Coleman Highlands Single Family Ordinance
The current Coleman Highlands Single Family Ordinance (#030221) was passed by the City Council on March 6, 2003 and went into effect on December 6, 2003 for a period of twenty years. The ordinance will expire on December 6, 2023.
The Single Family Ordinance creates a special benefit district that condemns all uses in the benefit district to single family use. Per the ordinance, the only method by which a use other than single family would be legal would require that a majority of the property owners petition the City Council to nullify the ordinance. The City Council would then have to determine the validity of such petition and then vote to nullify the ordinance. Any property owner who feels they have been damaged by the ordinance has the right to sue the City for damages. In the event someone sues for damages, the case is tried in Circuit Court before a freeholders jury (jury panel with expertise in real estate). Any damages awarded by the Court are paid by the property owners in the special benefit district.
The Coleman Highlands subdivision was incorporated in 1907. On September 25, 1908, building restrictions limiting the use of property to detached residences was placed on each and every lot in Coleman Highlands. These restrictions were for a period of fifteen years, with an expiration date of July 1, 1923. On May 22, 1923, two weeks before the City's General Zoning Ordinance was adopted, the residents of Coleman Highlands persuaded the City to pass what is known as the Coleman Highlands Single Family Ordinance. The original ordinance was for a period of twenty years. Every twenty years since then, the ordinance has been renewed for further periods of twenty years each.
In 1963, the ordinance was allowed to lapse for a period of some seven months before it was renewed. A small number of homeowners sued for damages, claiming that they had been damaged by not allowing a multi-family use (at this time the zoning was R-2 in the neighborhood). They were awarded a total of $37,000 in damages, which was paid by the homeowners in the special benefit district.
In 1983, upon renewal of the ordinance, two homeowners sued for damages. The freeholder's jury awarded the homeowners damages of approximately $50,000. Via a summary judgement, the Circuit Court judge ruled that the two homeowners were not entitled to damages. This Circuit Court ruling was appealed, ending up with the Missouri Supreme Court, which upheld the lower court's ruling of no damages.
In 2003 the ordinance was renewed for an additional twenty years to December 6, 2023. In excess of 80% of the property owners in the Coleman Highlands subdivision signed petitions in support of the renewal of the ordinance, with less than 2% of the property owners not supporting the ordinance.
The specific strength of the ordinance is that the City has no authority to change land uses in Coleman Highlands or to grant a variance that would permit any non-conforming land use. We, the property owners of Coleman Highlands, control the land uses in our neighborhood. Considering the fact that the Coleman Highlands subdivision was not zoned single family (R-1) until 1976 and is surrounded by commercial, industrial, and multi-family uses, there can be no doubt that the Single Family Ordinance is the reason Coleman Highlands has maintained its single family character for the past 103 years.
Coleman Highlands stands alone as the most unique and most stable urban neighborhood in Kansas City. Coleman Highlands' owner-occupancy levels, property maintenance standards, property values, and residents are unparalleled in comparison to any other neighborhood in Kansas City. No other neighborhood in Kansas City has the diverse make-up and continued stability that Coleman Highlands has displayed over the years. Our diversity includes people from all walks of life and a total mix of ethnic and racial backgrounds, all with a common desire to reside in, and maintain, a stable neighborhood with a high quality of life.
The Coleman Highlands Single Family Ordinance has been, and will continue to be, the principal factor in maintaining the high quality of life in our neighborhood.