When homeowners plan a change to their property, there are three determinations that must be made: Does it confirm with Kansas City’s zoning regulations? Does it conform with Amour Hill Homes Association’s covenants and other restrictions? Does it require a permit issued by Kansas City?

Does it conform with Kansas City’s zoning regulations?

Kansas City’s zoning regulations dictate things like how close structures can be built to the street, how tall fences can be, etc. A proposed project can seek a variance to zoning regulations through the Board of Zoning Adjustment (BZA), which is reviewed in a public meeting where feedback is accepted. Armour Hills Homes Association receives a copy of notices of BZA hearings to consider variance requests and publishes those notices and related project materials on the Armour Hills website. When appropriate, the Board of Directors of the Armour Hills Homes Association will provide the BZA with a position letter.

Current and past variance requests may be viewed here.

To report a violation of the zoning regulations, please contact FSR at 816-414-5300 or call 311 or visit the 311 website to file a complaint online.

Does it conform with Armour Hills covenants?

In addition to Kansas City’s zoning regulations, residential lots in Armour Hills are subject to Declarations of Restrictions, referred to as “covenants”, and other restrictions, contained in the relevant plat documents. These are private restrictions that are aimed at preserving and protecting the unique character of Armour Hills. While the restrictions are generally uniform for all homes, certain lots have unique restrictions. The Declarations of Restrictions and plat documents and homeowner resources for understanding the covenants and other restrictions are available for viewing here.

Homeowners are asked to provide FSR with drawings, site plans and other relevant information on their project to FSR, which, together with the Board of Directors, will review the project for conformity with the covenants and other restrictions. Drawings, site plans and other relevant information should be submitted as early in the design and construction process as possible to avoid delays and costs. If a project doesn’t conform with a covenant or other restriction, a forbearance request can be submitted to Armour Hills Homes Association for review by the Board of Directors, which may consider whether to forbearance in light of the considerations listed below.

To report a violation of the covenants, please contact FSR at 816-414-5300.

Does it require a permit?

Building and renovation activities in Armour Hills, starting with demolition, often require one or more permits under the building codes and ordinances of Kansas City, even if a resident will perform the work. If a contractor will be performing the work, Kansas City’s ordinances require that the contractor hold one or more licenses.

Kansas City provides numerous resources to understand the permitting process and how to apply online, available here. A business license search tool is also provided to find out if a contractor is licensed.

To report a violation of the permit or licensing requirements (whether a project has the proper permits can be determined by searching Compass KC,) please contact FSR at 816-414-5300 or call 311 or visit the 311 website to file a complaint online.

Considerations for Forbearance

One of the principal duties of the Armour Hills Homes Association is the enforcement of covenants and other restrictions. Thus, the presumption is that such restrictions will be enforced. However, upon request of a resident or upon its own initiative, the Board of Directors of the Armour Hills Homes Association may forbear from enforcing a restriction. Such forbearance will take into consideration the following factors:

Consistent with Neighborhood Character: Will the nonconformity with the covenants be consistent and compatible with the character of the resident’s home and Armour Hills, especially the adjacent and surrounding areas, including, in the case of the alteration or proposed alteration of a home, with respect to scale, design, and quality of workmanship and materials?

Feedback from Neighboring Homeowners: Is the overall feedback received from nearby homeowners in favor of covenant enforcement or granting a forbearance? In the case of the alteration or proposed alteration of a home, particular importance should be given to those homeowners whose access, view, amount of sunlight, and natural drainage may be affected.

Avoids Creation of Problematic Precedent: Although the decision to forbear from enforcing a covenant is specific to a property and the decision related to one property does not constitute binding precedent for a future decision related to another property, prior decisions often influence future decisions. See also the guidance below.

Nonconformity is Minor/Immaterial: Is the nonconformity minor/immaterial or is it substantial in relation to the covenant or other restriction or the impact to nearby homeowners? Any relevant, existing nonconformity should be aggregated with the potential additional nonconformity to determine whether the overall nonconformity is minor/immaterial or substantial.

No Forbearance Creates Homeowner Hardships: Will enforcement of the covenant or other restriction with respect to the nonconformity cause the homeowner to suffer undue and unavoidable hardships or practical difficulties? See also the guidance below.

These factors are not exclusive and serve only to assist the directors in making a decision. Directors should consider any other factor or circumstance that he or she believes to be relevant and important in arriving at a decision with respect to the forbearance request. In general, however, directors should not give weight to the following, given the problematic precedent that can be created:

  • Existing nonconformities elsewhere in Armour Hills, unless they have been reviewed by the Board of Directors of Armour Hills Homes Association and a forbearance has been granted
  • Hardships or practical difficulties created by actions/inactions of the homeowner or contractor (e.g., commencement of the proposed alteration project prior to submitting a request for and the granting of a forbearance or are inherent characteristics of Armour Hills generally applicable to other homeowners (e.g., size of homes in Armour Hills)
  • Variance decisions by the Board of Zoning Adjustment of Kansas City, Missouri, although zoning nonconformity and staff reports should be considered

It should be noted that a forbearance of enforcement by the Armour Hills Homes Association will not constitute a waiver of the right to do so thereafter and will not prevent an owner of a lot in Armour Hills from enforcing a restriction in the owner’s own name.