.
2. B.
   Any use permitted in District CP-2 subject to applicable development and performance standards in 18.270.050, except for those differences listed below.
3. C.
   Assisted living.
4. D.
   Elderly housing.
5. E.
   Public buildings.
6. F.
   Public or private schools.
7. G.
   Public or private parks and playgrounds.
8. H.
   Religious facilities.
9. I.
   Auditoriums.
10. J.
    Arenas.
11. K.
    Communication Facilities

    1. 1.
       Antennas mounted on existing buildings and water towers.
    2. 2.
       Small Cell/DAS facilities on utility poles or street lights in the public right-of-way.
12. L.
    Conference facilities.
13. M.
    Convention centers.
14. N.
    Hotels and lodging.
15. O.
    Sports or recreational facilities of all types.
16. P.
    Accessory residential units.
17. Q.
    Roof-mounted wind turbine(s) and wind turbines mounted on parking lot light poles.

(History: Ord. ZRR-3355 §11, 2022; Ord. ZRR-3134 §20, 2016; ZRR-2836 §10, 2010; ZRR-2829 §5, 2009; ZRR-2478 §3, 2004)

Effective on: 1/1/1901

The maximum height of buildings and the minimum dimensions of lots and yards shall be as follows, except as otherwise provided in 18.420:

1. A.
   Height of each building is determined by sub-zone and type of building as identified in the Building Height section of the Mixed Use Design Standards.
2. B.
   Setbacks of each building are determined by the sub-zone and type of building as identified in the Building Envelopes section of the Mixed Use Design Standards.

(History: Ord. ZRR-2829 §6, 2009; ZRR-2478 §3, 2004)

Effective on: 1/1/1901

See 18.430 for parking regulations. 

(History: Ord. ZRR-3373 §27, 2023; Ord. ZRR-2829 §7, 2009; ZRR-2478 §3, 2004)

Effective on: 1/1/1901

1. A.
   Development and performance standards applicable to all uses:

   1. 1.
      Prior to the issuance of any building permit, site plan approval shall be obtained as provided for in 18. 140.
   2. 2.
      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.  
2. B.
   Retail sales of goods and services: Merchandise, which may be appropriately displayed outside a building, shall be kept off the public sidewalks, parking lots, landscaped areas, and streets, and shall not occupy an area greater than 10% of the ground floor area of the nonresidential portion of the adjacent building. All merchandise shall be displayed on a concrete or similar hard surface. No merchandise (including motorcycles, scooters, and automotives) may be left outdoors when the business is not open.
3. C.
   Drive-in, Drive-thru and Walk-up service - Drive-in, drive-thru or walk-up service may be permitted as part of final development plan approval. The drive-in, drive-thru or walk-up facility shall be integrally designed into the development, and the drive-thru lane and drive-thru window may not be located adjacent to the public street network or drives. See 18.430.140 for stacking requirements. 
4. D.
   Curbside service - Curbside service may be permitted as part of final development plan approval. The location of the curbside service shall be integrally designed into the development. 
5. E.
   Outdoor food service areas - Restaurants or drinking establishments may have an outdoor food service area that is accessory to the main restaurant or drinking establishment function as designated on the approved development plan. The outdoor food service area shall be subject to the provisions set forth in 18.260.050. 
6. F.
   Outdoor seating areas - see 18.260.050.
7. G.
   Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages - Clubs, drinking establishments, or restaurants serving alcoholic liquor or cereal malt beverages shall be subject to the provisions set forth in 18.260.050. 
8. H.
   Retail Sales of Alcoholic liquor or cereal malt beverages - Retail sales of alcoholic liquor or cereal malt beverages are subject to the provisions set forth in 18. 260.050. 
9. I.
   The canopy structure over the gas pumps shall be located behind or to the rear of the main gas station building but not adjacent to a perimeter public street. No servicing or storage of cars is permitted.
10. J.
    Communications Facilities - Communications facilities are subject to the application, location and performance standards of 18.395 - Communications Facilities.
11. K.
    Wind turbines

    1. 1.
       Wind turbines may be installed on any non-single-family structure (such as a building, water tower, etc.) 3 stories in height or greater but no less than 35 feet provided that the wind turbines shall add no more than 20 feet to the height of said existing structure. Wind turbines which are architecturally compatible to the building architecture may be located on non-residential buildings less than 3 stories or 35 feet in height, subject to final development plan approval. The maximum height which may be approved for a roof-mounted wind turbine on a non-residential building less than 3 stories or 35 feet in height shall be equal to one-half the height of the building, measured from the surface of roof on which the turbine is mounted to the highest point of the wind turbine structure, including blades, if applicable. Associated equipment may be permitted on the roof so long as it is screened from view in accordance with 18.450.100. The roof-mounted wind turbine itself is exempt from the screening provisions of this subsection for optimum functionality of the turbine.
    2. 2.
       Wind turbines may be installed on parking lot light poles. The mounting height for parking lot light fixtures shall not exceed 33 feet as measured to the top of the fixture from grade. 20% of the height of the light pole may be added above the light fixture for the purpose of installing a wind turbine. The overall height of the parking lot light pole and wind turbine shall not exceed 40 feet, measured to the highest point of the wind turbine structure, including blades, if applicable. The wind turbine and any required appurtenances shall be painted to match the light pole and fixture.

(History: Ord. ZRR-3373 §28, 2023; Ord. ZRR-3355 §12, 2022; Ord. ZRR-3134 §21, 2016; ZRR-2836 §11, 2010; ZRR-2829 §8, 2009; ZRR-2795 §4, 2009; ZRR-2478 §3, 2004)

Effective on: 1/1/1901