Overland Park City Zoning Code

It is the intent of this chapter to create standards for the platting and subdividing of land that will yield: (1) an accurate and easily accessible public record of parcel and easement boundaries; and (2) a logical and efficient pattern of lots, blocks, easements and rights-of-way. The requirements for platting are intended to result in: (1) a highly accurate description of parcel, easement and right-of-way boundaries; (2) a public record format that is easily accessible and readily understandable; and (3) an approval process that includes an opportunity for public review and comment. The requirements for the subdividing of land are intended to result in: (1) a logical pattern of lots and blocks that are appropriately sized and shaped for the range of uses for which they are zoned; (2) an efficient pattern of streets which provide safe and convenient access to each parcel and reasonable connections between adjacent subdivisions; and (3) a well-built and consistent set of public improvements designed to serve the needs of the platted area in a safe, efficient and aesthetically pleasing manner.

(History: Ord. ZRR-1893 §2, 94)

Effective on: 1/1/1901

Except as otherwise provided in this chapter, no subdivision may be created nor any plat recorded with the Register of Deeds until both a preliminary and final plat have been submitted and approved in accordance with the provisions of 18.140. Approval of a preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No improvements shall take place within the platted area prior to approval and recording of the final plat, and the submittal and approval of construction plans by the City Engineer.

(History: Ord. ZRR-1893 §4, 94; ZRR-1725; ZRR-1637; ZRR-413 §17.08)

Effective on: 1/1/1901

1. A.
   All land shall be platted prior to: 1) the subdivision of land; 2) the issuance of a building permit for the construction of a building or building addition; or 3) the development of a recreation facility including but not limited to development of a golf course, golf practice range or athletic fields. Provided, however, that platting shall not be required where:

   1. 1.
      The land being subdivided is zoned A-J Agricultural District (under the 1982 Oxford Township regulations) or RUR, Rural District (under the Johnson County, Kansas, Zoning and Subdivision Regulations), and the resulting parcels are all at least ten (10) acres in size;
   2. 2.
      The land being subdivided is zoned A, Agricultural District, and the resulting parcels are all at least twenty (20) acres in size;
   3. 3.
      The building or building addition being proposed for construction is located on land zoned A, Agricultural District, or A-J, Agricultural District (under the 1982 Oxford Township regulations) or RUR, Rural District (under the Johnson County, Kansas, Zoning and Subdivision Regulations);
   4. 4.
      The building being proposed for construction is a detached accessory building that is clearly subordinate and incidental to the main use of the property;
   5. 5.
      The building addition being proposed for construction is an addition to an existing, single-family residential structure and will not change the primary use of the property; or
   6. 6.
      The building addition being proposed for construction is deemed by the Director of Planning and Development Services, or his or her designee, to be a minor addition to the existing structure that will not substantially change the character, extent or intensity of the existing development. In the event the platting exemption is denied by the Director of Planning and Development Services, the decision may be appealed to the Governing Body. In no event shall a building addition be deemed a minor addition if the added floor area exceeds ten (10) percent of the gross floor area of the original building;
   7. 7.
      The building or building addition being proposed for construction is a single-family residential structure that is intended to replace an existing single-family structure that has been damaged by a fire, tornado or other similar event outside the control of the landowner.
2. B.
   A recreation facility shall be required to be platted whether or not accessory buildings, such as a clubhouse, concession and restroom facility or maintenance facility, are being constructed in conjunction therewith. Provided, however, that the City and the developer may enter into a development agreement providing that a recreation facility being constructed as part of a larger planned development may be platted incrementally as surrounding areas of the development are platted. The preliminary plat shall contain the entire recreation facility and shall be accompanied by a general statement of the proposed phasing plan for final platting of the recreation facility.

(History: Ord. ZRR-3039 §4, 2014; ZRR-2692 §1, 2008; ZRR-2625 §1, 2006; ZRR-2398 §1, 2002; ZRR-2140 §1, 98; ZRR-1893 §3, 94)

Effective on: 1/1/1901

All conditions to approval of a subdivision by the Planning Commission which run with the land or the acceptance of dedications of land by the Governing Body, and all rule exceptions granted by the Planning Commission, shall be clearly stated on the final plat prior to its recording by appropriate City officials.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Approval of a final plat by the Planning Commission shall be endorsed on the plat by the Chairman of the Planning Commission. Acceptance of lands dedicated for public purposes that have been approved by the Governing Body shall be endorsed on the plat by the Mayor.

Thereafter, the final plat shall be filed with the Register of Deeds as provided by law; no plat shall be filed with the Register of Deeds prior to its endorsement by the appropriate City officials. No final plat shall be recorded except by the City without approval of the Director of Planning and Development Services or his or her designee.

(History: Ord. ZRR-2343 §59, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Where property has been zoned to a planned zoning district, an approved preliminary development plan may substitute for a preliminary plat where said preliminary development plan contains all information required for preliminary plats as set forth in Section 18.140.090.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.08)

Effective on: 1/1/1901

Minor subdivisions may be presented by combining the preliminary and final plat. For purposes of this Section, a "minor subdivision" shall mean a subdivision containing not more than three lots.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Subdivision proposals shall be designed to assure that all such proposals are consistent with the need to minimize flood damage, that all public utilities and facilities (such as sewer, gas, electrical and water systems) are located, elevated and constructed to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards. Subdivisions shall be designed in accordance with the standards established in 18.360, Floodplain Management, and 15.08, Storm Sewers.

(History: Ord. ZRR-2450 §20, 2003; ZRR-1725; ZRR-1637; ZRR-942; ZRR-831 §17.12.120)

Effective on: 1/1/1901

Care shall be exercised in the design and laying out of streets, lots and other elements of a subdivision such that good planning principles are followed, efficient use is made of land, and natural assets such as trees and topography can be retained wherever practicable. Except as provided in Section 18.460.090, dead-end streets shall not be permitted except where such streets are provided to connect with future streets on adjacent land. Off-center street intersections with an offset of less than 150 feet between center lines shall not be permitted. Surface drainage easements shall be provided as necessary, and the City may require installation of pipe, masonry or rip-rap flumes, or such other protective devices in order that adjacent or surrounding property shall not be endangered and maintenance requirements will be kept to a minimum.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The system of streets designated for a subdivision must connect with any streets already platted to its boundary from abutting subdivisions. Streets must be continued to the boundaries of the tract subdivided at reasonable intervals such that future abutting subdivisions may connect therewith. Any new street proposed to be located opposite an existing street or major driveway shall be constructed with street geometrics that coordinate with the geometrics of the existing street or driveway.

(History: Ord. ZRR-1847 §1, 94; ZRR-1725; ZRR-1637; ZRR-413 §17.12)

Effective on: 1/1/1901

Cul-de-sacs may be permitted where a vehicular connection is not essential. Cul-de-sacs shall provide proper access to all lots and a turnaround shall be provided at the closed end with an outside street line radius of at least 50 feet. For R-1 and R-1A zoning districts, the length of cul-de-sacs shall not exceed 1,000 feet, measured from the near-side right-of-way line of the intersecting street to the center line of the cul-de-sac turnaround.

For the RP-1, RP-1A, RP-1N, and PRN zoning districts, the length of the cul-de-sacs shall not exceed 500 feet, measured from the near-side right-of-way line of the intersecting street to the center line of the cul-de-sac turnaround.

(History: Ord. ZRR-2848 §33, 2010; ZRR-1725; ZRR-1637; ZRR-413 §17.04.040)

Effective on: 1/1/1901

A tract subdivided into parcels larger than normal building lots shall be arranged so as to permit the opening of future streets and a logical pattern of resubdivision.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.12)

Effective on: 1/1/1901

All streets within a subdivision or plat shall conform to the Standards as defined and incorporated by reference in 13.10 provided however, that thoroughfares within a subdivision or plat need not be brought into conformance with such design standards at the time of platting.

(History: Ord. ZRR-2843 §2, 2010; ZRR-2698 §19, 2007; ZRR-2590 §8, 2005; ZRR-1886 §2, 94; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Intersecting streets determining block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing or future streets. Where no existing plats control, block lengths shall not exceed 1,500 feet.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.12.060)

Effective on: 1/1/1901

In blocks where substantial pedestrian traffic may occur, e.g., adjacent to schools, the Planning Commission may require pedestrian walkways through blocks. Such walkways shall be 10 to 15 feet in width, constructed of concrete the entire length and adequately fenced. Such walkways may be required to be dedicated to the public in the same manner as streets.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.12.070)

Effective on: 1/1/1901

The number of lots facing onto collector streets shall be kept to a minimum in each subdivision. The street patterns shall be so designed that the side lines of lots abut collector streets wherever land shapes and topography permit.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.12.120)

Effective on: 1/1/1901

All lots, including unplatted parcels, shall front on a public or private street. The frontage distance shall conform to the required lot width in the applicable zoning district regulations, except as otherwise provided in Section 18.460.200. Exceptions to this lost frontage requirement may be made for:

1. A.
   Commercially or industrially zoned lots with access to a street by means of a public access easement to a point approved by the City or by means of an approved plan for a planned zoning district; or
2. B.
   Unimproved agriculturally zoned lots under common ownership with adjacent lots which are being used for Agricultural use.

(History: Ord. ZRR-3039 §5, 2014; ZRR-1725; ZRR-1637; ZRR-413 §17.12)

Effective on: 1/1/1901

The use of double-frontage lots shall be minimized in all subdivisions.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Residential lots shall not be designed so as to face onto existing or designated thoroughfares or super-collectors. No person shall construct or have constructed a driveway on a residential lot with direct access onto a designated thoroughfare or super-collector. All plats shall contain language prohibiting the construction of driveways onto designated thoroughfares or super-collectors.

(History: Ord. ZRR-2698 §20, 2007; ZRR-1725; ZRR-1637; ZRR-1124; ZRR-413 §17.12.130)

Effective on: 1/1/1901

Residential lots in conventional zoning districts shall have an average depth of not less than 115 feet.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1124; §17.12.135)

Effective on: 1/1/1901

Residential lots shall be of a width which conforms to the applicable zoning district regulations. Lots otherwise containing sufficient lot area may have a width at the front lot line of not less than 35 feet when such lots front on a cul-de-sac.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.12.140)

Effective on: 1/1/1901

In case of hardship caused by the size, location or configuration of land, topography or other factors which affect a specific tract or subdivision or portion thereof, the subdivider may request a rule exception from the requirements of this chapter relating to lot and street layout, block lengths, cul-de-sac lengths, lot width or lot depth. Rule exceptions shall be requested at the time of filing the application for the preliminary or final plat on forms provided by the City. Rule exceptions shall not be approved by the Planning Commission unless it finds that such approval will not be contrary to the public interest or unnecessarily burden the City.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1218 §17.24; ZRR-413)

Effective on: 1/1/1901

1. A.
   Purpose: The purpose of the master landscape/screening plan is to increase privacy, mitigate noise, reduce glare and enhance the aesthetics of the streetscape through the use of fences, walls, berms and professional landscaping to separate residential units from thoroughfare streets.
2. B.
   Required: In any subdivision located within the R-1, R-1A, R-2 or equivalent planned zoning district, a master landscape/screening plan shall be required along that portion of the subdivision abutting an existing or future thoroughfare or super-collector, unless there is a separate tract designated as a hike/bike trail. Such improvements shown on the approved master landscape/screening plan shall be considered a subdivision improvement and completion of the improvements shall be required prior to the issuance of building permits for any lots within the affected final plat covered by the master landscape/screening plan. In cases when the planting of landscape material may be inappropriate due to weather, the developer may submit an escrow payment equal to the value of the landscaping material as outlined in bids from the developer's landscape installer or contractor. Said escrow shall be held by the City until such time as all landscaping is installed per the approved plan.
3. C.
   Landscape Easement: A landscape easement shall be shown on each preliminary and final plat which is subject to these regulations. Said landscape easement shall be immediately adjacent to the public thoroughfare or super-collector right-of-way, where required, and shall be a minimum of 25 feet wide as measured at all points along the thoroughfare or super-collector, where required. The width of the landscape easement shall be in addition to the minimum required lot depth, lot width and yard setback requirements of the zoning district. The final plat and homes association deed restrictions shall contain language as approved by the Director of Planning and Development Services which identifies the homes association as the entity which will have permanent responsibility and authority to enter upon the said landscape easement to maintain, plant, replant, replace, mow, clip, trim, spray, chemically treat, repair, and otherwise maintain any and all grass, trees, shrubs, flowers, plants, fences, and walls. Said homes association deed restrictions shall be recorded with the Johnson County Records and Tax Administration concurrent or prior to recording of the final plat. As an alternative, a separate landscape tract of the same 25-foot dimension and subject to the same language outlined above may be utilized instead of the landscape easement.
4. D.
   Design:

   1. 1.
      Landscaping: The approved master fence/screening plan shall contain the following landscaping materials as a minimum for each 100 linear feet or portion thereof of thoroughfare or super-collector frontage.

      1. a.
         Eight (8) evergreen (conifers) trees with a minimum size of six (6) feet in height;
      2. b.
         Two (2) shade trees with a minimum caliper of two (2) inches as measured six (6) inches above the ground;
      3. c.
         One (1) ornamental tree with a minimum size of 10 feet in height.
      4. d.
         The above landscaping materials may be deviated from provided an alternative list of materials is approved by the Director of Planning and Development Services which achieves comparable screening and buffering.
      5. e.
         For each tree preserved within the easement or separate tract which meets or exceeds the minimum size requirements outlined above and is part of an alternative plan provided for in Section 18.460.220 D(1)d above, a one-to-one credit shall be given against the minimum tree requirements of this Section.
   2. 2.
      Fences/walls: Fences or walls are not required as part of the master landscape/screening plan. In cases when the developer of the subdivision chooses to install a fence or wall the following standards shall apply:

      All types of fences installed by the developer, except wrought iron, split rail or similar see-through fence/wall types must be located one-foot inside the boundaries of the separate tract or landscape easement along the residential lot side of the tract. Wrought iron or similar see-through fences may be installed by the developer anywhere within the landscape easement or separate tract, except they may be no closer than five (5) feet from the right-of-way line of the abutting thoroughfare or super-collector.

   3. 3.
      Berms: Berms are not required as part of the master fence/screening plan. In cases when the developer of the subdivision chooses to install a berm the following standards shall apply:

      1. a.
         The slope of all installed berms shall not exceed three-to-one;
      2. b.
         All berms shall be consistent with good engineering and landscape architectural design; and
      3. c.
         The grading plan for berms within the separate tract or landscape easement shall be consistent with the approved subdivision grading plan and shall be approved by the City Engineer.
5. E.
   Approval: All plans submitted in compliance with these regulations shall be approved by the Director of Planning and Development Services. All decisions made by the Director may be appealed to the Planning Commission in writing within 30 days of the decision.

(History: Ord. ZRR-2698 §21, 2007; ZRR-2343 §60, 2002; ZRR-1945; ZRR-1725; ZRR-1637; ZRR-1610; ZRR-1409 §17.04 & 17.12; ZRR-413)

Effective on: 1/1/1901

Whenever a proposed plat or subdivision abuts a public street, or a proposed public street as indicated on the plat or the Official Street Map, and adequate right-of-way does not exist for such street or proposed street in accordance with the Standards as defined and incorporated by reference in 13.10 or such other right-of-way requirements established by a transportation corridor study, traffic analysis, preliminary engineering study or area plan accepted and/or approved by the City, the subdivider shall dedicate to the City, without charge, such right-of-way as is necessary to provide conformity with such standards up to a total of one-half of the indicated right-of-way requirements. If the street alignment shown in a transportation corridor study, traffic analysis, preliminary engineering study or area plan requires a dedication of more than one-half of the indicated total right-of-way requirements for a particular property, the subdivider shall be required to dedicate the additional right-of-way only if the transportation corridor study, traffic analysis, preliminary engineering study or area plan was the subject of a public hearing with notice to the abutting property owners prior to its acceptance and/or approval by the City Council. However, such dedication requirements shall not apply to thoroughfares unless such dedication can be shown to be reasonably related to the development of the proposed plat or subdivision and the cost of such dedication can be shown to be roughly proportional to the traffic impact of the proposed development in accordance with the provisions of 18.400. Such dedication shall be shown on the preliminary and final plat.

(History: Ord. ZRR-2843 §4, 2010; ZRR-2483 §_, 2004; ZRR-2015 §16, 97; ZRR-1886 §3, 94; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   All final plats for properties zoned R-E, RP-OE, RP-OS, R-1, RP-1, R-1A, RP-1A, RP-1N, R-2, RP-2 and PRN and being subdivided for residential purposes shall include a dedication of utility easements as outlined below:

   1. 1.
      Utility easements shall be provided along the rear of all lots, with a minimum width of 15 feet. If adjoining lots, tracts or parcels abut each other along their rear lines or if a rear line abuts a side line, the easement may be located partially on each lot, tract or parcel.
   2. 2.
      Exceptions to the location and width requirements for rear utility easements may be granted by the City Engineer in cases where drainage ways or existing vegetation, or both, would be negatively impacted by locating easements in those areas.
2. B.
   Where required to provide connections to other easements, utility easements shall be provided along the side lines of lots, tracts or parcels, with a minimum width of 14 feet. If lots, tracts or parcels abut each other along their side lines, the easement may be located partially on each lot, tract or parcel.
3. C.
   In the cases where the subdivider chooses to locate utility easements along front lines abutting the street right-of-way in addition to those required in Subsections 1 and 2 above, those utility easements shall meet the following requirements: if no sidewalk will be constructed along the street frontage, the width shall be at least 10 feet. If a sidewalk will be constructed along the street frontage, the width shall be at least 15 feet.
4. D.
   The Director of Planning and Development Services may waive the utility easement location and/or width requirements listed in this Subsection for any plat that is a replat of all or part of an existing subdivision plat when it is determined that the waiver will not detrimentally impact the provision of utility services for properties within or near that plat.

(History: Ord. ZRR-2843 §5, 2010; ZRR-2748 §3, 2008)

Effective on: 1/1/1901

Whenever a proposed subdivision contains land which is included as a part of the City's Greenway Linkages Plan the dedication of such land or an appropriate easement across such land may be required as a condition of plat approval. Such dedication or easement shall be consistent with the standards of the Greenway Linkages Plan, and shall be granted by the subdivider without charge to the City.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The subdivider shall be required to construct certain public improvements within the subdivision as hereinafter provided. Such improvements shall not be installed prior to proper recording of the final plat by the City. All improvements installed by the developer shall comply with the specifications and standards of the City as set forth in this ordinance or elsewhere in the Code.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

For purposes of this Section: “Interior Street” means a public street whereby the entire public street and right-of-way is located within the platted boundary of the development. A “Perimeter Street” means a public street contiguous to the plat boundary where a portion of the public street right-of-way is outside of the plat boundary.  As used in this Section, the term “Standards” shall have the same meaning as set forth in Section 13.10.010 of the Code.

1. A.
   Interior Streets: The subdivider shall be responsible for the installation of all Interior Streets and associated appurtenances within the boundaries of the subdivision. No grading or other construction shall take place within a street right-of-way until the construction plans have been approved by the City Engineer. All street construction must comply with the Standards, and compliance therewith must be confirmed by the City Engineer prior to release of any surety required hereinafter. For new Interior Streets designated as thoroughfares on the City’s official street map, the subdivider shall be responsible for construction of an interim thoroughfare in compliance with the Standards.
2. B.
   New Perimeter Streets - Collector and Super-Collectors: Where a subdivision abuts a proposed super-collector or collector street where no street currently exists, the subdivider shall pay the City an amount equal to one-half of the cost of the design and construction of a super-collector or a collector street complying with the Standards. Said amount shall be either determined or approved by the City Engineer, and is to be based upon the work involved, including but not limited to, design, survey, construction and permitting costs. The subdivider shall deposit said amount in cash with the City’s Director of Budget and Finance, for designation in the street improvements escrow funds. The Governing Body may waive all or a portion of the payment required by this Section in such cases where it determines that the circumstances are unique and compensating benefits are provided to the public.

Where feasible based upon available right-of-way and easements, the subdivider may, with approval of the City, construct an equivalent length of Perimeter Street in lieu of escrowing funds. In cases where additional length of said street is required to provide required access and circulation within the proposed development, the subdivider shall be responsible for said construction as part of the development process.

3. C.
   New Perimeter Streets - Thoroughfares: Where a subdivision abuts a proposed thoroughfare as shown on the City’s Official Street Map and where no street currently exists, the subdivider shall be responsible to construct any portion of the thoroughfare necessary to achieve sufficient access and site circulation. Said street shall be constructed as an interim thoroughfare in compliance with the Standards.
4. D.
   Existing Perimeter Streets - Collectors, Supercollectors, and Thoroughfares: In the case of a subdivision which abuts an existing or proposed collector, super-collector or thoroughfare street that does not contain a paved surface conforming to the Standards, the following standards and procedures shall apply:

   1. 1.
      If the street consists of seal-coated surface, crushed rock or material other than asphaltic concrete, or if the pavement is less than 22 feet in width and three inches in depth, or has an irregular or deteriorated surface as determined by the City Engineer, the subdivider shall improve the length of such street abutting the subdivision as part of the subdivision development process. Such improvement shall consist of up to a 3-inch overlay 24 feet in width, as determined by the City Engineer.
   2. 2.
      In lieu of making the required improvements set forth in subsection (D)(1), the subdivider may, subject to the approval of the Director, voluntarily choose to enter into an agreement with the City whereby the subdivider deposits in cash with the City’s Director of Budget and Finance a street maintenance escrow equivalent to the estimated cost of a 3-inch asphaltic concrete overlay from the edge of the street to the street centerline for the platted frontage and for the cost of a full depth widening of the street. 

      1. a.
         Costs shall be based on widening of at least a 2-foot wide section, to a minimum overall street width of 22 feet, along the platted frontage.  The cost shall be determined by the City Engineer on an annual basis and shall be based upon a review of recent bid prices for roadway surfacing, restriping, traffic control, and other associated costs for a maintenance overlay. Such funds shall be set aside for future maintenance and/or widening of the abutting street, either by the City or a third party. Funds shall be used to defray maintenance and/or widening costs.
      2. b.
         In such event, these funds shall be the only financial contribution paid by the subdivider or its successors in interest related to existing unimproved collector, supercollectors, and thoroughfare maintenance and repairs. Said funds shall not be utilized towards ultimate reconstruction of the street to improved standards.
      3. c.
         The City Engineer may maintain a map that is updated on a periodic basis which determines which streets are eligible for the street maintenance escrow fund option based on an evaluation of pavement section, condition, and width.

4. E.
   In addition to requirements of A-D above, the subdivider shall also perform whatever grading is necessary so that the subdivision grades are compatible with those depicted for any adjacent proposed collector, super-collector or thoroughfare street in street plans available from the City Engineer. In the event that preliminary or final street plans have not been prepared for the collector, super-collector or thoroughfare street, the subdivider must furnish a preliminary street plan in compliance with the Standards. Plans and specifications for said pavement and grading, and where applicable preliminary street plans shall be approved by the City Engineer in the same manner as other construction in the City. Preliminary street plans shall be approved by the City Engineer, and will be kept on file in the office of the City Engineer.

(History: Ord. ZRR-3394 §1, 2023; Ord. ZRR-2698 §22, 2007; ZRR-2220 §1, 2000; ZRR-1725; ZRR-1637; ZRR-1443; ZRR-1343 §17.12 & 17.16; ZRR-413)

Effective on: 1/1/1901

1. A.
   Within the boundaries of a subdivision, sidewalks shall be installed by the subdivider on both sides of all thoroughfares, super-collector and collector streets and on one side of all local residential streets. See Section 18.245.050 to determine the location and width of sidewalks in developments zoned PRN, Planned Residential Neighborhood District. In industrial parks or business parks, sidewalks shall be required only on thoroughfares, super-collectors, collector streets or peripheral streets. In the case of collector and local residential streets within subdivisions zoned RE, Residential Estates, no sidewalk shall be required. All sidewalks shall be no less than four (4) feet in width, of Portland cement concrete, and shall comply with the specifications of the City. Sidewalks shall be located in the platted street right-of-way, abutting the property line. Sidewalks shall also be installed in any pedestrian easements as may be required by the Planning Commission. Sidewalks need not be installed where a sidewalk variance has been granted pursuant to the provisions of Section 13.08.160 of the Code.
2. B.
   Where a subdivision abuts an existing collector street, super-collector or a thoroughfare that does not contain a paved surface conforming to the standards in Title 13 of the Code, the subdivider need not install sidewalks, but shall pay to the City sufficient funds to pay the costs of construction of all required sidewalks abutting the collector streets, super-collectors or thoroughfares. Such payment shall be made prior to the recording of the final plat. The amount of such payment is to be estimated by the City Engineer and is to be based upon the work involved and shall be deposited in cash with the City's Chief Financial Officer. If such sum is $50,000 or greater, the applicant may deposit either cash or an irrevocable letter of credit from an acceptable financial institution payable to the City, collectible no later than one year from the date of recording of the plat. The funds collected from the applicant or from the irrevocable letter of credit shall be placed in an escrow account and set aside for the construction of said sidewalks, to be constructed when scheduled on the City's Capital Improvements Program or, in any event, within 20 years from the time the cash is placed in escrow, or within 19 years from the cashing of the irrevocable letter of credit. In the event that the construction of such sidewalks is not made within the time stated above, the funds from the escrow account, together with the actual accrued interest, shall be returned to the subdivider or its successors in interest.

(History: Ord. ZRR-2698 §23, 2007; ZRR-2590 §9, 2005; ZRR-1725; ZRR-1637; ZRR-1443 §17.16; ZRR-1058; ZRR-413)

Effective on: 1/1/1901

The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches, stormwater detention facilities, stormwater treatment facilities and other improvements necessary to adequately handle stormwater. All improvements shall comply with the minimum standards of the City and shall be approved by the City Engineer prior to construction. Where developments are determined by the City Engineer to be in close proximity to unimproved stream channels, an engineering study shall be required to determine the stability of the stream banks as required under Section 18.365.060 of this Code.

(History: Ord. ZRR-2675 §14, 2008; ZRR-1725; ZRR-1637; ZRR-413 §17.16)

Effective on: 1/1/1901

1. A.
   Except as otherwise provided in this Section, all utilities shall be installed underground within designated easements by the subdivider or utility company prior to the issuance of a certificate of occupancy. For purposes of this Section, the term "utilities" shall include, but not be limited to, all pipes, poles, wires, connections, conductors, switchers, line transformers and insulators which supply natural gas, electricity, sewage or water, or which may be used for communications transmission.
2. B.
   The subdivider, developer or owner of any such area or portion thereof shall make the necessary arrangements for the installation of underground utilities. Such arrangements shall be made with the utility company. A letter from the utility company confirming that such underground insulation as required by this Section has been completed shall be submitted to the Code Administrator at the time that a certificate of occupancy is requested. A certificate of occupancy shall not be granted absent such confirmation.
3. C.
   The provisions of this Section shall not apply to any of the following uses:

   1. 1.
      All electrical power lines rated at or above "feeder" line class. For purposes hereof, a "feeder" line is defined as that portion of an electrical circuit which provides power from a power substation and which has a rated capacity of 3,000 KVA or more.
   2. 2.
      All telecable lines rated at or above "trunk" line class. For purposes hereof, a "trunk" line is defined as that portion of a telecable systems line that is .750 inches in diameter.
   3. 3.
      Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from such existing overhead lines that are within a subdivision previously approved in accordance in conformance with existing regulations.
   4. 4.
      Existing poles, overhead wires, and associated overhead structures, when part of a continuous line, or services to individual properties from such existing overhead lines that serve properties adjacent to but not within areas being subdivided.
   5. 5.
      Any communication line which would otherwise be required by this Section to be underground that uses an overhead pole or structure exempted by this Section.
   6. 6.
      Radio and television antennas.
   7. 7.
      Structures on corner lots, in streets and alleys, and on easements adjacent thereto, and in cases where electrical and communication wires cross a street or other district boundary from an area where overhead wires are not prohibited, may be connected to said overhead wires.
   8. 8.
      Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location of the building or to an adjacent building without crossing a property line.
   9. 9.
      Poles used exclusively for street or area lighting or for traffic control facilities.
   10. 10.
       Service terminals, transformers, regulators, meters or other on- and above-ground appurtenances normally used with and as a part of an underground distribution system.
4. D.
   Nothing in this Section will prevent the replacement of poles, overhead wires, and associated overhead structures on these lines when necessary for the purpose of maintaining the line or upgrading the capacity thereof or, in the case of single-phase lines, the addition of the necessary facilities to three-phasing of the line.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1218 §17.16)

Effective on: 1/1/1901

1. A.
   The subdivider shall be responsible for the proper installation of all utilities and sanitary sewers and connection to approved treatment facilities, water supply approved by the Kansas Board of Health, natural gas, electricity and telephone service. Such utility shall be installed according to the specifications and minimum standards of the controlling utility company or public agency except as otherwise provided by this ordinance.
2. B.
   Except as otherwise provided in 7.52 of the Code, no subdivision shall be approved and no construction therein permitted until a sewer district has been created.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1343; ZRR-1218; ZRR-901 §17.16.060; ZRR-413)

Effective on: 1/1/1901

The subdivider is responsible for the cost and installation of all street name, regulatory, warning, guidance signage and object markers. All necessary signage, markers and related improvements shall comply with the minimum standards and regulations of the City and shall be approved by the City Engineer prior to construction. Street sign names shall follow the street names designated on the approved final plat.

(History: Ord. ZRR-3029 §1, 2014; ZRR-1761 §1, 92; ZRR-1725; ZRR-1637; ZRR-413 §17.16)

Effective on: 1/1/1901

Street lighting shall be installed by the subdivider in accordance with the provisions of 13.10.

(History: Ord. ZRR-2843 §6, 2010; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The proper installation of streets, curbs and gutters, sidewalks, storm drainage facilities, pedestrian walkways, street lights, right-of-way and lot grading and other required improvements shall be guaranteed by the subdivider or his agent by furnishing surety in the form of a performance and maintenance bond. Said bond shall be to the favor of the City and shall be furnished at the time construction plans are submitted for approval. The amount of the bond shall be for the full cost of the improvements and shall remain in effect for one year from the date of completion and acceptance by the City. Said bond shall be properly executed prior to any grading or construction and shall be released upon written approval of the City Engineer. A building permit shall not be issued for a lot or tract in a subdivision which abuts a street for which a bond has not been furnished.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.16)

Effective on: 1/1/1901

Repealed. See 18.460.260.

(History: Ord. ZRR-3394 §2, 2023; Ord. ZRR-2698 §24, 2007; ZRR-1886 §4, 94; ZRR-1725; ZRR-1637; ZRR-1443; ZRR-1411; ZRR-1355; ZRR-1343; ZRR-1058; ZRR-967; ZRR-901; ZRR-413)

Effective on: 1/1/1901

As part of the approval of a preliminary or final plat for all single-family subdivisions, the Planning Commission shall designate a minimum total livable floor area classification for all lots within the subdivision. Total livable floor area shall mean gross floor area, minus garages and basements. The classification of minimum total livable floor area shall be as follows:

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1438 §17.20; ZRR-413)

Effective on: 1/1/1901

Upon the designation of a minimum dwelling size classification by the Planning Commission, all dwelling units built within the subdivision or portion thereof shall contain a total livable floor area which falls within the designated range or any range or amount of total livable floor area above the designated classification. No land shall be so classified as to reduce the minimum total livable floor area requirements below that provided by the next lower classification to that designated for any separately owned land contiguous to or directly adjacent across a street. In the event the differential between such classification is so great as to render such a limitation impractical, then the Planning Commission may designate a classification or classifications for the proposed subdivision or portions thereof which will, in its judgment, be in harmony with the surrounding area. Each single-family dwelling or residence hereafter located or constructed within the City which is situated upon land not previously classified and designated as to minimum floor area for single-family dwelling purposes shall contain a minimum floor area of 864 square feet.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1438 §17.20; ZRR-413)

Effective on: 1/1/1901

1. A.
   A previously platted lot may be divided as a lot split by either metes and bounds description or by replatting. If such a lot is to be divided by metes and bounds description, it may only be divided one time and by only one new dividing lot line, and shall not again be divided without replatting. Any such lot split need not comply with the procedures set out in this ordinance for platting. All lots produced by a lot split shall conform to all minimum standards of this ordinance and other applicable codes of the City. No building permit shall be issued for a lot produced by a lot split until the lot split has been reviewed and approved by the Director of Planning and Development Services, or his or her designee, as being in compliance with this ordinance.
2. B.
   Lot splits shall not be permitted for property zoned District RE, Residential Estates District.
3. C.
   Lots zoned for industrial purposes may be divided into two or more tracts without replatting such lot. Provided, however, that the lot so produced shall conform to all minimum standards of this ordinance and other applicable codes of the City.

(History: Ord. ZRR-2343 §61, 2002; ZRR-1725; ZRR-1637; ZRR-777)

Effective on: 1/1/1901