West Central Independence Overlay District Information Center

It is a common land use planning tool used to create a special zoning "layer" placed on top of the base zoning district. 

The City of Independence already has overlay districts, including the Truman Historic Overlay District (UDO 14-907) and an Underground Overlay District (UDO 14-903) around 291 Highway, designed to accommodate and permit reasonable uses of underground space.

The overlay zoning creates special supplemental regulations to layer over existing residential zoning. 

The West Central Independence Overlay District (WCIOD) allows homeowners who live in their properties to build an Accessory Dwelling Unit (ADU) on their property. 

Construction of smaller homes of less than 1,000 square feet may be allowed through approval of a development plan for a Cottage Neighborhood Cluster.

The purpose of the overlay is to integrate new housing opportunities in a way that maintains the residential character of the area through a mixture of densities and designs. These regulations allow property owners, builders, and developers to fill in existing spaces with smaller homes, like for first-time buyers, or accessory dwelling units, like an in-law suite on a single-family home lot. 

With the tools provided by the overlay, the district establishes a mixed-use area with live/work units and traditional residences.

In 2019, members of the Englewood Arts District began meeting with neighbors to discuss ways to improve the Englewood Community. From these meetings, the concept of the Englewood Overlay District was born. The members of the Community have brought this plan forward to foster revitalization in the Englewood area.

The West Central Independence Overlay District is intended to sustain the neighborhoods around and in proximity to the Englewood Arts District. The WCIOD includes roughly 3,700 parcels between Truman Road, 23rd Street, Arlington Avenue, and Crysler Avenue.

This boundary was chosen for a variety of reasons including it is a clear, clean bounded area with the commercial district centered in the overlay. 

After soliciting feedback from area residents, a grassroots group of community members in the Englewood area identified a boundary that was smaller than the first iteration of the proposal, but still included residents who were interested in the potential development tools.

The City has undertaken several plans, studies, and initiatives over the years to address revitalization and housing issues covering the western portion of Independence. 

A 2022 City-Wide Housing Study found the City of Independence should improve the equality and condition of the existing housing stock, which is important to the health of a neighborhood and city. 

Some of the key study recommendations were to create policies that support infill development, such as allowing Accessory Dwelling Units (ADUs) and continue efforts to promote neighborhood stability.

• The property owner, developer and/or builder would still be required to go through an approval process with the City of Independence.
• There are design standards, including: 
  • A common public open space and a common private space.  
  • Privacy between the buildings. 
  • A development plan submitted to the City of Independence and the regular development process would be required.  
  • A Public Hearing before the Planning Commission and approval of the development plan by the Independence City Council. 
• Under the WCIOD, neighbors can file a letter of protest. 
  • All contiguous property owners shall receive 15 days notice of the plan to build an ADU. 
  • If more than 50% of contiguous property owners file a letter of protest with the City during the 15 day timeframe, the proposed ADU shall be treated under Section 14-912-02-D Special Uses.
• The WCIOD does not allow for accessory dwelling units (ADUs) to be used as Airbnb's.
• The WCIOD does not create a new government entity or quasi-government entity. 
• The City of Independence does have a right to rezone an area, according to the Revised Statues of Missouri (RSMo). RSMo 89.010 thru 89.140. The Independence City Charter Article 11 and the Independence City Code Chapter 14 (a/k/a “The Unified Development Ordinance”).
• All enforcement of the overlay, as well as enforcing the city policies and procedures regarding building and permitting, will remain with the City of Independence.
• The WCIOD expands property owner rights by permitting Accessory Dwelling Units or the building of new homes under 1,000 square feet.
• The WCIOD will protect the neighborhood from predatory uses like short-term loan services, bail bonds or tow lots. 
• The WCIOD does not force any property owners to make any changes to their properties.

An accessory dwelling unit (ADU) is a small secondary housing structure located on the lot with a larger primary dwelling. They are often called by many names such as a granny flat, carriage house, backyard cottage, and in-law suites. 

ADUs are distinguished from other types of accessory buildings in that they must have a separate kitchen, living space, and entrance from the main house.

Adding smaller homes and structures to the Englewood area would revitalize and reinvest in existing neighborhoods while gently increasing density. 

More than 20 communities in our area allow ADU’s including Belton, Blue Springs, Grandview, Harrisonville, Kansas City, Missouri, Lee’s Summit, North Kansas City, Parkville, and Raymore.

Setbacks, easements, and parking requirements will physically limit the number of properties that will be eligible to apply for approval to build an ADU. Additionally, the property owner is the ultimate decision-maker when it comes to whether they want an ADU to be built on their property.

• Detached Accessory Dwelling Units only allowed.
• Minimum/Maximum size limitations. The ADU cannot be smaller than 300 square feet nor larger than 1,000 square feet. However, an ADU larger than 900 square feet can seek a special use permit.
• Maximum number of ADUs. The maximum number of ADUs is limited to 1 per lot. It would allow more than 1 ADU on a larger lot but only with the approval of a special use permit.
• Requires a minimum separation from the primary residence.
• Requires minimum setback from property lines.
• Limits the maximum height to 35 feet.
• Requires 1 parking space for an ADU.
• Prohibits the sale of the ADU separately from the primary residence.
• Would only allow a bed and breakfast subject to approval of a special use permit.
• Requires the owner to live in either the primary or ADU.
• ADUs must be constructed meeting the latest adoptive version of the International Residential Code.
• Allows a home occupation in the ADU.
• ADUs are permitted on lots with a single-family residence and Residential Zoning.

Allowing ADUs is a housing strategy that aims to create additional affordable dwelling units, increase property values, and provide supplemental income for property owners. ADUs build on the traditional development form similar to that found in the West Central Independence area and promote the efficient use of land. 

Under the WCIOD, neighbors can file a letter of protest. 

• All contiguous property owners shall receive 15 days notice of the plan to build an ADU. 
• If more than 50% of contiguous property owners file a letter of protest with the City during the 15 day timeframe, the proposed ADU shall be treated under Section 14-912-02-D Special Uses.

The regulations provide affordable living options in prescribed areas while protecting the character and maintaining compatibility between uses. ADUs promote livable communities by:

• Providing convenient living arrangements and multi-generational housing options for the care and support of family members
• Promoting intergenerational wealth
• Enabling “aging-in-place” options for older residents
• Increasing affordable housing options
• Expanding the local property tax base.

Cities across the country (including Denver, Austin, Chicago, the City of Kansas City) have adopted zoning regulations that permit or encourage ADUs in residential areas.

A Cottage Neighborhood Cluster is a planned community, typically of owner-occupied homes, that consists of a grouping of 3-12 smaller square footage residences, often around a courtyard or common open outdoor space designed to maximize space and encourage time spent in a community space.

These neighborhoods are designed to:

• Encourage a stronger sense of community and security among nearby neighbors while preserving personal privacy
• Promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition, and individual needs; especially small households (one to three-person households)
• Seek to balance projected population growth with the community goal of preventing sprawling development and to this end examine opportunities to use land more efficiently for housing
• Encourage affordability, innovation, and variety in housing design and site development while ensuring compatibility with surrounding land uses;
• Encourage the creation of more usable space for residents of the development through flexibility in density and lot standards.
• Maximize resident/pedestrian-oriented outdoor spaces and minimize the impact of automobile traffic and parking.

Allowing a Cottage Neighborhood Cluster: 

• Encourages redevelopment of vacant and under-utilized properties within the Englewood area. 
• Meets many of the needs and strategies identified by the City through various plans, studies, and initiatives over the years while still fitting the characteristics of the area with its representative older, traditional urban development patterns.
• Promotes in-fill development, where appropriate, to support more compact urban housing.
• Promotes redevelopment that maximizes existing infrastructure.
• Encourages reinvestment in existing neighborhoods.
• Promotes a range of housing options.

The WCIOD outlines minimum site requirements, approval requirements, and design perimeters (e.g., minimum open space, front porches, street-facing facades, community amenities, parking, fences, etc.)

A development plan must be summitted to the City of Independence.  A Full Public Hearing is held by the Planning Commission, and it must be approved by the Independence City Council.  A legal protest can be submitted by a property owner.

Yes. Independence Power and Light staff reviewed the West Central Independence District Overlay plan, and stated there is more than enough power available for this District.  The infrastructure is already in place, meaning existing utilities can be accessed for new construction.

Development plans must be submitted to the City of Independence and are reviewed by all relevant City Departments, including Independence Power and Light, Municipal Services, and the Independence Police and Fire Departments.

It is a common land use planning tool used to create a special zoning "layer" placed on top of the base zoning district. |

The overlay allows Accessory Dwelling Units (ADU) with certain restrictions and would allow for Cottage Neighborhood Cluster after following the development plan process.  That process includes a Full Public Hearing by the Planning Commission and approval of the development plan by the Independence City Council.

Yes.  More than 20 communities in our area allow ADU’s including Belton, Blue Springs, Grandview, Harrisonville, Kansas City, Missouri, Lee’s Summit, North Kansas City, Parkville, and Raymore allow ADU’s.

Cities across the country (including Denver, Austin, Chicago, the City of Kansas City) have adopted zoning regulations that permit or encourage ADUs in residential areas.