The intent of the R-1 (Single-Family Residential) zoning district is to provide for standard low-density residential developments and other compatible uses in areas where adequate public services exist for such development and such development is appropriate given the surrounding land uses and neighborhood.

In order to create an opportunity to provide increased single family residential density in the area bounded by 55th Street, the east City limits, Shawnee Mission Parkway and Quivira Road, a single family overlay district is hereby created. Design elements found in Section 17.20.060(E)(3) shall apply to this area. The areas contained in the following descriptions may also be considered for the single family overlay district subject to Section 17.20.060(E)(3), with the exception that porch areas and cottage style design may not be required as the home design in these areas should be consistent in architectural style with the surrounding homes. These areas are as follows: west of Nieman Road, south of 47th Street, east of Quivira, and north of 55th Street; the area south of 55th Street, along both sides of Long Avenue, north of Johnson Drive and west of Quivira; and the area south of Shawnee Mission Parkway, east of Nieman Road, north of 67th Street, and west of Ballentine. The purpose of the overlay district is to provide an opportunity to divide existing lots with the potential for infill development that would not otherwise meet the R-1 zoning district height and area regulations, and/or to develop new infill subdivisions that are compatible in design with the existing surrounding neighborhood. Properties developed using the overlay will require rezoning and subdivision approval. The underlying zoning of the R-1 overlay remains R-1.

In the R-1 zoning district, the uses permitted by right and allowed by special use permit are listed in Chapter 17.51, Table of General Uses.

In the R-1 district, permitted accessory uses shall be as follows:

A.

Keeping not more than one (1) transient boarder or roomer;

B.

Accessory loading;

C.

Accessory parking;

D.

The following private structures: garages, tool sheds, tennis courts, swimming pools, recreational structures and other similar structures; provided conditions outlined in Section 17.20.040(F) and (G) are met;

E.

Storing not more than one (1) of the following: Unoccupied camper, trailer or boat;

F.

Home occupations, as allowed by Chapter 17.66;

G.

Temporary structures for storage of equipment and materials used in conjunction with construction of a lawfully authorized nonresidential use located on the property not to exceed two (2) years.

In the R-1 district, additional use regulations shall be as follows:

A.

Distance requirements for the keeping and sheltering of animals and storage of other odor or dust producing substance shall be as prescribed in SMC 6.08.020.

B.

No smokestack utilized in agricultural operations shall exceed the height regulations authorized in this title.

C.

Public utility rights-of-way, substations, pumping stations, and municipal and civic buildings, shall be housed in structures that harmonize with the character of the neighborhood, and where adjoining residential zones shall have a buffer of fifty (50) feet except that the Planning Commission may reduce the width of buffer areas where local conditions deem such reduction to be reasonable. Buffer areas shall be adequately screened in accordance with Chapter 17.74 and shall be subject to performance standards procedure and site plan approval by the Planning Commission.

D.

In addition to the particular requirements listed for any use by special permit, the Governing Body may require, where reasonable or appropriate, fences and other safety devices, landscaping, screening, access roads and buffer areas as required.

E.

Buffer areas of fifty (50) feet shall be required for special permit uses, with the exception of home occupations requiring a special permit; however, the Governing Body may reduce the width of buffer areas where local conditions and substitute protection for neighboring properties is reasonably indicated. Buffer areas shall always be landscaped, screened and maintained in harmony with the landscaping and natural growth in the neighborhood.

F.

Tool sheds, utility sheds, playhouses and greenhouses that are not considered permanent structures under the currently adopted building code are permitted, provided they are located in the rear yards, and are not located closer than five (5) feet of any side yard or rear plot line, or within any platted building setback line. These structures shall be located at least fifteen (15) feet from the principal building. Refer to Section 17.60.010(C) for maximum size requirements for accessory structures.

G.

Private tennis courts, swimming pools and similar private recreational structures shall be located in the rear yard and shall not be located within any platted building setback, and shall be a minimum of ten (10) feet from all other plot lines. Outdoor lighting fixtures shall be set back from plot lines a distance equal to the height of the light fixture pole and shall provide directional shielding to prevent any direct illumination of adjoining properties.

H.

Day care homes and group day care homes shall complete fire safety inspections prior to requesting a special use permit. Additionally, the required play areas shall be fenced.

I.

Co-Living Groups and Rooming Houses are prohibited in the R-1 District.

(Ord. 3419, 2022)

A.

Maximum height: The maximum height requirement in the R-1 district is forty-five (45) feet in height, with a maximum of three (3) stories in height.

B.

Minimum lot area. The minimum lot area in the R-1 district is nine thousand (9,000) square feet for all uses.

C.

Minimum lot width: Seventy-five (75) feet along a public or platted private street.

D.

Minimum yard setback requirements:

1.

Front yard: Thirty (30) feet. See Section 17 84.030(B) for front yard setbacks in subdivisions included in the infill regulations.

2.

Rear yard: Thirty (30) feet for single-family residential uses, and forty (40) feet for other permitted or special uses (excluding home occupations).

3.

Side yard: The total of the two (2) side yards must equal twenty percent (20%) of the total lot width, measured at the property line when this measurement meets or exceeds the minimum lot width required in the zoning district or at the platted building line on curves and cul-de-sacs where that line is used to meet the minimum lot width requirement. However, no side yard shall be less than seven (7) feet.

A.

Maximum height: The maximum height requirement in the R-1 Overlay is forty-five (45) feet in height, with a maximum of three (3) stories in height.

B.

Minimum lot area. The minimum lot area in the R-1 Overlay is four thousand two hundred fifty (4,250) square feet for all uses.

C.

Minimum lot width: Forty-five (45) feet along a public or platted private street.

D.

Minimum yard requirements:

1.

Front yard: Fifteen (15) feet, or no less than the average along the block.

2.

Rear yard: Twenty (20) feet for single-family residential uses, and ten (10) feet for detached garages. If a detached garage is not provided, one (1) accessory structure meeting the bulk requirements of Chapter 17.60 may be allowed.

3.

Side yard: Five (5) feet, unless a wider utility easement exists.

4.

Corner lots. The front setback on both streets shall be fifteen (15) feet.

E.

Minimum house size: The Planning Commission when considering a request to rezone property to the R-1 Overlay district, may reduce the house size to nine hundred (900) square feet when it can be shown that existing homes in the vicinity are less than the one thousand one hundred (1,100) square foot size required in section 17.82.010.

F.

Design Requirements:

1.

The Planning Commission shall approve the specific exterior design of the single-family homes to be constructed in the R-1 Overlay District at the time of the public hearing to rezone the property. A modification to the approved elevation must be approved by the Planning Commission during a public hearing upon notification of surrounding property owners.

2.

Each single-family residence shall provide a covered front porch area at least five (5) feet in width.

3.

Each residence and porch shall include varied rooflines and peaks, reminiscent of bungalow, Cape Cod and cottage style homes, except as noted in section 17.20.015.

4.

Fencing in the front yard shall be limited to wrought iron (or similar) or spaced picket fencing, no taller than four (4) feet in height.

5.

A tree preservation plan is required as part of the request to rezone the property.

6.

Consideration will be given for subdivisions of ten (10) or more lots to provide common open space with an amenity.

7.

Consideration will be given in favor of barrier free (ADA accessible) homes.