Downtown Form-Based Code - City of Overland Park

208. DeviationsA. Notification of Surrounding Property OwnersAny request for a deviation from the provisions of the Code shallrequire notification as outlined in Ordinance Section 18.140.080.B. Process and StandardsThe Governing Body may approve deviations, subsequent to receiving arecommendation from the Planning Commission, from the provisionsof the Code pursuant to the standards outlined in Ordinance Section18.150.070.H.209. Non-ConformitiesNon-conforming structures within the Form District may be altered or repairedaccording to the following schedule:A. Single-family and duplex structures:1. Repairs, remodeling, and additions to a single-family or duplex structuremay be made without limitation.2. Intentional demolition requires conformance to the Code.3. Single-family and duplex structures destroyed by fire, explosion, act ofGod, or the public enemy may be replaced with conformance to a likeresidential zoning district as determined by the Director.4. Land platted for single-family development, that is otherwiseundeveloped and designated with a Townhouse/Small Apartmentbuilding frontage, may build single-family homes subject to theDetached Frontage standards.B. Other Structures:1. Additions of up to 10% of the square footage of a non-conformingstructure (existing as of the adoption of the form-based code onSeptember 1, 2011) may be made subject to conformance with only theArchitectural Standards of the form-based code.2. Additions greater than 10% but equal to or less than 50% of thesquare footage of a non-conforming structure may be made subject toconformance with the Architectural Standards of the code and the siterequirements of the code relative to the new addition only.3. Additions greater than 50% of the square footage of a non-conformingstructure or which exceed 75% of the Johnson County Appraised valueof the non-conforming structure shall be made in conformance with thecode. Non-conforming site improvements must also be brought intocomplete conformity with the regulations applicable to the form-basedcode.September 2011Overland Park Form-Based Code11