It is noted that these regulations are updated from a previous version of zoning regulations which have subsequently been repealed. However, because of changes brought about through the implementation of these regulations, there may be some instances in zoning where some actions were approved in the past but are now not in conformance with these regulations. In those instances alone, the property owner has the right to apply for a conditional use permit based on the approval under the repealed regulations provided that action was taken prior to the implementation date of these regulations. Any zoning issues which may arise which were implemented after the approval date of these regulations will be governed by these regulations.
R‐1 Residential – Single Family Dwelling
A. Intent: The intent of this district is to provide for low density residential development including those uses which reinforce residential neighborhoods.
B. Permitted Uses: Generally, single‐family dwellings and parks are permitted. For a specific listing of permitted uses, see Appendix A of these regulations. Class A and Class B manufactured homes are not permitted.
C. Special Uses: For a specific listing of special uses, see Appendix A of these regulations.
D. Intensity of Use Regulations: Except as hereinafter provided, all dwelling hereafter erected, enlarged, relocated, or reconstructed shall be located upon lots containing the following areas:
1. Minimum lot area: 10,000 square feet
2. Height Regulations: Maximum structure height is 35 feet
3. Front Yard: 30 feet from property line
4. Side Yard: 10 feet from property line
5. Rear Yard: 5 feet from property line and or utility easement. A corner lot Shall also be required to have a side yard width of 30 feet the street side
6. Percentage of Lot Coverage: The principal and accessory buildings on any lot shall not cover more than 50 percent of the area of such lot
7. Signs: One sign permitted not exceeding 4 square feet
R‐2 Residential – Multiple Family Dwelling District
A. Intent: The intent of this district is to allow high residential density land use with the co‐ mingling of compatible single‐family and two‐family dwellings, and apartments for moderate density residential development including two‐family and higher density single‐family dwellings in a manner that will encourage a strong residential neighborhood.
B. Permitted Uses: Generally, single‐family dwellings and parks are permitted. Class A and Class B manufactured homes are not permitted.
C. Special Uses: For a specific listing of special uses, see Appendix A.
D. District Regulation: In District R‐2, no structure or land shall be used, and no structure altered, enlarged, or erected which is arranged, intended or designed for other than one of the uses listed in the Use Regulations.
E. Intensity of Use Regulations: Except as hereinafter provided, all dwelling hereafter erected, enlarged, relocated, or reconstructed shall be located upon lots containing the following areas:
1. A lot on which there is erected a single‐family dwelling shall contain an area of not less than 6500 square feet. No lot shall be less than 50 feet in width; corner lots shall not less the 70 feet in width.
2. A lot on which there is erected a two‐family dwelling shall contain an area of not less than 3,000 square feet per dwelling unit. No lot shall be less than 60 feet in width; corner lots shall be not less the 80 feet in width.
3. A lot on which there is erected a multi‐family dwelling shall contain an area of not less than 7,500 square feet, or 2500 square feet per dwelling unit, whichever area is the larger, except that this regulation shall not apply to rooming, and lodging houses where no cooking is done in individual rooms or apartments.
4. Height Regulations: Maximum structure height is 35 feet
5. Front Yard: 25 feet from property line
6. Side Yard: 7 feet from property line
7. Rear Yard: 5 feet from property line and or utility easement. A corner lot shall also be required to have a side yard width of 30 feet on the street side
8. Percentage of Lot Coverage: The principal and accessory buildings on any lot shall not cover more than 50 percent of the area of such lot
9. Parking Regulations: Adequate space shall be allowed for parking on the property
10. Signs: One sign permitted not exceeding 4 square feet
MP Manufactured Home Park Residential District
A. Intent: It is the intent of this district to provide medium density manufactured home park development which is compatible with the character of the surrounding neighborhood in which it is located. Manufactured home parks are considered as a residential use and should be located in areas where services and amenities are available such as those found in conventional residential areas.
B. Permitted Uses: Class A and Class B manufactured homes. Class C manufactured homes are not permitted. The listing of permitted uses is set out in Appendix A.
C. Special Uses: For a specific listing of special uses, see Appendix A of these regulations.
D. Intensity of Use Regulations:
E. Minimum park area: 3 acres.
F. Minimum park width: 225 feet.
G. Height Regulations: Maximum structure height: 20 feet.
H. Yard Regulations: Except as modified by the provisions of Article 6, minimum yard depths for each manufactured home space shall be as follows:
1. Front Yard: 10 feet.
2. Side Yard: 10 feet.
3. Rear Yard: 15 feet.
I. Use Limitations: Each manufactured home park shall be designed in accordance with all city codes and to the following minimum design standards:
J. Minimum Design Standards:
1. The park shall be located on a well‐drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
2. Manufactured home parks hereafter approved shall have a maximum density of eight (8) manufactured homes per gross acre, and a minimum area of 5,000 square feet shall be provided for each manufactured home space.
3. Each manufactured home space shall be at least 50 feet wide and be clearly defined.
4. All manufactured homes and additions thereto shall be so located to maintain a clearance of not less than 20 feet from another manufactured home or 25 feet from any permanent structure within the park.
5. All manufactured home spaces shall front upon a private roadway of not less than 25 feet in width, including curbs on each side; provided, however, that no on‐street parking is permitted. If parallel parking is permitted on one side of the street, the width shall be increased to 30 feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to 36 feet. All roadways shall have unobstructed access to a public street.
6. All roadways and sidewalks within the manufactured home park shall be of all‐ weather surfacing and shall be adequately lighted at night.
7. A community structure may be provided which may include recreation facilities, laundry facilities, and other similar uses.
8. The perimeter of all manufactured homes shall be fully skirted.
9. A safe room shall be required, big enough to accommodate all of the residents, based on no fewer than three persons per manufactured home space. A safe room may include recreation facilities, laundry facilities, safe room, and other similar uses. The safe room will comply with FEMA 361.
10. Sidewalks shall be required on one side of all streets.
11. Landscaping shall be shown on the development plan.
12. All roadways shall meet the design standards as adopted by the City for private streets in manufactured home parks.
13. A structure permit for the park shall be obtained before moving a manufactured home into an MP district.
K. Water Supply:
1. Water shall be supplied to the park by a public water system.
2. The size, location and installation of water lines shall be in accordance with the requirements of the City.
3. Individual water service connections shall be provided at each manufactured home space.
L. Sewage Disposal: Individual sewer connections shall be provided for each manufactured home space and shall be installed in accordance with the building codes of the City. A public sewer system shall be used.
M. Tie‐Downs and Ground Anchors: All manufactured homes shall be secured to the ground by tie‐downs and ground anchors in accordance with the Manufactured Home and Recreational Vehicle Code, K.S.A. 75‐1211 to 75‐1234, as amended.
N. Electrical: Each manufactured home space shall be provided with an individual electrical outlet supply which shall be installed in accordance with the building codes of the City and requirements of the electric supplier.
O. Gas: Natural gas hookups, when provided, shall be installed in accordance with the Building Codes of the City and the regulations of the gas supplier.
P. Refuse and Garbage Handling: Storage, collection and disposal of refuse in a park shall be in accordance with City code.
Q. Blocking: All manufactured homes shall be blocked at a maximum of ten (10) foot centers around the perimeter of each manufactured home in accordance with the Manufactured Home and Recreational Vehicle Code, K.S.A. 75‐1211 to 75‐1234, as amended; and in accordance with the manufacturer’s guidelines.
R. Pad Requirements: Shall be a flexible surface with a minimum of five (5) inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; or shall be of a hard surface of a minimum of two 18‐inch wide concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points of the manufactured home.
S. Application Requirements:
1. An applicant for “MP” Manufactured Home Park District shall prepare or cause to be prepared a preliminary Manufactured Home Park Plan, drawn to a scale of not less than 1” = 100’, and 10 copies of said plan shall be submitted to the Planning and Zoning Commission for its review and recommendations. Said plan shall be designed in accordance with the Minimum Design Standards herein and shall have contours shown at two (2) foot intervals.
2. Upon approval of the preliminary Manufactured Home Park Plan by the Planning and Zoning Commission, the applicant shall prepare and submit a final plan which shall incorporate any changes or alterations requested. The final plan and the Planning and Zoning Commission recommendation shall be forwarded to the Governing Body for their review and final action.
3. Any substantial deviation from the approved plan, as determined by the Zoning Administrator, shall constitute a violation of these regulations. Changes in plans shall be resubmitted for reconsideration and approval by the Planning and Zoning Commission and Governing Body prior to the occupancy of the Manufactured Home Park.
4. Construction of an approved Manufactured Home Park shall begin only after the use permit has been granted by the Governing Body.
C‐1 Commercial
A. Intent: The intent of this district is to provide a zone for those commercial uses which are intensive in nature and which require large lots and direct access to major streets.
B. Permitted Uses: Generally, automobile and implement sales, lumber yards, contractor’s yards, offices, neighborhood retailing and similar uses are permitted. For a specific listing of permitted uses, see Appendix A of these regulations.
C. Special Uses: For a specific listing of special uses, see Appendix A of these regulations.
D. Intensity of Use Regulations:
E. Minimum lot area: 6,000 square feet.
F. Minimum lot width: 50 feet.
G. Height Regulations: Maximum structure height: 50 feet.
H. Yard Regulations: Except as modified by the provisions of Article 6, minimum yard depths shall be as follows:
I. Frontage: 25 feet.
J. Side Frontage: 10 feet if abutting a residential district; otherwise no side yard is required.
K. Rear Frontage: 20 feet.
L. Use Limitations:
M. No outdoor storage, except for the display of merchandise priced and packaged for immediate sale to the public shall be permitted, except as otherwise permitted by Article 6, Section 13.
N. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
O. Site Plan Review: Development in the C‐1 District shall be subject to site plan review requirements and procedures.
I‐1 Industrial District
A. Intent: The intent of the district is to permit industrial uses that are not obnoxious due to appearance, noise, emissions, or odor; that do not require intensive land coverage; and that can be compatibly developed with adjacent districts through site plan review.
B. Permitted Uses: Generally, light manufacturing, wholesaling, trucking and warehousing uses, with limited retail and service uses permitted, as well. For a specific listing of permitted uses, see Appendix A of these regulations.
C. Special Uses: The listing of special uses is set out in Appendix A of these regulations.
1. Intensity of Use Regulations:
2. Minimum lot area: Subject to site plan review.
3. Minimum lot width: Subject to site plan review.
D. Height Regulations: Maximum height of structure: 100 feet.
E. Yard Regulations: Except as modified by the provisions of Article 6, minimum yard depths shall be as follows:
1. Frontage: 35 feet.
2. Side Frontage: The total of side yards shall be not less than 40 feet, except that no side yard shall be less than 10 feet, and no less than 20 feet when abutting a street or residential district.
3. Rear Frontage: 20 feet.
F. Use Limitations:
1. All operations and activities shall be conducted within a structure or structures. Storage may be maintained outside said structure or structures provided the view of said storage area is properly screened from adjacent residential areas. Storage within I‐1 Industrial shall be exempt from screening of exterior storage from local streets as classified by the Comprehensive Plan (See Article 6, Section 13).
2. A solid or semi‐solid fence or wall at least six feet high and having a density of not less than 70 percent per square foot shall be provided adjacent to an adjoining residential district unless the adjacent residential district and the industrial district are separated by a street right‐of‐way. Said fence or wall shall be maintained in good condition by the owner or owners of the property in the “I‐1” District.
3. No structure shall be used for residential purposes except that a watchman may reside on the premises.
G. Site Plan Review. Development in the “I‐1” District shall be subject to site plan review requirements and procedures.
P‐1 Public Use District
A. Intent: The intent of the district is to permit specified areas within the City to provide space for the retention of public lands necessary for open spaces, parks, playgrounds, trails and structures designed for public recreation and to provide areas for the location of buildings and structures for public education, recreation and other public and semi‐ public uses. This zoning classification is intended to be applied to those portions of the City that are designated as developed open spaces and public facilities under the City of Overbrook’s Comprehensive Plan and are to be applied to natural open spaces for the retention of publicly owned, natural open spaces that, due to their proximity to wetlands, shorelines, floodplains or critical habitat areas, which are too sensitive for intensive use or development.
B. Permitted Uses: Generally, public or semi‐public land uses would include the following: alternative schools; churches; clubs or fraternal organizations; cultural institutions; general park or maintenance operations; public golf courses; passive open spaces; power transmission, irrigation, wastewater or utility easements; public agency facilities and buildings; public campgrounds; public parks; schools; special events (including concerts, tournaments, competitions, fairs, festivals and similar public gatherings); trail head facilities; equestrian, pedestrian or non‐motorized vehicle trails; public art galleries and public boat mooring facilities.
C. Special Uses: Other miscellaneous uses such as micro‐ and macro‐antennas, on‐site public hazardous waste treatment and storage, cemeteries, and public retail uses such as ball park concessionaires and public parking lots.
1. Intensity of Use Regulations:
a. Minimum lot area: Subject to site plan review.
b. Minimum lot width: Subject to site plan review.
D. Height Regulations: Maximum height of structure: 100 feet.
E. Yard Regulations: Except as modified by the provisions of Article 7, minimum yard depths shall be as follows:
1. Frontage: 35 feet.
2. Side Frontage: The total of side yards shall be not less than 40 feet, except that no side yard shall be less than 10 feet, and no less than 20 feet when abutting a street or residential district.
3. Rear Frontage: 20 feet.
F. Use Limitations:
1. No structure or any portion of the land shall be used for residential purposes.
G. Site Plan Review. Development in the “P‐1” District shall be subject to site plan review requirements and procedures.