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Manhattan City Zoning Code

ARTICLE 26

2. Zoning Districts and Land Uses

Sec. 26-2A-1, Purpose, Applicability, and Use Interpretations

  • A.
    Purpose. This Division establishes zoning districts and identifies the development types and standards, the building and lot standards, and the allowable land uses for each zoning district.
  • B.
    Applicability
    1. 1.
      Effect. This Article applies to all land, buildings, structures, and appurtenances within the City limits.
    2. 2.
      Transition to New Districts. As of the effective date of this Chapter, land zoned with a district classification from the previous zoning regulations will be converted or reclassified to one of the district classifications in this Chapter, as set out in Sec. 26-2A-2, Zoning Districts Established. Displayed in Table 26-2A-2.1, Zoning Districts, are the name and letter designation of each district, how each district relates to the future land use designation identified in the Manhattan Urban Area Comprehensive Plan, the purpose of the district, and the former zoning district designation. Table 26-2A-2.1, Zoning Districts, shows the conversion from the previous classifications to the new zoning districts established in this Chapter.
  • C.
    Permitted Uses. Table 26-2A-1.1, Types of Approval, depicts the means of approval, together with the applicable compliance provisions of this Chapter, of the building code, and any other applicable state or federal regulations. The symbols listed in the leftmost column below are used in Table 26-2C-2.2, Residential Permitted Uses by Zoning District and Development Type, and Table 26-2D-4.1, Commercial, Industrial, and other Non-Residential Uses by Zoning District and Development Type, to establish if and in what manner a use is permitted. Uses that are not listed as permitted are prohibited.
  • Table 26-2A-1.1

    Types of Approval

     SymbolType of ApprovalRequires compliance with

    Applicable provisions of this Chapter and building code

    Division 26-2E, Limited and Conditional Use Standards

    Sec. 26-9D-6, Administrative Permits

    Sec. 26-9D-7, Conditional Use

    Sec. 26-2F-2, Accessory Residential Uses

    Sec. 26-2F-3, Accessory Non-Residential Uses

    PPermitted   
    LLimited  
    CConditional 
    AAccessory  
    -

    Prohibited

    n/an/an/an/a

    Table 26-2A-1.1

    Types of Approval

     SymbolType of ApprovalRequires compliance with

    Applicable provisions of this Chapter and building code

    Division 26-2E, Limited and Conditional Use Standards

    Sec. 26-9D-6, Administrative Permits

    Sec. 26-9D-7, Conditional Use

    Sec. 26-2F-2, Accessory Residential Uses

    Sec. 26-2F-3, Accessory Non-Residential Uses

    PPermitted   
    LLimited  
    CConditional 
    AAccessory  
    -

    Prohibited

    n/an/an/an/a

    Table 26-2A-1.1

    Types of Approval

     SymbolType of ApprovalRequires compliance with

    Applicable provisions of this Chapter and building code

    Division 26-2E, Limited and Conditional Use Standards

    Sec. 26-9D-6, Administrative Permits

    Sec. 26-9D-7, Conditional Use

    Sec. 26-2F-2, Accessory Residential Uses

    Sec. 26-2F-3, Accessory Non-Residential Uses

    PPermitted   
    LLimited  
    CConditional 
    AAccessory  
    -

    Prohibited

    n/an/an/an/a

    Table 26-2A-1.1

    Types of Approval

     SymbolType of ApprovalRequires compliance with

    Applicable provisions of this Chapter and building code

    Division 26-2E, Limited and Conditional Use Standards

    Sec. 26-9D-6, Administrative Permits

    Sec. 26-9D-7, Conditional Use

    Sec. 26-2F-2, Accessory Residential Uses

    Sec. 26-2F-3, Accessory Non-Residential Uses

    PPermitted   
    LLimited  
    CConditional 
    AAccessory  
    -

    Prohibited

    n/an/an/an/a
    1. D.
      Remedy for Unlisted Land Uses. If a proposed use is not listed in the land use tables, the Zoning Administrator may determine whether the proposed use is a subcategory of, or functionally similar to, a permitted, limited, conditional, accessory, or temporary use. Upon this determination, the Zoning Administrator will authorize the proposed use and apply all standards of the similar use. The Zoning Administrator may refer the question to the Planning Board.
      1. 1.
        Criteria and Findings of Fact. The following criteria will govern the decision-maker in making a determination, which will be adopted into the record:
        1. a.
          The proposed use is consistent with the purpose(s) of the zoning district(s).
        2. b.
          The proposed use is substantially similar to, compatible with, and will not materially harm other uses allowed in the district(s).
        3. c.
          It may be demonstrated that the proposed use will comply with all standards and requirements of the applicable zoning district(s).
      2. 2.
        Considerations. The following considerations will be used by the decision-maker to determine whether a proposed use is a subcategory of, or is functionally similar to, a permitted, limited, conditional, accessory, temporary, or prohibited use:
        1. a.
          Scale and bulk of buildings and structures (see Sec. 26-2C-2, Residential Uses and Standards, and Division 26-2D, Non-Residential Districts Uses and Standards.
        2. b.
          Nature and impact of the operations, including the hours of operation.
        3. c.
          Environmental factors such as noise, light, dust, or odors.
        4. d.
          Traffic generation characteristics.
        5. e.
          Parking demand (see Division 26-7B, Parking).
        6. f.
          Potentially hazardous conditions such as materials that may leave the site by air or water or the use or storage of hazardous materials.
        7. g.
          Any other reasonable and pertinent considerations necessary to assess the nature and impacts of a proposed use.
      3. 3.
        If Not Authorized then Prohibited. Unless and until the decision-maker determines that a proposed use is a subcategory of, or functionally similar to, an allowed use, then it is a prohibited use.
      4. 4.
        Temporary Uses. The land uses that are allowed as temporary uses must comply with Division 26-2G, Temporary Uses.

    (Ord. No. 7627, 02/07/2023) 

    Sec. 26-2A-2, Zoning District Established

    Table 26-2A-2.1 

    Zoning Districts

    DistrictLand Use Plan
    Designation
    PurposeFormer Zoning Designation 1
    NameSymbol
    Residential
    Low-Density ResidentialRLResidential, Low to Medium DensityTo provide for single-family detached residential development on larger lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.RS, R, R-1
    Low-Density Residential AttachedRL-AResidential, Low to Medium DensityTo provide for single-family detached and single-family attached (such as duplexes, townhomes and twin homes) residential development on smaller lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.R-2, R-4
    Medium-Density ResidentialRMResidential, Medium to High Density and Residential, High DensityTo provide for single-family attached (such as duplexes, townhomes, or twin homes) and multiple-family dwellings (such as apartments and multiplexes), including provisions for factory-built and HUD-code manufactured homesmanufactured home park or a master planned development, and non-residential neighborhood-serving uses.R-M, R-53
    High-Density ResidentialRHResidential, High DensityTo provide for moderate- to high-density residential use types ranging from townhouses to large apartment buildings, and non-residential neighborhood-serving uses.R-3
    Urban Core ResidentialRCUrban Core Residential

    To provide for high-density, multiple-family development. The district permits single use, high-density residential buildings, as well as accessory, neighborhood-scale retail and service uses within vertically mixed-use buildings to serve the surrounding area. The district promotes development characteristic of a dense, pedestrian-oriented urban neighborhood.

    UCR
    Commercial, Office, and Mixed-Use
    Neighborhood CommercialCNNeighborhood CommercialTo provide for commercial retail uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses in a neighborhood setting. Includes limited mixed (residential/commercial) uses.C-2
    Community CommercialCCCommunity CommercialTo provide for a broad range of single use and multi-tenant centers that vary in scale, which provide for retail, service, and office uses at a community scale.C-5, RDO
    AggievilleCACentral Core DistrictTo provide for an urban setting of the Aggieville commercial and entertainment area with mixed-use buildings that are built to the street and where parking is provided on-street or in parking structures.C-3
    DowntownCDCentral Core DistrictTo provide for a traditional and historical downtown with a compact pedestrian-friendly scale, mixed-use buildings, and urban character typical for the Downtown core.

    C-4,

    RDO

    Business CommercialBCNon-Retail Commercial, Business, and ProfessionalTo provide for small-scale commercial office and other non-retail uses, with site design standards to ensure compatibility with adjacent and abutting neighborhoods. Includes limited mixed uses.C-1
    Business ParkBPOffice / Research ParkTo provide for office, research, and technology park , which may accommodate certain light industrial uses. Includes limited mixed (residential/commercial) uses.

    I-1, I-5

    Mixed Use

    MX

    Office / Research Park, Residential High Density, Community or Neighborhood Commercial, or to convert PUDs

    To provide for a zoning district that allows vertically and horizontally mixed-use buildings, which may be laid out as a traditional downtown.

    Not Applicable2
    Industrial and Service    
    Industrial/Commercial ServicesICSService CommercialTo provide for heavy commercial retail and industrial land uses that provide for sales, service, and outdoor storage and display of heavy equipment and productsC-6, LM-SC
    Light IndustrialILIndustrialTo provide for less intensive industrial uses (non-retail) that may include office, warehousing, and light assembly of parts, materials, and equipment, with operations conducted indoorsI-2, I-3
    General IndustrialIGIndustrialTo provide for more intensive industrial (non-retail) uses that may include manufacturing of raw materials, fabrication, assembly, and warehousing with both indoor and outdoor storage and display, and may have heavy truck trafficI-4
    Special Districts
    University & CollegeUC

    Kansas State University and Public / Semi-Public

    Institutions of technical and higher education along with their related buildings and activitiesU
    Public / Institutional

    PI-1

     

    PI-2

    Public / Semi-Public

    Publicly-owned and operated uses (e.g., cemeteries and parks), which are unique in nature and scale and warrant their own zoning district. Some of these may be appropriate in other districts subject to limited or conditional use standards. 

    PI-1 applies to parks, public open space, recreation facilities, and cemeteries.

    PI-2 applies to county and municipal buildings and facilities, and to K–12 schools.

    Not Applicable
    Parks and Recreation

    Preserved Open Space

    Planned Unit DevelopmentPUDNot ApplicableAn innovative development that warrants unique uses and standards relating to density or intensity, open space or landscape surface area, lot area, street types and widths, etc.PUD
    Land ReserveLRNot applicable

    Primarily intended to provide a reservation classification for newly annexed land and to prevent premature development.

    Not applicable
    Table Notes:
    1. 1.
      The former zoning designations are from the Manhattan Zoning Regulations (as amended by Ordinance no. 7470 on December 17, 2019), which are repealed on the effective date of this Chapter.
    2. 2.
      This is a new district that was not one of the former zoning designations.
    3. 3.
      All R-5 zoning districts extant on the effective date of this Chapter are assigned the Village Development Type.

    Table 26-2A-2.1 

    Zoning Districts

    DistrictLand Use Plan
    Designation
    PurposeFormer Zoning Designation 1
    NameSymbol
    Residential
    Low-Density ResidentialRLResidential, Low to Medium DensityTo provide for single-family detached residential development on larger lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.RS, R, R-1
    Low-Density Residential AttachedRL-AResidential, Low to Medium DensityTo provide for single-family detached and single-family attached (such as duplexes, townhomes and twin homes) residential development on smaller lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.R-2, R-4
    Medium-Density ResidentialRMResidential, Medium to High Density and Residential, High DensityTo provide for single-family attached (such as duplexes, townhomes, or twin homes) and multiple-family dwellings (such as apartments and multiplexes), including provisions for factory-built and HUD-code manufactured homesmanufactured home park or a master planned development, and non-residential neighborhood-serving uses.R-M, R-53
    High-Density ResidentialRHResidential, High DensityTo provide for moderate- to high-density residential use types ranging from townhouses to large apartment buildings, and non-residential neighborhood-serving uses.R-3
    Urban Core ResidentialRCUrban Core Residential

    To provide for high-density, multiple-family development. The district permits single use, high-density residential buildings, as well as accessory, neighborhood-scale retail and service uses within vertically mixed-use buildings to serve the surrounding area. The district promotes development characteristic of a dense, pedestrian-oriented urban neighborhood.

    UCR
    Commercial, Office, and Mixed-Use
    Neighborhood CommercialCNNeighborhood CommercialTo provide for commercial retail uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses in a neighborhood setting. Includes limited mixed (residential/commercial) uses.C-2
    Community CommercialCCCommunity CommercialTo provide for a broad range of single use and multi-tenant centers that vary in scale, which provide for retail, service, and office uses at a community scale.C-5, RDO
    AggievilleCACentral Core DistrictTo provide for an urban setting of the Aggieville commercial and entertainment area with mixed-use buildings that are built to the street and where parking is provided on-street or in parking structures.C-3
    DowntownCDCentral Core DistrictTo provide for a traditional and historical downtown with a compact pedestrian-friendly scale, mixed-use buildings, and urban character typical for the Downtown core.

    C-4,

    RDO

    Business CommercialBCNon-Retail Commercial, Business, and ProfessionalTo provide for small-scale commercial office and other non-retail uses, with site design standards to ensure compatibility with adjacent and abutting neighborhoods. Includes limited mixed uses.C-1
    Business ParkBPOffice / Research ParkTo provide for office, research, and technology park , which may accommodate certain light industrial uses. Includes limited mixed (residential/commercial) uses.

    I-1, I-5

    Mixed Use

    MX

    Office / Research Park, Residential High Density, Community or Neighborhood Commercial, or to convert PUDs

    To provide for a zoning district that allows vertically and horizontally mixed-use buildings, which may be laid out as a traditional downtown.

    Not Applicable2
    Industrial and Service    
    Industrial/Commercial ServicesICSService CommercialTo provide for heavy commercial retail and industrial land uses that provide for sales, service, and outdoor storage and display of heavy equipment and productsC-6, LM-SC
    Light IndustrialILIndustrialTo provide for less intensive industrial uses (non-retail) that may include office, warehousing, and light assembly of parts, materials, and equipment, with operations conducted indoorsI-2, I-3
    General IndustrialIGIndustrialTo provide for more intensive industrial (non-retail) uses that may include manufacturing of raw materials, fabrication, assembly, and warehousing with both indoor and outdoor storage and display, and may have heavy truck trafficI-4
    Special Districts
    University & CollegeUC

    Kansas State University and Public / Semi-Public

    Institutions of technical and higher education along with their related buildings and activitiesU
    Public / Institutional

    PI-1

     

    PI-2

    Public / Semi-Public

    Publicly-owned and operated uses (e.g., cemeteries and parks), which are unique in nature and scale and warrant their own zoning district. Some of these may be appropriate in other districts subject to limited or conditional use standards. 

    PI-1 applies to parks, public open space, recreation facilities, and cemeteries.

    PI-2 applies to county and municipal buildings and facilities, and to K–12 schools.

    Not Applicable
    Parks and Recreation

    Preserved Open Space

    Planned Unit DevelopmentPUDNot ApplicableAn innovative development that warrants unique uses and standards relating to density or intensity, open space or landscape surface area, lot area, street types and widths, etc.PUD
    Land ReserveLRNot applicable

    Primarily intended to provide a reservation classification for newly annexed land and to prevent premature development.

    Not applicable
    Table Notes:
    1. 1.
      The former zoning designations are from the Manhattan Zoning Regulations (as amended by Ordinance no. 7470 on December 17, 2019), which are repealed on the effective date of this Chapter.
    2. 2.
      This is a new district that was not one of the former zoning designations.
    3. 3.
      All R-5 zoning districts extant on the effective date of this Chapter are assigned the Village Development Type.

    Table 26-2A-2.1 

    Zoning Districts

    DistrictLand Use Plan
    Designation
    PurposeFormer Zoning Designation 1
    NameSymbol
    Residential
    Low-Density ResidentialRLResidential, Low to Medium DensityTo provide for single-family detached residential development on larger lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.RS, R, R-1
    Low-Density Residential AttachedRL-AResidential, Low to Medium DensityTo provide for single-family detached and single-family attached (such as duplexes, townhomes and twin homes) residential development on smaller lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.R-2, R-4
    Medium-Density ResidentialRMResidential, Medium to High Density and Residential, High DensityTo provide for single-family attached (such as duplexes, townhomes, or twin homes) and multiple-family dwellings (such as apartments and multiplexes), including provisions for factory-built and HUD-code manufactured homesmanufactured home park or a master planned development, and non-residential neighborhood-serving uses.R-M, R-53
    High-Density ResidentialRHResidential, High DensityTo provide for moderate- to high-density residential use types ranging from townhouses to large apartment buildings, and non-residential neighborhood-serving uses.R-3
    Urban Core ResidentialRCUrban Core Residential

    To provide for high-density, multiple-family development. The district permits single use, high-density residential buildings, as well as accessory, neighborhood-scale retail and service uses within vertically mixed-use buildings to serve the surrounding area. The district promotes development characteristic of a dense, pedestrian-oriented urban neighborhood.

    UCR
    Commercial, Office, and Mixed-Use
    Neighborhood CommercialCNNeighborhood CommercialTo provide for commercial retail uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses in a neighborhood setting. Includes limited mixed (residential/commercial) uses.C-2
    Community CommercialCCCommunity CommercialTo provide for a broad range of single use and multi-tenant centers that vary in scale, which provide for retail, service, and office uses at a community scale.C-5, RDO
    AggievilleCACentral Core DistrictTo provide for an urban setting of the Aggieville commercial and entertainment area with mixed-use buildings that are built to the street and where parking is provided on-street or in parking structures.C-3
    DowntownCDCentral Core DistrictTo provide for a traditional and historical downtown with a compact pedestrian-friendly scale, mixed-use buildings, and urban character typical for the Downtown core.

    C-4,

    RDO

    Business CommercialBCNon-Retail Commercial, Business, and ProfessionalTo provide for small-scale commercial office and other non-retail uses, with site design standards to ensure compatibility with adjacent and abutting neighborhoods. Includes limited mixed uses.C-1
    Business ParkBPOffice / Research ParkTo provide for office, research, and technology park , which may accommodate certain light industrial uses. Includes limited mixed (residential/commercial) uses.

    I-1, I-5

    Mixed Use

    MX

    Office / Research Park, Residential High Density, Community or Neighborhood Commercial, or to convert PUDs

    To provide for a zoning district that allows vertically and horizontally mixed-use buildings, which may be laid out as a traditional downtown.

    Not Applicable2
    Industrial and Service    
    Industrial/Commercial ServicesICSService CommercialTo provide for heavy commercial retail and industrial land uses that provide for sales, service, and outdoor storage and display of heavy equipment and productsC-6, LM-SC
    Light IndustrialILIndustrialTo provide for less intensive industrial uses (non-retail) that may include office, warehousing, and light assembly of parts, materials, and equipment, with operations conducted indoorsI-2, I-3
    General IndustrialIGIndustrialTo provide for more intensive industrial (non-retail) uses that may include manufacturing of raw materials, fabrication, assembly, and warehousing with both indoor and outdoor storage and display, and may have heavy truck trafficI-4
    Special Districts
    University & CollegeUC

    Kansas State University and Public / Semi-Public

    Institutions of technical and higher education along with their related buildings and activitiesU
    Public / Institutional

    PI-1

     

    PI-2

    Public / Semi-Public

    Publicly-owned and operated uses (e.g., cemeteries and parks), which are unique in nature and scale and warrant their own zoning district. Some of these may be appropriate in other districts subject to limited or conditional use standards. 

    PI-1 applies to parks, public open space, recreation facilities, and cemeteries.

    PI-2 applies to county and municipal buildings and facilities, and to K–12 schools.

    Not Applicable
    Parks and Recreation

    Preserved Open Space

    Planned Unit DevelopmentPUDNot ApplicableAn innovative development that warrants unique uses and standards relating to density or intensity, open space or landscape surface area, lot area, street types and widths, etc.PUD
    Land ReserveLRNot applicable

    Primarily intended to provide a reservation classification for newly annexed land and to prevent premature development.

    Not applicable
    Table Notes:
    1. 1.
      The former zoning designations are from the Manhattan Zoning Regulations (as amended by Ordinance no. 7470 on December 17, 2019), which are repealed on the effective date of this Chapter.
    2. 2.
      This is a new district that was not one of the former zoning designations.
    3. 3.
      All R-5 zoning districts extant on the effective date of this Chapter are assigned the Village Development Type.

    Table 26-2A-2.1 

    Zoning Districts

    DistrictLand Use Plan
    Designation
    PurposeFormer Zoning Designation 1
    NameSymbol
    Residential
    Low-Density ResidentialRLResidential, Low to Medium DensityTo provide for single-family detached residential development on larger lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.RS, R, R-1
    Low-Density Residential AttachedRL-AResidential, Low to Medium DensityTo provide for single-family detached and single-family attached (such as duplexes, townhomes and twin homes) residential development on smaller lots, including provisions for factory-built houses on individually-owned lots, and non-residential neighborhood-serving uses.R-2, R-4
    Medium-Density ResidentialRMResidential, Medium to High Density and Residential, High DensityTo provide for single-family attached (such as duplexes, townhomes, or twin homes) and multiple-family dwellings (such as apartments and multiplexes), including provisions for factory-built and HUD-code manufactured homesmanufactured home park or a master planned development, and non-residential neighborhood-serving uses.R-M, R-53
    High-Density ResidentialRHResidential, High DensityTo provide for moderate- to high-density residential use types ranging from townhouses to large apartment buildings, and non-residential neighborhood-serving uses.R-3
    Urban Core ResidentialRCUrban Core Residential

    To provide for high-density, multiple-family development. The district permits single use, high-density residential buildings, as well as accessory, neighborhood-scale retail and service uses within vertically mixed-use buildings to serve the surrounding area. The district promotes development characteristic of a dense, pedestrian-oriented urban neighborhood.

    UCR
    Commercial, Office, and Mixed-Use
    Neighborhood CommercialCNNeighborhood CommercialTo provide for commercial retail uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses in a neighborhood setting. Includes limited mixed (residential/commercial) uses.C-2
    Community CommercialCCCommunity CommercialTo provide for a broad range of single use and multi-tenant centers that vary in scale, which provide for retail, service, and office uses at a community scale.C-5, RDO
    AggievilleCACentral Core DistrictTo provide for an urban setting of the Aggieville commercial and entertainment area with mixed-use buildings that are built to the street and where parking is provided on-street or in parking structures.C-3
    DowntownCDCentral Core DistrictTo provide for a traditional and historical downtown with a compact pedestrian-friendly scale, mixed-use buildings, and urban character typical for the Downtown core.

    C-4,

    RDO

    Business CommercialBCNon-Retail Commercial, Business, and ProfessionalTo provide for small-scale commercial office and other non-retail uses, with site design standards to ensure compatibility with adjacent and abutting neighborhoods. Includes limited mixed uses.C-1
    Business ParkBPOffice / Research ParkTo provide for office, research, and technology park , which may accommodate certain light industrial uses. Includes limited mixed (residential/commercial) uses.

    I-1, I-5

    Mixed Use

    MX

    Office / Research Park, Residential High Density, Community or Neighborhood Commercial, or to convert PUDs

    To provide for a zoning district that allows vertically and horizontally mixed-use buildings, which may be laid out as a traditional downtown.

    Not Applicable2
    Industrial and Service    
    Industrial/Commercial ServicesICSService CommercialTo provide for heavy commercial retail and industrial land uses that provide for sales, service, and outdoor storage and display of heavy equipment and productsC-6, LM-SC
    Light IndustrialILIndustrialTo provide for less intensive industrial uses (non-retail) that may include office, warehousing, and light assembly of parts, materials, and equipment, with operations conducted indoorsI-2, I-3
    General IndustrialIGIndustrialTo provide for more intensive industrial (non-retail) uses that may include manufacturing of raw materials, fabrication, assembly, and warehousing with both indoor and outdoor storage and display, and may have heavy truck trafficI-4
    Special Districts
    University & CollegeUC

    Kansas State University and Public / Semi-Public

    Institutions of technical and higher education along with their related buildings and activitiesU
    Public / Institutional

    PI-1

     

    PI-2

    Public / Semi-Public

    Publicly-owned and operated uses (e.g., cemeteries and parks), which are unique in nature and scale and warrant their own zoning district. Some of these may be appropriate in other districts subject to limited or conditional use standards. 

    PI-1 applies to parks, public open space, recreation facilities, and cemeteries.

    PI-2 applies to county and municipal buildings and facilities, and to K–12 schools.

    Not Applicable
    Parks and Recreation

    Preserved Open Space

    Planned Unit DevelopmentPUDNot ApplicableAn innovative development that warrants unique uses and standards relating to density or intensity, open space or landscape surface area, lot area, street types and widths, etc.PUD
    Land ReserveLRNot applicable

    Primarily intended to provide a reservation classification for newly annexed land and to prevent premature development.

    Not applicable
    Table Notes:
    1. 1.
      The former zoning designations are from the Manhattan Zoning Regulations (as amended by Ordinance no. 7470 on December 17, 2019), which are repealed on the effective date of this Chapter.
    2. 2.
      This is a new district that was not one of the former zoning designations.
    3. 3.
      All R-5 zoning districts extant on the effective date of this Chapter are assigned the Village Development Type.

    (Ord. No. 7627, 02/05/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024; Ord. No. 7753, 05/20/2025; Ord. No. 7757, 06/03/2025) 

    Sec. 26-2A-3, Zoning Map

  • A.
    Generally. The zoning districts set out in Sec. 26-2A-2, Zoning Districts Established, are shown on the "Official Zoning District Map" of the City of Manhattan (referred to hereinafter as "Zoning Map"). The Zoning Map is attached to and made part of this Chapter. An official copy of the Zoning Map is on file in the office of the Zoning Administrator and is available for inspection during regular business hours at the Community Development Department.
  • B.
    Force and Effect. The Zoning Map and all notations, references, and other information shown on it have the same force and effect as the text of this Chapter.
  • C.
    Map Amendments. Any amendment to a zoning classification on the Zoning Map (i.e., rezoning; see Sec. 26-9B-2) will include a map of the subject area and a written description of the same, including the extension to the centerline(s) of abutting right(s)-of-way. The amendment will be promptly and permanently noted on the face of the Zoning Map in the custody of the Zoning Administrator.
  • D.
    Zoning of Streets, Alleys, Public Ways, Waterways, and Railroad Rights-of-Way. All streets, alleys, public ways, waterways, and railroad rights-of-way, if not specifically designated, will be in the same zone as the immediately abutting property unless otherwise indicated. Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a boundary between districts, the zoning will be the same as the abutting properties up to the centerline, unless otherwise specifically designated.
  • E.
    Status of the Zoning Map. The Zoning Map that is on file at the Community Development Department will control in the event of a conflict between the map that is on file and any other reproduction of the Zoning Map, whether physical, electronic, or otherwise.
  • F.
    Boundaries. Where the Zoning Map appears to be unclear regarding the location of district boundaries, the Zoning Administrator will make a determination using the following criteria:
    1. 1.
      Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, public ways, waterways, railroad rights-of-way, utility lines or easements, or similar features, the zoning boundary will be construed to follow the centerline of the rights-of-way or easements of such features. Where the location of these features on the ground differs from that shown on the Zoning Map, the features on the ground control.
    2. 2.
      Lot Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines will be construed to be the property or lot boundaries.
    3. 3.
      Watercourses. Boundaries shown as following, or approximately following, the centerline of waterways, rivers, streams, water bodies, or other watercourses will be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the Zoning District boundary will be construed as moving with the channel centerline.
    4. 4.
      Unplatted Land or No Identifiable Feature. On unplatted land, or where a district boundary follows no identifiable feature, unless indicated by dimensions, the location of the boundary will be determined by applying, in order, the following rules:
      1. a.
        Legal Description. The boundary is according to the legal description in the ordinance establishing the district boundaries.
      2. b.
        Text Dimensions. The boundary is located by reference to dimensions shown in the text on the Zoning Map, if any.
      3. c.
        Map Scale. The boundary is located using the map scale appearing on the Zoning Map.
    5. 5.
      Floodplain Boundaries. When not determined, the boundaries of flood zones will follow contour or elevation lines at the elevation above sea level indicated on the official Flood Insurance Rate Map (FIRM). Elevations between stream cross-sections on the FIRM will be determined by proportional interpolation.
    6. 6.
      Vacation or Abandonment. Where a public street, alley, or parcel of land is vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land.
    7. 7.
      More than one district. When a lot is divided by a district boundary line, the entire lot will be construed to be within the district most of the lot is located in or as best reflects the current principal use, unless a prior rezoning action deliberately established a split designation.
  • G.
    Conflicts Resolved. In the event of a conflict between the district boundaries on the Zoning Map and the zoning of property provided by a duly enacted ordinance adopted before the effective date of this Chapter, the Zoning Map will control. In case of doubt or dispute, the boundary lines will be determined by the Board of Zoning Appeals (BZA) upon receiving an appeal from a ruling of the Zoning Administrator, provided the jurisdiction of the BZA will not include the interpretation of the boundaries of flood zones or the Airport Overlay (O-A) District.
  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2A-4. District Hierarchy

  • A.
    Rezoning of Lesser Change. The MUAPB may recommend, and the governing body may adopt, a zoning classification of lesser change without republication and, where necessary, remailing, if the lesser change is within the same zoning classification as the noticed change. Provided that, the governing body may refer any application or recommendation of lesser change back to the MUAPB for further consideration, as provided in K.S.A. 12-757. The following lesser changes are authorized within each zoning classification, ordered from least intensive (lesser) to most intensive:
    1. 1.
      Residential zoning classification: RL, RL-A, RM, RH, RC
    2. 2.
      Commercial and industrial zoning classification: BC, CN, BP, CC, ICS, IL, IG
  • B.
    The adoption of a lesser change may only be approved with the consent of the applicant.
  • C.
    An overlay district may not be added or removed as part of the adoption of a lesser change.
  • D.
    Applications for districts not listed in paragraph 26-2A-4A-1 through -2 may not be changed to another district unless a new application is filed.
  • (Ord. No. 7753, 05/20/2025) 

    Sec. 26-2B-1, University & College District

  • A.
    Applicability. In accordance with Ordinance no. 4863, the regulations of this district do not apply to real estate owned by Kansas State University. 
  • B.
    Use Limitations
    1. 1.
      A Type-C buffer (see Sec. 26-7C-4) must be provided along the entire length of all property lines that abut property in a residential district. This requirement does not apply along public rights-of-way.
    2. 2.
      All uses in this district will provide landscaping in accordance with Division 26-7C, Trees, Landscaping, and Screening.
  • C.
    Location. This district may only be located adjacent to collector or arterial streets as identified in the City's adopted functional classification plan.
  • D.
    Permitted Uses. Refer to Table 26-2D-4.1.
  • E.
    Kansas State Roadways. For the purposes of the development of land in the UC district, Kansas State Roadways will be considered the same as public right-of-way for all purposes under the rules, regulations, and ordinances of the City, except for those identified by the agreement set forth in paragraph 4, when all the following conditions exist:
    1. 1.
      The development must be located on property that either abuts a private roadway that is owned and maintained by Kansas State University, or the property is able to be connected to such a roadway through its own internal trafficways. The Kansas State roadway must connect to public right-of-way.
    2. 2.
      The property must have no access to public right-of-way.
    3. 3.
      The property must be undeveloped at the time this provision is applied and the entire property must be in a single ownership.
    4. 4.
      An agreement has been entered into among Kansas State University, the property owner, and the City, whereby Kansas State University agrees to allow its roadway to be used by the property for access to public right-of-way and must agree to keep the roadway in place as long as it is needed for access by the property and must agree to maintain and repair the roadway so that it meets a standard that the City Engineer has determined is adequate to provide the property and its permitted uses adequate access. KSU must further agree not to close the roadway as long as it is needed for access by the property. KSU may apply and enforce rules and regulations to the roadway, such as parking restrictions and speed limitations, and KSU may temporarily close the roadway for all use except for access to the property. The standards established by the City Engineer will be attached as an exhibit to the agreement and the agreement will run with the property and be filed with the applicable Register of Deeds. The City will be entitled to enforce the requirement of maintenance and repair of the roadway. The City may include in the agreement any of its rules, regulations, or ordinances, applicable to the property because of the effect of the roadway being considered public right-of-way, and which it desires to deem inapplicable to the property.
  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2B-2, Public / Institutional District

  • A.
    Zoning. Land that is acquired for public use, not including rights-of-way, may be zoned Public/Institutional (PI-1, PI-2) if it is owned by the City of Manhattan, Riley County, Pottawatomie County, Unified School District No. 383, the State of Kansas, or the United States of America.
  • B.
    Types and applicability
    1. 1.
      PI-1 applies to parks, public open space, recreation facilities, and cemeteries.
    2. 2.
      PI-2 applies to county and municipal buildings and facilities, and to K–12 schools. 
  • C.
    Restrictions. The PI districts may not be applied to the following:
    1. 1.
      Public rights-of-way, except as provided in Sec. 26-2A-3D.
    2. 2.
      Linear features, such as trails (unless within a park) or evidently remnant slivers of land that are practically unbuildable.
    3. 3.
      Lots less than 10,000 square feet in area.
  • D.
    Permitted Uses. Refer to Table 26-2D-4.
  • E.
    Change of Ownership. When land owned by any of the entities named above is transferred to private ownership, it must be rezoned before any new development or redevelopment can take place. The proposed zoning district must be consistent with the Comprehensive Plan or in character with the surrounding zoning. But if the lot or lots constituting the rezoning site are greater than 10 acres, it will be necessary to amend the Comprehensive Plan's future land use map. For rezoning sites smaller than 10 acres, the City Commission, on the advice of the Planning Board, may still require a Comprehensive Plan amendment.
  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2B-3, Planned Unit Development Provisions

  • A.
    Purpose. The purpose of this development process is to promote creative development of land through a variety of tools:
    1. 1.
      A broad choice of living environments by allowing a variety of housing and building types.
    2. 2.
      A more useful pattern of open space and recreation areas and more convenience in the location of commercial uses and services.
    3. 3.
      A more efficient use of land than is generally achieved through conventional development.
    4. 4.
      An environment that provides safe, clean, convenient, and necessary residential, commercial, and industrial facilities, which will afford greater opportunities for better housing, recreation, shopping, and industry.
    5. 5.
      A development plan which suits the specific needs of the site and takes into account the unique conditions of the property that may require changes to conventional bulk regulations, lot layout, or density; or results in a project that provides greater public benefit than would be provided under standard zoning.
    6. 6.
      A mixture of land uses that might not otherwise be permitted in a single district or by-right planned development.
  • B.
    Applicability. A planned unit development zoning designation may be applied anywhere in the City. The purpose of a PUD is to apply standards or uses that differ from those of the base district and its by-right development options. For review and approval procedures, see Sec. 26-9D-2Planned Unit Development .
  • C.
    General Standards for Planned Unit Developments . The PUD option is designed to provide for the greatest amount of flexibility in the mixing of compatible uses and the location and type of structures for those uses while setting aside perpetual common use open space and facilities for owners, occupants, and customers in the zone. Standards applicable to all PUDs are as follows:
    1. 1.
      Permitted Uses. The applicant may propose any mixture of land uses, including permitted, limited, conditional, accessory, and temporary uses set out in Sec. 26-2C-2, Residential Districts—Uses and Standards, and Division 26-2D, Commercial and Industrial Districts—Uses and Standards, provided such proposed uses generally conform to the Manhattan Urban Area Comprehensive Plan.
    2. 2.
      Minimum District Size
      1. A.
        Residential: 0.5 acre.
      2. B.
        Commercial: 0.5 acre.
      3. C.
        Combined Commercial and Residential: 0.5 acre.
      4. D.
        Industrial: 1.0 acre.
      5. E.
        Industrial combined with Residential or Commercial: 1.0 acre.
      6. F.
    3. 3.
      Bulk Regulations including Front, Rear, and Side-Yard Setbacks, and Structure Height: The bulk regulations for the development site may be proposed by the applicant and approved as part of the preliminary development plan.
    4. 4.
      Signs. The applicant may propose a master sign plan for the PUD, which may include any temporary signage.
    5. 5.
      Parking. Off-street parking and loading areas will be provided for all uses within the PUD roughly in accordance with the requirements of Division 26-7B, Parking. The Planning Board and City Commission may approve other parking ratios that are more appropriate for a specific proposal, and may take in account the provisions of Sec. 26-7B-12, Special Studies, and Sec. 26-7B-13, Shared Parking.
    6. 6.
      Guarantees. The following guarantees must be provided by the applicant prior to issuance of any building permit.
      1. A.
        Landscaping and underground irrigation approved with the final development plan will be guaranteed by the applicant by providing a bond, certificate of deposit, letter of credit, or the equivalent in order to assure all landscaping and underground irrigation is installed.
      2. B.
        A performance guarantee for proposed recreational facilities and improvements that will be provided in subsequent phases of development.
  • D.
    Review Criteria and Procedures. See Sec. 26-9D-2, Planned Unit Development.
  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2B-4, Land Reserve District

  • A.
    Purpose. Refer to Table 26-2A-2.1.
  • B.

    Permitted Uses

    1. 1.
      Any lawful use(s) in existence immediately prior to annexation. Once the use is voluntarily discontinued, it may not be resumed.
    2. 2.
      Farm stands.
    3. 3.
      Accessory uses and structures connected to any of the principal uses above.
  • C.

    Restrictions

    1. 1.
      Any new barbed wire and electric fences must be kept at least 40 feet from adjacent urban-level development.
    2. 2.
      A 40-foot-wide firebreak must be maintained along all lot lines that abut urban-level development.
  • D.

    Lot and Bulk Standards

    1. 1.
      Minimum lot size: one acre
    2. 2.
      Minimum lot width: 50 feet
    3. 3.

      Setbacks for principal and accessory structures

      1. a.
        Front: 25 feet
      2. b.
        Side: 25 feet
      3. c.
        Rear: 25 feet
    4. 4.
      Height: 50 feet
  • (Ord. No. 7715, 09/17/2024) 

    Sec. 26-2C-1, Applicability

    ​The standards in this Division, with the exception of Sec. 26-2C-5, apply to greenfield development in all residential districts. Existing lots identified in Sec. 26-2C-5, Infill Standards, have a few alternative standards.

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

    Sec. 26-2C-2, Residential Development Types

  • A.
    Development Type. Within the residential districts there are four development types. The standard (S) and cluster (CL) development types are permitted by right, subject to the development standards and building and lot standards set out in this Division and the standards for subdivisions in Article 26-5. The residential master-planned (MP) and village (V) types require rezoning and approval of a development plan before subdividing. The symbols “S”, “CL”, “MP”, and “V” are used in subsequent tables in this Division.
  • B.
    Development Type Descriptions
    1. 1.
      Standard development is a conventional form where maximum density is achieved by use of minimum lot sizes. See also Sec. 26-5B-2.
    2. 2.
      Cluster development accounts for topography and site resource features by consolidating smaller lots and/or different housing types around constrained portions of the property. Clustering may produce the same or higher densities than that of a standard development, often resulting in lower infrastructure costs per dwelling. See also Sec. 26-5B-2C.
    3. 3.
      The master-planned development option is available in the RL, RL-A, RM, and RH districts by rezoning to add the “MP” designation and by approval of a master development plan. Planned development may include a mixture of different lot sizes and housing types clustered around civic spaces, greenways, and resource features. The master planned development option also allows a limited mixture of commercial uses.  See Sec. 26-9D-1, Residential Master-Planned Development, for the master development plan review and approval process.
    4. 4.
      Village-style development includes manufactured home parks and cottage villages. It is a development option available in the RM and RH districts by rezoning to add the “V” designation and by approval of a site development plan. See Sec. 26-4A-5 for design standards.
  • (Ord. No. 7677, 12/05/2023; Ord. No. 7737, 01/14/2025) 

    Sec. 26-2C-3, Residential Permitted Uses

    Table 26-2C-3.1, Residential Permitted Uses by Zoning District and Development Type, lists t0he residential housing types and the nonresidential land uses permitted in the various residential zoning districts by development type. All uses and most changes of use are subject to Chapter 8, Buildings and Building Regulations, of the Code of Ordinances.

    Table 26-2C-3.1

    Residential Permitted Uses by Zoning District and Development Type

    Key

    PPermitted by right

    C – permitted as Conditional use

    P/Csee footnote 2

    L – permitted as Limited by regulation

    AAccessory to P, L, or C uses

    Use Category

    Subtype

    Zoning Districts and

    Development Types

    RL

    Low-Density

    Residential

    RL-A

    Low-Density

    Residential Attached

    RM

    Medium-Density

    Residential

    RH

    High-Density

    Residential

    RC

    Urban Core

    Residential

    O-UF

    University

    Fringe1

    S, CL

    MP

    S, CL

    MP

    S

    MP

    V

    S

    MP

    V

    S

    -

    Residential

    SFR-D

    All

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    -

    -

    SFR-A

    2 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    -

    3–5 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    P

    -

    6–18 unit

    -

    -

    -

    -

    P

    P

    -

    P

    P

    -

    P

    -

    Single-family dwelling, village type

    Manufactured home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    Cottage home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    MFR

    Small (3–5 unit)

    -

    P

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Med. (6–17 unit)

    -

    -

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Large (18+ unit)

    -

    -

    -

    -

    -

    P

    -

    P

    P

    -

    P

    -

    Mid-rise

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    P

    -

    Non-Residential

     

    Care, Child

    Child care home (1–12 care receivers)

    L

     

    L

     

    L

    L

    L

    -

    -

    -

    -

    P

    Child care center (13+ care receivers)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Care, Adult

    Adult home care

    C

    C

    C

    C

    C

    C

    -

    -

    -

    -

    -

    C

    Assisted living, nursing, or congregate care (13+)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Group quarters

    Dormitory, fraternity, sorority

    -

    -

    -

    P

    C

    P

    -

    P

    P

    -

    -

    P

    Group home

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    A

    -

    Institutional

    Correctional placement residence

    CCCCCC-CC--C
    Crisis centerLLLLLLLLLLLL

    Cultural facility

    -

    P

    -

    P

    -

    P

    -

    -

    -

    -

    A

    P
    Emergency shelterCCCCCCCCCCCC

    Library

    P

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    P
    Institutional office-P-P-P--P-AC

    Place of assembly

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    A

    P

    Private club

    C

    L

    C

    L

    C

    L

    C

    C

    L

    -

    A

    P

    School

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    A

    P

    Social service

    C

    C

    C

    C

    C

    C

    -

    C

    C

    -

    A

    P

    Commercial

    Bed and breakfast home (1–3 rooms)

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    Bed and breakfast inn (4–9 rooms)

    C

    L

    C

    L

    C

    C

    -

    P

    P

    -

    -

    L
    Event venue-C-C---CC-AC

    Restaurant, dine-in

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Hospital

    C

    P

    C

    P

    C

    P

    -

    -

    -

    -

    -

    C

    Medical clinic,

    office, lab, urgent care center

    -

    -

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    General office

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    Personal services

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Retail

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Gas station

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    -

    -

    Health and fitness club

    C

    P

    C

    P

    C

    P

    -

    C

    P

    -

    A

    -
    Home business AAAAAAAAAAAA

    Live/work

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P
    Mixed-use bldg.-L-L-L--L-PP
    Short-term rentalLLLLLLLLLLLL

    Public & Utility

    Community gardenPPPPPPPPPP-P
    Electrical substationLLLLLLLLL-L-
    Neighborhood facilityLLLLLLLLLLLL

    Park & recreation facility

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    -

    -

    Parking lot

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    Parking structure

    -

    -

    -

    -

    -

    -

    -

    A

    A

    -

    A

    -

    Telecommunication facility

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Telecommunication tower

    C

    C

    C

    C

    C

    C

    C

    C

    C

    -

    -

    -

    Utility lift station

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Table notes

    1. 1.
      The uses specified in the O-UF overlay are additive to the uses allowed in the base zoning district, never subtractive (i.e., a "–" symbol in the O-UF column does not disallow a use that's allowed in the base district). In some cases, the overlay is more permissive, such as allowing a used as "limited" where the base district has the use as "conditional".
    2. 2.
      Conditional uses that are proposed as part of a master-planned development can be approved in that process; those established afterward have to use the CUP process in Sec. 26-9D-7, Conditional Use.

    Table 26-2C-3.1

    Residential Permitted Uses by Zoning District and Development Type

    Key

    PPermitted by right

    C – permitted as Conditional use

    P/Csee footnote 2

    L – permitted as Limited by regulation

    AAccessory to P, L, or C uses

    Use Category

    Subtype

    Zoning Districts and

    Development Types

    RL

    Low-Density

    Residential

    RL-A

    Low-Density

    Residential Attached

    RM

    Medium-Density

    Residential

    RH

    High-Density

    Residential

    RC

    Urban Core

    Residential

    O-UF

    University

    Fringe1

    S, CL

    MP

    S, CL

    MP

    S

    MP

    V

    S

    MP

    V

    S

    -

    Residential

    SFR-D

    All

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    -

    -

    SFR-A

    2 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    -

    3–5 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    P

    -

    6–18 unit

    -

    -

    -

    -

    P

    P

    -

    P

    P

    -

    P

    -

    Single-family dwelling, village type

    Manufactured home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    Cottage home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    MFR

    Small (3–5 unit)

    -

    P

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Med. (6–17 unit)

    -

    -

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Large (18+ unit)

    -

    -

    -

    -

    -

    P

    -

    P

    P

    -

    P

    -

    Mid-rise

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    P

    -

    Non-Residential

     

    Care, Child

    Child care home (1–12 care receivers)

    L

     

    L

     

    L

    L

    L

    -

    -

    -

    -

    P

    Child care center (13+ care receivers)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Care, Adult

    Adult home care

    C

    C

    C

    C

    C

    C

    -

    -

    -

    -

    -

    C

    Assisted living, nursing, or congregate care (13+)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Group quarters

    Dormitory, fraternity, sorority

    -

    -

    -

    P

    C

    P

    -

    P

    P

    -

    -

    P

    Group home

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    A

    -

    Institutional

    Correctional placement residence

    CCCCCC-CC--C
    Crisis centerLLLLLLLLLLLL

    Cultural facility

    -

    P

    -

    P

    -

    P

    -

    -

    -

    -

    A

    P
    Emergency shelterCCCCCCCCCCCC

    Library

    P

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    P
    Institutional office-P-P-P--P-AC

    Place of assembly

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    A

    P

    Private club

    C

    L

    C

    L

    C

    L

    C

    C

    L

    -

    A

    P

    School

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    A

    P

    Social service

    C

    C

    C

    C

    C

    C

    -

    C

    C

    -

    A

    P

    Commercial

    Bed and breakfast home (1–3 rooms)

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    Bed and breakfast inn (4–9 rooms)

    C

    L

    C

    L

    C

    C

    -

    P

    P

    -

    -

    L
    Event venue-C-C---CC-AC

    Restaurant, dine-in

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Hospital

    C

    P

    C

    P

    C

    P

    -

    -

    -

    -

    -

    C

    Medical clinic,

    office, lab, urgent care center

    -

    -

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    General office

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    Personal services

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Retail

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Gas station

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    -

    -

    Health and fitness club

    C

    P

    C

    P

    C

    P

    -

    C

    P

    -

    A

    -
    Home business AAAAAAAAAAAA

    Live/work

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P
    Mixed-use bldg.-L-L-L--L-PP
    Short-term rentalLLLLLLLLLLLL

    Public & Utility

    Community gardenPPPPPPPPPP-P
    Electrical substationLLLLLLLLL-L-
    Neighborhood facilityLLLLLLLLLLLL

    Park & recreation facility

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    -

    -

    Parking lot

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    Parking structure

    -

    -

    -

    -

    -

    -

    -

    A

    A

    -

    A

    -

    Telecommunication facility

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Telecommunication tower

    C

    C

    C

    C

    C

    C

    C

    C

    C

    -

    -

    -

    Utility lift station

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Table notes

    1. 1.
      The uses specified in the O-UF overlay are additive to the uses allowed in the base zoning district, never subtractive (i.e., a "–" symbol in the O-UF column does not disallow a use that's allowed in the base district). In some cases, the overlay is more permissive, such as allowing a used as "limited" where the base district has the use as "conditional".
    2. 2.
      Conditional uses that are proposed as part of a master-planned development can be approved in that process; those established afterward have to use the CUP process in Sec. 26-9D-7, Conditional Use.

    Table 26-2C-3.1

    Residential Permitted Uses by Zoning District and Development Type

    Key

    PPermitted by right

    C – permitted as Conditional use

    P/Csee footnote 2

    L – permitted as Limited by regulation

    AAccessory to P, L, or C uses

    Use Category

    Subtype

    Zoning Districts and

    Development Types

    RL

    Low-Density

    Residential

    RL-A

    Low-Density

    Residential Attached

    RM

    Medium-Density

    Residential

    RH

    High-Density

    Residential

    RC

    Urban Core

    Residential

    O-UF

    University

    Fringe1

    S, CL

    MP

    S, CL

    MP

    S

    MP

    V

    S

    MP

    V

    S

    -

    Residential

    SFR-D

    All

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    -

    -

    SFR-A

    2 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    -

    3–5 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    P

    -

    6–18 unit

    -

    -

    -

    -

    P

    P

    -

    P

    P

    -

    P

    -

    Single-family dwelling, village type

    Manufactured home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    Cottage home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    MFR

    Small (3–5 unit)

    -

    P

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Med. (6–17 unit)

    -

    -

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Large (18+ unit)

    -

    -

    -

    -

    -

    P

    -

    P

    P

    -

    P

    -

    Mid-rise

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    P

    -

    Non-Residential

     

    Care, Child

    Child care home (1–12 care receivers)

    L

     

    L

     

    L

    L

    L

    -

    -

    -

    -

    P

    Child care center (13+ care receivers)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Care, Adult

    Adult home care

    C

    C

    C

    C

    C

    C

    -

    -

    -

    -

    -

    C

    Assisted living, nursing, or congregate care (13+)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Group quarters

    Dormitory, fraternity, sorority

    -

    -

    -

    P

    C

    P

    -

    P

    P

    -

    -

    P

    Group home

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    A

    -

    Institutional

    Correctional placement residence

    CCCCCC-CC--C
    Crisis centerLLLLLLLLLLLL

    Cultural facility

    -

    P

    -

    P

    -

    P

    -

    -

    -

    -

    A

    P
    Emergency shelterCCCCCCCCCCCC

    Library

    P

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    P
    Institutional office-P-P-P--P-AC

    Place of assembly

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    A

    P

    Private club

    C

    L

    C

    L

    C

    L

    C

    C

    L

    -

    A

    P

    School

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    A

    P

    Social service

    C

    C

    C

    C

    C

    C

    -

    C

    C

    -

    A

    P

    Commercial

    Bed and breakfast home (1–3 rooms)

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    Bed and breakfast inn (4–9 rooms)

    C

    L

    C

    L

    C

    C

    -

    P

    P

    -

    -

    L
    Event venue-C-C---CC-AC

    Restaurant, dine-in

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Hospital

    C

    P

    C

    P

    C

    P

    -

    -

    -

    -

    -

    C

    Medical clinic,

    office, lab, urgent care center

    -

    -

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    General office

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    Personal services

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Retail

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Gas station

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    -

    -

    Health and fitness club

    C

    P

    C

    P

    C

    P

    -

    C

    P

    -

    A

    -
    Home business AAAAAAAAAAAA

    Live/work

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P
    Mixed-use bldg.-L-L-L--L-PP
    Short-term rentalLLLLLLLLLLLL

    Public & Utility

    Community gardenPPPPPPPPPP-P
    Electrical substationLLLLLLLLL-L-
    Neighborhood facilityLLLLLLLLLLLL

    Park & recreation facility

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    -

    -

    Parking lot

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    Parking structure

    -

    -

    -

    -

    -

    -

    -

    A

    A

    -

    A

    -

    Telecommunication facility

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Telecommunication tower

    C

    C

    C

    C

    C

    C

    C

    C

    C

    -

    -

    -

    Utility lift station

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Table notes

    1. 1.
      The uses specified in the O-UF overlay are additive to the uses allowed in the base zoning district, never subtractive (i.e., a "–" symbol in the O-UF column does not disallow a use that's allowed in the base district). In some cases, the overlay is more permissive, such as allowing a used as "limited" where the base district has the use as "conditional".
    2. 2.
      Conditional uses that are proposed as part of a master-planned development can be approved in that process; those established afterward have to use the CUP process in Sec. 26-9D-7, Conditional Use.

    Table 26-2C-3.1

    Residential Permitted Uses by Zoning District and Development Type

    Key

    PPermitted by right

    C – permitted as Conditional use

    P/Csee footnote 2

    L – permitted as Limited by regulation

    AAccessory to P, L, or C uses

    Use Category

    Subtype

    Zoning Districts and

    Development Types

    RL

    Low-Density

    Residential

    RL-A

    Low-Density

    Residential Attached

    RM

    Medium-Density

    Residential

    RH

    High-Density

    Residential

    RC

    Urban Core

    Residential

    O-UF

    University

    Fringe1

    S, CL

    MP

    S, CL

    MP

    S

    MP

    V

    S

    MP

    V

    S

    -

    Residential

    SFR-D

    All

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    -

    -

    SFR-A

    2 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    -

    3–5 unit

    -

    P

    P

    P

    P

    P

    -

    P

    P

    -

    P

    -

    6–18 unit

    -

    -

    -

    -

    P

    P

    -

    P

    P

    -

    P

    -

    Single-family dwelling, village type

    Manufactured home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    Cottage home

    -

    -

    -

    -

    -

    L

    L

    -

    -

    L

    -

    -

    MFR

    Small (3–5 unit)

    -

    P

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Med. (6–17 unit)

    -

    -

    -

    P

    P

    P

    -

    P

    P

    -

    P

    -

    Large (18+ unit)

    -

    -

    -

    -

    -

    P

    -

    P

    P

    -

    P

    -

    Mid-rise

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    P

    -

    Non-Residential

     

    Care, Child

    Child care home (1–12 care receivers)

    L

     

    L

     

    L

    L

    L

    -

    -

    -

    -

    P

    Child care center (13+ care receivers)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Care, Adult

    Adult home care

    C

    C

    C

    C

    C

    C

    -

    -

    -

    -

    -

    C

    Assisted living, nursing, or congregate care (13+)

    C

    L

    C

    L

    C

    L

    -

    -

    -

    -

    A

    L

    Group quarters

    Dormitory, fraternity, sorority

    -

    -

    -

    P

    C

    P

    -

    P

    P

    -

    -

    P

    Group home

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    A

    -

    Institutional

    Correctional placement residence

    CCCCCC-CC--C
    Crisis centerLLLLLLLLLLLL

    Cultural facility

    -

    P

    -

    P

    -

    P

    -

    -

    -

    -

    A

    P
    Emergency shelterCCCCCCCCCCCC

    Library

    P

    P

    P

    P

    P

    P

    -

    P

    P

    -

    -

    P
    Institutional office-P-P-P--P-AC

    Place of assembly

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    A

    P

    Private club

    C

    L

    C

    L

    C

    L

    C

    C

    L

    -

    A

    P

    School

    P

    P

    P

    P

    P

    P

    -

    -

    -

    -

    A

    P

    Social service

    C

    C

    C

    C

    C

    C

    -

    C

    C

    -

    A

    P

    Commercial

    Bed and breakfast home (1–3 rooms)

    L

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    Bed and breakfast inn (4–9 rooms)

    C

    L

    C

    L

    C

    C

    -

    P

    P

    -

    -

    L
    Event venue-C-C---CC-AC

    Restaurant, dine-in

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Hospital

    C

    P

    C

    P

    C

    P

    -

    -

    -

    -

    -

    C

    Medical clinic,

    office, lab, urgent care center

    -

    -

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    General office

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P

    Personal services

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Retail

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    -

    Gas station

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    -

    -

    Health and fitness club

    C

    P

    C

    P

    C

    P

    -

    C

    P

    -

    A

    -
    Home business AAAAAAAAAAAA

    Live/work

    -

    P

    -

    P

    -

    P

    -

    -

    P

    -

    A

    P
    Mixed-use bldg.-L-L-L--L-PP
    Short-term rentalLLLLLLLLLLLL

    Public & Utility

    Community gardenPPPPPPPPPP-P
    Electrical substationLLLLLLLLL-L-
    Neighborhood facilityLLLLLLLLLLLL

    Park & recreation facility

    P

    P

    P

    P

    P

    P

    P

    P

    P

    -

    -

    -

    Parking lot

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    -

    Parking structure

    -

    -

    -

    -

    -

    -

    -

    A

    A

    -

    A

    -

    Telecommunication facility

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Telecommunication tower

    C

    C

    C

    C

    C

    C

    C

    C

    C

    -

    -

    -

    Utility lift station

    L

    L

    L

    L

    L

    L

    L

    L

    L

    -

    L

    -

    Table notes

    1. 1.
      The uses specified in the O-UF overlay are additive to the uses allowed in the base zoning district, never subtractive (i.e., a "–" symbol in the O-UF column does not disallow a use that's allowed in the base district). In some cases, the overlay is more permissive, such as allowing a used as "limited" where the base district has the use as "conditional".
    2. 2.
      Conditional uses that are proposed as part of a master-planned development can be approved in that process; those established afterward have to use the CUP process in Sec. 26-9D-7, Conditional Use.

    (Ord. No. 7575, 05/15/2022; Ord. No. 7627, 02/05/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7737, 01/14/2025; Ord. No. 7794, 11/18/2025) 

    Sec. 26-2C-4, Residential Lot and Bulk Standards

    Tables 26-2C-4.1 through 26-2C-4.5 list the bulk standards for the various housing and development types in the residential zoning districts. It should be noted that throughout the tables:

    1. A.
      Under “Lot & Density Standards”, the minimum lot area and lot area per DU column shows the two units separated by a slash (except for SFR-D types). The first one is the minimum lot area for that dwelling unit type. The second is the lot area required for each DU. For example, if the numbers for a large MFR are “15,000 / 680” the developer would need at least a 15,000 sq. ft. lot to develop a large MFR, and that lot would allow 22 dwelling units (15,000/680 = 22). Note that Section 26-2C-5, Infill Development, contains alternative infill densities.
    2. B.

      Attached single-family residences (SFR-A) do not have a setbacks from adjoining dwelling units, which is shown in the following tables as "10/0", the first number being the exterior side lot-line setback. The same applies to patio homes on the zero-lot-line side.

    3. C.
      Garage setbacks. In base residential zoning districts, garages and the portion of a residential building containing a garage must be set back a minimum of 20 feet from the front property line or street side property line their adjoining driveways take access from, in order to maintain an adequately sized parking space in the portion of the driveway in front of the garage and avoid encroachment into public sidewalks, despite a lower minimum setback standard in Tables 26-2C-4.1 through 26-2C-4.5.

    Table 26-2C-4.1

    Housing Types and Bulk and Lot Standards       

    RL — Low-Density Residential        

    Dwelling Unit

    (DU) type

    Lot & Density Standards Bulk standards      

    Lot Area, min. / lot area per DU

    (sq. ft.)

    Lot width, min.

    (ft.)

    Height, max.

    (ft.)

    Yard, min. (ft.)

    Building coverage, max.

    (%)

    Front

    Side

    int.

    Street

    side

    Rear
    SFR-D

    6,000

    50

    35

    20

    8

    15

    25

    35

    SFR-D—patio

    4,500

    40

    35

    15

    10/0

    10

    20

    35

    SFR-A

    2–5 DUs

    (where allowed per Table 26-2C-3.1)

    1,800 / 1,800

    18 per DU

    35

    20

    6/0

    15

    20

    35

    MFR small

    3–5 DUs

    (where allowed)

    7,000 / 2,200

    50

    35

    20

    8

    15

    20

    35

    Non-residential

    (as permitted)

    10,000

    75

    35

    20

    15

    15

    25

    35

    Notes: For cluster and MP development, the lot minimum lot area and minimum lot width may reduce by 20%, front and both types of side setbacks may reduce by 25%, and building coverage may increase to 50%.

     Table 26-2C-4.2

    Housing Types and Bulk and Lot Standards

    RL-A — Low-Density Residential Attached

    Dwelling Unit

    (DU) type

    Lot & Density Standards Bulk standards      

    Lot Area, min. / lot area per DU

    (sq. ft.)

    Lot width, min.

    (ft.)

    Height, max.

    (ft.)

    Yard, min. (ft.)

    Building coverage, max.

    (%)

    Front

    Side

    int.

    Street

    side

    Rear
    SFR-D

    6,000

    40

    35

    15

    6

    10

    15

    45

    SFR-D—patio

    4,500

    40

    35

    15

    6/0

    10

    15

    45

    SFR-A

    2–18 DUs

    1,800 / 1,200

    18 per DU

    35

    15

    6/0

    10

    15

    40

    MFR small

    3–5 DUs

    (where allowed)

    7,500 / 1,500

    50

    35

    15

    6

    10

    15

    45

    MFR medium

    6–17 DUs

    (where allowed)

    9,000 / 1,500

    50

    45

    15

    8

    10

    15

    45

    Non-residential

    (as permitted)

    10,000

    75

    35

    20

    15

    15

    25

    35

    Notes: For cluster and MP development, the lot minimum lot area and minimum lot width may reduce by 20%, front and both types of side setbacks may reduce by 25%, and building coverage may increase to 50%.

     Table 26-2C-4.3

    Housing Types and Bulk and Lot Standards

    RM — Medium-Density Residential

    Dwelling Unit

    (DU) type

    Lot & Density Standards Bulk standards      

    Lot Area, min. / lot area per DU

    (sq. ft.)

    Lot width, min.

    (ft.)

    Height, max.

    (ft.)

    Yard, min. (ft.)

    Building coverage, max.

    (%)

    Front

    Side

    int.

    Street

    side

    Rear
    SFR-D

    6,000

    40

    35

    15

    6

    10

    15

    45

    SFR-D—patio

    4,500

    40

    35

    15

    6/0

    10

    15

    45

    SFR-A

    2–18 DUs

    1,800 / 750

    18 per DU

    35

    15

    6/0

    10

    15

    40

    MFR small

    3–5 DUs

    7,000 / 1,200

    50

    35

    15

    5

    10

    15

    45

    MFR medium

    6–17 DUs

    10,000 / 1,200

    50

    45

    15

    5

    10

    15

    45

    MFR large

    18+ DUs

    (where allowed)

    25,000 / 1,200

    50

    60

    15

    5

    12

    20

    50

    Non-residential

    (as permitted)

    10,000

    75

    35

    20

    15

    15

    25

    35

    Notes: For cluster and MP development, the lot minimum lot area and minimum lot width may reduce by 20%, front and both types of side setbacks may reduce by 25%, and building coverage may increase to 50%.

    Table 26-2C-4.4

    Housing Types and Bulk and Lot Standards

    RH — High-Density Residential

    Dwelling Unit

    (DU) type

    Lot & Density Standards Bulk standards      

    Lot Area, min. / lot area per DU

    (sq. ft.)

    Lot width, min.

    (ft.)

    Height, max.

    (ft.)

    Yard, min. (ft.)

    Building coverage, max.

    (%)

    Front

    Side

    int.

    Street

    side

    Rear

    SFR-A

    218 DUs

    1,800 / 700

    18 per DU

    35

    15

    6/0

    10

    15

    40

    MFR small

    3–5 DUs

    5,500 / 680

    50

    35

    15

    5

    10

    15

    45

    MFR medium

    6–17 DUs

    6,000 / 680

    50

    45

    15

    5

    10

    15

    45

    MFR large

    18+ DUs

    15,000 / 680

    50

    60

    15

    5

    12

    20

    50

    Non-residential

    (as permitted)

    10,000

    75

    35

    20

    15

    15

    25

    60

    Notes: For cluster and MP development, the lot minimum lot area and minimum lot width may reduce by 20%, front and both types of side setbacks may reduce by 25%, and building coverage may increase to 50%. 

     Table 26-2C-4.5

    Housing Types and Bulk and Lot Standards

    RC — Urban Core Residential

    Dwelling Unit

    (DU) type

    Lot & Density Standards Bulk standards      

    Lot Area, min. / lot area per DU

    (sq. ft.)

    Lot width, min.

    (ft.)

    Height, max.

    (ft.)

    Yard, min. (ft.)

    Building coverage, max.

    (%)

    Front

    Side

    int.

    Street

    side

    Rear

    SFR-A

    218 DUs

    1,800 / 1,800

    18 per DU

    35

    15

    6/0

    10

    15

    40

    MFR small

    3–5 DUs

    7,000 / 500

    50

    35

    15

    5

    10

    15

    50

    MFR medium

    6–17 DUs

    8,500 / 500

    50

    45

    15

    5

    10

    15

    60

    MFR large

    18+ DUs

    17,500 / 500

    100

    60

    15

    5

    12

    20

    100

    Mid-rise

    15,000 / 500

    100

    85

    5a

    0

    5a

    0

    100

    Non-residential 

    (as permitted)

    10,000

    75

    35

    20

    15

    15

    25

    60

    Notes:

    a. Access ramps, architectural ornamentation, awnings and canopies, balconies, bay windows, porticos, stoops, roof eaves, fences, and walls not forming part of the building’s exterior envelope may be as close as three feet. 

    (Ord. No. 7575, 05/15/2022; Ord. No. 7627, 02/05/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7737, 01/14/2025; Ord. No. 7794, 11/18/2025) 

    Sec. 26-2C-5. Infill Development

  • A.
    Purpose. The lot and bulk standards in Sec. 26-2C-4 are intended for “greenfield” development, which makes infill development harder to achieve using them. These standards remove those obstacles.
  • B.
    Applicability Area. This section applies to existing lots that are zoned RL-A, RM, and RH in the area bounded by Kimball Avenue, Tuttle Creek Boulevard, Fort Riley Boulevard to the point where it intersects Westwood Drive, then bearing due west until it meets the line of College Avenue, extended, then northward along that line to where College Avenue intersects Kimball Avenue.
  • C.
    Substitution. The standards in this section may replace the permitted uses under the Residential use category in Sec. 26-2C-3, the lot dimension standards in the tables in Sec. 26-2C-4, and the off-street parking requirements in Sec. 26-7B-3 for existing lots in the applicability area. However, for bulk standards, use the standards in the base district or overlay district, as applicable.
  • Table 26-2C-5.1

    Infill Development Standards

    DistrictPermitted DU typesAllowable DensityParkingSpecial Provisions
    RL-ASFR-D1 per 5,000 sq. ft.1/DU

    SFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    Two SFR-Ds are allowed on one lot

     

    SFR-A (limited to 2–3 DUs in O-EN)

    1-bdrm: 30 DU/ac.

    2+ bdrm: 18 DU/ac.

    1/bdrm
    RMSFR-D1 per 3,000 sq. ft.1/bdrm

     

    SFR-A and SFR-D units may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    SFR-A

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    MFR

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    RH
    SFR-A

    1-bdrm: 60 DU/ac.

    2+ bdrm: 45 DU/ac.

    0.75/bdrmSFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area
    MFR

    1-bdrm: 60 DU/ac.

    2-bdrm: 45 DU/ac.

    3+ bdrm: 30 DU/ac.

    0.5/bdrm 

    Table 26-2C-5.1

    Infill Development Standards

    DistrictPermitted DU typesAllowable DensityParkingSpecial Provisions
    RL-ASFR-D1 per 5,000 sq. ft.1/DU

    SFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    Two SFR-Ds are allowed on one lot

     

    SFR-A (limited to 2–3 DUs in O-EN)

    1-bdrm: 30 DU/ac.

    2+ bdrm: 18 DU/ac.

    1/bdrm
    RMSFR-D1 per 3,000 sq. ft.1/bdrm

     

    SFR-A and SFR-D units may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    SFR-A

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    MFR

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    RH
    SFR-A

    1-bdrm: 60 DU/ac.

    2+ bdrm: 45 DU/ac.

    0.75/bdrmSFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area
    MFR

    1-bdrm: 60 DU/ac.

    2-bdrm: 45 DU/ac.

    3+ bdrm: 30 DU/ac.

    0.5/bdrm 

    Table 26-2C-5.1

    Infill Development Standards

    DistrictPermitted DU typesAllowable DensityParkingSpecial Provisions
    RL-ASFR-D1 per 5,000 sq. ft.1/DU

    SFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    Two SFR-Ds are allowed on one lot

     

    SFR-A (limited to 2–3 DUs in O-EN)

    1-bdrm: 30 DU/ac.

    2+ bdrm: 18 DU/ac.

    1/bdrm
    RMSFR-D1 per 3,000 sq. ft.1/bdrm

     

    SFR-A and SFR-D units may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    SFR-A

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    MFR

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    RH
    SFR-A

    1-bdrm: 60 DU/ac.

    2+ bdrm: 45 DU/ac.

    0.75/bdrmSFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area
    MFR

    1-bdrm: 60 DU/ac.

    2-bdrm: 45 DU/ac.

    3+ bdrm: 30 DU/ac.

    0.5/bdrm 

    Table 26-2C-5.1

    Infill Development Standards

    DistrictPermitted DU typesAllowable DensityParkingSpecial Provisions
    RL-ASFR-D1 per 5,000 sq. ft.1/DU

    SFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    Two SFR-Ds are allowed on one lot

     

    SFR-A (limited to 2–3 DUs in O-EN)

    1-bdrm: 30 DU/ac.

    2+ bdrm: 18 DU/ac.

    1/bdrm
    RMSFR-D1 per 3,000 sq. ft.1/bdrm

     

    SFR-A and SFR-D units may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area

    SFR-A

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    MFR

    1-bdrm: 40 DU/ac.

    2+ bdrm: 24 DU/ac.

    0.75/bdrm
    RH
    SFR-A

    1-bdrm: 60 DU/ac.

    2+ bdrm: 45 DU/ac.

    0.75/bdrmSFR-A DUs may be grouped on one lot, or each be on individual lots, or be on pad lots surrounded by common area
    MFR

    1-bdrm: 60 DU/ac.

    2-bdrm: 45 DU/ac.

    3+ bdrm: 30 DU/ac.

    0.5/bdrm 
    1. D.
      Replatting. In the case of replatting, the lot size and width standards of the base district apply as they would in greenfield development. Lot consolidation or lot line adjustments are not subject to this regulation.

    (Ord. No. 7737, 01/14/2025; Ord. No. 7794, 11/18/2025) 

    Sec. 26-2D-1, Applicability and General Standards

  • A.
    Applicability. The standards set out in this Section apply to new development, redevelopment, and substantially improved properties within all commercial, mixed-use, industrial, and special districts in the Division.
  • B.
    General Standards for All Non-Residential Districts
    1. 1.
      Buffering. Refer to Sec. 26-7C-4, Screening and Buffering.
    2. 2.
      Building Orientation. All principal buildings must be oriented with the primary entrance facing the street they are addressed from. To the extent practicable, loading docks will not face arterial streets or highways or must include a Type-C or Type-E screen.
    3. 3.
      Landscaping and Screening. A landscape plan is required as set out in Division 26-7C, Trees, Landscaping, and Screening.
    4. 4.
      Indoor Operations and Activities
      1. a.
        In the CC district, all wholesale distribution and warehouse operations and activities must be conducted wholly inside a building. Accessory outdoor storage must be enclosed by a Type-E screen no less than six feet in height.
      2. b.
        In the ICS and IL districts, all business operations, activities, and storage must be conducted wholly inside a building, except storage may be maintained outside, provided it is enclosed by a Type-E screen  no less than six feet in height.
      3. c.
        In the IL District, outdoor storage activity conducted as part of a vehicle towing and storage service must be screened from adjacent property and public rights-of-way by a Type-E screen no less than eight feet in height, which must completely enclose all outdoor storage areas and include opaque gates across access drives to the storage areas.
    5. 5.
      Mechanical Equipment. Refer to requirements of Sec. 26-7C-6, Equipment & Refuse Screening.
    6. 6.
      Temporary Outdoor Sales. Temporary or seasonal outdoor sales are regulated by Sec. 26-2G-1, Permitted Temporary Uses.
    7. 7.
      Outdoor Display of Merchandise. Outdoor display of merchandise is permitted in the CN, CC, CA, CD, and MX districts, subject to the standards of this Section.
      1. a.

        Accessory Use. The outdoor display area involves items for sale by a commercial retailer that is located within a permanent structure.

      2. b.

        Attached to a Principal Building. Outdoor display areas that are adjacent to principal buildings are permitted if configured as a walled or decoratively fenced area, which is:

        1. 1.

          Up to but not larger than 25 percent of the gross floor area of the principal building, except that garden centers may have an uncovered outdoor display area that is not larger than 60 percent of the gross floor area of the principal buildings.

        2. 2.

          Located such that the area does not reduce the minimum required parking.

        3. 3.

          Entirely enclosed on all sides and secured with permanent walls, fencing, and gates, constructed of a height to fully screen all stacked materials.

        4. 4.

          Designed to include a merchandise pick-up area that does not interfere with site parking or circulation, or required fire lanes.

      3. c.

        Private Sidewalk Displays. Displays are permitted on private sidewalks abutting the principal building within a development if it is demonstrated that:

        1. 1.

          Merchandise is displayed at a maximum height of six feet.

        2. 2.

          There is at least five feet of passable width on the sidewalk for use by pedestrian traffic.

        3. 3.
           All sidewalk merchandise displays are within 40 feet of an entrance to the principal use.
      4. d.

        Public Sidewalk Displays. Displays are permitted on sidewalks within the public right-of-way abutting the principal building if:

        1. 1.

          All applicable permits are obtained.

        2. 2.

          Merchandise is displayed no higher than six feet.

        3. 3.

          There is at least five feet of passable width on the sidewalk for use by pedestrian traffic.

        4. 4.
          All sidewalk merchandise displays are within 40 feet of an entrance to the principal use.
      5. e.

        Other Displays. Other displays of merchandise are permitted if:

        1. 1.

          Merchandise is displayed up to a maximum height of six feet.

        2. 2.

          Merchandise is not located within the public right-of-way.

        3. 3.

          Merchandise is located on an improved surface that is not the required landscape surface area.

        4. 4.
          Except in the CA and CD districts, merchandise is set back either 20 feet from the edge of street pavement or five feet from the edge of the sidewalk.
        5. 5.

          Merchandise does not interfere with parking or pedestrian ways or vehicular use areas or emergency access.

        6. 6.
          Displays of merchandise pursuant to this Section may be combined with displays permitted by other Sections of this MDC.
    8. 8.
      Outdoor Lighting. Refer to Division 26-7E, Outdoor Lighting.
    9. 9.
      Parking. All uses must provide adequate off-street parking in accordance with Sec. 26-7B-3, Off-Street Parking, and all other applicable standards of Division 26-7B, Parking.
    10. 10.
      Solid Waste Enclosure. Refer to Sec. 26-7A-7, Accessory Structures.
    11. 11.
      Restricted Residential Use. No structure will be used for residential purposes other than, where permitted, mixed-use buildings, live-work buildings, hotels and motels, or a unit for a security guard or night watchman, or by the owner or operator of the business located on the premises.
    12. 12.
      Signage. Refer to all applicable provisions of Division 26-7D, Signs.
    13. 13.
      Underground Utilities. Refer to Sec. 26-5E-5, Utility.
    14. 14.
      Storage. All outdoor storage must be in area with opaque screening to obscure it from public view, with all other storage within an enclosed building.
  • (Ord. No. 7627, 02/05/2023; Ord. No. 7677, 12/05/2023) 

    Sec. 26-2D-2, Lot and Development Standards

  • A.
    Purpose. The standards of this Section establish the minimum lot area, street frontage, and the landscape surface ratio of non-residential development and provide for an adequate layout and arrangement of lots and their functional characteristics regarding access, parking, circulation, and site operations.
  • B.
    Description of Standards. Table 26-2D-2.1 sets forth development and lot standards for the following:
    1. 1.
      Lot Area: A minimum lot area is required to provide adequate space for a building and its setbacks, landscape surface requirement, access, and parking.
    2. 2.
      Lot Width or Street Frontage: A minimum lot width or street frontage is required to provide adequate street access and functional lot dimensions.
    3. 3.
      Landscape Surface Ratio (LSR). The LSR is the percentage of a lot that must remain pervious, including as lawn, landscaping, screening, and/or buffering.
    4. 4.
      Density. In non-residential districts, certain residential uses may be permitted as determined by Table 26-2D-4.1 Commercial & Industrial Permitted Uses. The maximum number of dwelling units per acre (density) is indicated below in Table 26-2D-2.1 below.
  • Table 26-2D-2.1

    Development & Lot Standards by Zoning District

    Development StandardZoning Districts
    Commercial, Office, Mixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI

    Lot area

    (in 1,000s of sq. ft.)

    min.7.5152025--30101010-43.5
    Lot width or street frontage (ft.)min.5075100100---758075-125
    Landscape surface ratio (%)min.20181520--10152015-20
    Density  (D.U./ac.net)1max.50241230---12120-0

    1. A " - " indicates no maximum density. A "0" indicates that residential uses are not a permitted use in a district.

    2. Live-work units are the only residential uses permitted in this district.

    Table 26-2D-2.1

    Development & Lot Standards by Zoning District

    Development StandardZoning Districts
    Commercial, Office, Mixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI

    Lot area

    (in 1,000s of sq. ft.)

    min.7.5152025--30101010-43.5
    Lot width or street frontage (ft.)min.5075100100---758075-125
    Landscape surface ratio (%)min.20181520--10152015-20
    Density  (D.U./ac.net)1max.50241230---12120-0

    1. A " - " indicates no maximum density. A "0" indicates that residential uses are not a permitted use in a district.

    2. Live-work units are the only residential uses permitted in this district.

    Table 26-2D-2.1

    Development & Lot Standards by Zoning District

    Development StandardZoning Districts
    Commercial, Office, Mixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI

    Lot area

    (in 1,000s of sq. ft.)

    min.7.5152025--30101010-43.5
    Lot width or street frontage (ft.)min.5075100100---758075-125
    Landscape surface ratio (%)min.20181520--10152015-20
    Density  (D.U./ac.net)1max.50241230---12120-0

    1. A " - " indicates no maximum density. A "0" indicates that residential uses are not a permitted use in a district.

    2. Live-work units are the only residential uses permitted in this district.

    Table 26-2D-2.1

    Development & Lot Standards by Zoning District

    Development StandardZoning Districts
    Commercial, Office, Mixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI

    Lot area

    (in 1,000s of sq. ft.)

    min.7.5152025--30101010-43.5
    Lot width or street frontage (ft.)min.5075100100---758075-125
    Landscape surface ratio (%)min.20181520--10152015-20
    Density  (D.U./ac.net)1max.50241230---12120-0

    1. A " - " indicates no maximum density. A "0" indicates that residential uses are not a permitted use in a district.

    2. Live-work units are the only residential uses permitted in this district.

    (Ord. No. 7677, 12/05/2023; Ord. No. 7757, 06/03/2025) 

    Sec. 26-2D-3, Building and Bulk Standards

  • A.
    Purpose. The purpose of this Section is to set out the building and lot standards for development.
  • B.
    Applicability. These standards establish the required building and lot dimensions applicable for each district as seen in Table 26-2D-3.1, Building and Bulk Standards by Zoning District.
    1. 1.
      Exceptions. Exceptions to the height and area standards and allowable encroachments are set out in Sec. 26-7A-1, Yards, and Sec. 26-7A-2, Height.
    2. 2.
      Accessory and Supplemental Standards. The standards for accessory buildings and structures are set out Sec. 26-2F-3, Accessory Non-Residential Uses.
  • Table 26-2D-3.1

    Building and Bulk Standards by Zoning District

    Development StandardZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUC

    PI-1

    PI-2

    Floor Area

    (1,000 sq. ft.)

    max.2535--251-------

    Bulk

    Maximums

    Height (ft.)45404075var.2var.7755075--50
    Building coverage (%)50505035--90504040-50

    Minimum 

    Setbacks

    (ft.)

    front1515625650---256253550325
    rear15--25----252550325
    interior side8--35----201550310
    street side1515620650---206253550325
    residential district1583575-81510353550325

    Minimum Parking Setbacks (ft.)

    front101015354 554 51020152515
    street side1010103554 551020102510

    Table Notes

    1. 1.
      Establishments in the Core Subdistrict are limited to 25,000 square feet in area. There is no limit to establishment size outside of the Core Subdistrict. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards.
    2. 2.
      Buildings in the Core Subdistrict are generally limited to 35 feet in height and a maximum of two stories, while buildings outside of the Core Subdistrict are limited to five stories, barring certain exceptions. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards. 
    3. 3.
      This setback is measured from any lot line that abuts an RL zoning district. There is an additional one foot setback required for each additional two feet of structure height over 50 feet. There must be an additional one foot of setback for each additional two feet of structure height over 50 feet.
    4. 4.
      [footnote deleted]
    5. 5.
      Surface parking lots may not be placed between a building and the street. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards, 26-4B-2, Downtown Commercial Design Standards, and 26-4B-5, Mixed Use (MX) District Design Standards.
    6. 6.
      If permitted, sales lots, gasoline pumps, air and water service and other fixtures used in connection with automobile service stations may be located as close as 12 feet to a lot line. Gasoline island canopies may be located as close as six feet to a lot line.
    7. 7.
      See 26-4B-2D-1, Building Height, for the CD district. 

    Table 26-2D-3.1

    Building and Bulk Standards by Zoning District

    Development StandardZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUC

    PI-1

    PI-2

    Floor Area

    (1,000 sq. ft.)

    max.2535--251-------

    Bulk

    Maximums

    Height (ft.)45404075var.2var.7755075--50
    Building coverage (%)50505035--90504040-50

    Minimum 

    Setbacks

    (ft.)

    front1515625650---256253550325
    rear15--25----252550325
    interior side8--35----201550310
    street side1515620650---206253550325
    residential district1583575-81510353550325

    Minimum Parking Setbacks (ft.)

    front101015354 554 51020152515
    street side1010103554 551020102510

    Table Notes

    1. 1.
      Establishments in the Core Subdistrict are limited to 25,000 square feet in area. There is no limit to establishment size outside of the Core Subdistrict. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards.
    2. 2.
      Buildings in the Core Subdistrict are generally limited to 35 feet in height and a maximum of two stories, while buildings outside of the Core Subdistrict are limited to five stories, barring certain exceptions. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards. 
    3. 3.
      This setback is measured from any lot line that abuts an RL zoning district. There is an additional one foot setback required for each additional two feet of structure height over 50 feet. There must be an additional one foot of setback for each additional two feet of structure height over 50 feet.
    4. 4.
      [footnote deleted]
    5. 5.
      Surface parking lots may not be placed between a building and the street. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards, 26-4B-2, Downtown Commercial Design Standards, and 26-4B-5, Mixed Use (MX) District Design Standards.
    6. 6.
      If permitted, sales lots, gasoline pumps, air and water service and other fixtures used in connection with automobile service stations may be located as close as 12 feet to a lot line. Gasoline island canopies may be located as close as six feet to a lot line.
    7. 7.
      See 26-4B-2D-1, Building Height, for the CD district. 

    Table 26-2D-3.1

    Building and Bulk Standards by Zoning District

    Development StandardZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUC

    PI-1

    PI-2

    Floor Area

    (1,000 sq. ft.)

    max.2535--251-------

    Bulk

    Maximums

    Height (ft.)45404075var.2var.7755075--50
    Building coverage (%)50505035--90504040-50

    Minimum 

    Setbacks

    (ft.)

    front1515625650---256253550325
    rear15--25----252550325
    interior side8--35----201550310
    street side1515620650---206253550325
    residential district1583575-81510353550325

    Minimum Parking Setbacks (ft.)

    front101015354 554 51020152515
    street side1010103554 551020102510

    Table Notes

    1. 1.
      Establishments in the Core Subdistrict are limited to 25,000 square feet in area. There is no limit to establishment size outside of the Core Subdistrict. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards.
    2. 2.
      Buildings in the Core Subdistrict are generally limited to 35 feet in height and a maximum of two stories, while buildings outside of the Core Subdistrict are limited to five stories, barring certain exceptions. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards. 
    3. 3.
      This setback is measured from any lot line that abuts an RL zoning district. There is an additional one foot setback required for each additional two feet of structure height over 50 feet. There must be an additional one foot of setback for each additional two feet of structure height over 50 feet.
    4. 4.
      [footnote deleted]
    5. 5.
      Surface parking lots may not be placed between a building and the street. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards, 26-4B-2, Downtown Commercial Design Standards, and 26-4B-5, Mixed Use (MX) District Design Standards.
    6. 6.
      If permitted, sales lots, gasoline pumps, air and water service and other fixtures used in connection with automobile service stations may be located as close as 12 feet to a lot line. Gasoline island canopies may be located as close as six feet to a lot line.
    7. 7.
      See 26-4B-2D-1, Building Height, for the CD district. 

    Table 26-2D-3.1

    Building and Bulk Standards by Zoning District

    Development StandardZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUC

    PI-1

    PI-2

    Floor Area

    (1,000 sq. ft.)

    max.2535--251-------

    Bulk

    Maximums

    Height (ft.)45404075var.2var.7755075--50
    Building coverage (%)50505035--90504040-50

    Minimum 

    Setbacks

    (ft.)

    front1515625650---256253550325
    rear15--25----252550325
    interior side8--35----201550310
    street side1515620650---206253550325
    residential district1583575-81510353550325

    Minimum Parking Setbacks (ft.)

    front101015354 554 51020152515
    street side1010103554 551020102510

    Table Notes

    1. 1.
      Establishments in the Core Subdistrict are limited to 25,000 square feet in area. There is no limit to establishment size outside of the Core Subdistrict. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards.
    2. 2.
      Buildings in the Core Subdistrict are generally limited to 35 feet in height and a maximum of two stories, while buildings outside of the Core Subdistrict are limited to five stories, barring certain exceptions. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards. 
    3. 3.
      This setback is measured from any lot line that abuts an RL zoning district. There is an additional one foot setback required for each additional two feet of structure height over 50 feet. There must be an additional one foot of setback for each additional two feet of structure height over 50 feet.
    4. 4.
      [footnote deleted]
    5. 5.
      Surface parking lots may not be placed between a building and the street. See Sec. 26-4B-1, Aggieville Commercial (CA) Design Standards, 26-4B-2, Downtown Commercial Design Standards, and 26-4B-5, Mixed Use (MX) District Design Standards.
    6. 6.
      If permitted, sales lots, gasoline pumps, air and water service and other fixtures used in connection with automobile service stations may be located as close as 12 feet to a lot line. Gasoline island canopies may be located as close as six feet to a lot line.
    7. 7.
      See 26-4B-2D-1, Building Height, for the CD district. 

    (Ord. No. 7627, 02/05/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024; Ord. No. 7753, 05/20/2025; Ord. No. 7757, 06/03/2025) 

    Sec. 26-2D-4, Commercial & Industrial Permitted Uses

    The table set out below describes which land uses are permitted by-right (permitted), permitted subject to standards (limited) or processes (conditional), and not allowed (prohibited) in each non-residential zoning district. All uses and most changes of use are subject to Chapter 8, Buildings and Building Regulations, of the Code of Ordinances.

    Table 26-2D-4.1

    Commercial & Industrial Permitted Uses

    by Zoning District and Development Type

    Key

    P - Permitted by-right

    C - Permitted as a Conditional use

    L - Permitted as Limited subject to standards

    A - Accessory to P, C, or L uses

     
    Use CategorySubtypeZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI-1PI-2

    Automobile and heavy equipment use

    Automobile and motorcycle parts and accessories

    --P--PLP-----

    Automobile and vehicle wash

    -PP----PPP--A

    Automobile and motorcycle repair, light

    --P----PPPAAA

    Automobile repair, heavy

    -------PPPA-A

    Automobile and other vehicle sales, rental, and service

    --P----P-----

    Equipment and heavy vehicle sales, rental and service

    -------PP----

    Gas station 5

    -CLL--CLL-AAA

    Manufactured home /
    recreational vehicle sales

    -------PP----

    Heavy retail

    -------P-----

    Transportation system facility

    --------PP-PP

    Vehicle towing / storage

    -------P----P
    Hospitality usesAdult business--P-----P----
    Catering/Commercial KitchenPPPPPPPPP-PPP
    Event VenueCPPPPPP-P-PPP
    Liquor store -PP-PPPP-----
    Bar -PPPPPPP--A--
    Bed and breakfast innLLP-PPP------
    Beverage kiosk-CPC--CC-----
    Hotel or motel -CPPPPPP--P--
    Restaurant, brew pub, winery, or distillery -LP-PPL---P--
    Restaurant, dine-in-PPPPPPP--P--
    Restaurant, drive-through-CPC--CC--C--
    Short-term rentalLL--LLL---L--
    Residential usesSFR-DP---------P--
    SFR-APL--PPP---P--
    MFR (all types)LL-LPPP---P--
    Mixed-useLL-LPPP---P--
    Live–WorkPPPPPPPPP-P--
    Group Quarters (all types)---LPPP---P--
    Office and professional usesBank or credit union with drive-throughPPPP-P2CC--P--
    Bank or credit union without drive-throughPPPPPPPP--P--
    Government officePPPPPPPPP-PPP
    HospitalC-PP--PP--P-P
    Medical Clinics, Offices, Labs, and Urgent Care CentersPPPPPPPP--P-P
    General officePPPPPPPPPPPPP
    Research facilityP--PPP-PPPP--
    Retail and service usesAdult day care-LPPPPP------
    Animal boarding, grooming, hospital, kennel, or shelter-LP-LLPPPPP-P
    Automated teller machine (ATM), Drive-throughAAAA--PAAAA -
    Automated teller machine (ATM), Walk-upAAAAAAAAAAAAA

    Child care center

    (13+ care receivers)

    -LPPPPPP--P--
    Convenience store with fueling-CLL--PL-----
    Convenience store-PPPPPPP--A--
    Craft production 9, 10PPPPPPPPPPP--
    Department store--PPPPP------
    Drug store without drive-throughPPPPPPP------
    Drug store with drive-throughPCPPP-CC--P--
    Dry cleaning-PPPPPPP-----
    Farm stand / farmers market--A-PPPA---PP
    Garden store (nursery)-PP--PPP-----
    Garden center (accessory)--A--APAA----
    Grocery store-LP-LLLP-----
    Hardware store-PP-PPPP-----
    Home furnishings, appliances, and electronics-LP-LLLP-----
    Home improvement center-LP---LPP----
    Personal servicesPPP-PPPP--P--
    General retail-PP-PPPP-----
    Shopping Center-PP-PPPP-----
    Studio or galleryPPP-PPP---PP-
    Veterinary services, small animalCCPPPPCPPP--A
    Industrial usesAgricultural product sales and service-------P--A--
    Construction services-------PPP---
    Food, beverage, and materials processing-------PPPA--
    Grain elevator-------P-PA--
    Greenhouse or nursery, wholesale-------P--A--
    Manufacturing and fabrication, General-------PPPA-P
    Manufacturing and fabrication, Heavy---------PA--
    Indoor plant agriculture--------PPA--
    Product assembly-------PPP---
    Salvage yard-------C-C---
    Storage, bulk-------C-CAPP
    Storage, hazardous materials / substances-------C-CA-P
    Storage, indoor--PP--PPPPAPP
    Storage, outdoor--A----LLL-PP
    Truck stop 5--C----CCCA--
    Veterinary clinic, large animal--C----CCCA--
    Warehousing and distribution--P----PPPA--
    Institutional usesAssisted living, nursing or congregate care (12+ care receivers)CCL-PPP------
    Cemetery or columbarium-----------PP
    College, university, or vocational school-PPPPPPPPPP--
    Community centerLLLAPPPP--PPP
    Community gardenP-----P---PPP
    Correctional placement residenceCC-CCCC------
    Crisis centerLLL-LLL---L--
    Cultural facilityLLP-LLPP--PPP
    Emergency shelterLLL-LLL---LPP
    Funeral home, crematory, or mortuaryL-P--LCPPP---
    LibraryPPP-PPPP-PP-P
    Parking lot-------PPP-PP
    Parking structureAAPAPPPAAAPPP
    Place of assemblyPPPAPPPPPPP--
    Post officePPPPPPPPPPP-P
    Private clubP---PPPPP-P--
    Public safety facility (police/fire/EMS)PPP-PPPPPPP-P
    Public works facility---P---PPP--P
    SchoolPPP--PPPP-P-P
    Social servicePPPPPPPP--P-P
    Utility usesElectrical substationLLL-LLLLPPPPP
    Power plant----------P-P
    Utility lift stationLLL-LLLLL-LPP
    Water / sewer treatment plant-------PPPP-P
    Telecommunication facilityPPPPPPPPP-PPP
    Telecommunication towerCCCCCCCCP-PPP
    Recreation and amusement usesAmphitheater or outdoor performance venue--CCCPP---PPP
    Arena, stadium, or arts theater, indoor--PCPCP---P P
    Campground-----------P-
    Commercial amusement, indoor -PP-PPPPP----
    Commercial amusement, outdoor --C--PCC-----
    Conference and convention center---P-PP---P P
    Golf course--P-------PP-
    Health and fitness club-PPPPPPPP-PP-
    Park and playground 1PPPPPPP---PPP
    Personal Instruction-PPPPPPPCCPP-
    Shooting or archery range C-----CCC---
    Special usesAirport------------P
    Batch plant-------CCC--P
    Broadcast studio 7-CCPCC-PPPP--
    Bus or taxi depot-CPPPPCPPPP-P
    Extraction---------C---
    Heliport / helistop--CC--CC----P
    Landfill---------C--P
    Recycling collection and processing-------C-P--P
    Waste transfer station---------C--P

    Notes

    1. 1.
      Private parks and playgrounds are not permitted except when accessory to a principal use in the CA and CD districts.
    2. 2.
      Only west of 5th Street.
    3. 3.
      [footnote deleted]
    4. 4.
      [footnote deleted]
    5. 5.
      Gasoline pumps, air and water services, and other accessory facilities may not be closer than 12 feet to a lot line. Gasoline island canopies may be located no closer than six feet to a lot line.
    6. 6.
      [footnote deleted]
    7. 7.
      The installation of a broadcasting tower that exceeds the maximum allowable height of the respective zoning district is subject to the requirements set out in Sec. 26-2E-9, Wireless Telecommunication Towers & Facilities.
    8. 8.
      [footnote deleted]
    9. 9.
      This use must front on the street at sidewalk level or have a well-marked and visible entrance at sidewalk level.
    10. 10.
      All activities associated with the use must be conducted within an enclosed building except within the IG district.

    Table 26-2D-4.1

    Commercial & Industrial Permitted Uses

    by Zoning District and Development Type

    Key

    P - Permitted by-right

    C - Permitted as a Conditional use

    L - Permitted as Limited subject to standards

    A - Accessory to P, C, or L uses

     
    Use CategorySubtypeZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI-1PI-2

    Automobile and heavy equipment use

    Automobile and motorcycle parts and accessories

    --P--PLP-----

    Automobile and vehicle wash

    -PP----PPP--A

    Automobile and motorcycle repair, light

    --P----PPPAAA

    Automobile repair, heavy

    -------PPPA-A

    Automobile and other vehicle sales, rental, and service

    --P----P-----

    Equipment and heavy vehicle sales, rental and service

    -------PP----

    Gas station 5

    -CLL--CLL-AAA

    Manufactured home /
    recreational vehicle sales

    -------PP----

    Heavy retail

    -------P-----

    Transportation system facility

    --------PP-PP

    Vehicle towing / storage

    -------P----P
    Hospitality usesAdult business--P-----P----
    Catering/Commercial KitchenPPPPPPPPP-PPP
    Event VenueCPPPPPP-P-PPP
    Liquor store -PP-PPPP-----
    Bar -PPPPPPP--A--
    Bed and breakfast innLLP-PPP------
    Beverage kiosk-CPC--CC-----
    Hotel or motel -CPPPPPP--P--
    Restaurant, brew pub, winery, or distillery -LP-PPL---P--
    Restaurant, dine-in-PPPPPPP--P--
    Restaurant, drive-through-CPC--CC--C--
    Short-term rentalLL--LLL---L--
    Residential usesSFR-DP---------P--
    SFR-APL--PPP---P--
    MFR (all types)LL-LPPP---P--
    Mixed-useLL-LPPP---P--
    Live–WorkPPPPPPPPP-P--
    Group Quarters (all types)---LPPP---P--
    Office and professional usesBank or credit union with drive-throughPPPP-P2CC--P--
    Bank or credit union without drive-throughPPPPPPPP--P--
    Government officePPPPPPPPP-PPP
    HospitalC-PP--PP--P-P
    Medical Clinics, Offices, Labs, and Urgent Care CentersPPPPPPPP--P-P
    General officePPPPPPPPPPPPP
    Research facilityP--PPP-PPPP--
    Retail and service usesAdult day care-LPPPPP------
    Animal boarding, grooming, hospital, kennel, or shelter-LP-LLPPPPP-P
    Automated teller machine (ATM), Drive-throughAAAA--PAAAA -
    Automated teller machine (ATM), Walk-upAAAAAAAAAAAAA

    Child care center

    (13+ care receivers)

    -LPPPPPP--P--
    Convenience store with fueling-CLL--PL-----
    Convenience store-PPPPPPP--A--
    Craft production 9, 10PPPPPPPPPPP--
    Department store--PPPPP------
    Drug store without drive-throughPPPPPPP------
    Drug store with drive-throughPCPPP-CC--P--
    Dry cleaning-PPPPPPP-----
    Farm stand / farmers market--A-PPPA---PP
    Garden store (nursery)-PP--PPP-----
    Garden center (accessory)--A--APAA----
    Grocery store-LP-LLLP-----
    Hardware store-PP-PPPP-----
    Home furnishings, appliances, and electronics-LP-LLLP-----
    Home improvement center-LP---LPP----
    Personal servicesPPP-PPPP--P--
    General retail-PP-PPPP-----
    Shopping Center-PP-PPPP-----
    Studio or galleryPPP-PPP---PP-
    Veterinary services, small animalCCPPPPCPPP--A
    Industrial usesAgricultural product sales and service-------P--A--
    Construction services-------PPP---
    Food, beverage, and materials processing-------PPPA--
    Grain elevator-------P-PA--
    Greenhouse or nursery, wholesale-------P--A--
    Manufacturing and fabrication, General-------PPPA-P
    Manufacturing and fabrication, Heavy---------PA--
    Indoor plant agriculture--------PPA--
    Product assembly-------PPP---
    Salvage yard-------C-C---
    Storage, bulk-------C-CAPP
    Storage, hazardous materials / substances-------C-CA-P
    Storage, indoor--PP--PPPPAPP
    Storage, outdoor--A----LLL-PP
    Truck stop 5--C----CCCA--
    Veterinary clinic, large animal--C----CCCA--
    Warehousing and distribution--P----PPPA--
    Institutional usesAssisted living, nursing or congregate care (12+ care receivers)CCL-PPP------
    Cemetery or columbarium-----------PP
    College, university, or vocational school-PPPPPPPPPP--
    Community centerLLLAPPPP--PPP
    Community gardenP-----P---PPP
    Correctional placement residenceCC-CCCC------
    Crisis centerLLL-LLL---L--
    Cultural facilityLLP-LLPP--PPP
    Emergency shelterLLL-LLL---LPP
    Funeral home, crematory, or mortuaryL-P--LCPPP---
    LibraryPPP-PPPP-PP-P
    Parking lot-------PPP-PP
    Parking structureAAPAPPPAAAPPP
    Place of assemblyPPPAPPPPPPP--
    Post officePPPPPPPPPPP-P
    Private clubP---PPPPP-P--
    Public safety facility (police/fire/EMS)PPP-PPPPPPP-P
    Public works facility---P---PPP--P
    SchoolPPP--PPPP-P-P
    Social servicePPPPPPPP--P-P
    Utility usesElectrical substationLLL-LLLLPPPPP
    Power plant----------P-P
    Utility lift stationLLL-LLLLL-LPP
    Water / sewer treatment plant-------PPPP-P
    Telecommunication facilityPPPPPPPPP-PPP
    Telecommunication towerCCCCCCCCP-PPP
    Recreation and amusement usesAmphitheater or outdoor performance venue--CCCPP---PPP
    Arena, stadium, or arts theater, indoor--PCPCP---P P
    Campground-----------P-
    Commercial amusement, indoor -PP-PPPPP----
    Commercial amusement, outdoor --C--PCC-----
    Conference and convention center---P-PP---P P
    Golf course--P-------PP-
    Health and fitness club-PPPPPPPP-PP-
    Park and playground 1PPPPPPP---PPP
    Personal Instruction-PPPPPPPCCPP-
    Shooting or archery range C-----CCC---
    Special usesAirport------------P
    Batch plant-------CCC--P
    Broadcast studio 7-CCPCC-PPPP--
    Bus or taxi depot-CPPPPCPPPP-P
    Extraction---------C---
    Heliport / helistop--CC--CC----P
    Landfill---------C--P
    Recycling collection and processing-------C-P--P
    Waste transfer station---------C--P

    Notes

    1. 1.
      Private parks and playgrounds are not permitted except when accessory to a principal use in the CA and CD districts.
    2. 2.
      Only west of 5th Street.
    3. 3.
      [footnote deleted]
    4. 4.
      [footnote deleted]
    5. 5.
      Gasoline pumps, air and water services, and other accessory facilities may not be closer than 12 feet to a lot line. Gasoline island canopies may be located no closer than six feet to a lot line.
    6. 6.
      [footnote deleted]
    7. 7.
      The installation of a broadcasting tower that exceeds the maximum allowable height of the respective zoning district is subject to the requirements set out in Sec. 26-2E-9, Wireless Telecommunication Towers & Facilities.
    8. 8.
      [footnote deleted]
    9. 9.
      This use must front on the street at sidewalk level or have a well-marked and visible entrance at sidewalk level.
    10. 10.
      All activities associated with the use must be conducted within an enclosed building except within the IG district.

    Table 26-2D-4.1

    Commercial & Industrial Permitted Uses

    by Zoning District and Development Type

    Key

    P - Permitted by-right

    C - Permitted as a Conditional use

    L - Permitted as Limited subject to standards

    A - Accessory to P, C, or L uses

     
    Use CategorySubtypeZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI-1PI-2

    Automobile and heavy equipment use

    Automobile and motorcycle parts and accessories

    --P--PLP-----

    Automobile and vehicle wash

    -PP----PPP--A

    Automobile and motorcycle repair, light

    --P----PPPAAA

    Automobile repair, heavy

    -------PPPA-A

    Automobile and other vehicle sales, rental, and service

    --P----P-----

    Equipment and heavy vehicle sales, rental and service

    -------PP----

    Gas station 5

    -CLL--CLL-AAA

    Manufactured home /
    recreational vehicle sales

    -------PP----

    Heavy retail

    -------P-----

    Transportation system facility

    --------PP-PP

    Vehicle towing / storage

    -------P----P
    Hospitality usesAdult business--P-----P----
    Catering/Commercial KitchenPPPPPPPPP-PPP
    Event VenueCPPPPPP-P-PPP
    Liquor store -PP-PPPP-----
    Bar -PPPPPPP--A--
    Bed and breakfast innLLP-PPP------
    Beverage kiosk-CPC--CC-----
    Hotel or motel -CPPPPPP--P--
    Restaurant, brew pub, winery, or distillery -LP-PPL---P--
    Restaurant, dine-in-PPPPPPP--P--
    Restaurant, drive-through-CPC--CC--C--
    Short-term rentalLL--LLL---L--
    Residential usesSFR-DP---------P--
    SFR-APL--PPP---P--
    MFR (all types)LL-LPPP---P--
    Mixed-useLL-LPPP---P--
    Live–WorkPPPPPPPPP-P--
    Group Quarters (all types)---LPPP---P--
    Office and professional usesBank or credit union with drive-throughPPPP-P2CC--P--
    Bank or credit union without drive-throughPPPPPPPP--P--
    Government officePPPPPPPPP-PPP
    HospitalC-PP--PP--P-P
    Medical Clinics, Offices, Labs, and Urgent Care CentersPPPPPPPP--P-P
    General officePPPPPPPPPPPPP
    Research facilityP--PPP-PPPP--
    Retail and service usesAdult day care-LPPPPP------
    Animal boarding, grooming, hospital, kennel, or shelter-LP-LLPPPPP-P
    Automated teller machine (ATM), Drive-throughAAAA--PAAAA -
    Automated teller machine (ATM), Walk-upAAAAAAAAAAAAA

    Child care center

    (13+ care receivers)

    -LPPPPPP--P--
    Convenience store with fueling-CLL--PL-----
    Convenience store-PPPPPPP--A--
    Craft production 9, 10PPPPPPPPPPP--
    Department store--PPPPP------
    Drug store without drive-throughPPPPPPP------
    Drug store with drive-throughPCPPP-CC--P--
    Dry cleaning-PPPPPPP-----
    Farm stand / farmers market--A-PPPA---PP
    Garden store (nursery)-PP--PPP-----
    Garden center (accessory)--A--APAA----
    Grocery store-LP-LLLP-----
    Hardware store-PP-PPPP-----
    Home furnishings, appliances, and electronics-LP-LLLP-----
    Home improvement center-LP---LPP----
    Personal servicesPPP-PPPP--P--
    General retail-PP-PPPP-----
    Shopping Center-PP-PPPP-----
    Studio or galleryPPP-PPP---PP-
    Veterinary services, small animalCCPPPPCPPP--A
    Industrial usesAgricultural product sales and service-------P--A--
    Construction services-------PPP---
    Food, beverage, and materials processing-------PPPA--
    Grain elevator-------P-PA--
    Greenhouse or nursery, wholesale-------P--A--
    Manufacturing and fabrication, General-------PPPA-P
    Manufacturing and fabrication, Heavy---------PA--
    Indoor plant agriculture--------PPA--
    Product assembly-------PPP---
    Salvage yard-------C-C---
    Storage, bulk-------C-CAPP
    Storage, hazardous materials / substances-------C-CA-P
    Storage, indoor--PP--PPPPAPP
    Storage, outdoor--A----LLL-PP
    Truck stop 5--C----CCCA--
    Veterinary clinic, large animal--C----CCCA--
    Warehousing and distribution--P----PPPA--
    Institutional usesAssisted living, nursing or congregate care (12+ care receivers)CCL-PPP------
    Cemetery or columbarium-----------PP
    College, university, or vocational school-PPPPPPPPPP--
    Community centerLLLAPPPP--PPP
    Community gardenP-----P---PPP
    Correctional placement residenceCC-CCCC------
    Crisis centerLLL-LLL---L--
    Cultural facilityLLP-LLPP--PPP
    Emergency shelterLLL-LLL---LPP
    Funeral home, crematory, or mortuaryL-P--LCPPP---
    LibraryPPP-PPPP-PP-P
    Parking lot-------PPP-PP
    Parking structureAAPAPPPAAAPPP
    Place of assemblyPPPAPPPPPPP--
    Post officePPPPPPPPPPP-P
    Private clubP---PPPPP-P--
    Public safety facility (police/fire/EMS)PPP-PPPPPPP-P
    Public works facility---P---PPP--P
    SchoolPPP--PPPP-P-P
    Social servicePPPPPPPP--P-P
    Utility usesElectrical substationLLL-LLLLPPPPP
    Power plant----------P-P
    Utility lift stationLLL-LLLLL-LPP
    Water / sewer treatment plant-------PPPP-P
    Telecommunication facilityPPPPPPPPP-PPP
    Telecommunication towerCCCCCCCCP-PPP
    Recreation and amusement usesAmphitheater or outdoor performance venue--CCCPP---PPP
    Arena, stadium, or arts theater, indoor--PCPCP---P P
    Campground-----------P-
    Commercial amusement, indoor -PP-PPPPP----
    Commercial amusement, outdoor --C--PCC-----
    Conference and convention center---P-PP---P P
    Golf course--P-------PP-
    Health and fitness club-PPPPPPPP-PP-
    Park and playground 1PPPPPPP---PPP
    Personal Instruction-PPPPPPPCCPP-
    Shooting or archery range C-----CCC---
    Special usesAirport------------P
    Batch plant-------CCC--P
    Broadcast studio 7-CCPCC-PPPP--
    Bus or taxi depot-CPPPPCPPPP-P
    Extraction---------C---
    Heliport / helistop--CC--CC----P
    Landfill---------C--P
    Recycling collection and processing-------C-P--P
    Waste transfer station---------C--P

    Notes

    1. 1.
      Private parks and playgrounds are not permitted except when accessory to a principal use in the CA and CD districts.
    2. 2.
      Only west of 5th Street.
    3. 3.
      [footnote deleted]
    4. 4.
      [footnote deleted]
    5. 5.
      Gasoline pumps, air and water services, and other accessory facilities may not be closer than 12 feet to a lot line. Gasoline island canopies may be located no closer than six feet to a lot line.
    6. 6.
      [footnote deleted]
    7. 7.
      The installation of a broadcasting tower that exceeds the maximum allowable height of the respective zoning district is subject to the requirements set out in Sec. 26-2E-9, Wireless Telecommunication Towers & Facilities.
    8. 8.
      [footnote deleted]
    9. 9.
      This use must front on the street at sidewalk level or have a well-marked and visible entrance at sidewalk level.
    10. 10.
      All activities associated with the use must be conducted within an enclosed building except within the IG district.

    Table 26-2D-4.1

    Commercial & Industrial Permitted Uses

    by Zoning District and Development Type

    Key

    P - Permitted by-right

    C - Permitted as a Conditional use

    L - Permitted as Limited subject to standards

    A - Accessory to P, C, or L uses

     
    Use CategorySubtypeZoning Districts and Use Types
    Commercial and OfficeMixed UseIndustrial and ServiceSpecial
    BCCNCCBPCACDMXICSILIGUCPI-1PI-2

    Automobile and heavy equipment use

    Automobile and motorcycle parts and accessories

    --P--PLP-----

    Automobile and vehicle wash

    -PP----PPP--A

    Automobile and motorcycle repair, light

    --P----PPPAAA

    Automobile repair, heavy

    -------PPPA-A

    Automobile and other vehicle sales, rental, and service

    --P----P-----

    Equipment and heavy vehicle sales, rental and service

    -------PP----

    Gas station 5

    -CLL--CLL-AAA

    Manufactured home /
    recreational vehicle sales

    -------PP----

    Heavy retail

    -------P-----

    Transportation system facility

    --------PP-PP

    Vehicle towing / storage

    -------P----P
    Hospitality usesAdult business--P-----P----
    Catering/Commercial KitchenPPPPPPPPP-PPP
    Event VenueCPPPPPP-P-PPP
    Liquor store -PP-PPPP-----
    Bar -PPPPPPP--A--
    Bed and breakfast innLLP-PPP------
    Beverage kiosk-CPC--CC-----
    Hotel or motel -CPPPPPP--P--
    Restaurant, brew pub, winery, or distillery -LP-PPL---P--
    Restaurant, dine-in-PPPPPPP--P--
    Restaurant, drive-through-CPC--CC--C--
    Short-term rentalLL--LLL---L--
    Residential usesSFR-DP---------P--
    SFR-APL--PPP---P--
    MFR (all types)LL-LPPP---P--
    Mixed-useLL-LPPP---P--
    Live–WorkPPPPPPPPP-P--
    Group Quarters (all types)---LPPP---P--
    Office and professional usesBank or credit union with drive-throughPPPP-P2CC--P--
    Bank or credit union without drive-throughPPPPPPPP--P--
    Government officePPPPPPPPP-PPP
    HospitalC-PP--PP--P-P
    Medical Clinics, Offices, Labs, and Urgent Care CentersPPPPPPPP--P-P
    General officePPPPPPPPPPPPP
    Research facilityP--PPP-PPPP--
    Retail and service usesAdult day care-LPPPPP------
    Animal boarding, grooming, hospital, kennel, or shelter-LP-LLPPPPP-P
    Automated teller machine (ATM), Drive-throughAAAA--PAAAA -
    Automated teller machine (ATM), Walk-upAAAAAAAAAAAAA

    Child care center

    (13+ care receivers)

    -LPPPPPP--P--
    Convenience store with fueling-CLL--PL-----
    Convenience store-PPPPPPP--A--
    Craft production 9, 10PPPPPPPPPPP--
    Department store--PPPPP------
    Drug store without drive-throughPPPPPPP------
    Drug store with drive-throughPCPPP-CC--P--
    Dry cleaning-PPPPPPP-----
    Farm stand / farmers market--A-PPPA---PP
    Garden store (nursery)-PP--PPP-----
    Garden center (accessory)--A--APAA----
    Grocery store-LP-LLLP-----
    Hardware store-PP-PPPP-----
    Home furnishings, appliances, and electronics-LP-LLLP-----
    Home improvement center-LP---LPP----
    Personal servicesPPP-PPPP--P--
    General retail-PP-PPPP-----
    Shopping Center-PP-PPPP-----
    Studio or galleryPPP-PPP---PP-
    Veterinary services, small animalCCPPPPCPPP--A
    Industrial usesAgricultural product sales and service-------P--A--
    Construction services-------PPP---
    Food, beverage, and materials processing-------PPPA--
    Grain elevator-------P-PA--
    Greenhouse or nursery, wholesale-------P--A--
    Manufacturing and fabrication, General-------PPPA-P
    Manufacturing and fabrication, Heavy---------PA--
    Indoor plant agriculture--------PPA--
    Product assembly-------PPP---
    Salvage yard-------C-C---
    Storage, bulk-------C-CAPP
    Storage, hazardous materials / substances-------C-CA-P
    Storage, indoor--PP--PPPPAPP
    Storage, outdoor--A----LLL-PP
    Truck stop 5--C----CCCA--
    Veterinary clinic, large animal--C----CCCA--
    Warehousing and distribution--P----PPPA--
    Institutional usesAssisted living, nursing or congregate care (12+ care receivers)CCL-PPP------
    Cemetery or columbarium-----------PP
    College, university, or vocational school-PPPPPPPPPP--
    Community centerLLLAPPPP--PPP
    Community gardenP-----P---PPP
    Correctional placement residenceCC-CCCC------
    Crisis centerLLL-LLL---L--
    Cultural facilityLLP-LLPP--PPP
    Emergency shelterLLL-LLL---LPP
    Funeral home, crematory, or mortuaryL-P--LCPPP---
    LibraryPPP-PPPP-PP-P
    Parking lot-------PPP-PP
    Parking structureAAPAPPPAAAPPP
    Place of assemblyPPPAPPPPPPP--
    Post officePPPPPPPPPPP-P
    Private clubP---PPPPP-P--
    Public safety facility (police/fire/EMS)PPP-PPPPPPP-P
    Public works facility---P---PPP--P
    SchoolPPP--PPPP-P-P
    Social servicePPPPPPPP--P-P
    Utility usesElectrical substationLLL-LLLLPPPPP
    Power plant----------P-P
    Utility lift stationLLL-LLLLL-LPP
    Water / sewer treatment plant-------PPPP-P
    Telecommunication facilityPPPPPPPPP-PPP
    Telecommunication towerCCCCCCCCP-PPP
    Recreation and amusement usesAmphitheater or outdoor performance venue--CCCPP---PPP
    Arena, stadium, or arts theater, indoor--PCPCP---P P
    Campground-----------P-
    Commercial amusement, indoor -PP-PPPPP----
    Commercial amusement, outdoor --C--PCC-----
    Conference and convention center---P-PP---P P
    Golf course--P-------PP-
    Health and fitness club-PPPPPPPP-PP-
    Park and playground 1PPPPPPP---PPP
    Personal Instruction-PPPPPPPCCPP-
    Shooting or archery range C-----CCC---
    Special usesAirport------------P
    Batch plant-------CCC--P
    Broadcast studio 7-CCPCC-PPPP--
    Bus or taxi depot-CPPPPCPPPP-P
    Extraction---------C---
    Heliport / helistop--CC--CC----P
    Landfill---------C--P
    Recycling collection and processing-------C-P--P
    Waste transfer station---------C--P

    Notes

    1. 1.
      Private parks and playgrounds are not permitted except when accessory to a principal use in the CA and CD districts.
    2. 2.
      Only west of 5th Street.
    3. 3.
      [footnote deleted]
    4. 4.
      [footnote deleted]
    5. 5.
      Gasoline pumps, air and water services, and other accessory facilities may not be closer than 12 feet to a lot line. Gasoline island canopies may be located no closer than six feet to a lot line.
    6. 6.
      [footnote deleted]
    7. 7.
      The installation of a broadcasting tower that exceeds the maximum allowable height of the respective zoning district is subject to the requirements set out in Sec. 26-2E-9, Wireless Telecommunication Towers & Facilities.
    8. 8.
      [footnote deleted]
    9. 9.
      This use must front on the street at sidewalk level or have a well-marked and visible entrance at sidewalk level.
    10. 10.
      All activities associated with the use must be conducted within an enclosed building except within the IG district.

    (Ord. No. 7575, 05/15/2022; Ord. No. 7627, 02/05/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024; Ord. No. 7737, 01/14/2025; Ord. No. 7757, 06/03/2025; Ord. No. 7794, 11/18/2025) 

    Sec. 26-2E-1, Purpose

    The purpose of this Division is to promote compatibility among land uses by establishing specific standards for limited and conditional uses, as identified in the tables in Sec. 26-2C-3, Residential Permitted Uses, and Sec. 26-2D-4, Commercial & Industrial Uses.

    Sec. 26-2E-2, Applicability

  • A.
    Land Use Authorization and Permit Types. The tables set out in Division 26-2C, Residential Districts—Uses and Standards, and Division 26-2D, Commercial and Industrial Districts—Uses and Standards, identify certain land uses and specify their applicable development standards and methods of authorization, which include:
    1. 1.
      Limited Uses. Limited uses may be authorized by the Zoning Administrator if they meet the standards of Sections 26-2E-4 through 26-2E-12, and comply with all other applicable requirements of this Chapter.
    2. 2.
      Conditional Uses. Conditional uses require compliance with any applicable limited use standards, all applicable requirements of this Chapter, and require a public hearing and approval of a conditional use permit, as set out in Sec. 26-9D-7, Conditional Use.
  • B.
    Timing of Compliance. The standards of this Division apply at the time a limited or conditional use is requested to be established, or upon a permit application to expand a limited or conditional use by at least 10 percent of the gross square footage currently devoted to the use, whether within an existing or new building, into an outdoor area, or any combination thereof.
  • C.
    Uses Not Listed. Limited or conditional uses that are not listed in the land use tables must be determined using the process set out in Subsec. 26-2A-1D, Remedy for Unlisted Land Uses. 
  • D.
    Procedure: Limited Use Approval. Refer to Subsec. 26-9D-6E for review and approval procedures.
  • E.
    Procedure: Conditional Use Permit. Refer to Section 26-9D-7, Conditional Use, for conditional use review and approval procedures.
  • Sec. 26-2E-3, Residential Limitations

  • A.
    Manufactured Home. A manufactured home may be permitted if:
    1. 1.
      It complies with all applicable provisions of Sec. 26-4A-2, Manufactured Home Park Design.
    2. 2.
      It is located within a manufactured home park, which complies with the standards set out in Table 26-2C-3.1, Residential Permitted Uses by Zoning District and Development Type.
    3. 3.
      As of the effective date of this Chapter, it is located on an individual lot and placed on a permanent foundation with approved anchor bolts or tie-down straps.
  • B.
    Neighborhood Facility. A neighborhood facility may be permitted as a standalone use in a neighborhood, or a permitted accessory use to an apartment building or complex, provided:
    1. 1.
      The site circulation does not interfere with site parking, circulation, or required fire lanes.
    2. 2.
      The building is residential in scale and of a similar architectural character as adjacent or nearby residences.
    3. 3.
      Outdoor activity areas are fenced and screened, per Sec. 26-7C-4, Bufferyards, to adequately buffer the property from adjacent properties.
  • C.
    Cottage Home. A cottage home may be permitted if:
    1. 1.
      It complies with all applicable provisions of Sec. 26-4A-5, Cottage Villages.
    2. 2.
      It is located within a village development, which complies with the standards set out in Table 26-2C-3.1, Residential Permitted Uses by Zoning District and Development Type.

    As of the effective date of this Chapter, it is anchored to a permanent foundation.

  • Sec. 26-2E-4, Residential—Commercial Use of the Home

  • A.
    Bed and Breakfast Home. A bed and breakfast home may be permitted if:
    1. 1.
      It complies with the lighting standards in Division 26-7E, Outdoor Lighting.
    2. 2.
      When abutting a residential use, either an opaque, six-foot fence or a Type B bufferyard is required.
    3. 3.
      Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of 12 square feet that is affixed to the home or hung from a roof overhang or porch so that the sign is parallel to the home façade (see Secs. 26-7D-10, 26-7D-11, and 26-7D-12, for sign regulations for the residential zoning districts).
    4. 4.
      The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
    5. 5.
      The principal use of the home is an owner-occupied residence.
    6. 6.
      The home is inspected by the Building Official and Fire Marshal, with a written record indicating that the home meets all applicable adopted codes prior to occupancy.
    7. 7.
      Employees are restricted to residents of the dwelling.
    8. 8.
      The lot complies with the standards set out in Table 26-2C-2.2, Residential Permitted Uses by Zoning District and Development Type, within the district it is proposed to be located in.
  • B.
    Child Care Home. A child care home operation may be permitted if:
    1. 1.
      All legal requirements of state statutes are satisfied.
    2. 2.
      The use is in a single-family detached or attached dwelling that meets all standards of this Chapter.
    3. 3.
      Exterior play space is enclosed by a building, fence, or wall at least three feet high.
    4. 4.
      Employees may or may not be residents of the dwelling. Where no employees are residents of the dwelling, the dwelling cannot be closer than 500 feet along the same street, measured from lot line to line, to another dwelling used as a child care home where no employees are residents of the dwelling.
  • C.
     Short-term Rental (STR). An STR may be permitted if it meets the following standards:
    1. 1.
      When the dwelling unit is used as an STR, it must not be occupied by, or offered to be rented to, more than one family.  
    2. 2.
      The dwelling unit and site being used as an STR must remain residential in appearance, character, and function.
    3. 3.
      Any dwelling unit used for an STR must be a legally established dwelling unit, or must obtain a Registration of Nonconforming Use, as required in Sec. 26-8E-3. An STR may not be established in a dormitory, fraternity or sorority housegroup homehotel or motel, bed and breakfast home, or a bed and breakfast inn, or other group quarters.
    4. 4.
      STRs in buildings other than one- or two-family dwellings must comply with the adopted building code and fire code.
    5. 5.
      The STR must comply with all applicable license and permit requirements, as required by the State of Kansas and the City.
    6. 6.
      A sign related to the STR must comply with Division 26-7DSigns, for the applicable zoning district.
    7. 7.
      No catered functions or special events may be offered, when rented as a STR, such as weddings, receptions, large parties or gatherings, business meetings.
  • (Ord. No. 7794, 11/18/2025) 

    Sec. 26-2E-5, Commercial—Automobile and Heavy Equipment Uses

  • Automobile and Motorcycle Parts and Accessories. Automobile parts and accessory stores may be permitted if:
    1. Delivery of products, materials, and merchandise may be accommodated without use of public rights-of-way for truck maneuvering or parking.
    2. No overnight storage of material, merchandise, or equipment is permitted except within the principal building.
    3. There is no outdoor display of parts, products, or materials beyond what is permitted and regulated by "Outdoor Display of Merchandise" in Sec. 26-2D, Commercial and Industrial Districts - Uses and Standards.
    4. The use is conducted within a building and does not include automobile repair on the premises.
  • Gas Station. A gas station may be permitted if:
    1. Only minor automobile repairs are performed within the principal building.
    2. No overnight storage of material, merchandise, or equipment is permitted except within the principal building.
    3. All vehicles on the premises, other than those at the pumps or waiting for ancillary facilities, e.g., car wash, vacuum station, air pump, etc., are stored in parking lots with an improved hard surface and is screened according to Sec. 26-7C-4, Bufferyards.
    4. No wrecked or inoperable vehicles are allowed on the property.
    5. The use is separated from the RL, RL-A, and RM districts by a Type-B bufferyard.
    6. Canopies are connected to and integrated into the architectural design of the building in terms of color, cladding, roofing, and roof pitch.
    7. Circulation for the car wash is separate from the rest of the site and a stacking lane includes a minimum eight-foot-wide lane to bypass the car wash.
    8. In the event the use is discontinued or abandoned:
      1. All buildings, accessory structures, and landscaping are maintained in good condition.
      2. All signs and sign supports are removed within 30 days following cessation of the use as set out in Division 26-7D, Signs.
      3. The use complies with provisions of the fire code concerning abandonment of underground gasoline tanks.
      4. Gasoline pumps and lighting poles are removed in compliance with the fire code.
  • Home Improvement Center. A home improvement center may be permitted if:
    1. In the districts where this use is limited, the building does not exceed a gross floor area of 25,000 square feet.
    2. Permanent outdoor storage areas for merchandising of building and landscape materials conform to the standards set out in the "Outdoor Display of Merchandise" in Division 26-2D, Non-Residential Districts—Uses and Standards.
    3. Delivery of products, materials, and merchandise may be accommodated without use of public rights-of-way for truck maneuvering or parking.
    4. A Type-C bufferyard separates the use from all RL, RL-A, and RM districts.
    5. There will be an additional one foot of setback for each additional two feet of height over 20 feet when adjacent to an RL, RL-A, RM, or BC district.
  • Sec. 26-2E-6, Commercial—Hospitality Uses

  • A.

    Bed and Breakfast Inn. Bed and Breakfast Inns may be permitted if:

    1. 1.
      The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
    2. 2.
      There are no more than three non-resident employees.
    3. 3.
      All required state and local licenses are obtained.
    4. 4.
      The inn is inspected by the Building Official and Fire Marshall, with a written record indicating that the inn meets all adopted codes prior to occupancy as a bed and breakfast inn.
    5. 5.
      Guest rooms may consist of a single room or suite of rooms, but in no instance will there be more than nine guest sleeping rooms, which will not include the owner’s residence.
    6. 6.
      The minimum floor area per guest unit is at least 500 square feet.
    7. 7.
      Functions offered to non-overnight guests must conclude by no later than 10:00 p.m., which may be further limited for conditional uses.
  • B.

    Restaurant, Brew Pub/Winery/Distillery. Production of beer, wine, and spirits with on-premises consumption may be allowed if:

    1. 1.

      The use will not create odors that are perceptible and offensive to other properties.

    2. 2.

      The establishment has secured all necessary permits and licenses required for the use.

    3. 3.

      The primary area devoted to on-site consumption must:

      1. a.

        Be located at the primary public entrance within the building.

      2. b.

        Provide street-level transparency, such that not less than 60 percent of the area of street-facing façades at a height between two feet and eight feet above the adjacent grade is composed of windows or glass doors.

      3. c.
        Utilize no less than 25 percent of the gross floor area.
  • C.

    Event Venue. An event venue may be permitted if:

    1. 1.
      Food and beverage preparation is limited to on-site consumption for guests.
    2. 2.
      Events are limited to 25 people in the University Fringe Overlay or RH district and 50 people in the BC district, not including employees.
    3. 3.
      A Type-A bufferyard screens any outdoor portion of the venue space from adjacent residential uses.
    4. 4.
      The use is in compliance with noise regulations set forth in Chapter 22 of the Code of Ordinances. 
    5. 5.
      Outdoor activities do not involve amplified sound or music, except briefly and intermittently for ceremonies or speakers.
    6. 6.
      Sounds emanating from indoor activities such as music are not unreasonably detectable beyond the property line.
    7. 7.
      Events are held on the property no more than 52 days out of the year in the University Fringe Overlay and RH district.
    8. 8.
      Events are not conducted between 10:00 p.m. and 7:00 a.m.
    9. 9.
      Outdoor activities are limited to a total of four hours per day.
    10. 10.
      The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
  • D.
    Short-term Rental (STR). See Subsec. 26-2E-4C for regulations.
  •  

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

    Sec. 26-2E-7, Commercial—Residential Uses

  • A.
    CN, BP, and Residential Master Planned Districts: Residential and mixed uses are permitted in the CN, BP, and residential master planned districts if:
    1. 1.
      The footprints of buildings dedicated to residential uses do not constitute more than 50% of the total building footprint area on the lot. Mixed-use buildings with residential uses located above and/or below non-residential uses will cumulatively count as one building footprint, but only half of the building footprint area will be considered dedicated to residential uses in this calculation.
    2. 2.
      Except for residential uses in vertically mixed-use buildings, residential buildings are no taller than one story above the tallest non-residential use building on the lot.
    3. 3.
      There are no single-family detached residences.
    4. 4.
      Except in the BP district, residential uses do not constitute more than two-thirds of the total interior building floor area on the lot.
    5. 5.
      In the CN district, there are no large multiple-family residences and no more than 17 dwelling units in a mixed-use building.
    6. 6.
      In a Residential MP, the number of dwelling units in a mixed-use building does not exceed the highest number of units allowed in the most intensive multiple-family building permitted in the base zoning district with the MP option, as seen in Table 26-2C-3.1 For example, a mixed-use building in an RL/MP would be limited to five units whereas a mixed-use building in an RL-A/MP would be limited to 17 dwelling units.
  • B.
    BC District: Residential and mixed uses are permitted in the BC district if:
    1. 1.
      There are no large multiple-family residences and no more than 17 dwelling units in a mixed-use building.
    2. 2.
      Automobile access for single-use residential buildings adjacent to an alley is taken from the alley.
    3. 3.
      Parking for single-use residential buildings with more than two dwellings is located entirely behind all street-facing façade planes of the building.
    4. 4.
      At least one building entrance on the ground floor of a street-facing façade has access to a public sidewalk.
  • (Ord. No. 7677, 12/05/2023; Ord. No. 7737, 01/14/2025) 

    Sec. 26-2E-8, Commercial—Retail and Service Uses

  • A.
    Adult Day Care. An adult day care may be permitted if:
    1. 1.
      Outdoor activity areas are fenced and screened to adequately secure the property.
    2. 2.
      The site circulation accommodates guest drop-off and pick-up without interfering with site parking or circulation, or required fire lanes.
    3. 3.
      The use will be operated in accordance with all applicable laws and, if a state permit is required, such permit is obtained.
  • B.
    Animal Boarding, Grooming, Hospital, Kennel, or Shelter. These animal-related facilities and services may be permitted if: 
    1. 1.
      The use is not located in a mixed-use building that contains dwelling units.
    2. 2.
      Excessive noise from the use is not audible outside of the space in which the use is located, or, if the use is located in a freestanding, single-use building, noise from the use must not be audible at the property line.
    3. 3.
      If the use includes a kennel or shelter:
      1. a.
        The minimum lot area allocated to the use is at least half an acre.
      2. b.
        The use is located at least 200 feet from an RL, RL-A, or RM district, or the building is sound-attenuated such that the sound is not audible at the property line.
      3. c.
        If the use is located in a multi-tenant building, ventilation systems control odors and allergens and prevent their circulation into other parts of the building.
      4. d.
        Dog runs will be securely fenced to contain the animals and will not be used between 9:00 p.m. and 7:00 a.m.
      5. e.
        Dog runs are screened from abutting properties and public rights-of-way by a Type B bufferyard that includes a minimum six-foot-high opaque fence or wall.
  • C.
    Grocery Store. Grocery stores may be permitted if:
    1. 1.
      Within the CA and CD districts:
      1. a.
        Sidewalk sales comply with the provisions of Subparagraph 26-2D-1B-8D.
      2. b.
        The use does not include accessory uses such as vehicle fueling.
      3. c.
        Parking areas are designed to reflect the urban context of the district, including on-street and structured parking, or parking lots to the side or rear of the principal building that do not disrupt the building and street frontage.
      4. d.
        No drive-through uses are permitted.
      5. e.
        Loading areas are located on side or rear elevations and include barrier walls or enclosures to minimize noise and visual impacts, as displayed in Figure 26-2E-8.1, Service Area Enclosure.
    2. 2.
      Within districts other than the CA and CD districts:
      1. a.
        Truck docks and bays are located on a building elevation that is not directly visible from street rights-of-way, and if adjacent to an RL, RL-A, or RM district, must include a 10-foot wall or fence and a Type C bufferyard.
      2. b.
        Drive-through lanes for a pharmacy or other uses are separate from the circulation for on-site parking and must include an eight-foot wide "escape lane" to bypass the drive-through lane(s).
  •  Figure 26-2E-8.1

    Service Area Enclosure

    1. D.
      Convenience Store with Fueling. A convenience store with fueling may be permitted if:
      1. 1.
        There are no more than four gasoline pumps providing no more than eight fueling spots.
      2. 2.
        There are no more than eight electric vehicle charging stations.
    2. E.
      Child Care Center. A child care center may be permitted if:
      1. 1.
        The use will be operated in accordance with all applicable laws and, if a state permit is required, such permit is obtained.
      2. 2.
        The site circulation accommodates child drop-off and pick-up without interfering with site parking or circulation, or required fire lanes.
      3. 3.
        If the use is established in a residential district, the building must be residential in scale and of a similar architectural character as adjacent or nearby residences.
      4. 4.

        The facility is a minimum of 1,000 feet from any other child care facility along the same street, measured from property line to property line.

      5. 5.

        Outdoor activity and play areas are fenced and screened to adequately secure the property and to mitigate noise for adjacent properties.

    3. F.
      Home Furnishings, Appliances, and Electronics. Home furnishing stores may be permitted if:
      1. 1.
        In the districts where this use is limited, the building does not exceed a gross floor area of 25,000 square feet.
      2. 2.
        Truck loading areas are located on a building elevation that is not directly visible from street rights-of-way, and if adjacent to an RL, RL-A, or RM district, must include a six-foot wall or fence and a Type B bufferyard to produce an opaque screen.
      3. 3.
        The site is designed to include a merchandise pick-up area that does not interfere with site parking or circulation, or required fire lanes.
      4. 4.
        In the CC district, the use is conducted entirely indoors and does not include temporary outdoor sales or display of merchandise.

    (Ord. No. 7715, 09/17/2024; Ord. No. 7794, 11/18/2025) 

    Sec. 26-2E-9, Commercial—Recreation and Amusement Uses

  • A.
    Recreation Fields. Ball diamonds, playing fields, driving ranges, tennis courts, and similar amusement or recreation uses have unique requirements for nighttime visibility and, generally, have limited hours of operation. These uses may meet the following standards for approval of lighting:
    1. 1.

      Site Plan Conformance. The site plan meets all other requirements and, to the maximum extent practicable, lighting is located to avoid shining at a residential district.

    2. 2.

      Height. Luminaires are no more than 80 feet above grade.

    3. 3.
      Cut-Off Fixtures. The light sources are full cut-off fixtures, which may have a cut-off angle that extends beyond the property boundaries if a landscaped bufferyard is provided to prevent light and glare spill-over to abutting residential property. The Zoning Administrator may require more opaque bufferyards than those in Sec. 26-7C-4, Bufferyards, to achieve this objective.
  • B.

    Outdoor Commercial Amusement Uses. Outdoor Commercial Amusement Uses that require a conditional use permit must provide a lighting plan with the application. This lighting plan must show the location, height, and illumination characteristics of the proposed lighting to determine if the proposed use will comply with this Division.

  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2E-10, Commercial & Industrial—Outdoor Storage

  • Industrial/Commercial Services (ICS) and Light Industrial (IL) Districts. Outdoor storage areas are permitted if the area is screened from public view by an opaque fence with a minimum height of six feet that conforms with the materials set out in Sec. 26-7A-7A, Accessory Structures.
  • General Industrial (IG) District. Outdoor storage areas are permitted if all the following apply to the area:
    1. It occupies a maximum of 50 percent of the gross floor area of the principal building.
    2. It is located either within the buildable area, or in a rear or interior side yard.

    3. It is screened from public view in one of the following ways:

      1. Views from the public right-of-way are completely blocked by the principal building.

      2. Enclosed by an opaque fence with a minimum height of eight feet that conforms with the materials set out in Sec. 26-7A-7A, Accessory Structures.
    4. The materials that are stored in the outdoor storage area are not hazardous and do not tend to provide habitat for pests and rodents.

  • (Ord. No. 7627, 02/07/2023) 

    Sec. 26-2E-11, Institutional and Utility Uses

  • A.
    Assisted Living, Nursing, or Congregate Care. Assisted living, nursing, or congregate care homes may be permitted if:
    1. 1.
      The facility will be designed to mitigate the noise of adjacent roadways and uses for units on exterior elevations.
    2. 2.
      Parking is situated to the side or rear of the facility, and if adjacent to any non-residential district(s), will include a Type-B bufferyard.
    3. 3.
      The site circulation accommodates resident drop-off and pick-up without interfering with site parking or circulation, or required fire lanes.
    4. 4.
      For facilities located within a residential district, the building is residential in scale and of a similar architectural character as adjacent or nearby residences.
    5. 5.
      For uses with a capacity of more than 50 residents, access is taken from a collector or arterial street or frontage road.
  • B.
    Community Center or Cultural Facility. A community center or cultural facility may be permitted if:
    1. 1.
      For sites that include parking for more than 75 visitors, access is taken from a collector or arterial street or frontage road.
    2. 2.
      Parking is situated to the side or rear of the center or facility, and if abutting any residential use, will include a Type-B bufferyard or site-obscuring screening.
    3. 3.
      Outdoor activity and play areas are fenced and screened to adequately secure the property and to mitigate noise for adjacent properties.
  • C.
    Correctional placement residence. A correctional placement residence may be permitted if:
    1. 1.
      Where a permitted or limited use, the lot has an area of at least 7,500 square feet for up to four residents, plus 1,500 square feet for each additional resident, including live-in staff members. Where a conditional use, the lot has an area of at least 10,000 square feet for the same limitations.
    2. 2.
      It is no closer than 1,000 feet to an existing correctional placement residence or facility, measured from the nearest lot line(s).
    3. 3.
      No more than 10 people reside in the correctional placement residence or facility, including no more than two live-in staff members.
    4. 4.
      No more than two residents receiving treatment occupy the same bedroom.
    5. 5.
      Off-street parking minimums follow the requirements for multiple-family residential use.
    6. 6.
      For facilities located in a residential district, the building is residential in scale and of a similar architectural character as adjacent or nearby residences. Any additions or enlargements must maintain the residential style of the structure, including roof pitch and siding materials.
    7. 7.
      The facility is current on all licenses and registrations for its operations by state and federal agencies.
  • D.
    Crisis Center. A crisis center may be permitted if:
    1. 1.
      The property where the center is located is owned by a 501 (C) (3) corporation.
    2. 2.
      The use is registered with the City.
  • E.
    Electric Substation. Electric substations may be permitted if:
    1. 1.
      A new electrical substations is not located in an Established Neighborhood Overlay (O-EN) district. Existing facilities located in Established Neighborhood Overlay (O-EN) districts may continue as conforming uses and may be expanded if:
      1. a.
        Landscaping and buffering is provided as set out in this subsection.
      2. b.
        The facility setback requirements are met as set out in this subsection.
      3. c.
        Substations are for distribution or collector substation facilities only and not transmission substations.
    2. 2.
      Electrical substations in all residential and commercial districts are set back as follows:
      1. a.
        If the secure area of the substation has a footprint of 12,500 sq. ft. or less, then it is set back at least:
        1. 1.
          25 feet from public rights-of-way.
        2. 2.
          50 feet from commercial property lines.
        3. 3.
          75 feet from residential property lines.
      2. b.
        If the secure area of the substation has a footprint of more than 12,501 sq. ft., then it is set back at least:
        1. 1.
          50 feet from public rights-of-way.
        2. 2.
          75 feet from commercial property lines.
        3. 3.
          100 feet from residential property lines.
      3. c.
        These setbacks may be waived if the utility lines are buried and the substation is concealed within an enclosed building, in which case, the setbacks are the same as those for the principal building in the same district.
    3. 3.
      Electrical substations in all residential and commercial districts that are not concealed within buildings are screened with a Type-B bufferyard planted around the outside of the security fence, except at points of entry.
    4. 4.
      The substation will adhere to the lighting standards in Division 26-7E.
    5. 5.
      Any substation equipment that is taller than 35 feet above the ground plane must be set back an additional two feet for each additional one foot in height above 35 feet.
    6. 6.
      In all districts:
      1. a.
        All buildings and structures will either have exteriors which give the appearance of a structure permitted in the district it is located in or will be screened from view by a Type-B bufferyard from public rights-of-way or any private property located in any residential district.
      2. b.
        All electric substation uses will be fenced where any hazard to the safety of human or animal life is present.
      3. c.
        No service or storage yard will be permitted except as permitted for other uses in the district.
      4. d.
        The level of noise emanating from the use must not exceed 60 dB(A) measured at any lot line.
  • F.
    Emergency Shelter. An emergency shelter may be permitted if:
    1. 1.
      The property where the center is located is owned by a 501 (C) (3) corporation.
    2. 2.
      The use is registered with the City.
  • G.
    Funeral Home, Crematory, or Mortuary. Funeral homes and related facilities may be permitted if:
    1. 1.
      Access is taken from a frontage road or access drive, or from a collector or arterial street.
    2. 2.
      The site layout and circulation plan provides for on-site queuing for processionals.
    3. 3.
      Parking is situated to the side or rear of the facility, and if adjacent to an RL, RL-A, or RM district, will include a Type-B bufferyard.
    4. 4.
      If cremation is performed on site, a supplemental filtration system is installed to capture airborne mercury and particulate matter.
  • H.
    Institutional Office. Institutional offices may be permitted if:
    1. 1.
      There will be no noise, smoke, dust, odor, or vibrations emanating from the property detectable beyond the property line.
    2. 2.
      The property abuts a residential use outside of the O‐UF, a Type‐A bufferyard is installed between the use and the abutting residential use.
  • I.
    [not used]
  • J.
    Place of Assembly. A place of assembly may be permitted if:
    1. 1.
      In an Established Neighborhood (O-EN) overlay district:
      1. a.
        A Type-B bufferyard or sight-obscuring screening is installed between the use and abutting residential uses.
      2. b.
        Shared off-street parking on non-contiguous lots, per Sec. 26-7B-13, Shared Parking, is permitted only through a conditional use permit approval per Sec. 26-9E-1.
      3. c.
        The use complies with the standards for non-residential uses found in Table 26-4A-1.1, Bulk Standards for the O-EN District 
    2. 2.
      In the RL, RL-A, and RM districts without the O-EN overlay district, the use complies with the standards in Table 26-2E-11.1, Standards for Places of Assembly. These standards supersede the standards for non-residential uses found it Sec. 26-2C-4, Residential Types and Standards, unless otherwise stated. 
  • Table 26-2E-11.1 

    Standards for Places of Assembly

    StandardResidential Zoning District
    RLRL-ARM

    NOTES:

    1. 1.
       See Sec. 26-7C-4, Bufferyards for more information.

    Minimum Lot Width

    100 ft.

    Same as base district

    Same as base district

    Minimum Building Setbacks

    20 ft. from front and side property lines, 25 ft. from the rear.

    Same as base district

    Same as base district

    Required bufferyard along residential property lines 1

    Type C

    Type B

    Type A

    Table 26-2E-11.1 

    Standards for Places of Assembly

    StandardResidential Zoning District
    RLRL-ARM

    NOTES:

    1. 1.
       See Sec. 26-7C-4, Bufferyards for more information.

    Minimum Lot Width

    100 ft.

    Same as base district

    Same as base district

    Minimum Building Setbacks

    20 ft. from front and side property lines, 25 ft. from the rear.

    Same as base district

    Same as base district

    Required bufferyard along residential property lines 1

    Type C

    Type B

    Type A

    Table 26-2E-11.1 

    Standards for Places of Assembly

    StandardResidential Zoning District
    RLRL-ARM

    NOTES:

    1. 1.
       See Sec. 26-7C-4, Bufferyards for more information.

    Minimum Lot Width

    100 ft.

    Same as base district

    Same as base district

    Minimum Building Setbacks

    20 ft. from front and side property lines, 25 ft. from the rear.

    Same as base district

    Same as base district

    Required bufferyard along residential property lines 1

    Type C

    Type B

    Type A

    Table 26-2E-11.1 

    Standards for Places of Assembly

    StandardResidential Zoning District
    RLRL-ARM

    NOTES:

    1. 1.
       See Sec. 26-7C-4, Bufferyards for more information.

    Minimum Lot Width

    100 ft.

    Same as base district

    Same as base district

    Minimum Building Setbacks

    20 ft. from front and side property lines, 25 ft. from the rear.

    Same as base district

    Same as base district

    Required bufferyard along residential property lines 1

    Type C

    Type B

    Type A

    1. F.
      Private ClubA private club may be permitted if:
      1. 1.
        All activity is conducted indoors. 
      2. 2.
        Building capacity is limited to a maximum of 25 people.
      3. 3.
        Any on-site preparation and consumption of food or drink is accessory to the primary use.
      4. 4.
        The use must be screened from all abutting residential property with a Type-A bufferyard.
      5. 5.
        The use complies with noise regulations in Chapter 22 of the Code of Ordinances.
      6. 6.
        Activities are concluded by 10:00 p.m. and begin no earlier than 5:00 a.m.
      7. 7.
        Operations do not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence.
    2. G.
      Public Safety Facility (Police/Fire/EMS)A public safety facility may be permitted if:
      1. 1.
        The facility's lot abuts a collector or arterial street.
      2. 2.
        Emergency vehicles take direct access to and from the abutting collector or arterial street.
      3. 3.
        A Type-B bufferyard screens the use from all abutting residential uses. 
    3. H.
      Public Works Facility. A public works facility may be permitted if:
      1. 1.
        The total site area is half an acre or smaller in size.
      2. 2.
        The site is screened with a Type-C Bufferyard from all abutting residential uses.
      3. 3.
        The facility is occupied by ten employees or less at any given time.
    4. I.
      Utility Lift Station. A utility lift station may be permitted if:
      1. 1.
        The site is screened with a Type-A bufferyard around its perimeter.
      2. 2.
        The site is located at least 15 feet from the nearest residential property line.
      3. 3.
        The site includes at least one parking stall improved with permeable parking pavers.
      4. 4.
        The use will not create or cause any perceptible noise, electrical interference, or vibrations that constitute a nuisance for adjacent property owners.
      5. 5.
        Lighting is shielded and directed away from adjacent properties, subject to Division 26-7E, Outdoor Lighting.

    (Ord. No. 7575, 05/17/2022; Ord. No. 7627, 02/07/2023) 

    Sec. 26-2E-12, Wireless Telecommunication Towers & Facilities

  • A.
    Purpose. The purpose of this Section is to regulate the placement, construction, and modification of wireless telecommunication facilities on private property in order to protect the health, safety, and welfare of the public, without unreasonably interfering with the development of wireless telecommunication facilities. The objectives are to:
    1. 1.
      Ensure that wireless telecommunication regulations do not unreasonably discriminate among functionally equivalent service providers.
    2. 2.
      Ensure that the regulation of personal wireless telecommunication services do not prohibit or have the effect of prohibiting the provision of such services.
    3. 3.
      Encourage the safe, effective, and efficient provision of personal wireless telecommunication services to the community.
    4. 4.
      Avoid potential damage to property caused by wireless telecommunication facilities by ensuring that such facilities are soundly designed, constructed, maintained, and removed when no longer used or when determined to be structurally unsound.
    5. 5.
      Promote and encourage shared use and collocation of wireless telecommunication towers and other facilities as the primary option for personal wireless telecommunications services.
    6. 6.
      Ensure that wireless telecommunication facilities, particularly wireless telecommunication towers, are compatible with surrounding land uses.
    7. 7.
      Minimize the potential adverse visual impact of wireless telecommunication facilities through good design, siting, landscaping and camouflaging techniques.
    8. 8.
      Protect residential areas and other land uses from potential adverse impacts of wireless telecommunication facilities.
  • B.
    Applicability. All wireless telecommunication facilities, or portions thereof, that are located within the City are subject to this Section, except:
    1. 1.
      Amateur Radio Operators. This Section does not apply to any short-wave radio tower that is owned and operated by a federally licensed amateur radio station.
    2. 2.
      Residential AntennasThis Section does not apply to accessory antennas attached to residential structures whose purpose is receiving television, radio, microwave, telephone, digital data, or similar forms of wireless information transmission for the sole use of the occupants.
    3. 3.
      Utility Poles. This Section will not apply to utility poles utilized solely for the support of electrical, telephone, cable television, or similar cables and wires, located within public rights-of-ways or easements for that purpose, and which are part of a system of such poles throughout the City.
    4. 4.
      Broadcast Systems and Facilities. This Section will not apply to towers or wireless telecommunication facilities utilized for the transmission of signals that do not constitute personal wireless telecommunications services.
    5. 5.
      Small cell facilities in the public right-of-way. Small cell facilities located in the public right-of-way will be defined and regulated by Chapter 30, Article XII of the Code.
  • C.
    Wireless Telecommunications Facilities. Wireless telecommunications facilities may be permitted if it is demonstrated that:
    1. 1.
      Collocation Requirement. The intent of collocation is to have several providers use the same structure or site to keep the number of wireless telecommunication facilities to a minimum as a means of reducing the overall visual impacts throughout the community. If collocation is a practical alternative to the construction of a new wireless telecommunication towers or other support structure, then collocation is required.
    2. 2.
      Attachment Alternative. If it is practical to attach facilities to water towers, existing transmission towers, existing buildings, light poles, or utility poles, then such locations must be used instead of new wireless tele​​​​​​communications towers or other support structures.
    3. 3.
      Demonstration of Need and Study of Alternatives. No new wireless telecommunication tower or other support structure will be approved unless it is demonstrated that:
      1. a.
        The proposed wireless telecommunication facility fits into and fills a need within an overall system plan for the City.
      2. b.
        The following locations are impractical alternatives for reasons of structural support capabilities, safety, available space, or service coverage area objectives that cannot be remedied through the use of alternative equipment that would provide the same services and coverage:
        1. 1.
          Collocation on existing wireless telecommunication towers or other existing support structures.
        2. 2.
          Attachment to water towers or existing transmission towers.
        3. 3.
          Attachment to existing buildings, or light or utility poles.
      3. c.
        There are no alternative sites within 8,000 feet of the parcel proposed for development that are:
        1. 1.
          Available.
        2. 2.
          Feasible for the type and level of service proposed.
        3. 3.
          Less visible from State highways, arterial streets, and areas of natural scenic value.
    4. 4.
      Design Requirements for Attached Facilities. Wireless tele​​​​​​​communication facilities that are attached to existing buildings and structures, other than wireless tele​​​​​​​communication towers, are subject to the following requirements:
      1. a.
        Attached facilities will be placed on or within a building or structure, such as on the side of a building or parapet wall, architectural tower or cupola, in an architecturally sensitive manner. Facilities that are not concealed within a building or structure will be of a neutral color that is identical to, or closely compatible with, the color of the supporting building or structure they are attached to, so as to minimize their visual impacts.
      2. b.
        Where possible, attached facilities must be disguised as an architectural feature or design element of a building, provided that the feature is compatible in terms of architectural style, height, mass, scale, and color; and reasonably screens the facility from ground level view.
      3. c.
        Façade-mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.
      4. d.
        The maximum height of a facility that is mounted on a rooftop is the shorter of:
        1. 1.
          20 feet taller than the building it is attached to; or
        2. 2.
          10 feet taller than the maximum height allowed in the district for a principal building.
      5. e.
        Rooftop antennas will either be:
        1. 1.
          Mounted to a penthouse;
        2. 2.
          Set back such that they are not visible from ground level on adjacent public rights-of-way or residential uses or districts at a distance of 100 feet or less; or
        3. 3.
          Reasonably screened from ground level view, and designed in a manner which is compatible with the materials, colors, and architectural details of the existing building or structure.
      6. f.
        For rooftop facilities that extend more than 10 feet from the roof location where they are mounted, the facility must be set back at least one foot for each additional foot of height over 10 feet that the facility extends above the top of the building. This requirement may be waived only if the applicant demonstrates that it materially impedes the function of the facility.
      7. g.
        Equipment that does not depend upon an elevated location to operate will be located:
        1. 1.
          Within a building;
        2. 2.
          Within an underground enclosure; or
        3. 3.
          Within an enclosure at ground level which is screened from view from all abutting properties, streets, and trails.
    5. 5.
      Wireless Telec​​​​​​​ommunication Towers Zoning Requirements. In non-residential districts, wireless tele​​​​​​​communication towers and other support structures are a principal structure and use. In residential districts, wireless tele​​​​​​​communication towers and other support structures are a second principal structure and use.
      1. a.
        Towers. A wireless telecommunication tower requires a conditional use permit in all zoning districts. No person will erect a wireless telecommunication tower on any parcel of land unless an application for a conditional use permit is approved.
      2. b.
        Wireless Telec​​​​​​​ommunications Facilities in Residential Districts. Wireless tele​​​​​​​communications facilities are a conditional use in any residential zoning district, except a planned unit development. No person will erect wireless tele​​​​​​​communications facilities within any residential zoning district, unless an application for a conditional use permit is approved.
      3. c.
        Wireless Telec​​​​​​​ommunications Facilities in Non-Residential Districts. Wireless telecommunications facilities are a permitted use in any non-residential district, except a planned unit development. No person will erect wireless tele​​​​​​​communication facilities within any non-residential district, unless an application for a permit is made to and approved by the Zoning Administrator.
      4. d.
        Municipal Facilities. Wireless telecommunication facilities supported on municipal facilities are a second permitted principal use in any district, except a planned unit development. No person will erect wireless telecommunication facilities upon any municipal facilities, unless an application for a permit is made to and approved by the Zoning Administrator.
      5. e.
        Towers, Stealth Monopoles, and Wireless Telec​​​​​​​ommunication Facilities in a Planned Unit Development. Wireless Tele​​​​​​​communication structures proposed to be located within a planned unit development will be subject to the provisions of Sec. 26-2B-3, Planned Unit Development Provisions, and if located within an existing planned unit development, the specific ordinance establishing the planned unit development, as amended. No person will erect any wireless tele​​​​​​​communication structure in a planned unit development unless:
        1. 1.
          An application for a planned unit development amendment is made and approved by the Manhattan Urban Area Planning Board and City Commission, provided that, if the ordinance that establishes and controls the planned unit development expressly permits wireless tele​​​​​​​communication towers or other support structures in its text, rather than by reference to another zoning district of these regulations, an application for an amendment is not required; or
        2. 2.
          An application for an administrative permit is made and approved by the Zoning Administrator.
      6. f.
        Stealth Monopoles. Stealth monopoles are a permitted use in all non-residential districts: however, if the proposed location is within 500 feet of a designated historic property or district, or within 200 feet of a residential district, the stealth monopole is a conditional use. No person will erect a stealth monopole in a district it is a permitted use in, unless:
        1. 1.
          An application for an administrative permit is made and approved by the Zoning Administrator.
        2. 2.
          In a residential district, the procedures set out in Sec. 26-9E-1, Conditional Use, are followed, or in a planned unit development, the procedures set out in Sec. 26-9D-2, Planned Unit Development , are followed.
    6. 6.
      Pre-Existing Structures. Pre-existing structures will not be required to meet the requirements of this Section, except that the following paragraphs apply to pre-existing structures: 26-2E-12C-14, Modification and Replacement26-2E-12C-15, Applicable Permits, Certifications, and Inspections26-2E-12C-16, Maintenance, and 26-2E-12C-17, Abandonment.
    7. 7.
      Lot Size Requirements. Wireless tele​​​​​​​communication structures may be located on a tract of a lot that is smaller than the minimum lot size of the base zoning district, provided that, the lot that the tract is located on meets the minimum lot size for the base district. The parent lot, and not the tract, will be considered for the calculation of the required area for which public notice is to be provided.
    8. 8.
      Bulk Regulations
      1. a.
        Maximum Height
        1. 1.
          The height of a tower or stealth monopole will be regulated by this Section, except that if such structure is located within the Airport Overlay (O-A) district, the height limitations of the O-A district will also apply to the structure.
        2. 2.
          The height of a wireless telecommunication tower, including any antenna, must not exceed 150 feet, as measured from the ground. The maximum height limitation does not include a lightning rod, which must not exceed an additional 20 feet in height.
        3. 3.
          The total height of a stealth monopole must not exceed 50 feet, as measured from the ground.
        4. 4.
          The following height requirements will apply to wireless tele​​​​​​​communication facilities mounted externally on towers, other support structures, or municipal facilities:
          1. A.
            On structures 30 feet in height or less, wireless tele​​​​​​​communication facilities will be mounted consistent with the Stealth Design Principles, below.
          2. B.
            On structures between 31 and 60 feet in height, wireless tele​​​​​​​communication facilities will not extend more than 10 feet above the roofline or surface they are mounted on, as measured from the finish level of the portion of the roof or surface it is mounted on.
          3. C.
            On structures 61 feet in height or more, wireless tele​​​​​​​communication facilities will not extend more than 15 feet above the roofline or surface they are mounted on, as measured from the finish level of the portion of the roof or surface they are mounted on.
      2. b.
        Setback Restrictions
        1. 1.
          Wireless Telecommunication Towers. Wireless telecommunication towers must be set back from all property lines a distance equal to the height of the tower, including any antenna, plus any other appurtenance such as a lightning rod.
        2. 2.
          Stealth Monopoles. Stealth monopoles must be set back from all property lines a distance equal to the fall zone of the structure, as certified by the structure manufacturer’s engineer. If the fall zone is not ascertainable, the stealth monopole must be set back from all property lines a distance equal to the height of the stealth monopole, including any antenna, plus other appurtenances.
        3. 3.
          Accessory ground-level equipment including guy-wire anchors must follow the setbacks for accessory uses in the applicable zoning district.
    9. 9.
      Structural Requirements
      1. a.
        All wireless tele​​​​​​​communication facilities will be designed and certified by an engineer to be structurally sound and will, at a minimum, be in conformance with these regulations and all applicable federal and city codes.
      2. b.
        All wireless telecommunication towers and stealth monopoles will be designed and constructed to collapse on themselves to minimize the impact on surrounding properties.
      3. c.
        No new wireless telecommunication tower or stealth monopole will be built, constructed or erected in the City unless the wireless telecommunication tower is capable of collocation. All new telewireless communication towers less than 100 feet in height and all new stealth monopoles will provide space for at least two separate wireless telecommunication service providers. All new wireless telecommunication towers 100 feet or higher in height will provide space for at least three separate wireless telecommunication service providers.
    10. 10.
      Use Limitations
      1. a.
        Stealth Design. The Board of Zoning Appeals, or in the case of a Planned Unit Development, the Manhattan Urban Area Planning Board and City Commission, may require stealth design of a wireless telecommunication facility or other wireless telecommunication communications facilities, in accordance with Stealth Design Principles, below, depending on the character of the proposed location and type of wireless telecommunication tower or other facility.
      2. b.
        Illumination
        1. 1.
          Wireless telecommunication towers will not be artificially lighted except as required by the Federal Aviation Administration (FAA).
        2. 2.
          Notwithstanding that required by the FAA, in the case of a stealth wireless tele​​​​​​​communication facility, illumination may be provided that is appropriate and customary for the type of stealth facility, as approved by the Board of Zoning Appeals, Manhattan Urban Area Planning Board, and City Commission, as applicable.
        3. 3.
          Security lighting may be installed around the base of a wireless telecommunication tower or other wireless tele​​​​​​​communication facilities, provided the lighting is a full cut-off design to prevent direct light from being cast upon nearby property and to prevent glare on nearby public streets, as approved by the Board of Zoning Appeals, Manhattan Urban Area Planning Board, and City Commission, as applicable.
      3. c.
        Screening and Landscaping. All landscaping on a parcel of land containing wireless tele​​​​​​​communication facilities will conform with the applicable landscaping requirements in the district where the facilities are located, as set out in Sec. 26-7C-3, Development Landscaping. The Board of Zoning Appeals, or in the case of a Planned Unit Development, the Manhattan Urban Area Planning Board and City Commission, may require year-round landscaping and/or screening in order to reduce visual impacts and enhance the compatibility of wireless tele​​​​​​​communication facilities with the character of nearby land uses and the area. Such screening may consist of walls, fencing, and/or landscaping, or combinations thereof, as approved by the appropriate body.
      4. d.
        Parking and Access. The parcel of land a wireless tele​​​​​​​communication facility is located on will contain at least one off-street parking space on the site, and will otherwise conform with the requirements of Sec. 26-7B-3, Off-Street Parking.
    11. 11.
      Signs
      1. a.
        Signs Prohibited. No signs, flyers, flags or banners will be permitted on any wireless tele​​​​​​​communication facility, except as may be required by the FAA, FCC, other federal or state agency or the City. A flag may be hung on an approved stealth flagpole structure in accordance with Division 26-7D, Signs.
      2. b.
        Removal of Signs. The owner must remove any sign placed on any wireless tele​​​​​​​communication facility in violation of this Section within seven days of receiving notice of removal from the City.
      3. c.
        Emergency Contact Sign. Notwithstanding any contrary provisions of this Chapter, the following sign will be permanently attached to the entrance of the ​​​​​​​wireless telecommunication​​​​​​​ facility site: A sign, one to five square feet in size, indicating the name and address of the wireless telecommunication facility owner, including a 24-hour phone number where the owner may be reached in the event of an emergency. In the case of a stealth monopole, the required sign will be sized and designed to blend with the character of the location and may be placed on the equipment enclosure.
    12. 12.
      Stealth Design Principles. Stealth wireless tele​​​​​​​communication facilities will be designed to blend in with the character and environment of the area they are proposed to be located in, and to enhance compatibility with nearby land uses by minimizing visual impacts. Stealth wireless tele​​​​​​​communication facilities will incorporate the following design principles, as applicable to the type of wireless tele​​​​​​​communication facility and character of the location:
      1. a.
        Preserve the pre-existing character of the area as much as possible.
      2. b.
        Minimize the height, mass, and proportion of wireless tele​​​​​​​communication facilities to minimize impacts on the character of the nearby area.
      3. c.
        Minimize the silhouette presented by new wireless telecommunication towers, stealth monopoles, and antenna arrays. Monopoles are favored over lattice-type towers; antennas mounted inside an antenna support structure or monopole, or mounted flush to the antenna support structure, are favored over triangular “top-hat” or other projecting external types of antenna arrays.
      4. d.
        Use colors, textures, and materials that blend in with the existing environment; surfaces will be painted, or otherwise treated, to match or complement existing background structures and surfaces, and to minimize reflection.
      5. e.
        Conceal wireless tele​​​​​​​communication facilities from view by placing inside a building, steeple, penthouse, clock tower, flagpole, or other appropriate structure. Architectural additions or appurtenances to existing facilities that are intended to conceal wireless tele​​​​​​​communication facilities must be designed to be appropriate in mass, scale, material, texture, color, and character with the existing facility.
      6. f.
        Camouflage and/or disguise wireless tele​​​​​​​communication facilities like another type of structure or object, through methods including design, placement, use of materials, texture, color, or year-round landscaping and screening to blend in with the character of the surroundings, or integrate into the architectural elements and character of an existing facility to such an extent that it is indistinguishable by the casual observer from the structure it is located on, or from the surroundings it is placed in. Stealth monopoles designed to look like a flagpole will utilize a flag that is appropriately sized for the height of the pole. A stealth monopole disguised as a tree is not allowed. Wireless tele​​​​​​​communication facilities mounted on roofs or similar structures must be concealed from view by placement and setback from the edges and/or through use of architectural screening that is in character with the building or structure.
      7. g.
        Locate wireless tele​​​​​​​communication facilities in areas where trees and/or buildings obscure some or all the wireless tele​​​​​​​communication facilities from view, and install new year-round landscaping and screening around the site where visible from public streets or residential areas.
      8. h.
        Locate accessory equipment inside a building or in underground vaults when possible. Screen ground-level wireless tele​​​​​​​communication facilities through use of walls, fencing, or year-round landscaping, or combinations thereof, which is appropriate in design, height, and material to the character of the location and the facility to be screened.
    13. 13.
      Exceptions. The Board of Zoning Appeals may grant exceptions to Lot Size Requirements, Bulk Regulations (pertaining to collocation), and Use Limitations, in accordance with this Section. To apply for an exception, the applicant will submit an application as set out in Sec. 26-9E-3, Exception.
    14. 14.
      Modification and Replacement
      1. a.
        Modification or Updating of Pre-Existing Structures. Pre-existing structures will meet all requirements of this Section upon modification or equipment upgrades, except that the City will not impose any new requirements if a pre-existing structure is modified to facilitate collocation or to increase the number of providers, provided that the height of the pre-existing structure is not increased.
      2. b.
        Replacement of Wireless Telec​​​​​​​ommunication Facilities and Pre-Existing Structures. All wireless tele​​​​​​​communication facilities, including pre-existing structures that are desired to be upgraded, or that are damaged or destroyed, may be upgraded or rebuilt through administrative review and approval, provided that the replacement or upgraded wireless tele​​​​​​​communication facility or structure is the same as the original in type, location, height, and character and that the replacement wireless tele​​​​​​​communication facility or structure complies with the requirements of this Section. If the replacement or upgraded wireless tele​​​​​​​communication facility are not the same as the original in type, location, height, and character, and/or does not meet the requirements of this Section, the wireless tele​​​​​​​communication facility owner or developer will follow the appropriate procedures to build or rebuild the wireless tele​​​​​​​communication facility, pursuant to Wireless Telec​​​​​​​ommunication Towers Zoning Requirements, above.
      3. c.
        Pre-Application Conference Required. Prior to the modification or replacement of any wireless tele​​​​​​​communication facility or pre-existing structure, the wireless telecommunication facility owner or developer must participate in a pre-application conference with the Zoning Administrator for the purposes of discussing application requirements, if any, specifics of the site and plans for modification or replacement of the facility. The purpose of the pre-application conference is to determine what information will be submitted for review of the proposed modification or replacement.
    15. 15.
      Permits, Inspections and Certifications. The applicant must apply for and receive all applicable City permits prior to the construction of an antenna support structure or wireless tele​​​​​​​communication facility. Wireless telecommunication facilities will conform to the requirements of the applicable city codes and all other construction standards set forth by federal and state law. The City may inspect the wireless tele​​​​​​​communication facility and issue a certificate of occupancy prior to use by the provider(s). It will be a violation of this Section for an owner to place, construct or use a wireless tele​​​​​​​communication facility without the required permit, inspection, or certificate of occupancy.
    16. 16.
      Maintenance
      1. a.
        Owners will employ ordinary and reasonable care and will install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public, including sufficient anti-climbing and other measures to reduce the potential for trespass or injury.
      2. b.
        Owners will install and maintain wireless tele​​​​​​​communication facilities and other equipment in compliance with the requirements of all federal, state and local codes and regulations, and in a manner that will not interfere with the use of other property.
      3. c.
        All wireless tele​​​​​​​communication facilities will be maintained in good condition, order, and repair.
      4. d.
        Licensed maintenance and construction personnel will perform all maintenance and construction of wireless tele​​​​​​​communication facilities.
      5. e.
        All wireless tele​​​​​​​communication facilities will comply with the current RF emission standards, as determined by the FCC.
    17. 17.
      Abandonment
      1. a.
        Wireless Telec​​​​​​​ommunication Facility with One Provider. In the case of a non-collocated wireless tele​​​​​​​communication facility, the date of abandonment occurs when the owner has either:
        1. 1.
          Failed to start operations within 90 days of completion of the wireless tele​​​​​​​communication facility; or
        2. 2.
          Ceased operations for a period of 90 or more consecutive days.
      2. b.
        Wireless Telec​​​​​​​ommunication Facility with more than One Provider. In the case of a collocation wireless tele​​​​​​​communication facility, the date of abandonment occurs when the owner has either:
        1. 1.
          Failed to start operations within 180 days of completion of the wireless tele​​​​​​​communication facility; or
        2. 2.
          Ceased operation for a period of 180 days, beginning on the date when the final, single provider has ceased operation.
      3. c.
        The owner and/or provider will provide the City a copy of its notice to the FCC of intent to cease operations. The owner must remove the wireless tele​​​​​​​communication facilities at the owner’s expense within 180 days from the date of abandonment. If the owner and/or provider fails to provide the City with the proper notice of intent to cease operations, and the City learns that a wireless tele​​​​​​​communication facility has been abandoned, the owner must remove the wireless telecommunication facility at the owner’s expense within 90 days of receipt of a written notice from the City to remove the wireless telecommunication facility.
      4. d.
        If the owner does not remove the wireless telecommunication facility within the required time period, the City will require that the landowner remove the wireless telecommunication facility pursuant to the agreement between the City and the landowner. If the landowner refuses to remove the wireless telecommunication facility as required, the City will remove the wireless telecommunication facility and place a lien on the property in the amount of all direct and indirect costs associated with the dismantling and disposal of the wireless telecommunication facility.
  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2F-1, Authorization

    Accessory uses are permitted in any zoning district in connection with any principal use which is either permitted or conditional. See Sec. 26-7A-7 for bulk regulations for accessory structures.

    (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2F-2, Accessory Residential Uses

  • A.
    Generally. Uses that are accessory to residential uses will be subject to the requirements of this Section. The height and setback requirements are found in Sec. 26-7A-7, Fences and Accessory Structures.
  • B.
    Urban Core Residential (RC) District. Table 26-2C-3.1, Residential Permitted Uses by Zoning District and Development Type determines the uses that are accessory to the RC district, subject to the following standards:
    1. 1.
      Accessory uses open to the general public are limited to the ground floor;
    2. 2.
      Accessory uses devoted solely to the tenants of a residential building, such as a fitness center or shared laundry facilities, may be located above the ground floor;
    3. 3.
      The total gross floor area of all accessory non-residential uses within a single building may not exceed 25 percent of the gross building floor area, or 15,000 square feet, whichever is less;
    4. 4.
      All accessory non-residential uses must have frontage on North Manhattan Avenue;
    5. 5.
      All business, service, storage, and display of goods must be conducted within a completely enclosed building, excluding:
      1. a.
        Walk-up automated teller machines (ATMs).
      2. b.
        Outdoor dining areas accessory to restaurants.
      3. c.
      4. d.
        Temporary merchandise displays located in the spill-out zone.
  • C.
    Neighborhood Facility. See Subsec. 26-2E-3B.
  • D.
    Home Business. No home business will be established, altered, or enlarged in any residential district unless it complies with these standards, and may be permitted if:
    1. 1.

      The home business is conducted entirely within the principal residential building, or in a permitted accessory structure, except a family day care home is permitted to have an outdoor play area.

    2. 2.

      No person is employed by the home business, unless they reside in the dwelling unit. The only uses permitted to employ persons who do not reside in the dwelling unit are family day care homes, which may have one additional employee, and business offices, which may have up to two additional employees.

    3. 3.

      No alterations are made to the dwelling that changes its residential character or appearance.

    4. 4.

      Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of six square feet that is affixed securely and flat against a wall of the home or accessory structure.

    5. 5.

      Mechanical or electrical equipment supporting the home business is limited to that which is self-contained within the structure and normally used for domestic or household purposes.

    6. 6.

      There is no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation.

    7. 7.

      The business does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight and typically used for residential delivery services.

    8. 8.
      The business will not create or cause any noise, odor, smoke, electrical interference, vibrations, or other externalities that are perceptible beyond the lot lines.
    9. 9.

      The business does not exceed the greater of 35 percent of the gross floor area of the principal building or 1,000 square feet, whichever is less. There are no limitations for businesses located entirely in an attached or detached garage or other detached accessory structure.

    10. 10.

      The business will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes.

    11. 11.

      The business will not result in the presence of more than four patrons on the premises at any one time or the parking or storage of more than four patron vehicles at any one time.

    12. 12.
      The following uses are prohibited:
      1. a.
        All automobile and heavy equipment uses.
      2. b.
      3. c.

        All utility uses, industrial uses, and special uses.

      4. d.
      5. e.

        Large animal veterinary services.

      6. f.
      7. g.
        Any restaurant type, excluding craft production.
    13. 13.
      No stock-in-trade will be displayed, rented, sold, or stored on the premises, except for articles produced by persons residing on the premises, and except for items customarily stored or sold through a home business.
    14. 14.

      Parking needs generated by the home business are satisfied on-site.

    15. 15.
      The business will be operated in accordance with all applicable laws and, if a state permit is required, such permit will be obtained.
  • E.
    Public Utilities. See the standards set out for electrical substations and utility lift stations in Sec. 26-2E-11, Institutional and Utility Uses.
  • (Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024) 

    Sec. 26-2F-3, Accessory Commercial & Industrial Uses

  • A.
    Generally. Accessory uses and structures must comply with the building setback and coverage requirements applicable to the district in which they are located.
  • B.
    Automobile Wash. A car wash may be permitted as an accessory use if:
    1. 1.
      Accessory equipment, such as vacuum bays, are set back at least 20 feet from all property lines.
    2. 2.
      In addition to the car wash and vacuum bays, a minimum of one additional parking space is included for each bay, which does not interfere with vehicular circulation or entrance or exit drives.
    3. 3.
      Bay access is oriented perpendicular to street rights-of-way or, alternatively, a six-foot screen wall or a Type B bufferyard is provided to prevent headlight glare into streets or residential property.
    4. 4.
      All facilities are designed and configured so that any outdoor spraying preparation or drying activities are directed away from any abutting residential properties.
    5. 5.
      All mechanical equipment, excluding self-service vacuum units, is enclosed within a building.
    6. 6.
      A water recycling system is applied to all full-service or conveyor-based automobile wash facilities, which is equipped with a maintained and correctly functioning water recycling system that will recycle not less than 50 percent of the water being used by the facility
  • C.
    Farm stand or Farmers Market. A farm stand or farmers market may be permitted as an accessory use if:
    1. 1.
      The stand or market is incidental to a permitted and operational principal use, located on the same lot or parcel.
    2. 2.
      If temporary, the use is operated in accordance with the standards set out in Sec. 26-2G-4, Temporary Use Standards.
    3. 3.
      If the use includes permanent improvements, it complies with all standards of this Chapter for a principal use.
    4. 4.
      Access conforms to the standards set out in Sec. 26-5C-10, Access Management.
    5. 5.
      There are no fewer than eight parking spaces directly accessible and within 75 feet of the farm stand, or for a farmers market, parking is provided at a rate of two spaces for each market stand, stall, or space.
  • D.
    Outdoor Storage. Outdoor storage is allowed only in conjunction with a principal use. It is subject to the same screening and landscaping requirements as for outdoor storage in the IG district in Sec. 26-2E-10.
  • E.
    Storage Building. A storage building may be permitted as an accessory use if:
    1. 1.
      It is located within the building envelope and constructed of the same building materials and colors as the principal building, or it is located to the side or rear of the principal building.
    2. 2.
      It does not reduce the minimum required parking for the principal building.
    3. 3.
      It is set back from all property lines a minimum distance of 10 feet.
    4. 4.
      It is constructed on site and does not include containers, portable-on-demand storage (PODS) units, or temporary sheds.
    5. 5.
      A Type-B or D bufferyard screens the building from any adjacent residential use or district.
  • (Ord. No. 7627, 02/07/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024) 

    Sec. 26-2F-4, Accessory Use Limitations

  • A.
    All accessory structures and uses will comply with the use limitations applicable in the zoning district they are located in.
  • B.
    No zoning lot may be utilized for any accessory structure or use before the principal structure or use is built.
  • C.
    No zoning lot may be utilized for a use or structure that was accessory to a principal use or structure after such time as the principal use or structure has been eliminated, unless the remaining use or structure complies with all regulations of the district as a permitted use.
  • D.
    Nothing in this article will be deemed to allow any zoning lot to exceed the number of residential living units permitted by the zoning district it is located in.
  • E.
    Nothing in this article will be deemed to allow for storage or overnight parking of trucks or buses (as an accessory use) in a residential district.
  • (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2G-1, Permitted Temporary Uses

    The following uses of land are permitted in each zoning district, unless restricted to particular zoning districts, subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted:

    1. A.
      Christmas tree sales in any commercial or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no tree may be displayed within 30 feet of the intersection of the curb line of any two streets.
    2. B.
      Contractor offices and equipment sheds, in connection with a construction project, and which are located on the construction site, are allowed only during the duration of such projects. They may not contain sleeping or cooking accommodations.
    3. C.
      Containers for moving furniture during a move-in or move-out.
    4. D.
      Real estate offices and model homes incidental to a new housing development, are allowed until the sale or lease of either 90 percent of the dwelling units in the development or of 90 percent of units located within 200 feet of the property the office or model home is located on, whichever occurs first.
    5. E.
      Display of goods and merchandise related to seasonal sales of live planting stock, landscaping materials, and firewood may be conducted outside of enclosed buildings in any commercial district or commercial planned unit development (PUD) for a period of not more than a total of 10 weeks in any six-month period except as permitted by other provisions of these regulations, and subject to the following conditions:
      1. 1.
        An area equivalent to not more than five percent of the total floor area of the primary enclosed building, or 500 square feet, whichever is less, may be used for open display and sales of seasonal outdoor merchandise.
      2. 2.
        No portion of the display shall be located in any required front yard setback, or on publicly owned property.
      3. 3.
        No portion of the display shall be located such that it interferes with the primary traffic circulation, or reduces the provided parking space below the minimum required for the enclosed building or buildings
      4. 4.
        Other promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than a total of two weeks in any three-month period subject to the following conditions:
      5. 5.
        No portion of the display may be on publicly owned property unless the applicant has first have obtained approval for such use from the City.
    6. F.
      Fireworks stands, stationary or mobile, may only be located in commercial or industrial districts or in commercial or industrial areas of a PUD.

    (Ord. No. 7677, 12/05/2023) 

    Sec. 26-2G-2 [deleted]

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

    Sec. 26-2G-3 [deleted]

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

    Sec. 26-2G-4, Temporary Use Standards

  • A.
    Location and Site Requirements. Temporary uses must:
    1. 1.
      Have legal access to the site where the use is to be conducted.
    2. 2.
      Be conducted in areas designated by an approved temporary use plan or site plan.
    3. 3.
      Be set back 30 feet from public rights-of-way, except in the RL, RL-A, RM, CA, and CD districts.
  • B.
    Access, Circulation, and Parking. A temporary use must:
    1. 1.
      Have adequate sight distances for safe vehicular ingress and egress.
    2. 2.
      Take access from a street with adequate capacity for the anticipated volume of traffic.
    3. 3.
      Not obstruct vehicular circulation nor access by emergency service providers.
    4. 4.
      Provide safe circulation by:
      1. a.
        Maintaining access to permanent uses operating simultaneous to the temporary use.
      2. b.
        Providing directional signage.
      3. c.
        Minimizing points of conflict between vehicles and pedestrians.
  • C.
    Utilities. Temporary uses must provide sufficient potable water and adequate sewage disposal.
  • D.
    Outdoor Lighting. Refer to Division 26-7E, Outdoor Lighting).
  • E.
    Public Convenience and Litter Control
    1. 1.
      Adequate public restroom facilities may be required on-site.
    2. 2.
      Adequate waste containers and a written guarantee to the City will be required such that all litter will be removed at no expense to the City.
  • (Ord. No. 7677, 12/05/2023)