This Division contains a number of definitions concerning development where there is a need to explain measurements.

1. Applicability. In the construction of this Chapter, the provisions and rules of this Section apply, except where the context clearly requires otherwise:

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 If the referenced document has been repealed and not replaced by other regulations or publications, requirements for compliance are no longer in effect.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.

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

Lot lines define the perimeter of a lot and separate one lot from any other lot and from the public right-of-way. Different types of lot lines are specified below. Refer also to Figure 26-10B-1.1, Lot Types.

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) 

The area of a lot in square feet or acres. It may also be termed “lot size”. This measure does not include adjacent rights-of-way or adjacent easements. For a flag lot, the area measure does not include the “pole” portion (see Figure 26-10B-1.1, Lot Types).

Frontage equals the sum of the lengths of all lot lines abutting a right-of-way or travel easement. For determining the front lot line in the case of corner or double-frontage lots, see Sec. 26-10B-2, Lot Line.

1. Depth. Measure lot depth along an imaginary straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. For lots with segmented (i.e., more than one) rear lot lines, measure to the point midway between where opposite side lot lines meet rear lot lines.
2. Width
   1. In the single‐family dwelling districts, lot width is measured by placing a rectangle along the minimum front building setback line. Where the setback line is curved, the rectangle is placed on the line between the intersection points of the setback line with the side lot lines. The rectangle must have a minimum width equal to the minimum lot width specified for the district in Division 26-2C, Residential Districts—Uses and Standards. The rectangle must have a minimum depth of 40 feet, or extend to the rear property line, whichever is less. The rectangle must fit entirely within the lot. See Figure 26-10B-5, Minimum Lot Width, below.
   2. In all other cases, measure lot width along an imaginary straight line drawn at right angles to the lot depth line between the side lot lines at the point where the required front setback line intersects the lot depth line.

Figure 26-10B-5 Minimum Lot Width

Calculate the percent building coverage on a lot by dividing the area of a building’s footprint, measured from the outer surface of the exterior walls or support structure, by the area of the lot, using the following standards:

• 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 setback is a prescribed minimum distance a building, structure, or feature has to be from a lot line and results in a line that runs parallel to the nearest lot line at a distance inward from it equal to the prescribed setback. Setbacks are named for their corresponding lot lines: front setback for front lot line, rear setback for rear lot line, etc. Building setbacks are measured to the building façade, not to the edge of the eaves.
2. A build-to line (or maximum setback) is a prescribed maximum distance a building can be from a lot line.
3. In some cases, there is a garage setback greater than the front building setback that reduces the building envelope in order to accommodate on-site vehicle parking without intrusion into the public right-of-way.
4. A continuous line connecting all setback lines defines the boundaries of the building envelope (also called buildable area) at ground level (see illustration at Sec. 26-10B-8).

Figure 26-10B-7 Setbacks

A yard is an unimproved, at-grade area between the lot line and the portion of the principal building that is closest to the lot line.

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) 

A block is a unit of land enclosed by streets or by a combination of streets, railroad rights-of-way, watercourses, or any other barrier to the continuity of development. In cases where the platting is incomplete or disconnected, the City or County Engineer will determine the outline of the block.

Density is a control unit and a metric of residential development. There are two types of density used in this Chapter.

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

1. Rounding Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, round up any fractional result that is 2/3 or higher to the next consecutive whole number. For example, if a minimum requirement of one tree for every 30 feet is applied to a 40-foot strip, the resulting fraction of 1.33 will be rounded down to one required tree. When the same is applied to a 50-foot strip, the resulting fraction of 1.67 will be rounded up to two required trees. See also Subsection 26-7B-2D for rounding parking requirements.
2. Rounding Maximum Amounts. When a regulation is expressed in terms of a maximum amount or size, round down any fractional result to the next lower whole number. For example, if a maximum of one dwelling unit for every 3,000 square feet is applied to an 8,000-square-foot site, the resulting fraction of 2.67 will be rounded down to two dwelling units.

(Ord. No. 7627, 02/07/2023) 

1. Measured in Feet. When measured in feet, building height refers to the vertical distance between the average finished grade along the wall facing the front street yard at the base of the building and:
   1. The highest point of the coping of a flat roof;
   2. The deck line of a mansard roof; or
   3. The average height level between the eaves and ridge line of a gable, hip, or gambrel roof. In the case of fences or walls, other than retaining walls, measure height on the side with the least vertical exposure above finished grade to the top of the fence or wall.
2. Measured in Stories. In measuring the height of a building in stories the following measurement rules apply:
   1. A half-story or penthouse, when designed for dwellings or primary occupancy, is counted as a full story, unless otherwise noted.
   2. A basement will be counted a full story when three feet or more of the exterior wall of the basement extends above the ground directly abutting such wall.
   3. A balcony or mezzanine will be counted as a full story when its floor area is more than a third of the total area of the nearest full floor below it.
   4. In specific districts that regulate building heights to the half-story, the following will apply. The portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level no higher above the floor than a distance equal to or less than half (≤ x/2) the floor-to-ceiling height of the story below (x) will be considered a half-story (see illustration in Fig. 26-10B-12.1).

Figure 26-10B-12.1. Determination of half stories

1. Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate lot line, edge of building, structure, storage area, parking area, or other object.
2. Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the shortest distance between the two objects.
3. Distance between Rights-of-Way. Measured from centerline of one right-of-way to the centerline of the other right-of-way.

Measurements of the dimensions of a landscaped area include only the area that is actually landscaped and not any other elements, such as protective curbs.

The façade area includes the area of the visible surface of a building from one perspective, not including pitched roofs.

Figure 26-10B-15 Façade Area

1. Gross floor area (GFA) is sum of all horizontal areas of every floor of every building on a lot in square feet. Measure gross floor area using the following standards:
   1. Measure horizontal square footage from the outside face of all exterior walls.
   2. Include cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures as GFA wherever at least seven feet are provided between the finished floor and the ceiling.
   3. Include horizontal areas void of actual floor space (for example, elevator shafts and stairwells). Do not include the protected upper floors of open atriums and foyers.
2. For purposes of calculating parking requirements, GFA includes the gross floor space devoted to the principal use and excludes the following:
   1. Space devoted primarily for storage purposes.
   2. Loading areas, including docks, ramps, and maneuvering space.
   3. Heating, air conditioning, or other kinds of mechanical rooms or areas.
   4. Foyers, stairwells, elevator shafts.
   5. Hallways in multi-tenant buildings.

Community Base Flood Elevation means either the FEMA Base Flood Elevation or, when designated, the Future Base Flood Elevation, whichever is greater.

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

Community Special Flood Hazard Area represents the combined extents of the standard FEMA Special Flood Hazard Area as well as those additional areas subject to inundation in Future Base Flood. It includes the FEMA Floodway, Zones A, AE, AH, AO and Zone X (Future Base Flood).

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

CSFHA means Community Special Flood Hazard Area

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

Compensatory Storage means an excavated, hydraulically equivalent volume of storage used to offset the loss of existing flood storage volume when fill, materials or structures are placed within a Community Special Flood Hazard Area.

Critical Facility means a structure used to house a function that is vulnerable or is deemed essential to the community by the Floodplain Administrator, including child and adult daycare facilities, nursing homes, schools, hospitals, fire, police and medic facilities and other uses as deemed by the Floodplain Administrator.

Development. See definition in Div. 26-10C. General. 

Dry Floodproofing means a combination of additions and/or adjustments of features to a building that eliminates or reduces the potential of flood damage by making the building watertight or substantially impermeable to floodwaters. Applications of dry floodproofing techniques must meet the requirements of the current FEMA Technical Bulletin for Non-Residential Floodproofing Requirements and Certification.

Dryland Access means a vehicular access route that is gravel, paved or concrete, at least 12 feet wide, which is above the Community Base Flood Elevation and connects a habitable structure to a public street that is elevated above the Community Base Flood Elevation.

Elevated Building means a non-basement structure built to have the lowest floor elevated above the ground level by solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls.

Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Floodplain Regulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA means the Federal Emergency Management Agency.

FEMA Base Flood means the flood, determined using land use conditions at the time of the Flood Insurance Study, having a one percent (1%) chance of being equaled or exceeded in any given year. This area is represented on the FIRMs as Zones A, AE, AH and AO.

FEMA Base Flood Elevation means the water surface elevation shown on the Flood Insurance Rate Map and in the Flood Insurance Study, having a one (1%) percent chance of being equaled or exceeded in any given year, determined using land use conditions present at the time of the study.

FEMA Flood Fringe is the land area located between the FEMA Floodway and the outer lines edges of Zone A, AE, AH and AO, as shown on the FIRMs.

FEMA Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the FEMA Base Flood, without cumulatively increasing the water surface elevation more than 1.0 foot. FEMA Floodway Lines are the lateral limits of the FEMA Floodway.

FEMA Special Flood Hazard Area is the land subject to a one (1%) percent or greater chance of flooding in any given year from a FEMA Base Flood. It includes the FEMA Floodway, and the FEMA Zones A, AE, AH and AO.

FEMA SFHA means the FEMA Special Flood Hazard Area

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

Flood Frequency means the average frequency, statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.

Flood Insurance Rate Map (FIRM) means the official map on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study means the official report provided in which the Federal Emergency Management Agency (FEMA) that examines, evaluates and determines of flood hazards and, if appropriate corresponding water surface elevations

Flood Protection Elevation means the elevation to which all structures located within the Community Special Flood Hazard Area must be elevated or floodproofed, if non-residential. Where the Future Base Flood Elevation is provided, the elevation will be that elevation plus one foot of freeboard. Where the Future Base Flood Elevation is not provided, the Flood Protection Elevation will be the FEMA Base Flood Elevation plus two feet of freeboard.

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

Flood-Resistant Materials means any building product capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. “Prolonged contact” means at least 72 hours and “significant damage” is any damage requiring more than low-cost cosmetic repair (such as paint). Examples of flood-resistant materials include concrete, stone, galvanized or stainless steel, or pressure-treated lumber.

Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

• 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.

Floodplain means the land area inundated by a flood of a given magnitude as determined by the Flood Insurance Study or by an approved Hydrologic and Hydraulic Study.

Floodplain Administrator means the person, agent, or their designees, who administers, implements, and enforces the provisions of Article 26-6.

Floodplain Development Permit means a signed document from the Floodplain Administrator, the City Engineer and Building Official, when applicable, authorizing development in a floodplain, including all necessary supporting documentation as required by permit application.

Floodplain Regulations means the official Flood Plain Regulations, as adopted by the City or County.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Freeboard means the height added to the Future or FEMA Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, blockage of bridge openings, and the hydrological effect of urbanization of the watershed.

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

Future Conditions Base Flood means the flood, that is determined using community-initiated study of flooding associated with future land use conditions, having a one (1%) percent chance of being equaled or exceeded in any given year, provided that the scenario has been designated by FEMA as a Zone X (Future Base Flood) on the FIRM or through subsequent amendments.

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

Future Base Flood Elevation means the water surface elevation shown in the Flood Insurance Study that corresponds to the flooding in a Future Conditions Base Flood scenario, as determined using the community-initiated study.

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

Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Letter of Map Amendment (LOMA) means an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation.

Letter of Map Revision (LOMR) means an official amendment to the current effective FEMA FIRM based on as-built conditions and/or more accurate data. It is issued by FEMA and may change FEMA Base Flood Elevations, the location of the FEMA Floodway Lines and/or the location of the FEMA Flood Fringe line.

Letter of Map Revision Based on Fill (LOMR-F) means a FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee means a manmade structure, usually an earthen embankment, floodwall, or a combination of both, that is designed and constructed to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Lowest Floor means the lowest floor of the lowest enclosed area which includes a basement or cellar. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Article.

Mean Sea Level means, for purposes of the National Flood Insurance Program (NFIP), the North American Vertical Datum (NAVD) of 1988 or other datum, which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced to.

National Flood Insurance Program (NFIP) means a federal program that provides insurance coverage for flood damage to qualified buildings in participating NFIP communities.

New Construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after April 1, 1982, the effective date of an initial Flood Insurance Rate Map and include any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after February 3, 2015, and includes any subsequent improvements to such structures

New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after February 3, 2015.

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

Non-Riverine Regulatory Floodplain means the mapped floodplain in areas without a defined river channel or course, usually due to stormwater ponding effects. Flood Zones associated with Non-Riverine Regulatory Floodplains include Zones AO and AH, as designated on the FEMA Flood Insurance Rate Maps.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or special flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Reach means a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.

Reasonably Safe From Flooding means base flood waters will not inundate the land or damage structures to be removed from the Special Flood Hazard Area (SFHA) and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Recreational Vehicle means a vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projections, designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Riverine Regulatory Floodplain means the mapped floodplains adjacent to a defined river channel or course. Flood Zones associated with Riverine Regulatory Floodplains include A, AE, AR and A99.

Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation or lot. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation of a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or to part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damage condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial Damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each flood event, on the average, equals or exceeds 25% of the fair market value of the structure before the damage occurred. The fair market value will be determined at the time of the individual flood events.

Substantial Improvement means any reconstruction, rehabilitation, repair of wear, addition, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure before the start of construction of the improvement. When the combined total of all improvements that alter the exterior perimeter of the structure after February 3, 2015 equals or exceeds 50% of a structure’s fair market value, that structure is considered a substantial improvement. The term includes repairs related to damages to a structure as defined as substantial damage, regardless of the actual repair work performed.

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) 

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Article is presumed to be in violation until such time as that documentation is provided.

Water Bodies means any natural or artificial collection of water, whether permanent or temporary.

Water Surface Elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), of floods of various magnitudes and frequencies in the floodplain.

Watercourse means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flow is in a definite direction or course. Water can flow either continuously or intermittently and has a definite channel, bed, and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wet Floodproofing means the permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by allowing water to enter the structure. Applications of wet floodproofing techniques must meet the requirements of the current FEMA Technical Bulletin for Wet Floodproofing Requirements.

Zone A means an area subject to flooding by the 1% Annual Chance Flood, as shown on the Flood Insurance Rate Maps, but no Base Flood Elevation has been determined.

Zone AE means an area subject to flooding by the 1% Annual Chance Flood, as shown on the Flood Insurance Rate Maps, where the Base Flood Elevation has been determined.

Zone AH means an area subject to flooding by the 1% Annual Chance Flood, as shown on the Flood Insurance Rate Maps, where the depth of flooding is between 1 to 3 feet (usually areas of ponding); and Base Flood Elevation has been determined.

Zone AO means an area subject to flooding by the 1% Annual Chance Flood, as shown on the Flood Insurance Rate Maps, where the depth of flooding is between 1 to 3 feet (usually sheet flood on sloping terrain), where the average depths of flooding and velocities has been determined. This flood zone is usually associated with flooding from alluvial fans.

Zone X means areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas with less than 1 square mile.

Zone X (Future Base Flood) means the flood risk zone that corresponds to the 1% annual chance flood that are determined based on future-conditions hydrology. No Base Flood Elevations or depths are shown on the FIRMs within this zone. The Base Flood Elevations are presented in the Flood Insurance Study.

Zone X Protected by Levee means an area protected by a levee from the 1% annual chance flood.

Alteration means any act or process that changes one or more of the architectural features of a site or structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

Certificate of Appropriateness means a certificate issued by the Historic Resources Board indicating its approval of plans for alteration, construction, removal, or demolition of a historic structure, historic site, or property within a historic district listed on the Manhattan Register of Historic Places.

Contributing Resource means a building, structure, object, or site within the boundary of a historic district that contributes to the significance and historic quality of the district as a whole because it is associated with the district’s period of significance and the factors that make the district worthy of preservation and has not lost significant historic integrity due to changes.

Criteria for Review means a standard of appropriate activity that will preserve the historic and architectural character of a historic structure, historic site or historic district.

Demolition means any act or process that destroys in part or in whole a historic structure, historic site, or a property within a historic district.

Historic District means an area designated as a "historic district" by placement on the Manhattan Register of Historic Places or by registration on the Register of Historic Kansas Places and/or the National Register of Historic Places, and which may contain within defined geographic boundaries one or more historic structures or historic sites that are united historically or aesthetically by plan or physical development.

Historic Site means the location of a significant event, a prehistoric or historic occupation or activity, or a building or a structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural, or archeological value, regardless of the value of any existing structure and is designated as Historic on the Manhattan Register of Historic Places, the Register of Historic Kansas Places, and/or the National Register of Historic Places.

Historic Structure means any structure, including a building, wall, fence, sign, billboard, shed, tower, or bin that is designated as historic on the Manhattan Register of Historic Places, the Register of Historic Kansas Places, the National Register of Historic Places, and/or is considered "contributing" in a historic district listed on the National Register of Historic Places, Register of Historic Kansas Places, or Manhattan Register of Historic Places.

Integrity of Design means the combination of elements that create the form, plan, space, structure, style, and regional character of a property as it was originally conceived. It includes such elements as organization of space, proportion, skill, technology, ornamentation, and materials.

Integrity of Materials means the physical elements that originally were combined to form a property. For a rehabilitated property to have integrity of materials, most of its historical materials must have been preserved; it must be an actual historic property, not a re-creation.

Integrity of Setting means the physical environment (including natural or manmade features) related to a property's functions, its significant role, or its design. Setting refers to the character of the place where a property played its significant role in history.

Integrity of Workmanship means the physical evidence of the crafts of a particular culture or people during the period in history or prehistory when a property was created.

Non-Contributing Resource means a building, structure, object, or site within the boundary of a historic district that does not contribute to the significance of the district because it is not associated with the district’s period of significance or the factors that make the district worthy of preservation, or it has lost significant historic integrity due to changes.

Airport means Manhattan Regional Airport.

Airport Hazard means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. § 77.21, 77.23, and 77.25, as revised March 4, 1972, and which obstruct the air space required for the flight of aircraft and landing or take-off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

Airport Elevation means the elevation in feet above sea level as identified on the Airport Layout Plan.

Airport Noise Exposure Zone is the area that contains the boundaries of the day–night average sound level (Ldn) 65 decibel noise contour.

Approach Surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach Zone is set forth in Sec. 26-3B-1, Airport Overlay (O-A) District.

Conical Surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Conical Zone is set forth in Sec. 26-3B-1, Airport Overlay (O-A) District.

Hazard to Air Navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height: For the purpose of determining the height limits in all zones set forth in this Article and shown on the Official Manhattan Regional Airport Zoning Map, the datum will be mean sea level elevation unless otherwise specified.

Horizontal Surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Horizontal Zone: The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each larger than utility runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

Primary Surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Sec. 26-3B-1, Airport Overlay (O-A). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway: A defined area on an airport prepared for landing and take-off of aircraft along its length.

Larger-Than-Utility Runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

Non-Precision Instrument Runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

Utility Runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures.

Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Non-Precision Instrument Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone extends outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

Precision Instrument Runway Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

Utility Runway Non-Precision Instrument Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone extends outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

Runway Larger Than Utility Visual Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

Utility Runway Visual Approach Zone: The inner edge of the approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

Transitional Surfaces: These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

Transitional Zone is set forth in Sec. 26-3B-1, Airport Overlay (O-A) District.

Transitional Zones: The transitional zones are the areas beneath the transitional surfaces.

Tree: Any object of natural growth.

Art means any painting, picture, drawing, sculpture or graphic engraving that is not a commercial sign.

Awning and Canopy Sign means a sign that is mounted, painted, or attached to an awning or canopy.

Commercial Sign means a sign that advertises a purchasable good or service.

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

Digital Animated Sign means a sign utilizing LED, LCD, plasma, projected images, or any functionally equivalent technology, that is capable of automated, remote, or computer control to display a series of still images, video, or full-motion animation, or any combination of these.

Digital Graphic Sign means a sign utilizing LED, LCD, plasma, projected images, or any functionally equivalent technology, that is capable of automated, remote, or computer control to display a series of letters, numbers, and/or still images.

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

Governmental Sign means a sign of a regulatory nature, which is installed, maintained, or used by the city, county, state, or federal government; and, a sign required or authorized for a public purpose under city, county, state, or federal government regulations.

Halo Lit Signs and Reverse Channel Lit Signs means a sign with a hidden internal illumination source located behind individually mounted letters and/or logos having opaque front faces and sides, and clear or no back faces, whereby the illumination is projected onto the mounting surface resulting in a halo effect.

Illuminated Sign means a sign utilizing internal or external lights, which make the message more readable, typically, but not necessarily, during hours of darkness.

Island Canopy Sign means a sign mounted permanently on or under a gasoline island canopy as follows:

• 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.

Marquee Sign means a sign that can include electronic or manual changeable copy sign components on the fascia of a projecting sign that is supported from a building, without pillars or posts, and extends beyond the building, building line, or property line. A sign attached to the bottom of the marquee structure will be considered a pedestrian sign.

Monument Sign means a freestanding sign that has a total height of six feet or less.

Moving Sign means a sign that includes motion, movement, or the illusion of movement. A moving sign also includes the display of any item as part of such sign, such that the item is displayed and placed in motion, movement, or creates the illusion of movement.

Off-Premise Sign. A sign directing attention to a specific business, product, service, organization, person, entertainment, event or activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property where the sign is located. Also known as a billboard, off-site advertising, or outdoor advertising sign.

Pedestrian Sign means a permanent, projecting sign that is oriented and scaled toward pedestrians.

Permanent Sign means a sign that is attached to a building, a structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of tools.

Political Sign means an unlighted sign which is not permanently affixed to the ground, a building or other structure, displayed during a period of time beginning 45 days immediately preceding any primary, general, or special election as defined by the Riley or Pottawatomie County Election Offices, and continuing until two days after such election.

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

Portable Sign means a sign not permanently attached to the ground or other permanent structure, designed to be moved from one location to another, including signs on wheels or with wheels removed, signs on legs or other framework designed to rest upon the ground or to be driven into the ground.

Projecting Sign means a sign, other than a pedestrian sign, which is attached to a building or wall and extends perpendicular at least 12 inches beyond the building or wall, or beyond the surface of that portion of the building or wall it is attached to.

Pylon Sign means a freestanding sign for which the support structure may or may not be visible or enclosed and has a total height greater than 6 feet.

Reverse Channel Lit Signs - see Halo Lit Signs.

Roof Sign. A sign which is erected, constructed, and maintained wholly upon or over the roof of a building and derives its principal support from the roof structure.

Sidewalk Sign. A self-supported portable sign that is not secured or attached to the ground or surface where it is located and that is placed upon a sidewalk within a public right-of-way.

Sign means any object, device, display, structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers, figures, design, symbols, fixtures, colors, or illumination.

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

Snipe Sign means a sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing on it is not applicable to the present use of the premises such sign is located on.

Spanner Board Sign means a sign that is mounted flush to a structural member extending between two vertical support poles of a gasoline island canopy and permanently mounted to the poles at a height above the gasoline pumps and below the gasoline island canopy.

Street Banner Sign means a Temporary Sign that is located across a public right-of-way.

Subdivision Entry Sign means a permanent monument sign located on private property within 20 feet of the right-of-way along the vehicular entrance to a residential, commercial, industrial, or mixed-use subdivision consisting of five or more lots.

Tablet Sign means a noncommercial sign carved into stone, concrete, or similar material or made of metal or other permanent type construction and made an integral part of a structure or permanently attached thereto.

Temporary Sign means a sign which is not permanently affixed to the ground, a building or other structure. As an example, temporary signs include banners, pennants, feather signs, and inflatables.

Tri-Vision Sign means an off-premise sign which consists of rotating, non-internally illuminated louver displays which accommodate three separate advertising messages per sign face, to be displayed one at a time on a schedule. Tri-Vision Signs can be a Monument or Pylon Sign, or located on a principal building façade as a Wall Sign.

Wall Sign means a sign fastened to or painted on a wall of a building or structure in such a manner that the sign is attached parallel to or flush against the wall such that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than 12 inches from such wall. Wall signs include signs incorporated into or onto a masonry wall or retaining wall.

Window Sign means a sign affixed to the exterior surface of a window.

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

Antenna means any structure or device used to transmit or receive electromagnetic or optical signals for television, radio, digital, microwave, cellular, telephone, personal communication system (PCS) or similar forms of wireless telecommunication.

Antenna, Amateur Radio means any antenna that either transmits or receives electromagnetic signals and is operated by a licensed amateur radio operator for use as part of the Amateur Radio Service.

Antenna Support Structure means any building or structure other than a tower or stealth monopole that can be used for the location of telecommunications facilities.

Collocation means locating wireless telecommunication facilities owned by more than one provider on a single antenna support structure, tower, or stealth monopole structure.

Fall Zone means the area on the ground within a prescribed radius, beginning from the base of a telecom structure or an antenna support structure, that may be impacted if a telecom structure fails or collapses.

Guyed Tower means a type of tower that is supported, in whole or in part, by guy wires anchored to any surface.

Lattice Tower means a self-supporting structure, erected on any surface, which consists of an open network of metal crossed strips or bars to support antennas and related equipment.

Monopole means a kind of freestanding tower that consists of one stem or pole, anchored to the ground, that supports antennas and any connecting appurtenances.

Pre-Existing Structure means any wireless communication facility that existed prior to the effective date of this Chapter or any wireless communication facility that existed outside the City limits either before or after the effective date of this Chapter upon land that was then annexed into the City limits.

Provider means an entity licensed by the FCC or a state agency to transmit or receive electromagnetic or optical signals for television, radio, digital, microwave, cellular, telephone, personal communication system (PCS) or similar forms of wireless telecommunication. A tower builder is not a provider.

Stealth means a method of designing, constructing, and/or locating any telecommunication structure to blend in with the character and environment of the area in which it is located, and to enhance compatibility with nearby land uses and the area by minimizing visual impacts, and incorporating the design principles for telecommunication facilities and towers.

Stealth Monopole means any monopole, 50 feet or less in total height, as measured from the ground, that incorporates stealth design principles camouflaging the structure as a tree, flagpole, or light pole.

Telecommunication Act means the Communications Act of 1934, 47 U.S.C. §§ 151 et seq., as amended, including the amendment known as the Telecommunications Act of 1996, and all future amendments.

Wireless Telecommunication Facility means any antennas, towers, stealth monopoles, and other support structures or equipment used to provide wireless telecommunications services. The term does not include:

• 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.

Telecommunication Structure means any tower, stealth monopole, or telecommunications facilities.

Wireless Communication Facility Modification means any physical change to any element of a wireless communication facility or pre-existing facility or structure that involves a bulk regulation.

Wireless Telecommunication Tower means a self-supporting lattice, guyed, or monopole structure that supports other wireless tele​​​​​​​communications facilities for providing personal wireless tele​​​​​​​communications services. The term does not include stealth monopoles, as defined herein, or amateur radio operators' equipment, as licensed by the FCC.

Tower means a self-supporting lattice, guyed, or monopole structure that supports telecommunications facilities for the purpose of providing personal wireless telecommunications services. The term does not include stealth monopoles or amateur radio operators' equipment, as licensed by the FCC.

Abandonment means to cease or discontinue a use or activity without the intent to resume, and an overt act or failure to act, but excluding temporary or short-term interruptions of a use, e.g., the change of tenancy or ownership, or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. A use is considered abandoned if the facts show the owner's intent to discontinue the use or activity and the discontinuance of the use continues for six months or more. Abandonment carries the implication that the user does not claim or retain any interest in the nonconforming use.

Abut means to touch along a border or, in commercial districts, across an alley right-of-way. It does not mean meeting at a vertex, as where two corners touch (see illustration below). 

Differences between Abut and Adjacent

(Ord. No. 7753, 05/20/2025) 

Access Aisle means a vehicular driving surface that provides direct access to parking spaces located in a parking lot.

Accessory Dwelling Unit (ADU) means a dwelling that is incorporated within the living area of a single-family residence, or in a detached building. An ADU includes permanent provisions for living, sleeping, eating, cooking, and sanitation.

Accessory Structure means a structure, other than a fence, that is detached from and accessory to a principal use and is subordinate to the principal structure or use, such as a garage, shed, or accessory dwelling. 

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

Accessory Use means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

Adjacent means two or more things touch, or two or more things are across a street, access, travel easement, or right-of-way from each other, other than a street designated “arterial” or higher. See illustration at abut.

Administrative Permit means a review process and approval by the Zoning Administrator, City Engineer, Building Official, or Floodplain Administrator, as described in this Chapter. The term is synonymous with "administrative application".

Adult Business means any establishment that meets any one of the criteria or definitions for “Adult Business” set out in Code of Ordinances Chapter 5, Article V, Adult Businesses, Sec. 5-58, Definitions.

Adult Day Care means any place or facility operating less than 24 hours a day, caring for individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional impairment, need supervision of or assistance with activities of daily living. This use follows the Kansas Department of Aging and Disability Services licensing requirements for "Adult Day Care" facilities.

Adult Home Care means any residence for not more than 12 adult individuals who need not be related within the third degree of relationship to the operator or owner by blood or marriage, who, due to functional impairment, needs personal care and may need supervised nursing care to compensate for activities of daily living limitations. This use follows the Kansas Department of Aging and Disability Services licensing requirements for "Home Plus" facilities.

Agricultural Product Sales and Service means those items produced via agriculture, such as foods, fuels, fibers and raw materials, along with the sales and services associated with such items.

Alley means a dedicated public right-of-way, other than a street, that provides access to abutting property.

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

Amphitheater or Outdoor Performance Venue means an open-air facility or building with tiers of seats for spectators used for sporting, performances, lectures, or other recreational or cultural events.

Annexation means the act or process of adding land to the City of Manhattan by an ordinance, a court order, or other legal action.

Animal Boarding, Grooming, Hospital, Kennel or Shelter means any establishment where animals are bathed, clipped, combed, cared for by persons who are licensed to perform veterinary care, or who are engaged in the breeding, buying, selling, trading, training or boarding of domestic pets.

Apartment means a dwelling unit within or attached to an apartment building or multiple-family residence.

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

Apartment Complex means two or more multiple-family dwellings on a lot or parcel.

Applicant means any person who applies for approval of an administrative, adjudicative, or legislative procedure. 

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

Application means an application and all accompanying documentation required by this Chapter for approval of all applicable administrative, adjudicative, and legislative procedures.

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

Architectural Features mean the physical elements of a structure or designed landscape which may include the setting, scale, detailing and decorative elements, size and shape of the structure/landscape or components of the structure/landscape (for example: roofs, cupolas, windows, doors, fireplaces, stairways, retaining walls, benches, lighting, paths, materials, textures, colors, and spaces).

Area, when used as a measurement, means the size of a tract of land, lot, building, development or sign, measured in square feet or acres.

Arena, Stadium, or Arts Theater, Indoor means a building with seats for spectators to view sporting, performance, or lecture events, movies, or other recreational or cultural events.

Assisted Living, Nursing, or Congregate Care means any place or facility caring for adult individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours a day, seven days a week, for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited. Generally, the skilled services provided in an assisted living facility is provided on an intermittent or limited term basis, or if limited in scope, a regular basis. This use follows the Kansas Department of Aging and Disability Services licensing requirements for "Assisted Living Facilities", "Intermediate Care Facilities for People with Intellectual Disability", "Nursing Facilities", "Nursing Facilities for Mental Health", and "Residential Health Care Facilities".

Automated Teller Machine or ATM is a kiosk with an interface that allows customers to complete basic banking transactions, such as withdrawing and depositing legal tender, without the aid of an in-person teller.

Automobile and Motorcycle Parts and Accessories means an establishment engaged primarily in the business of selling tires, batteries, wipers, and other automobile parts and accessories.

Automobile and Motorcycle Repair, Light means an establishment that is primarily engaged in one or more of the following activities: diagnostic service and tune-ups; installation or repair of air-conditioners, brakes, carburetors, electrical systems, fuel systems, generators, starters, and radiators; lubricating service; wheel alignment; the installation or repair of automotive glass; and the installation or repair of exhaust systems.

Automobile and Other Vehicle Sales, Rental, and Service means an establishment engaged in the retail sale, rental, and/or lease of new or used vehicles, in any combination with repair and maintenance services and the sale of replacement parts and accessories.

Automobile and Vehicle Wash means any area or business using self-service, in-bay automatic, or conveyor equipment for cleaning and washing motor or other vehicle types, whether as a part of another business operation (e.g., as an accessory use to an automobile fueling or charging station, automobile sales, rental, and service), or as a stand-alone operation, of any type, on a commercial basis. 

Automobile Repair, Heavy means the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Balcony means an unenclosed platform that projects from or recesses into the wall of a building a minimum of 2 feet, is surrounded by a parapet or railing on its open side(s), and is entirely supported by the building and/or columns. When such platform is both roofed and enclosed, it is considered interior space and is not a balcony.

Bank or Credit Union means any class of business that provides financial services and the transmission of funds, such as commercial banks, savings and loan associations, credit unions, brokerage offices, insurance companies, and real estate lending institutions.

Bar means a public drinking establishment which is licensed to sell either cereal malt beverage or alcoholic liquor for the consumption on the premises and which has more than 35 percent of its on premises sales, on an annual basis, devoted to alcoholic liquor or cereal malt beverages or a combination thereof. The term includes "tavern". A bar might also serve meals.

Batch Plant means a temporary or permanent manufacturing facility used for the production of asphalt or concrete, or asphalt or concrete products, used in the construction of a specific site project, and includes the stockpiling of bulk materials and equipment used in the batch production, but does not include the sale of finished asphalt or concrete products and does not include mining or extraction.

Bed and Breakfast Home means a private, owner-occupied, single-family residential dwelling containing no more than three guest sleeping rooms, providing accommodations and meals limited to transient overnight guests.

Bed and Breakfast Inn means a commercial business that is occupied by either the owner or a resident manager, and is operated in a residential building containing no more than nine guest sleeping rooms, providing accommodations and meals for transient overnight guests, and which may include meeting space and catered functions for non-overnight guests.

Benefit District means an area deemed by the Governing Body to be benefited by an improvement and subject to special assessment for all or a portion of the cost of the improvement (i.e. streets, water, sewage).

Beverage kiosk means a drive-through-only business selling coffee, blended drinks, and other beverages, but no alcoholic beverages. Pre-made foods, such as pastries or wrapped sandwiches, may also be served, but if heating, cooking, or other preparation is involved, or if there is indoor service and seating, then the use would be classified as a drive-through restaurant. The use may additionally provide walk-up service.

Bicycle Lane means a portion of the roadway, which has been designated by signs, striping, and/or pavement markings for the sole use of bicyclists.

Bicycle Parking Room means an enclosed or semi-enclosed, weather-protected facility that is inside the building it serves, is accessible to all the tenants, customers, or employees of the building, and is specifically designed and used for parking bicycles in parking spaces or racks.

Bicycle Route means a roadway designated to provide continuity and connectivity with other elements of a bikeway system. The bike route is usually distinguished only by signage.

Bicycle Parking Space means an area with minimum unobstructed dimensions of six feet by two feet by four feet (6’ L x 2’ W x 4’ H), designed for secure parking or storage of a bicycle, where the bicycle frame and both wheels can be conveniently secured to a stable metal frame (rack) permanently anchored to the ground or to a permanent structure with at least two points of contact with the bicycle frame, and which provides easy access without having to remove other bicycles.

Block. See Sec. 26-10B-9.

Block Front means the section of a block fronting on a street between two intersecting streets or other block boundary.

Board of Zoning Appeals (BZA) means the City of Manhattan Board of Zoning Appeals (BZA), which hears and decides appeals, variances, exceptions, and conditional uses.

Brick means a fired-clay architectural product laid up in small, individual units with mortar joints and with a veneer depth of at least 3 inches.

Broadcast Studio means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with outdoor broadcasting or receiving towers to receive and transmit broadcasting signals.

Bufferyard means an area with plantings and/or structures, situated between land uses to eliminate or minimize conflicts between them.

Buildable Area means the area of a lot remaining after all setbacks, easements, and restrictions of this Chapter have been deducted.

Building means any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.

Building Envelope means the area formed by the front, side, and rear building restriction or setback lines of a lot that the principal buildings must be located within.

Building Permit means an official document or certificate issued by the City which authorizes the construction or siting of any building.

Principal Building means the building on a given lot that the principal use is conducted in. In any residential district, the building containing one or more dwelling units is deemed the principal building.

Bus or Taxi Depot means a central facility where passengers and goods are loaded and unloaded onto, or from buses or taxis, and from which buses or taxis are dispatched, routed, and maintained.

Catering/Commercial Kitchen means a commercial facility, independent of a restaurant, equipped for the assembly, preparation, and delivery of food and beverages for off-site consumption or small-scale resale.

Campground means a plot of ground designed for the temporary (usually one night) use by travel trailers, recreation vehicles or tents. A campground supplies toilet and bathing facilities for the guests as essential characteristics.

Capital Improvements Program (CIP) means the process of budgeting for large-scale public expenditures, which are expected to have a relatively long life. The CIP usually involves an investment in land, buildings, roads and other public works, which produce public services or benefits. The City's CIP also includes expenditures for large, long-lasting pieces of equipment and studies or surveys that may be done by consultants.

Cemetery or Columbarium means land or a structure used or dedicated for the burial of the dead, including mortuaries, crematoriums, mausoleums, and necessary sales and maintenance facilities.

Certificate of Occupancy means a statement and/or certificate setting forth that a building or structure complies with this Chapter and the building code, and that the building or structure may be used for the purposes stated therein.

Child Care Center means a child care facility that is primarily designed, intended, or used for providing care for 13 or more children, for part or all of a day, away from the home of the parent or legal guardian.

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

Child care home means a child care facility in a dwelling that provides care for 12 or fewer children, for part or all of a day, away from the home of the parent or legal guardian.

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

Cluster Development means a pattern or design technique in which lots are grouped together, rather than spread evenly throughout a parcel (as in standard development), which may be due to site constraints or to integrate greenways and common areas throughout the development. Cluster development allows the remaining land to be used for recreation, open space, and the preservation of natural resources.

Cluster Development Illustrative

College, University, Vocational School means a community college, college, university, vocational/technical school, trade school, language school, business school, training center, cosmetology school, culinary school, and comparable advanced or continuing education facilities. The term does not include commercially provided personal instruction, such as music schools, fitness centers, sports instruction, swimming instruction, or martial arts instruction.

Commercial Amusement, Indoor means a use that provides indoor commercial amusement activities, such as movie theaters, bowling alleys, skating rinks, billiard rooms, video arcades, network computer gaming centers, and internet cafés, but does not include adult businesses.

Commercial Amusement, Outdoor means a use that provides outdoor commercial amusement activities, such as water parks, batting cages, miniature golf, golf driving range, go-cart tracks, and may also include an indoor video arcade, but does not include adult businesses.

Common Entrance means an entrance on the ground floor of a street-facing façade with access to a common entryway providing indirect access to multiple commercial, office, and/or dwelling units through a common area, foyer, lobby, or hallway.

Community Center means a public building operated by a municipality as a place of meeting, recreation, or social activity and not operated for profit.

Community Garden means a private or public facility for cultivation of fruit, flowers, vegetables, or ornamental plants by more than one person or family.

Comprehensive Plan means a long-range planning document that focuses on coordinated land use maps and policy statements of the community and the City Commission that interrelates all functional and natural systems and activities concerning the use of lands and the well-being of the community, including sewer and water systems, transportation systems, educational facilities, recreational facilities, food systems, and natural resources and air and water quality management programs. A Comprehensive Plan is adopted by the City Commission pursuant to state statutes and may be amended, as needed.

Condominium means a multiple dwelling or development containing individually owned dwelling units and an undivided interest in jointly owned and shared areas and facilities.

Conference and Convention Center means a facility designed to accommodate the public assembly of persons and used for seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption, typically for more than 250 people.

Construction means the act of erecting a new principal or accessory structure, or making an addition to an existing structure.

Construction Services means an establishment engaged in the retail or wholesale of materials used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, construction and trade contractors' storage yards, and public utility corporation storage yards.

Contiguous means next to, abutting; touching or connected throughout in an unbroken sequence.

Convenience Store means a small-scale retail use that sells groceries, retail items, and cooked food.

Convenience Store with Fueling means a small-scale retail use that sells groceries, retail items, cooked food, and has automobile fueling service, including electric vehicle charging.

Correctional placement residence means a facility that provides residential services for individuals or offenders who reside or have been placed in such facility due to any one of the following situations:

(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).

Cottage Home means a residential dwelling unit which contains 600 square feet or less of gross interior floor space (excluding lofts) and is secured to a permanent foundation within a Cottage Village.

County means the Pottawatomie County or Riley County, depending on the applicable jurisdiction 

Courtyard means an unenclosed space on private property open to the sky that is surrounded partly by a building and walls which is primarily landscaped with living plant materials and may integrate street furnishings.

Covenant means an agreement or promise to do or not to do a particular thing; to enter into a formal agreement, binding oneself in contract, which is either expressed or implied.

Restrictive Covenant means a private agreement between a prior landowner and a buyer (or transferee), that restricts the use of the land in some way. For example, restrictive covenants used in many subdivisions may limit the land to residential use with buildings of a certain minimum size and setback. Restrictive covenants generally "run with the land", meaning all future owners are bound by them.

Craft Production means the small-scale on-site production and sale of arts, crafts, food, beverages, or other type of product involving the use of small-scale equipment and/or hand tools instead of assembly line techniques. The limited scale of the activities and boutique nature of craft production establishments makes them compatible with retail sales and service uses. Examples of this use type include ceramic artists, glass artists, chandlers, jewelry makers, bakers, confectioners, butchers, cheese makers, coffee roasters, food production (including pickling and fermentation), brewers, beverage production, furniture makers, bicycle makers, instrument makers, clock makers, weavers, tailors, and cosmetics makers.

Crisis center means a facility and premises that is used for purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions. Except for residents of the center, functions do not include meal preparation, distribution, or service.

Cross Access means transportation access provided between the circulation areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.

Cultural Facility means an establishment such as a museum, art gallery, library, botanical and zoological gardens, and theaters of the performing arts.

Dedication means a conveyance of land by a private owner in the nature of a gift, grant or as required by regulation, and an acceptance of that land by or on behalf of the public (example: street right-of-way, utility easement).

Density. See Sec. 26-10B-10.

Department means either the Community Development Department of the City of Manhattan or the Planning and Development Department of Riley County.

Department Store means a large retail store that stocks a wide variety of consumer goods in different product categories, or departments, for sales purposes.

Detention Basin (Pond) means a storage facility for the temporary storage of storm water runoff. Usually the basins are planted with grass and may be used for open space or recreation in periods of dry weather.

Developer means the legal owner or owners of a lot or any land included in a proposed development, or the holder of an option or contract to purchase, or any person having the authority to submit an application for approval of a subdivision under this Chapter.

Development

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.

Dormitory, Fraternity, or Sorority means a building used as group quarters for students of a college, university, or vocational school who are residents of a public or private dormitory or are members of a fraternity or sorority that has been officially recognized by the college, university, or vocational school. Facilities feature multiple sleeping rooms and kitchen facilities or cafeterias shared by residents. Dormitories may also be accessory to a business establishment or research facility when housing employees of such use.

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

Drainage means the removal of surface water or groundwater from land by means of an inlet-and-piping system, swales and channels, site grading, or other means, which include runoff controls to alleviate flooding and to minimize erosion and sedimentation during and after construction or development.

Drainage Area means that area defined by a topographic boundary within which all of the surface runoff resulting from precipitation is concentrated and discharged into a common discharge point, such as a receiving storm inlet, culvert pipe or structure, channel, pond, or stream.

Drive-In or Drive-Through Facility means a business that provides service to customers in vehicles from a window or at a station.

Driveway means a vehicular travelway providing access from a public or private street to one or more lots, and may provide access to parking spaces. It may also be referred to as the "point of ingress/egress".

Driveway throat length is the distance from the outer edge of the travelway of the intersecting street to the first point along the driveway at which there are conflicting vehicular traffic or parking movements.

Drug Store or pharmacy means a facility where prescription medications, over-the-counter medicines, cosmetics, and other retail products are sold.

Dry Cleaning Establishment means any facility that uses a transfer machine, dry-to-dry vented unit, or dry-to-dry closed loop unit with chlorinated solvents to clean clothing or other materials.

Duplex. See attached single-family residence.

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

Dwelling unit means a single unit in a building providing complete, independent living facilities for one or more persons, including permanent provisions for living: sleeping, cooking, and sanitation. 

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

Earthen Berm means a natural or man-made mound of earth that is 30 or more than inches in height used to screen or buffer properties from adjoining uses, streets, highways, or to control the direction of surface water flows.

Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. The property owner retains title of the land under easement.

Eaves means the edge of the roof that overhangs the exterior walls, sometimes with exposed rafters.

Effective Date means the date that this Chapter first became effective.

Electric Vehicle Charging Station or EV Charging Station means a public or private standing space or parking space served by battery-charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric-powered vehicle. A station may be accompanied by a small pedestal, kiosk, or terminal that stores charging cables and has operational, informational, and payment functions.

Electrical Substation means a part of an electrical generation, transmission, and distribution system in which:

• 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.

Emergency shelter means a facility and premises that is used for purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions; meal preparation, distribution, and service; merchandise distribution; and temporary and/or transient shelter, including boarding and lodging facilities.

Engineer means any qualified, licensed engineer who specializes in designing and maintaining civil infrastructure, such as transportation, sanitary sewer, stormwater, communication, and water systems.

Equipment and Heavy Vehicle Sales, Rental and Service means retail and/or service uses that have regular outside service or storage areas, larger-than-average enclosed floor areas devoted to commercial use, or partially enclosed structures. The term includes, as examples, any of the following uses:

• 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.

Establishment means any legal use of land, other than residential, which involves the use of structures, subject to applicable zoning regulations and fire and building codes. For example, this definition includes businesses, factories, farms, schools, hospitals, hotels, motels, offices, and libraries.

Event Venue means a structure and/or the grounds of a property used commercially to hold events such as weddings, receptions, meetings, parties, concerts, or conferences for up to 250 people and may include accessory on-site preparation and consumption of food and beverages. 

Exception means an approved adjustment of some of the provisions of this Chapter by the Board of Zoning Appeals based on the standards of approval. See Sec. 26-9E-3.

Exterior Insulation and Finish System (EIFS) means a general class of non-load bearing building cladding systems that generally consists of an insulation board attached to the substrate, covered by a reinforced base coat, then finished with a protective coat. For the purpose of this Chapter, EIFS is not considered a stone, brick or masonry building material.

Extraction means a use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved site plan or subdivision or excavations associated with an agricultural use.

Fair Market Value or Market Value means an estimate of what is a fair, economic, just and equitable value under normal local market conditions.

Family means an individual or two or more persons related by blood, adoption, marriage, or guardianship, or not more than four unrelated persons operating as a single housekeeping unit. There will be a rebuttable presumption that five or more people living together as a single housekeeping unit are not a family.

Farm Stand means a stand where agricultural products or commodities raised on the premises are for sale.

Farmers Market means a common facility or area where producers or growers gather on a recurring basis to sell fresh fruits, vegetables, meats, beverages, and hand-made products directly to consumers.

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

Fence means a structure of metal, masonry, wood, or any combination of such materials, that rests on or is fixed in the ground and rises above ground level, and that is used for confinement, screening, landscaping, or partition. Within the city limits the term does not include retaining walls, barbed wire, or electric fencing. 

Fire Station means a facility where fire engines and other emergency response vehicles and equipment of a fire department are housed and maintained, which may include facilities for communication operations and housing and training personnel.

Food, Beverage, and Materials Processing means the transformation of raw ingredients into food, or of food products into other forms of food. The term includes the combination of raw food ingredients into a form that can be prepared and used by a consumer, involving activities such as brewing, distillation, vinification, mincing and macerating, liquefaction, emulsification, cooking, pickling, pasteurization, preservation, canning or packaging, but does not relate to harvesting, shipping, collection, or transportation of raw products produced by agricultural methods.

Fraternal Organization means a group of people formally organized for a common interest (e.g., culture, religion, or public service), with regular meetings and formal written membership requirements. This type of use is included in the definition of place of assembly.

Frontage means the length of a lot line or lines abutting on a street.

Frontage Road means a street running parallel to an expressway or arterial and serving as a means of vehicular and pedestrian access to abutting properties.

Funeral Home, Crematory, or Mortuary means a facility used primarily for human funeral services. Such building may contain space and facilities for embalming, preparation of the dead for burial, casket storage, crematory, and undertaking services.

Garage means an attached or detached accessory building used primarily for the parking of vehicles and also for storing other personal property.

Garden Center (Accessory) means an establishment where the primary use is general retail sales in the form of a department store, building center, or grocery, that includes an ancillary garden center where the sale of items typically found in a garden store is an accessory use of the establishment.

Garden Store (or nursery) means a retail establishment where the primary use is the retail sale of plants, garden equipment, soil, mulch, and other materials typically associated with a retail plant nursery.

Gas Station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing of automobile fuels, including electric vehicle charging. Accessory uses and services include sales of lubricants, tires, accessories, or supplies, minor vehicle repair, or a single-bay auto wash. Accessory uses do not include automobile wrecking, major automobile repair, parking or storing of vehicles for hire, or the operation of more than one towing vehicle.

Golf Course means a tract of land designed for the game of golf, including tees, fairways, greens, and hazards. Such use may also include a clubhouse, pro shop, golf equipment rental, and food services, including dine-in restaurant.

Governing Body means the elected City Commission of Manhattan or the Board of Commissioners of Riley County or Pottawatomie County. When reference is made to the Governing Body, it will apply to the appropriate body having jurisdiction over the land being developed.

Grain Elevator means a structure used for storing and discharging grain and containing equipment for conveying grain to the top of a storage bin or bins.

Greenfield development means development of land that has not been developed with urban uses or at urban densities before, but was farmland or grazing land or land in a relatively undisturbed natural state. 

Greenhouse or Nursery, Wholesale means the production, sale, and distribution of plants, or goods harvested from plants, in quantity, to retailers, contractors, or industry.

Grocery Store means any building where most of the gross floor area is devoted to the sale of food products for home preparation and consumption, but may also offer prepared food for on- or off-site consumption, and retail personal and household items, among many others. The term includes food stores that specialize in a small set of unprepared and prepared foods—such as meats, cheeses, spices—but does not include stores that sell prepared foods exclusively.

Gross Floor Area. See Sec. 26-10B-16.

Ground Floor means the lowest habitable story of a building, other than a basement.

Group Home means any dwelling occupied by not more than 10 persons, including eight or fewer persons with a disability who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this state.

Group Quarters means a residential facility in which multiple individuals, who are not necessarily related by blood or marriage, reside, and that is owned or managed by an entity or organization that provides residents with housing and/or services. Facilities typically have individual sleeping rooms with shared facilities for occupants, such as eating facilities and other common spaces. Examples include Dormitories, Fraternities, and Sororities as well as Group Homes and Assisted Living, Nursing, or Congregate Care.

Guarantee means a form of security, including a cash deposit, surety bond, or instrument of credit in an amount to completely construct or install a designed improvement. All guarantees must be approved by the responsible Governing Body wherever a bond is required by this Chapter.

Hardware Store means a facility selling tools, implements, and other items used in home life and activities such as gardening, home repair, plumbing, painting, auto repair, fasteners, building materials, hand tools, power tools, keys, locks, hinges, chains, plumbing supplies, electrical supplies, cleaning products, housewares, tools, utensils, paint, and lawn and garden products directly to consumers for use at home or for business, and may include specialty departments for hunting and fishing supplies, plants and nursery products, boating supplies, pet food and supplies, and farm and ranch supplies, including animal feed.

Health & Fitness Club or Health & Fitness Center means a facility used for exercise, fitness, sports, and sports instruction including martial arts schools, yoga studios, and dance instruction studios.

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

Heavy Retail means commercial and/or service activities that have outdoor service, sales, storage, and related higher intensity use characteristics and operations. Examples include:

• 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

Height. See Sec. 26-10B-12.

Heliport/Helistop means an area of land or water or a structural surface which is used for the landing and takeoff of helicopters, and any appurtenant areas which are used for fueling, maintenance, repairs, storage, buildings, and other heliport facilities.

Home Business means a business, profession, occupation, or trade conducted for gain or support entirely within a residential building, or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.

Home Furnishings, Appliances, and Electronics means a retail or service activity that is conducted indoors, where home furnishings, appliances, electronics, and/or home décor items are sold, and where appliance repair and installation services may be provided.

Home Improvement Center means a retail business that sells hardware, lumber, building materials, interior decorations, and other items for persons to make home improvements or repairs. The term includes specialty building material stores, such as lumber yards.

Hospital means any facility providing medical, psychiatric, dependency, or surgical service for sick or injured persons primarily on an inpatient basis, including on-going elder care, nursing home care, emergency treatment, diagnostic services, training, administration, and services to patients, employees, or visitors. The term does not mean alcoholism or drug rehabilitation facilities, nor does it mean medical offices.

Hotel or Motel means a building, a portion of a building, or a group of buildings used to provide sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, hostel, motel, motor inn, motor lodge, or otherwise.

Improvements means street pavement or resurfacing, curbs, gutters, sidewalks, waterlines, sewer lines, storm drains, street lights, street signs, flood control and drainage facilities, utility lines, trails, landscaping, and other civil infrastructure normally associated with the development or redevelopment of land into building sites.

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

Indoor Plant Agriculture means the large-scale production, sale, and distribution of plants and goods harvested from plants grown entirely within an enclosed structure, typically using artificial growing lights.

Infrastructure Design and Construction Standards (IDCS) is the generic term encompassing all standards for public improvements that are maintained and published by the City or County Public Works department, as applicable. They include standards/specifications for sewer, water, street, and other infrastructure. The term also includes transportation systems plans and guidelines, such as the Manhattan Area Transportation Strategy, Bicycle & Pedestrian Systems Plan, and Manhattan Mobility Manual. 

Kennel means any building or lot where five or more domesticated animals more than six months of age are housed, bred, boarded, trained, and/or sold.

Land Use means the occupation or use of land or water area for human habitation, recreation, commercial or industrial operations, or other similar purposes.

Land Use Action means a broad range of review and approval/denial actions covered in this Chapter, including building permits, subdivisions, conditional use permits, rezonings, and code amendments.

Land Use Application means a formal request for approval for a land use action.

Landfill or Transfer Station means an area of land or an excavation in which wastes are placed for permanent disposal. For the purposes of this Chapter, "landfill" does not include clean debris, e.g., dirt, trees, rocks.

Landscape Surface Ratio (LSR) means the ratio of pervious landscaped surface area to the total area of a developed lot or parcel. For the purposes of calculating the landscaped surface, the pervious surface may be covered with sod, mulch, rock, or another natural material.

Landscaping means a permeable ground space, raised or otherwise, consisting of living and maintained trees, shrubs, vines, lawn, ornamental grasses, ground covers, flowers, and/or other plants, and usually includes other landscaping materials, such as rocks or mulch. The term does not include areas that are devoid of living plants.

Library means a building or structure owned, operated, or occupied by a governmental agency, school, or charitable organization to provide literary, musical, artistic, and reference materials to the public.

Limited Use means a use that is allowed in a zoning district, subject to standards that mitigate its impact on other uses in the district or that prevent a concentration of the use in a particular area.

Liquor Store means an establishment licensed for the retail sale of packaged alcoholic liquor or cereal malt beverages for off-site consumption and has more than 35 percent of its on-premise sales, on an annual basis, devoted to packaged alcoholic liquor or cereal malt beverages.

Live/Work means a dwelling unit that provides space designed for one or more commercial or office uses allowed in the zoning district. Access between the dwelling unit and the commercial or office space is provided within the unit or from an exterior stairwell. A live/work unit may have up to three employees who do not live on the premises.

Livestock means domesticated animals raised to produce labor and commodities such as meat, eggs, milk, fur, leather, and wool.

Loading Space means an unobstructed, dust-free, hard-surfaced area entirely outside of any street right-of-way and is principally used for the standing, loading, or unloading of trucks and trailers.

Lot means a designated parcel, plot, tract, or area of land established by a subdivision plat to be used, developed, or built upon as a unit. A “lot of record” means a lot that is part of a platted subdivision that has been recorded in the Office of the Register of Deeds of Riley or Pottawatomie County, or a parcel of land, the deed to which was recorded prior to adoption of this Chapter.

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) 

Zoning Lot means a contiguous parcel of land that is designated by its owner or developer, at the time of applying for a building permit, as one tract, all of which is to be used, developed, or built on as a unit under single ownership. Under these conditions, a zoning lot may consist of a single lot of record, a portion of a lot of record, or any combination of lots of record and/or portions of lots of record.

Lot Line means the property line bounding a lot. For definitions of individual lot lines see Sec. 26-10B-2.

Lot Line Adjustment means the relocation of a common boundary line between two platted lots, by mutual agreement of the owners of the two lots.

Manhattan Urban Area means the area of jurisdiction for this MDC as established in the Interlocal Agreement, or as it may be amended. It is a combination of the incorporated area (the City of Manhattan), portions of the County that could be provided services (Urban Service Area), and those other County areas generally adjacent to the City or the Urban Service Area.

Manhattan Urban Area Planning Board means the Planning Board as established by the Interlocal Agreement between the City and County.

Manufactured Home means a dwelling unit constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, that is transportable in one or more sections, and which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle. When used in Article 26-6, the term includes "mobile home".

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

Manufactured Home, HUD-Code means a structure that is transportable in one or more sections, and which, in traveling mode, is 8 body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term includes any structure that meets all the requirements of this definition except the size requirements and, with respect to which, the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established by the International Residential Code (IRC).

Manufactured Home and Recreational Vehicle Sales means a facility or land where HUD-code manufactured homes and/or recreational vehicles are displayed and sold. Facilities are typically outdoors due to the scale and numbers of products that are on display.

Manufactured Home Park means a site developed with spaces for three or more manufactured homes and operated as a for-profit enterprise with water, sewer, and electrical services available. A manufactured home park is not a recreational vehicle park.

Manufacturing and Fabrication, General means uses whose primary activities include manufacturing or assembly of appliances, electronics, equipment, machinery, vehicles, pharmaceuticals and biological materials, or other items; newspaper or book publication; processing and packaging of finished food products; general production of final products and apparel and other similar uses.

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

Manufacturing and Fabrication, Heavy means uses whose primary activities include those of Manufacturing and Fabrication, General, and more intensive basic manufacturing and fabrication of products, including processing of minerals and chemicals; production and refinement of metals, cement, glass, lumber, pulp, paper, raw textiles; raw or whole food processing, such as meatpacking plant; dry cleaner processing plant; the creation of explosive or other hazardous materials, or similar uses.

Medical Clinics, Offices, Labs, and Urgent Care Centers means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including diagnostic services, treatment, training, administration, and services to outpatients, employees, or visitors. The term clinic includes immediate care facilities, where urgent care treatment is the dominant form of care provided at the facility, but does not include hospital, freestanding emergency medical care facility, or state-designated trauma center.

Mid-Rise means a building, typically over four stories, that primarily contains multiple-family dwellings but which may also have commercial uses.

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

Mixed Use means a development that consists of two or more different uses including one or more residential types, office, retail, public, or entertainment.

Mobile Home means a structure constructed prior to June 15, 1976, which is not subject to the Federal Act. A mobile home is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width and 36 body feet or more in length. It is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems. A mobile home is not a manufactured home, HUD code manufactured home, or recreational vehicle, as defined by this Chapter.

Model Home/On-Site Residential Sales Office means a permanent residential dwelling structure used as a demonstration home and/or a sales office in a subdivision in which the same or similar models of homes are being constructed.

Modular Home means a structure which has been assembled at a factory in partial or complete units. A modular home is different from a manufactured home.

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

Monument means permanent concrete or iron markers used to establish all lot lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in right-of-way alignment.

Multiple-Family Residence (MFR) means a building containing three or more dwelling units which typically share common entrances and/or other spaces. Often called an “apartment building”. There are three types defined by ranges of numbers of dwelling units:

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)

Municipality means any county, township, city, school district or other political or taxing subdivision of the State, or any agency, authority, institution, or other instrumentality thereof.

Natural Resource means existing natural elements relating to land, water, air, plant and animal life, including soils, geology, topography, surface and subsurface waters, wetlands, vegetation, and animal habitat.

Neighborhood Facility means a non-commercial accessory use, such as a health and fitness center, recreation hall, meeting room, or pool, intended for sole use of a neighborhood or apartment building residents and their guests. A neighborhood facility may be permitted as a stand-alone use in a neighborhood, within an apartment complex, or as an accessory use to an apartment building. As a stand-alone use in a neighborhood, a neighborhood facility may be owned, operated, and maintained by a group, such as a homeowners association, which also manages access to and use of the facility.

Nonconforming means a condition where an existing lot, structure, use, or site improvement does not conform to one or more of the regulations currently applicable  to the district  it is located in.

General Office means the office of an engineer, dentist, doctor, attorney, real-estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, coding, research, editing, or administration. This definition includes institutional office and government office. This also includes co-work space where multiple businesses use a communal office space and equipment on a temporary or full-time basis.

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

Institutional Office means offices, meeting rooms, laboratories, and other facilities for educational, fraternal, professional, religious, and research organizations and institutions.

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

Government Office means municipal or county offices, public safety facilities (e.g., police and fire stations), and service uses (e.g., government buildings, which may include areas of public assembly), and associated uses (e.g., utilities, infrastructure, and service facilities).

Official Zoning Map means the map showing the location and boundaries of the zoning districts established by this Chapter. This map is entitled the "Official Zoning Map of Manhattan, Kansas".

Open Space means land held in public or private ownership and which may or may not be available for public use. The land may be kept in its natural state for preservatory or protective purposes, or it may be developed for recreation trails or parks, or a combination of any of those purposes.

Outdoor Recreation means uses that provide active or passive outdoor recreation opportunities, including:

• 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".

Outlot means a plot of undeveloped land, sometimes without access to public roads, designated by a developer on a plat for future construction. Outlots may also be established when subdivided from a larger tract, typically on the edge of the tract, closer to a public right-of-way.

Overlay District is a designation shown on the Official Zoning Map and enumerated in Article 26-3, Overlay Districts, that adds restrictions, requirements, and/or allowances in addition to those restrictions, requirements, and/or allowances of the underlying zoning district.

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

Parent parcel means the lot or parcel from which individual condominiums, cottages, or pad lots are created, including the areas of shared common space or ownership.

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

Park and Recreation Facility means a public or privately owned area designated for recreational purposes, which may include playgrounds, green spaces, trails, shelters, sports venues, pools, cultural facilities, gardens, exercise facilities, zoological facilities, picnic facilities, assembly/event spaces, exhibition halls, or classrooms, and that may have accessory uses like maintenance facilities, storage facilities, utilities, and parking.

Parking Lot means an area of land, generally open to the sky, designed to accommodate the temporary or long-term storage of operable automobiles and light trucks, which may be independent of or accessory to a specific use. 

Parking, Off-Street means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicular access to a public street.

Parking Structure means a building with vertically stacked decks or a single elevated deck designed to accommodate the temporary or long-term storage of operable motor vehicles. It may be an independent structure or integrated into a building in part or in whole. This definition does not include tuck-under parking.

Parking, Tandem means a group of two or more parking spaces arranged one behind the other.

Parking, Tuck-under means a single-level parking lot, at-grade and/or sub-grade, which is partially or wholly located underneath a building.

Partition is a division of one lot into two lots that does not involve the construction of new streets, dedication or vacation of rights-of-way, public easements, or building setback lines, or extension of utility service lines.

Patio Home means a detached single-family dwelling unit (SFR-D) located on a single lot that has no or minimal setback along one side lot line and an increased setback along the other side lot line. 

Personal Instruction means an establishment primarily engaged in the provision of personal development instruction. Typical uses include: art and music schools, gymnastic and dance studios, hobby and craft instruction, sports training, martial arts, driving, and computer instruction.

Personal Services means an establishment providing often-recurrent individual services, such as barber shops, beauty salons, spas, massage, coin-operated laundromats, tattoo parlors, shoe repair, device repair, and tailoring.

Personal Wireless Telecommunication Services means any personal wireless service as defined in the Telecommunications Act, including FCC-licensed commercial wireless telecommunications services such as cellular, personal communications services, specialized mobile radio, enhanced specialized mobile radio, paging and unlicensed wireless services and common carrier wireless exchange access services.

Place of Assembly means an indoor place where people gather for civic or cultural purposes. The term includes place of worship, meeting hall, lecture hall, or fraternal organization, but does not include indoor recreation or commercial amusement.

Plat means a map or replat containing all the descriptions, locations, specifications, dedications, provisions, and information concerning a land division.

Portable Storage Container means a container that may be used to transport goods, but may then also be stationary on a single site for some period of time before or after transport.

Post Office means a public establishment for mailing packages and letters, that contains post office boxes, and commonly includes vehicle storage areas and mail sorting and distribution facilities.

Power Plant means an installation where electrical power is generated for distribution.

Private Club means a private, nonprofit association that gathers for social, educational, or cultural activities. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members. Examples include private, nonprofit meeting halls, clubs, associations, or nonresidential fraternal organizations, such as the Masonic, Eagles, Moose, and Elks Lodges, and the Lions and American Legion Clubs.

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

Product Assembly means the joining together of fabricated parts to create a finished product.

Plaza means an unenclosed gathering space on private property open to the sky, surrounded partly by a building, and that may have integrated landscaping and street furnishings. Ground space is primarily covered with patterned paving material.

Primary Façade means all exterior walls of the building that face towards the front lot line and, when viewed from the abutting street, constitute the front elevation of the building. In the case of a residential building on a corner lot, the property owner may designate which street the primary façade will face.

Principal Building means the main building on a property in terms of size, area, and function.

Principal Use means the primary use of land or a structure as distinguished from an accessory use. For example, a dwelling is a principal use on a lot in a residential zone, while a home business is an accessory use.

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

Property Owners Association (POA) means a private, nonprofit corporation or association of homeowners of properties in a fixed area, established for owning, operating, and maintaining various common properties and facilities.

Public Safety Facility (Police/Fire/EMS) means a building or structure owned, operated, or occupied by a governmental agency to provide public safety and emergency protection services to the public, including law enforcement/police stations, fire stations, and emergency medical service stations.

Public Works Facility means a facility owned and operated by a government agency for the purposes of providing a public utility such as water service, sanitary sewer, drainage, flood prevention, communication, transportation, and street construction/maintenance, which may include storage of vehicles, equipment, and materials as well as work space for personnel. This does not include water or sewer treatment plants or utility lift stations.

Recycling Collection and Processing means a facility or land use at which recoverable resources, such as newspapers, magazines, glass, metal, plastic materials, tires, and similar items, except hazardous waste and medical waste, are sorted, stored, flattened, shredded, dismantled, crushed, bundled, or separated by size, grade, quality, or type, into items to be recycled.

Redevelopment means any new construction on a site that has or had pre-existing uses. The term includes adaptive reuse, where older structures are converted for new uses.

Research Facility means a facility used primarily for applied and developmental research, where product testing is an integral part of the operation and goods or products may be manufactured as necessary for testing, evaluation, and test marketing.

Residential Building means a structure containing one or more dwelling units.

Residential Master-Planned Development is described in Sec. 26-2C-2, Residential Development Types.

Planned Development Illustrative

Resource Feature is landforms or vegetation in a relatively natural state, such as ravines, woodlands, and water bodies.

Restaurant, Brew Pub/Winery/Distillery means a facility that combines a restaurant use with the on-site production and packaging of beers, meads, hard ciders, and/or similar beverages, all of which may also be sold for off-site consumption.

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

Restaurant, Dine-In means an establishment that prepares and serves food and beverages including the types of business customarily referred to as cafeterias, cafes, coffee shops, and bistros.

Restaurant, Drive-Through means a facility that serves meals and beverages via drive-through service or carhop service, and that usually includes dine-in service.

Retail, General means a facility that provides the indoor sale or resale of general merchandise and that may seasonally provide outdoor service activities or sales in a garden center or outdoor seasonal sale area.

Retail, Heavy means commercial and/or service activities that have outdoor service, sales, storage, and related higher-intensity use characteristics and operations. Examples include:

• 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

Retention Basin means a pond, pool, or basin used for the permanent storage of water runoff (cf. detention basin).

Rezoning means an amendment to the Zoning Map.

Right-of-Way (ROW) means a strip of land acquired by reservation, dedication, prescription, or condemnation, that is intended for use as a public way and is represented on a plat, deed, or other conveyance. The ROW normally incorporates the roadway, curbs, parking lanes, tree lawns, sidewalks, lighting, drainage facilities, and other utilities.

Sales Lot means a paved area primarily used for the display, sale, and storage motor vehicles such as cars, trucks, vans, commercial vehicles, agricultural equipment/machinery, recreational vehicles, and other heavy retail such as boats, trailers, and construction equipment/machinery.

Salvage Yard means a yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing salvage or junk, upon which occurs one or more acts of buying, storage, dismantling, processing, recycling, selling, or offering for sale any such salvage, in whole units or by parts, for a business or a commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.

School means any public or private facility which conducts regular classes pre-Kindergarten through 12th grade, or any portion thereof, and which meets the minimum educational standards set forth by the State of Kansas. The term does not include Group Day Care Centers or College, University, Vocational School.

Screening means a method of visually shielding or obscuring one abutting or nearby structure or use from another by decorative fencing, densely planted evergreen vegetation, earthen mounds or berms, walls or a combination of these to reduce noise, offensive views, or heat.

Seasonal Outdoor Sales means the temporary outdoor sale or display of merchandise from private property, or the outdoor display or sale of goods, arts and crafts, plants, or other items, on a property where the zoning permits such sales and displays.

Security Guard or Night Watchman Residence means an on-site dwelling with a permitted principal use where a person or family resides as a live-in property manager, guard, or caretaker for the principal use.

Setback. See Secs. 26-10B-7 and 26-12B-8.

Shooting or Archery Range means an indoor area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting.

Shopping Center means a group of two or more commercial retail or other commercial establishments (e.g., restaurants, personal services, indoor recreation), which are planned and managed as a single property, with off-street parking provided on-site and loading and service areas that are separated from customer access.

Short-Term Rental (STR) means a legally established dwelling unit or portion thereof that may, in exchange for compensation, accommodate transient guests for less than 30 consecutive days.

Sidewalk means a paved area, generally parallel to, and usually separated from, the street, and used as a pedestrian walkway.

Sight Distance means the length of street measured along the centerline, which is continuously visible from any point 3 feet above the centerline.

Single-Family Dwelling means a permanent dwelling unit for one family.

Single-Family Residence, Attached (SFR-A) means two or more single family dwelling units constructed as one structure, which may have a lot line separating the dwelling units. Examples of attached single-family dwellings include duplexes, twin homes, and townhouses.

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

Single-Family Residence, Detached (SFR-D) means a dwelling unit, designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit.

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

Site Plan means a plan or drawing showing the location of buildings, parking, or other elements that is used for the issuing of approvals other than subdivision plans or land developments. Site plans cover a single land use issue. The drawings need to show sufficient detail to enable the Zoning Administrator to determine whether the standard requiring a site plan has been met.

Social Service means a facility where life counseling and the provision of public or privately available social assistance and services are available, which may also include a food pantry or shelter, provided directly to individuals or families in need.

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

Solar Array (also called "photovoltaic arrays" or "PV arrays") means an array of solar cells that convert energy from sunlight directly to electricity.

Spill-Out Zone means the area on private property located between a front building façade and the public right-of-way or pedestrian easement.

Stacking Space means a space that accommodates one passenger motor vehicle waiting in a queue to obtain a service or other activity.

Standard Development means a subdivision with a conventional street and lot layout that has a modest amount of common open space to provide for site drainage and areas for recreation and resource protection.

Standard Development Illustrative

State means the State of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.

Stone means natural stone or a manufactured cement-based architectural product made to match the appearance of natural stone, and laid up in small individual units with a veneer depth of at least two inches.

Storage, Bulk means the storage of materials or equipment used in production or other course of business for a period of more than 24 consecutive hours outside of an enclosed building. The term includes items that are comparable to any of the following:

• 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".

Storage, Hazardous Materials or Substances means a facility or yard where toxic, flammable or combustible, or other types of chemicals, liquids, solids, or gels are received by tank vessel, pipeline, railroad tank car, or tank vehicle, and are stored or blended in bulk for distributing such substances by tank vessel, pipeline, railroad tank car, tank vehicle, portable tank, or container.

Storage, Indoor means a facility for the keeping of possessions, belongings, goods, materials, equipment, and other items completely indoors. The term includes "self-storage".

Storage, Outdoor means a facility for the keeping of possessions, belongings, goods, equipment, and other similar items in an outdoor area. The term does not include bulk storage or hazardous materials or substances storage.

Stormwater conveyance system means a municipal storm sewer system, engineered open channel, and/or natural or naturalized drainage channel.

Stormwater management facility means improvements such as stormwater detention, retention, permanent stormwater quality best management practices (BMPs), level spreaders, drainage control structures, or other similar permanent measures employed to prevent adverse drainage impacts on adjacent properties.

Street means a right-of-way for public transportation for any and all modes of travel. Streets may also include on-street parking, street furnishings, and landscaping. Alleys are not considered streets. The functional classifications of streets include expressways, arterials, collectors, and locals, which are explained in the Manhattan Area Transportation Strategy.

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

Street-Facing Façade means all exterior walls of the building that face toward a lot line abutting a public street, excluding alleys, and, when viewed from the abutting street, constitute the elevation of the building. See also Sec. 26-10B-15.

Street Furnishing means outdoor benches, chairs, tables, umbrellas, waste and recycling receptacles, light posts, planters, art installments, bicycle racks, and bicycle pump stations.

Structure means anything constructed or erected with a fixed location on the ground or attached or resting on something having a fixed location on the ground. The following will always be considered structures: buildings, walls, signs, fences, and storage tanks.

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.

Studio or Gallery means a facility where artwork, photography, and recordings are displayed and/or created for public or private viewing or listening.

Subdivision means the division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels for the ultimate purpose of sale or building development. It may also mean the consolidation of more than one lot for the same purposes. Subdivision may also entail dedication, vacation, or reservation of streets, alleys, parks, and easements.

Temporary Use means a use that is established for a fixed time with the intent to discontinue such use upon the expiration of such time.

Trail means a surfaced path or travelway for pedestrians and/or bicycles, typically located largely away from public streets, and typically designed and intended for recreation, although some trails may also serve a transportation function. A "multi-use path" (MUP) is a paved trail that often parallels a public street designed to serve primarily a transportation function. A trail that passes through a linear conservation area, such as along drainage courses and streams, is typically called a "greenway".

Transportation System Facility means a facility that is used for the parking, storage, loading, off-loading, and maintenance of trucks, trains, buses, or airplanes, and for development and maintenance of transportation-related improvements, such as a rail yard, roadway construction yard, or shipping terminal.

Travelway means the facilities within a public right-of-way or a travel easement for any travel modes, including motor vehicles, bicycles, and pedestrians.

Tree, Overstory means any self-supporting woody plant with one well-defined trunk with a spreading crown that attains a height of at least 30 feet at maturity.

Tree lawn means the strip of landscaped land within the right-of-way, typically located between a sidewalk and the vehicular travelway. When there is no sidewalk, it's the right-of-way area between an adjacent property line and the vehicular travelway.

(Ord. No. 7627, 02/07/2023) 

Truck Stop means an establishment that is engaged primarily in the fueling, servicing, repair, or temporary parking of tractor trucks or similar heavy commercial vehicles, and which may include the sale of accessories and equipment for such vehicles, food services, and other trucking-related services.

Urban–Wildland Interface means an area where development and contiguous land meet, whether at a clearly defined or undefined boundary. The interface area is where combustible fuels, such as vegetation or other combustible materials, exist that have the potential to contribute to the intensity and spread of wildfire.

Utility means a public or private service that is of public consequence and need, such as electricity, gas, sewer, water, transportation, telephone, and data service.

Utility Lift Station means a water or wastewater improvement that uses a series of pumps and valves to convey wastewater sewage to a wastewater treatment facility or stormwater to a collection facility.

Variance means a modification from the provisions of this Chapter in cases when the enforcement of its provisions would result in unnecessary hardship.

Vehicle Towing / Storage means a facility where vehicles are maintained in a secure space for storage. The term includes fleet storage, vehicles to be auctioned, vehicles awaiting repairs after an accident, and vehicles that may have been repossessed, impounded by law enforcement, or that are awaiting transfer to another facility for sale, salvage, or other purposes.

Veterinary Clinic, Large Animal means a use in which on-site medical care is provided for any animal, including livestock or other animals over 100 lbs. in weight. The administrative office for veterinary services that are offered entirely off-site (i.e., mobile) will be considered a general office.

Veterinary Services, Small Animal means any establishment where small animals, such as domestic cats, dogs, birds, and other animals under 100 lbs. in weight, are cared for by persons who are licensed to perform veterinary care. Extended care to allow five or more small animals to recover and rehabilitate from veterinary services will not be considered to constitute a kennel.

Waiver means an exemption from some easement standards in Article 26-5, Subdivision .

Warehousing and Distribution means the selling, distribution, and storage of goods in large quantities to be ultimately be retailed or wholesaled in smaller, or in bulk, quantities.

Waste Transfer Station means the use of land or a facility, regardless of name or title, to unload solid waste from vehicles, and, with or without intermediate processing such as compaction, sorting, or shredding, subsequently re-load the waste onto other vehicles for delivery to another transfer site, storage site, or disposal site. In addition to transferring solid waste, a waste transfer station may also include activities similar to a recycling collection and processing facility.

Water / Sewer Treatment Plant

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.

Yard. See subsections under Sec. 26-10B-8 for definitions of required yard, front yard, interior side yard, street side yard, and rear yard.

Zoning Administrator means the Director of the Community Development Department for the City of Manhattan, Kansas, or their designee.

Zoning District is a designation shown on the Official Zoning Map as being a district enumerated in Sec. 26-2A-2, Zoning Districts Established, in which a specific set of zoning standards apply.

Avigation Easement means an air rights easement, which protects air lanes, flight paths and navigable airspace around airports.

Companion Easement means an easement running along one or both sides of a street right-of-way that could be used for utilities, trees, sidewalks, paths, trails, and other services.

Conservation Easement means an easement that is intended to protect, preserve, and conserve a natural feature.

Drainage Easement means an easement required for the installation of storm water sewers or drainage ditches, detention or retention basins, and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.

Fire Department Access Easement means an all-weather road connecting to an urban–wildland interface.

Pedestrian Easement means an easement for providing pedestrian access.

Travel Easement means an easement providing access to pedestrians and vehicles in the same manner as a local street.

Utility Easement means an easement within which the common service delivery lines (electric, telephone, water, sanitary sewer, etc.) are located.

Cut-Off Fixture means a luminaire where no more than 2.5 percent of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture, and no more than 10 percent of the lamp's light intensity is emitted at an angle ten degrees below such horizontal plane at all lateral angles around the fixture.

Foot-candle means the unit of measure expressing the quantity of light received on a surface. One foot-candle is the illuminance produced by a candle on a surface one-foot square from a distance of one foot.

Landscape Lighting means lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

Low Voltage Landscape Lighting means landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

Lumen means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from “watt,” a measure of power consumption).

Luminaire means the complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

Shielded Directional Luminaire means a luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

Temporary Lighting means lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

Unshielded Luminaire means a luminaire capable of emitting light in any direction including downwards.

Rural–Urban Fringe means areas outside of the City and Urban Service Area that are not anticipated to be developed to an urban or suburban scale because of the physical characteristics, limited capabilities to provide urban utilities and the community’s vision for future growth and to preserve rural character and agriculture.

Urban Area means the jurisdiction of the Manhattan Urban Area Planning Board (Planning Board), as defined by the interlocal agreement between Riley County and the City of Manhattan. The area encompasses all land within the city limits, Urban Service Area, and Rural–Urban Fringe. For purposes of this Chapter it is not the same as the plan boundary of the Comprehensive Plan, despite the use of term in that document.

Urban Service Area means areas that are outside the city limits of Manhattan, but are suitable for urban development based on physical characteristics, service capability, and the community’s vision for future growth. The urban service area is mapped on the Future Land Use map in the Comprehensive Plan.

Concept Plat means a preliminary presentation of a future land development contiguous to a proposed subdivision of sufficient accuracy to be used for discussion in order to coordinate street, utility, drainage, park, and other land development issues.

Concurrent Plat means the simultaneous submission of a preliminary plat and a final plat.

Final Plat means the final map of all or a phased portion of a subdivision, which is submitted to the Planning Board for final approval and to the governing body for acceptance of dedications.

Preliminary Plat means a preliminary map indicating the proposed layout of the subdivision, which is submitted to the Planning Board for consideration and approval.

Replat means a change, redrafting and/or resubmission of a previously approved preliminary and/or final plat. Changes may include lot lines, easements, rights-of-way, design concepts, or adherence to changes in local ordinances and/or regulations that may control subdivisions.