Coleman Highlands is a designated Historic District with a Single Family Ordinance. Full text of the Single Family Ordinance, Historic District Ordinance and Secretary of the Interior’s Standards for rehabilitation can be found at the end of this page.
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.
We live in an Historic Neighborhood and as such, any changes we make to the exterior of our homes and to our property must be submitted to the Historic Preservation Commission for approval prior to undertaking those changes.
Please fill out and submit a CERTIFICATE OF APPROPRIATENESS APPLICATION detailing your proposed changes or improvements. While the approval process is generally fairly swift, please allow up to a couple of months for your changes to be considered for approval.
The following information is directly from the City Planning & Development Commission’s website.
When your property has been designated as a historic landmark or as part of a historic district, the City Council officially recognizes that your property has special historical, cultural or aesthetic value and your property is an important part of Kansas City’s historical and architectural heritage. To help protect the city’s landmarks from inappropriate changes or destruction, the Landmarks Commission must approve in advance any alteration, reconstruction, demolition or new construction affecting the designated properties.
A historic district is an area of the city that has been designated by the City Council because it has a special character or a special historical or aesthetic interest which causes it to have a distinct “sense of place.” Each historic district represents at least one period or style of architecture typical of one or more eras in the city’s history.
If you do not know whether your property is an individual landmark or located within the boundaries of a historic district, contact the Landmarks Commission. You may also consult the list of properties on the Kansas City Register of Historic Places that is available from the Commission.
Historic districts range in size from small groups of historic properties to areas containing hundreds of properties. Union Hill, Rockhill and Pendleton Heights are examples of areas of the city that contain historic districts.
Yes. Every designated structure, whether it is an individual landmarks or a property in a historic district, is protected under the Landmarks Ordinance and subject to the same review procedures. If you want to perform restoration work, new construction, demolition, alterations to landscape plans or alterations to your property (with the exception of ordinary repairs), you must obtain the Commissions approval before you begin the work. This approval is called a Certificate of Appropriateness.
The Commission must review the proposed changes to your property to ensure the overall design is sensitive to the scale and character of the historic district and that the alterations will not detract from the special qualities of the surrounding properties in the district.If you apply to the Landmarks Commission to make changes to your property the Commission will take into account the fact that your property is a contemporary (non-conforming) structure. You will not be asked to alter your design to make it look “old-fashioned.” If you want to put in new windows, for example, you will not be asked to install multi-paned wooden windows if they did not exist before. Ordinary and necessary maintenance, which does not involve a material change such as replacing broken window glass or removing painted graffiti, does not require Commission’s approval. You can call the Landmarks Commission office at (816) 513-1500 to find out whether approval is needed for work you are considering.
To preserve a historic district’s special character, the Commission reviews changes to all buildings within its boundaries.
No. The Commission reviews only changes that the property owner proposes to make.
To help prevent “demolition by neglect,” whereby historic properties are allowed to deteriorate, the Landmarks Ordinance requires that designated property be kept in good repair and meet the minimum requirements of the Property Maintenance Code and any other regulatory codes. If you are interested in finding out about making repairs to your designated property, call the Landmarks Commission office at (816) 513-1500.
Yes. Even though the Landmarks Commission sends out annual notices, it will help the new owner to comply with the Landmarks ordinance.
Yes. You should inform each of your tenants that the property is in the Kansas City Register of Historic Places and subject to the provisions of the Landmarks Ordinance. The Commission must approve alterations in advance. If a tenant makes alterations without receiving Landmarks Commission approval before doing the work, the building owner and the tenant will be held responsible.
No. Landmark designation does not “freeze” a property or an area. Alterations, demolition and new construction continue to take place, but the Landmarks Commission must review the proposed changes and find them to be appropriate. This procedure helps ensure the special qualities of the designated buildings are not compromised or destroyed. In addition, new construction may occur when an owner of a vacant lot or building of no significance in a historic district wishes to construct a new building on the site. The Commission has approved such proposals when the design of the infill or replacement building was appropriate to the character of the historic district.
You may apply for a Certificate of Appropriateness to demolish a building on a designated property. In reviewing applications for demolition the Commission will consider the basis of the designation, whether demolition is necessary on the basis of economic hardship, the original purpose of the building, purposed for which it is adaptable, rate of return, rentals and other points, if presented in the application.
Members of the public are encouraged to contact the Landmarks Commission office to discuss questions or concerns about the effects of designation. The Landmarks Commission office provides information about the designation process, and answers questions about the designation process and performing work on designated buildings. If a building owner needs more information, a meeting at the Commission’s office can be arranged. The staff of the Landmarks Commission is experienced in working with owners to help them meet their practical needs while preserving the architectural and historic character of the city’s landmarks.
Yes. The National Register of Historic Places is a list of buildings and sites of local, state, or national importance. This program is administered by the National Park Service through the Historic Preservation Program, Missouri Department of Natural Resources. The National Register has no connection to the Landmarks Commission, although many properties listed on the Kansas City Register also are listed in the National Register. For information, contact the Missouri State Historic Preservation Office, Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176; Telephone (573) 751-2479.
Yes. The criteria for approving permits for work on properties owned by not-for-profit owners are the same as the criteria for work on other properties.
Limiting for a period of twenty (20) years the use, character and location of buildings and other improvements in a portion of Coleman Highlands, a subdivision in Kansas City, Missouri; creating a benefit district; providing for the bringing of condemnation proceedings and the assessment and payment of damages; and describing the method for initiating the repeal of this ordinance.
WHEREAS, Coleman Highlands is a subdivision in Kansas City, Jackson County, State of Missouri, described as follows:
A subdivision of the west half of the Southeast Quarter of Section 18, Township 49, Range 33, the plat of which was filed in the office of the Recorder of Jackson County, Missouri, August 19, 1907; and
WHEREAS, on September 25, 1908, building restrictions limiting use of property to detached residences were placed upon each and every lot in said Coleman Highlands, which restrictions were to expire on July 1, 1923; and
WHEREAS, Kansas City, Missouri, by Ordinance No. 45416, approved May 22, 1923, imposed for a period of twenty (20) years restrictions which did not permit the erection of any building except detached residences and outbuildings usually appurtenant thereto; and
WHEREAS, pursuant to the terms of Committee Substitute for Ordinance No. 7696, passed May 10, 1943, said area was restricted for a period of twenty (20) yeas in substantially the same manner as is provided in this ordinance; and
WHEREAS, pursuant to the terms of Committee Substitute for Ordinance No. 28961, passed December 6, 1963, said area was again restricted for a period of twenty (20) yeas in substantially the same manner as is provided in this ordinance; and
WHEREAS, pursuant to the terms of Ordinance No. 54760, as amended, effective December 6, 1983, said area was again restricted for a period of twenty (20) yeas in substantially the same manner as is provided in this ordinance; and
WHEREAS, all the buildings on the various streets in said Coleman Highlands are used exclusively for residential purposes and the overwhelming sentiment and belief of the property owners immediately interested, and of all citizens who desire to make Kansas City a good place in which to live, and of the Council are that the enactment and enforcement of this ordinance will enhance and stabilize the value and utility of each and every piece of property within the district herein described and will maintain property values for the purposes of public taxation and will promote the health and welfare of the City, as well as add to the beautification of the City and of said Coleman Highlands Addition; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That from and after the effective date of this ordinance and for a period of twenty (20) years thereafter, the lots, tracts and parcels of land in Coleman Highlands, a subdivision in Kansas City, Jackson County, Missouri, and described as follows:
A subdivision of the west half of the Southeast Quarter of Section 18, Township 49, Range 33, the plat of which was filed in the office of the Recorder of Jackson County, Missouri, August 19, 1907; and
except Lot 89, Lots 223 to 237, both inclusive, Lots 239 to 244, both inclusive, the north 25 feet of Lot 245, and all of Lot 311, shall be restricted in use in the following respects:
No house or buildings, other than single detached residences, each for the use of one family only, or for purposes that are incidental or appurtenant to residential uses, shall be constructed or used in whole or in part on any lot or any portion of a lot in said subdivision, and no such building shall be constructed on any tract of ground having a ground area of less than 6,000 square feet appurtenant thereto, and no buildings shall be built closer to the street line than the building line already established by users in said Coleman Highlands. No billboards shall be erected, maintained or used during that period within the said district. No gasoline tank or gasoline tanks used in connection with each other, having a capacity of more than one hundred gallons, shall be placed at one locality within the said district during said period, nor shall any gasoline filling station be erected or maintained within said district during said period.
Section 2. Inasmuch as the owners of property within the said district described in Section 1 hereof may claim that the enactment and enforcement of this ordinance will take or damage their properties for public use, all rights of the owners to use any of said private property within the district described in Section 1 hereof, contrary to the provisions of this ordinance, are hereby taken and condemned for public use, and just compensation and damages shall be assessed and paid for the taking of such property rights, all in the manner provided by Article VI of the Charter of Kansas City, Missouri, or as otherwise provided by law. Condemnation proceedings shall be begun in the Circuit Court of Jackson County in the first instance and prosecuted to final determination to ascertain and determine the compensation and damages, if any, which the several properties and the owners thereof, respectively, within the said district may sustain by reason of the enactment and enforcement of this ordinance, and for the assessment of benefits.
Section 3. The private property rights to be taken and condemned as aforesaid shall be paid for by special assessments on real estate and just compensation therefor shall be assessed, collected and paid as provided in Article VI of the Charter of Kansas City, Missouri. The special assessments to be made in payment for the private property rights taken or damaged in pursuance hereof shall be payable in one single payment as authorized in Section 159, payment at such time, in such manner and with such interest as is provided in Section 160 of Article VI of the Charter of Kansas City.
Section 4. The Council determines and prescribes the limits within which private property shall be deemed benefitted by the improvements herein proposed and may be assessed and charged to pay compensation and damages therefor as follows:
All of the area within Coleman Highlands, a subdivision of the west half of the Southeast Quarter of Section 18, Township 49 North, Range 33 West, according to the recorded plat thereof filed in the office of the Recorder of Jackson County, Missouri, August 19, 1907; except Lot 89, Lots 223 to 237, both inclusive, Los 239 to 244, both inclusive, the north 25 feet of Lot 245, and all of Lot 311,
Section 5. This ordinance may be repealed and shall only be repealed within said period of twenty (20) years upon the petition of a majority of the owners of private property abutting upon the streets and boulevards within said benefit district, and who shall be the owners of a majority of the front feet of private property abutting upon said streets and boulevards in the benefit district hereinabove stated; and such petition or petitions may be directed to the Council of Kansas City and it is hereby constituted as the sole authority to determine the sufficiency of such a petition or petitions.
Section 6. This ordinance shall be in effect notwithstanding any provision of Ordinance No. 45608, approved June 4, 1923, as amended, known as the Zoning Ordinance, and during the period while this ordinance is in effect, the restrictions provided in this ordinance may not be set aside under any provisions of the Zoning Ordinance, or any amendments thereto, including Chapter 80 of the Code of Ordinances.
Section 7. This Ordinance shall take effect December 6, 2003.
Sec. 2-911. Purpose of division; declaration of policy.
(Admin. Code 1967, § A6.120; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)
Sec. 2-912. Establishment; membership; term of office; vacancies.
(Admin. Code 1967, § A6.121; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 59558, 6-26-86; Ord. No. 64879, 12-14-89)
Sec. 2-913. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Historic, cultural, aesthetic or architectural significance means that quality present in buildings, structures, sites, objects and historic districts which displays the integrity of location, design, setting, materials, workmanship, feeling and association that reflect the community’s history, culture, aesthetic values and architecture, and that:
Historic district means buildings, structures, sites or objects as designated by the city council as together having particular historic, cultural, aesthetic or architectural significance and limited in size to that area reasonable for the proper identification and maintenance of the district; except that a district designated because of a common thematic element of historic, cultural, aesthetic or architectural significance need not be limited to such an area.
Historic landmark means any single building, structure, site or object designated by the city council as having particular historic, cultural, aesthetic or architectural significance.
(Admin. Code 1967, § A6.122; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)
Cross reference(s)–Definitions and rules of construction generally, § 1-10.
Sec. 2-914. Quorum; officers; meetings
(Admin. Code 1967, § A6.123; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)
Sec. 2-915. Powers and duties.
(Admin. Code 1967, § A6.124; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82)
Sec. 2-916. Procedures for designation of historic landmarks or historic districts.
(Admin. Code 1967, § A6.125; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 59559, 6-26-86)
Sec. 2-917. Certificate of appropriateness.
(Admin. Code 1967, § A6.126; Ord. No. 47821, 6-3-77; Ord. No. 54291, 10-28-82; Ord. No. 54613, 12-20-82; Ord. No. 56591, 9-8-84; Ord. No. 59560, 6-26-86; Ord. No. 59961, 10-2-86; Ord. No. 63625, 3-2-89)
Sec. 2-918. Violation of division.
It shall be unlawful for any person, firm, association, corporation or trustee, or any other person or entity, to fail to perform any act required in any provision of this division.
(Admin. Code 1967, § A6.127; Ord. No. 54291, 10-28-82)
Sec. 2-919. Penalty.
Upon conviction of violating any provision of this division, punishment shall be as provided in section 1-17.
(Admin. Code 1967, § A6.128; Ord. No. 47281, 6-3-77; Ord. No. 54291, 10-28-82)
(Admin. Code 1967, A6.129; Ord. No. 47281, 6-3-77; Ord. No. 54125, 7-1-82)
The Landmarks Commission uses the Secretary of the Interior’s Standards for Rehabilitation to evaluate the appropriateness of changes to historic properties. The Standards were developed by the National Park Service, U.S. Department of the Interior to address rehabilitation issues in a format that allows for their application to a wide variety of building types and styles. Because this particular set of Standards addresses Rehabilitation (rather than the more stringent categories of Preservation or Restoration) they provide latitude for the replacement of extensively deteriorated, damaged or missing features using either traditional or substitute materials. Rehabilitation also provides an opportunity to make possible an efficient contemporary use of a property through alterations and additions.
The Secretary of the Interior’s Standards for Rehabilitation are as follows: