Overland Park City Zoning Code

The intent of this Chapter is as follows: to provide greenery to visually soften paved areas and buildings; to establish optimum environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, retardation of stormwater runoff, and abatement of noise, glare and heat; to ensure the replenishment of the local stock of native trees by utilizing plant materials that are generally native or hearty to the region; to preserve existing trees; to screen certain unsightly equipment or materials from the view of persons on public streets or adjoining properties; and to buffer uncomplimentary land uses and generally enhance the quality and appearance of developed properties within the City.

(History: Ord. ZRR-2848 §26, 2010; ZRR-1725; ZRR-1637; ZRR-987 §2; ZRR-889 §18.56)

Effective on: 1/1/1901

Where necessary in order to interpret the precise meaning of technical landscaping terms utilized in this Chapter or elsewhere in this Ordinance, reference shall be had to The American Standard For Nursery Stock, as published by the American Association of Nurserymen.

(History: Ord. ZRR-2848 §27, 2010; ZRR-1725; ZRR-1637; ZRR-987 §3; ZRR-889 §18.56)

Effective on: 1/1/1901

All land areas which are to be unpaved or not covered by buildings shall be brought to finished grade and planted with turf or native grass or other appropriate ground cover. In addition to the minimum number of trees required to be planted by this Chapter, an appropriate number or amount of shrubs, ground cover and/or turf area plantings shall be included within each project, to be determined by the design criteria for the project relating to visual safety, species and landscape function.

(History: Ord. ZRR-2848 §28, 2010; ZRR-1725; ZRR-1637; ZRR-987 §1; ZRR-889 §18.56)

Effective on: 1/1/1901

All plans submitted in support of a final development plan, site plan, building permit or site development permit, except for any residential use in Districts RE, R-1, RP-1, R-1A, RP-1A and R-2, shall include a landscaping plan signed by a registered landscape architect. Property located within District A, Agriculture, is excluded from this requirement. All landscaping plans shall include the following information:

1. A.
   North point and scale.
2. B.
   Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.
3. C.
   The location, size and surface of materials of all structures and parking areas.
4. D.
   The location, size and type of all above-ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during installation of landscaping.
5. E.
   The location, size, type and quantity of all proposed landscaping materials, along with common and botanical names of all plant species. The size, grading and condition shall be specified according to American Association of Nurserymen Standards.
6. F.
   The location, size and common name of all existing plant materials to be retained on the site.
7. G.
   Mature sizes of plant materials shall be drawn to scale and called out on the plan by a common name or appropriate key.
8. H.
   Location of hose connections and other watering sources.
9. I.
   The location of all trees, 12-inch caliper or larger, measured at 4-1/2 feet above ground level, that are proposed for removal.
10. J.
    All screening required by this Chapter.

(History: Ord. ZRR-2420 §24, 2003; ZRR-1795 §1, 93; ZRR-1637; ZRR-889 §18.56)

Effective on: 1/1/1901

1. A.
   In District R-1 and RP-1, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way.
2. B.
   In District R-2 and RP-2, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, additional trees shall be required at a ratio of .75 tree for every dwelling unit.
3. C.
   In Districts R-3 and RP-3, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, .75 tree for every dwelling unit. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
4. D.
   In Districts R-4 and RP-4, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, additional trees shall be required at a ratio of one tree for every dwelling unit. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
5. E.
   In Districts R-5 and RP-5, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, additional trees shall be required at a ratio of one tree for every two (2) dwelling units. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
6. F.
   In Districts R-6 and RP-6, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, additional trees shall be required at a ratio of one tree for every three (3) dwelling units. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
7. G.
   In District PRN, one tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Such trees may be clustered or arranged within the setback and need not be placed evenly at 40-feet intervals. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, additional trees shall be required at a ratio of one tree for every three dwelling units. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
8. H.
   In Districts C-O and CP-O, one tree for every 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, one tree shall be required for every 3,000 square feet of landscaped open space. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
9. I.
   In Districts C-1, CP-1, C-2, CP-2, C-3, CP-3 and BP, one tree for every 40 feet of public or private street frontage, or portion thereof, shall be required within the right-of-way of all streets, accessways, and roadways, excluding thoroughfares, alley, and service drives. Street trees shall be spaced a minimum of fifteen (15) feet and a maximum of forty (40) feet for the full length of all streets and roadways. Where not allowed within a thoroughfare right-of-way, street trees shall be planted on the private lots along the thoroughfare right-of-way. In addition to the trees required based upon street frontage, one tree shall also be required for every 3,000 square feet of landscaped open space. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
10. J.
    In District MXD, one tree for every 40 feet of public or private street frontage, or portion thereof, shall be required within the landscaped setback abutting said street frontage. Additional street tree and landscaping requirements are located in the Mixed Use Design Standards.
11. K.
    In Districts M-1, MP-1, M-2 and MP-2, one tree for every 40 feet of public or private street frontage, or portion thereof, shall be required within the landscaped setback abutting said street frontage. Such trees may be clustered or arranged within the setback and need not be placed evenly at 40-feet intervals. In addition to the trees required based upon street frontage, one tree shall be required for every 4,000 square feet of landscaped open space. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
12. L.
    Existing trees saved on the site during construction may be credited toward the minimum number of trees required as specified for each zoning district, provided that such trees are a minimum of 4-inch caliper as measured 4-1/2 feet above ground for medium and large deciduous species or three (3) feet in height for ornamental and evergreen species. All existing plant material saved shall be healthy and free of mechanical injury.
13. M.
    Non-residential uses in residential districts:

    1. 1.
       One tree per 40 feet of public or private street frontage, or portion thereof, shall be required within the landscaped setback abutting said street frontage. Such trees may be clustered or arranged within the setback and need not be placed evenly at 40-feet intervals. In addition to the trees required based upon street frontage, additional trees shall be required for every 3,000 square feet of landscaped open space. Such trees may include the trees required in parking lots pursuant to Section 18.450.070.
    2. 2.
       Perimeter parking lot landscaping shall be provided for parking areas adjacent to property identified on the Future Development Plan for very-low and low-density residential development. Landscaping shall be provided as required by the Planning Commission for perimeter parking areas adjacent to all other Future Development Plan designations.

       Unless otherwise required by the Planning Commission, perimeter parking lot landscaping shall be provided according to the following schedule as a minimum for each 100 linear feet of perimeter width or portion thereof of parking area:

       1. a.
          Eight (8) evergreen trees
       2. b.
          Two (2) shade trees
       3. c.
          One (1) ornamental tree
       4. d.
          The above landscaping materials may be deviated from provided an alternative list of materials is approved by the Planning Commission which achieves comparable screening and buffering.
       5. e.
          A one to one credit shall be given for each tree preserved within the parking lot setback which meets or exceeds the minimum size requirements, subject to the approval of an alternative plan as outlined above.
       6. f.
          Where the perimeter parking setbacks exceed 45 feet, the minimum landscaping requirement may be reduced at the discretion of the Planning Commission.

(History: Ord. ZRR-2848 §29, 2010; ZRR-2829, §9, 2009; ZRR-2590, §7, 2005; ZRR-2156, §7, 99; ZRR-1725; ZRR-1637; ZRR-1427 §28; ZRR-1217 §2; ZRR-987 §4; ZRR-889 §18.56)

Effective on: 1/1/1901

Minimum planting requirements shall be as follows:

1. A.
   Medium and large deciduous shade trees - 2 inch caliper as measured 6 inches above ground.
2. B.
   Small deciduous or ornamental trees - 6 feet in height, with the exception of true dwarf species.
3. C.
   Conifers - 5 to 6 feet in height.
4. D.
   Upright evergreen trees - 4 feet in height, except for true dwarf species.
5. E.
   The size of deciduous and conifer shrubs, including spreader and globe tree forms, shall be determined by the applicant.
6. F.
   Ground cover plants, whether in the form of crowns, plugs or containers, shall be planted in a number as appropriate by species to provide 50% surface coverage after two growing seasons.
7. G.
   All areas shall be sodded unless otherwise approved for seeding at the time of final development plan approval by the Planning Commission or, in the case of unplanned zoning districts, by the Director of Planning and Development Services.

(History: Ord. ZRR-2343 §57, 2002; ZRR-1725; ZRR-1637; ZRR-987 §5; ZRR-889 §18.56)

Effective on: 1/1/1901

Except in those districts not requiring a landscaping plan, automobile storage lots, multiple level parking structures and parking lots having a paved area no wider than a double-loaded aisle or more than 65 feet in width, all parking areas and all zoning districts shall include the following as minimum requirements in order to encourage interior landscaping within vehicular parking areas, to break up the large expanses of pavement, to provide relief from reflected glare and heat, and to guide vehicular and pedestrian traffic:

1. A.
   Not less than 6% of the interior of a parking lot shall be landscaped. The interior of a parking lot shall be calculated by multiplying the number of parking spaces by 280 square feet. Plantings required along the perimeter of a parking lot shall not be considered as part of the interior landscaping requirement.
2. B.
   Landscaping and planting areas shall be reasonably dispersed throughout the parking lot.
3. C.
   The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to ensure proper growth; in no event shall any such area be less than 60 square feet in area or less than seven feet in width. Each area shall be protected by Portland cement concrete curbs or similar structures.
4. D.
   The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
5. E.
   Landscape islands in parking lots may alternately be designed and planted to serve as a dual-purpose landscape area and stormwater treatment facility. When landscape islands are designed as a stormwater treatment facility, usage of trees as the primary landscaping material shall not be required when the City determines that trees are incompatible with native plantings proposed for use as a means of stormwater treatment.
6. F.
   In those instances where plant materials exist on a parking lot site prior to its development, such materials may be used if approved as meeting the requirements in Section 18.450.060.
7. G.
   No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners, or in the intersection of a public right-of-way, that the Traffic Engineer of the City, or his or her designee, determines is an obstruction to visibility, extends into a sight distance triangle as set forth in Section 18.420.070, or is otherwise a traffic hazard.

(History: Ord. ZRR-2848 §30, 2010; ZRR-2675 §13, 2008; ZRR-1725; ZRR-1637; ZRR-987 §6; ZRR-889 §18.56)

Effective on: 1/1/1901

All required landscaping materials, both living and non-living, shall be in place prior to the time of issuance of a final Certificate of Occupancy, weather permitting. In periods of adverse weather conditions, a temporary Certificate of Occupancy may be issued, subject to the posting of a cash escrow or irrevocable letter of credit in an amount equal to one and one-half times the estimated cost of the landscaping, with said estimated cost to be certified by a landscaping provider. The cash escrow or irrevocable letter of credit may be forfeited if the landscaping is not completed within one year after the issuance of the temporary Certificate of Occupancy. Forfeiture of any cash escrow or irrevocable letter of credit shall not relieve the owner of the responsibility to complete the required landscaping.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-987 §7; ZRR-889 §18.56)

Effective on: 1/1/1901

1. A.
   Trees, shrubs, and other landscaping materials depicted on landscaping plans approved by the City shall be considered to be elements of the project in the same manner as parking, building materials and other details. The developer, its successor and/or subsequent owners and their agents shall be responsible for maintenance of landscaping on the property on a continuing basis for the life of the development. Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plants promptly removed and replaced within the next planting season after installation. All landscaping will be subject to periodic inspection by the City's Zoning Officer, or his or her designee. Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and its agent or agents shall be considered in violation of the terms of the Certificate of Occupancy. The Director of Planning and Development Services is empowered to enforce the terms of this Chapter.
2. B.
   As a condition to issuance of a final Certificate of Occupancy, a cash escrow or irrevocable letter of credit in the amount of 25% of the initial landscaping costs shall be posted to ensure the needed replacement of materials and the continued maintenance of the same for a period of two years after initial installation. Said cash escrow or irrevocable letter of credit may be forfeited if the necessary maintenance and replacement has not been performed in a satisfactory manner within the two-year period. Further, should it be determined that the landscaping as approved on the landscaping plan is not being maintained as specified beyond the initial two-year maintenance period, resubmission of the approved plan and the posting of an additional maintenance escrow may be required by the City.

(History: Ord. ZRR-2848 §31, 2010; ZRR-2343 §58, 2002; ZRR-1725; ZRR-1637; ZRR-987 §8, 78; ZRR-889 §18.56)

Effective on: 1/1/1901

Plans for all residential projects containing multi-family dwellings, all non-residential projects in residential districts, and all commercial and industrial projects shall include a detailed drawing of enclosure and screening methods as provided hereinafter.

1. A.
   Trash containers, trash compactors, roll-off recycling containers, and groupings of three or more recycling containers and/or recycling containers larger than 10-cubic yards shall be screened from public view on all four sides with a solid wall constructed of masonry and a gate constructed of compatible, durable, low-maintenance materials, and shall be appropriately landscaped. Plans for these containers may be approved by the Director of Planning and Development Services, or his/her designee. Alternative compatible, durable, material other than masonry may be approved by the Planning Commission through the Final Development Plan approval process.
2. B.
   Recycling containers of 10-cubic yards or smaller in size may be located on the property without meeting the screening requirements as stipulated in 18.450.100 A, under the following conditions. All such recycling containers shall be:

   1. 1.
      Located at or behind the front line of the building and be screened 80% or more from view from adjacent residentially zoned properties and the public rights-of-way or located 150 feet or more from any such properties and rights-of-way.
   2. 2.
      Where screening is required under Section B.1, such screening shall be accomplished by the use of a solid fence, wall, or gate constructed of cedar, redwood, masonry, vinyl, or steel, earthen berm, and/or landscaping. Such fencing or wall may be subject to required building permits.
   3. 3.
      Placed on a paved or other solid surface.
   4. 4.
      Limited to a maximum of two (2) such recycling containers, which must be grouped at one location on the property.
   5. 5.
      Restricted from collecting hazardous materials such as paint and chemicals or glass.
   6. 6.
      Located so as not to impede normal traffic circulation on the site.
   7. 7.
      If not practical to meet part or all of the above conditions for such recycling containers, applicants may submit a screening plan for approval by the Director of Planning and Development Services, or his or her designee, which substantially screens the recycling containers from all residentially zoned properties and public rights-of-way and substantially meets conditions 2 through 6.
3. C.
   Exterior ground-mounted or building-mounted equipment including, but not limited to, mechanical equipment, utilities and banks of meters, shall be screened from public view with landscaping or with an architectural treatment compatible with the building architecture.
4. D.
   All rooftop equipment shall be screened from public view with an architectural treatment which is compatible with the building architecture.

   1. 1.
      For purposes of this Section, the phrase "screened from public view" means not visible from any adjoining properties or any street right-of-way.
   2. 2.
      For purposes of this Section, the phrase "architectural treatment compatible with the building architecture" shall not include painted mechanical units or prefinished mechanical units. For mechanical units not adequately screened by the parapet, supplementary screening shall be provided by the use of prefinished architectural metal panels, stucco panels, masonry walls, or other similar building materials. The height of the screen shall be no lower than the height of the unit as measured from the roof surface.
5. E.
   All buildings or additions thereto in commercial or industrial districts shall provide a solid screen fence or wall not less than six (6) feet in height along all rear and side property lines which are common to property zoned for residential purposes, except that such screening shall not extend in front of the building line or adjacent dwellings. Such screening shall not be required where similar screening exists on the abutting residential property.

(History: Ord. ZRR-2848 §32, 2010; ZRR-2754 §1, 2008; ZRR-2061 §2, 97; ZRR-1725; ZRR-1637; ZRR-987 §9; ZRR-889 §18.56)

Effective on: 1/1/1901