1. 1. Words used in the present tense include the future.
   2. Words in the singular number include the plural number, and words in the plural number include the single number.
   3. The phrase “used for” includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for".
   4. The word "applicant" includes the words "developer" and "subdivider".
   5. The words "will", "will not", "must," "must not" or "may not" are mandatory.
   6. The word “and” is construed to include all connected items in a series or set of conditions or provisions. 
   7. The word “or” is construed to include one or more of the items in a series or set of conditions or provisions, unless the context clearly indicates otherwise.
   8. The word "may" is either permissive or is used to express possibility. For example, in the sentence "the developer may build as close as 8 feet to the property line" the word is permissive; in the sentence "the City may require the dedication of easements" the word indicates a possible action.
   9. The word "person" includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
   10. The word "City" means the City of Manhattan, Kansas.
   11. The word "County" means Riley County or Pottawatomie County, as applicable.
   12. Unless otherwise specified, all distances will be measured horizontally.
   13. Where this Chapter references a local, state, or federal regulation or publication, the reference is to the most recent edition or version, unless otherwise noted. If the referenced document has been repealed and not replaced by other regulations or publications, requirements for compliance are no longer in effect.
   14. Where a provision of this Chapter conflicts with another provision of this Chapter, the stricter provision controls.
   15. The use of the terms “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
   16. The time in which a person must complete an act is computed by excluding the first day and including the last day. In computing work days, Saturdays, Sundays or holidays that the City observes are excluded. A day concludes at the close of business, and any materials received after that time may be deemed to have been received the following day. 
   17. Any provision that authorizes City staff to perform an act or duty is construed as authorizing the named official to delegate that responsibility to a designee.
   18. If there is a conflict between the text of this Chapter and graphics, tables, or other illustrative material, the text prevails. If there is a conflict between a table and a graphic, the table prevails.

2. Other Words or Phrases. Any word or phrase defined in this Article, or elsewhere in this Chapter, has the meaning as so defined whenever the word or phrase is used in this Chapter, unless such definition is expressly limited in its meaning or scope.

1. A.
   Front Lot Line. The line separating a lot and public street right-of-way or a travel easement.

   1. 1.
      For an interior lot, it is the lot line separating the lot from the street right-of-way or easement.
   2. 2.
      For a corner lot, it is typically the lot line abutting the public street or travel easement that the front door faces. The Zoning Administrator may determine a different front lot line based on factors like address or topography.
   3. 3.
      For a multiple-frontage lot, it is the lot line separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification or, in unique cases, the front lot line will be determined by the Zoning Administrator or as may be noted on the final plat.
2. B.
   Rear Lot Line

   1. 1.
      For a square or rectangular lot, it is the lot line opposite the front lot line, except in the case of a corner lot, which has no rear lot line.
   2. 2.
      For a three-sided lot, it is an imaginary line within the lot, 10 feet long, parallel to and farthest from the front lot line.
   3. 3.
      For any other type of lot, it is the furthest lot line or lines opposite the front lot line, including any contiguous line adjoining it at an angle of less than 45 degrees.
3. C.
   Side Lot Line. Any lot line that is not a front lot line or rear lot line. 

   1. 1.
      Interior. A side lot line abutting the side or rear lot line of an adjacent lot, or alley if perpendicular to a front lot line.
   2. 2.
      Street. A side lot line on a corner lot abutting a public street right-of-way or travel easement, other than an alley.

(Ord. No. 7627, 02/07/2023; Ord. No. 7677, 12/05/2023) 

• Include any structure under a roof when calculating coverage.
• Do not include trellises or similar structures with open sun baffles or shades.
• Do not include the portion of any uncovered and unenclosed deck, porch, landing, balcony, planter, or stairway with a floor that is less than 36 inches above grade.

1. A.
   Required Yard. The area between the lot line and the required setback in relation to that lot line. This includes front, side, street-side, and rear yards.
2. B.
   Front Yard. An area that extends across the full width of the lot between the front lot line and the required front setback line.
3. C.
   Interior Side Yard. A yard that extends from the front setback line to the rear setback line, located between the interior side lot line and the interior side setback line.
4. D.
   Street-Side Yard. A yard extending from the front setback line to the rear lot line, located between the street-side lot line and the street-side setback line.
5. E.
   Rear Yard. A yard extending the full width of the lot between the rear lot line and the rear setback line. For a corner lot, there will be no rear yard as defined, and in such case the sides opposite the street sides will be considered side yards for setback purposes.

Figure 26-10B-8 Yard

(Ord. No. 7677, 12/05/2023) 

1. A.
   Dwelling Units Per Acre. The number of dwelling units per acre of land (d.u./ac.). For example, 15 dwelling units on three acres is a density of 5 d.u./acre.

   1. 1.
      Gross Density (d.u./ac.gr.). The number of dwelling units on a given development area, including the adjacent halves of any rights-of-way bounding or abutting the development area, and all rights-of-way interior to the development area.
   2. 2.
      Net Density (d.u./ac.nt.). The number of dwelling units on a given development area less any adjacent or interior rights-of-way.
   3. 3.
      Calculating Permitted Density. Unless otherwise specified, all prescribed density minimums or maximums in this Chapter are measured in gross density.
2. B.
   Lot Area Per Unit. The amount of lot area required for each dwelling unit on the property. For example, if a minimum lot-area-per-unit standard of 1,000 square feet is applied to a 6,250-square-foot lot, a maximum of six dwelling units would be allowed on the property.
3. C.
   Density Control. The two types of density control are inversely related. A unit-per-area factor of 43 d.u./ac. is equal to an area-per-unit factor of 1,000 sq. ft./d.u.

Figure 26-10B-10 Gross and Net Density

(Ord. No. 7627, 02/07/2023) 

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7804, 12/16/2025)

(Ord. No. 7804, 12/16/2025)

(Ord. No. 7627, 02/07/2023)

• the overflow of waters normally confined between the banks of a stream or other water course;
• the unusual and rapid accumulation of runoff of surface waters from any source; or
• the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above.

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure.”

(Ord. No. 7627, 02/07/2023) 

(Ord. No. 7715, 09/17/2024)

(Ord. No. 7677, 12/05/2023)

• Canopy Fascia Sign: A sign mounted flush against the vertical plane of a canopy fascia. In no case may the sign project beyond the perimeter of the fascia it is attached to.
• Spanner Board Sign: Signs mounted flush against the vertical plane of a spanner board and in no case projecting beyond the perimeter of the spanner board. A spanner board is a structural member extending between two vertical support poles of the gasoline island canopy and permanently mounted to the poles at a height above the gasoline pumps and below the gasoline island canopy.
• Sign Board Sign: Signage located on sign boards that are permanently mounted on the canopy support poles at a height above the gasoline pumps and below the gasoline island canopy.

(Ord. No. 7649, 06/06/2023)

(Ord. No. 7715, 09/17/2024)

(Ord. No. 7715, 09/17/2024)

• Amateur radio operators' equipment licensed by the FCC.
• Any satellite earth station antenna two meters or less in diameter which located in an area designated for commercial or industrial uses.
• Any non-commercial satellite earth station antenna.
• Wireless tele​​​​​​​communications towers with a height of less than 35 feet located on a gas or oil well pad, supporting only antennas that are solely used to transmit or receive information related to gas or oil well production.
• Meters that enable communication between the meter and the central utility system.
• Small cells and antenna systems mounted upon, or completely contained within, a residence or commercial operation for the sole purpose of improving wireless tele​​​​​​​communications services.

Differences between Abut and Adjacent

(Ord. No. 7753, 05/20/2025) 

(Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024)

(Ord. No. 7677, 12/05/2023)

(Ord. No. 7737, 01/14/2025)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7794, 11/18/2025)

(Ord. No. 7794, 11/18/2025)

(1) Prior to, or instead of, being sentenced to prison;

(2) as a conditional release prior to a hearing;

(3) as a part of a sentence of confinement of not more than one year;

(4) in a privately operated facility housing parolees;

(5) as a deferred sentence when placed in a facility operated by community corrections;

(6) as a requirement of court-ordered treatment services for alcohol or drug abuse; or

(7) as part of voluntary treatment services for alcohol or drug abuse.

Correctional placement residence does not include a single or multi-family dwelling or commercial residential building that provides a residence to staff and persons other than those described in (1) through (7).

As used in this Chapter, except in Article 26-6, Environmental Standards, means the construction of public infrastructure or buildings on improved or unimproved real estate.

As used in Article 26-6, Environmental Standards, means any man-made change to improved or unimproved real estate, including buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7737, 01/14/2025)

(Ord. No. 7627, 02/07/2023)

• Voltage is transformed from high to low, or the reverse;
• The type of current is changed;
• Current is gathered from distributed power generation facilities, such as wind turbines or photovoltaic panels;
• Current is switched to back-up lines; or
• Circuits are parallelized in case of failure.

• Permanent retail operations that are located outside of enclosed buildings, except nurseries.
• Agricultural equipment and building materials.
• Equipment rental where the equipment is stored, sold, or displayed outside.
• Heavy truck or recreational vehicle leasing or sales.
• Industrial or construction equipment leasing or sales.

(Ord. No. 7715, 09/17/2024)

(Ord. No. 7677, 12/05/2023)

• Agriculture implement sales and service
• Air conditioning, heating, and plumbing sales
• Boat sales (recreation equipment)
• Construction equipment sales, rental, and service
• Farming equipment and machinery
• Furniture upholstery
• Trailer rental and sales

Site improvement means any improvement made on a development site, including structures, signage, paving, and landscaping. 

1. A.
   Corner lot. A lot abutting two or more streets at their intersection. A lot abutting a curved street or streets is considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle less than 135 degrees.
2. B.
   Double-frontage lot. An interior lot that fronts on two streets that do not intersect at the boundaries of such a lot. Also called a “through lot” or “reverse frontage lot”.
3. C.
   Pad lot. A smaller-than-standard-sized lot situated within the lot lines of a parent parcel.
4. D.
   Flag lot. A lot that is characterized by a strip of land, not less than 30 feet in width, that provides access to the main portion of the lot. The main portion is the “flag”; the strip of land providing access/frontage is the “pole” of the flag lot.
5. E.
   Interior lot. A lot whose side lot lines abut other lots, not public or private rights-of-way, excluding alleys.

(Ord. No. 7737, 01/14/2025) 

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7677, 12/05/2023)

Small: 3–5 dwelling units

Medium: 6–17 dwelling units

Large: 18 or more dwelling units

(Ord. No. 7677, 12/05/2023; Ord. No. 7737, 01/14/2025)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7575, 05/17/2022)

• Jogging, cycling, tot-lots, fitness trails, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
• Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
• Other passive recreation-oriented areas, including picnic areas and community garden plots.

The phrase "outdoor recreation" does not include "commercial amusement, outdoor".

(Ord. No. 7753, 05/20/2025)

(Ord. No. 7737, 01/14/2025)

(Ord. No. 7627, 02/07/2023)

(Ord. No. 7677, 12/05/2023)

(Ord. No. 7627, 02/07/2023)

• Agriculture implement sales and service
• Air conditioning, heating, and plumbing sales
• Boat sales (recreation equipment)
• Construction equipment sales, rental, and service
• Farming equipment and machinery
• Furniture upholstery
• Trailer rental and sales

(Ord. No. 7737, 01/14/2025)

(Ord. No. 7737, 01/14/2025)

(Ord. No. 7677, 12/05/2023)

• Business property or supplies.
• Business inventory for sale or lease, except nursery plants.
• Raw materials or industrial inputs for processing.
• Appliances, machinery, vehicles, or other items to be repaired.
• Fuel stored in above-ground tanks.
• Construction materials and construction equipment.
• Landscape maintenance equipment.
• Recyclable materials.

The term does not include "outdoor display of merchandise," "salvage yards", or "hazardous materials or substances storage".

(Ord. No. 7677, 12/05/2023)

For floodplain management purposes, a structure is a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Structure” for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.

(Ord. No. 7627, 02/07/2023) 

Water treatment plant means a facility used for the storage and distribution of potable and gray water to customers.

Sewer treatment plant means a facility used for the treatment of industrial or domestic wastewater for sewer systems and for the reduction and handling of solids and gases removed from such wastes.