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Manhattan City Zoning Code

ARTICLE 26

3. Overlay Districts

Sec. 26-3A-1, Purpose

  • Purpose. Overlay districts are specialized districts applied over base zones that typically impose additional regulations, allow for additional uses, provide for architectural and design regulations, or may do some combination of any of those functions. They are applied in order to achieve special protection, flexibility, and/or aesthetic purposes.
  • Additional Standards. In addition to the typical development standards in this Chapter, there are architectural and development design regulations for some of the overlay districts in Article 26-4, Design Standards. Other standards may be applicable throughout this chapter.
  • Sec. 26-3A-2, Zoning Overlay Districts Established

    Table 26-3A-2.1

    Zoning Overlay Districts

    Name

    Designation

    PurposeFormer Zoning Overlay Designation 1

    Airport Overlay

     

    O-A

    This overlay district is established to manage the use and development of land in the vicinity of the Manhattan Regional Airport in a manner that is compatible with its continued operations and utility and furthermore, to protect the public investment in, and benefits provided by, the facility to the region. Additionally, the overlay district protects the public health, safety, convenience, and general welfare of citizens who utilize the facility by preventing the creation or establishment of obstructions or incompatible land uses that are hazardous to the airport's operation.

    (See Sec. 26-3B-1, Airport Overlay (O-A) District)

    AO

    Established Neighborhood Overlay

     

    O-EN

    This overlay district is intended to conserve the traditional character of the older neighborhoods as represented in the spatial arrangement of blocks, streets, and alleys; compact rectangular lots, smaller building setbacks, and larger lot coverage; historic architectural styles; tree-lined streets and efficient pedestrian utility. In recognition of these characteristics, which the community values for their unique place-making qualities, the O-EN District protects and makes most of the bulk regulations and lot size requirements conforming as of the effective date of this Chapter. 

    (See Sec. 26-3B-2, Established Neighborhood (O-EN) Overlay District)

    TNO

    Floodway Overlay

    O-FW

    This overlay district boundaries are the FEMA Floodway, as shown on the current FIRM. FW

    Floodway Fringe Overlay

    O-FF

    This overlay district's boundaries are identified on the FIRM as numbered and unnumbered A Zones (including A, AE, AO and AH Zones), and Zone X (Future Conditions 1% Annual Flood Hazard).FF

     

     

      

    Redevelopment Design Overlay

    O-RD

    This overlay district ensures that multiple-family infill development is functionally integrated and compatible with the traditional character of the established neighborhoods. 

    M-FRO

    Eureka Valley / K-18 Overlay 

    O-EV

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan through the use of design standards that balance the Flint Hills character with quality development by commercial and industrial employers.Not Applicable

    Gateway Corridor Overlay 

    O-GC

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan by transitioning from and providing for quality urban development that is compatible with the natural Flint Hills setting.Not Applicable

    Manhattan Business Park Overlay

    O-MBP

    This overlay district provides a broader range of permitted land uses and support services than the base zoning districts to accommodate and increase flexibility in establishment size.MBPO

    University Fringe Overlay

    O-UF

    This overlay district permits uses commonly associated with and in near proximity to a major educational institution, but which are not located on the institution's property.UO

    Table 26-3A-2.1

    Zoning Overlay Districts

    Name

    Designation

    PurposeFormer Zoning Overlay Designation 1

    Airport Overlay

     

    O-A

    This overlay district is established to manage the use and development of land in the vicinity of the Manhattan Regional Airport in a manner that is compatible with its continued operations and utility and furthermore, to protect the public investment in, and benefits provided by, the facility to the region. Additionally, the overlay district protects the public health, safety, convenience, and general welfare of citizens who utilize the facility by preventing the creation or establishment of obstructions or incompatible land uses that are hazardous to the airport's operation.

    (See Sec. 26-3B-1, Airport Overlay (O-A) District)

    AO

    Established Neighborhood Overlay

     

    O-EN

    This overlay district is intended to conserve the traditional character of the older neighborhoods as represented in the spatial arrangement of blocks, streets, and alleys; compact rectangular lots, smaller building setbacks, and larger lot coverage; historic architectural styles; tree-lined streets and efficient pedestrian utility. In recognition of these characteristics, which the community values for their unique place-making qualities, the O-EN District protects and makes most of the bulk regulations and lot size requirements conforming as of the effective date of this Chapter. 

    (See Sec. 26-3B-2, Established Neighborhood (O-EN) Overlay District)

    TNO

    Floodway Overlay

    O-FW

    This overlay district boundaries are the FEMA Floodway, as shown on the current FIRM. FW

    Floodway Fringe Overlay

    O-FF

    This overlay district's boundaries are identified on the FIRM as numbered and unnumbered A Zones (including A, AE, AO and AH Zones), and Zone X (Future Conditions 1% Annual Flood Hazard).FF

     

     

      

    Redevelopment Design Overlay

    O-RD

    This overlay district ensures that multiple-family infill development is functionally integrated and compatible with the traditional character of the established neighborhoods. 

    M-FRO

    Eureka Valley / K-18 Overlay 

    O-EV

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan through the use of design standards that balance the Flint Hills character with quality development by commercial and industrial employers.Not Applicable

    Gateway Corridor Overlay 

    O-GC

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan by transitioning from and providing for quality urban development that is compatible with the natural Flint Hills setting.Not Applicable

    Manhattan Business Park Overlay

    O-MBP

    This overlay district provides a broader range of permitted land uses and support services than the base zoning districts to accommodate and increase flexibility in establishment size.MBPO

    University Fringe Overlay

    O-UF

    This overlay district permits uses commonly associated with and in near proximity to a major educational institution, but which are not located on the institution's property.UO

    Table 26-3A-2.1

    Zoning Overlay Districts

    Name

    Designation

    PurposeFormer Zoning Overlay Designation 1

    Airport Overlay

     

    O-A

    This overlay district is established to manage the use and development of land in the vicinity of the Manhattan Regional Airport in a manner that is compatible with its continued operations and utility and furthermore, to protect the public investment in, and benefits provided by, the facility to the region. Additionally, the overlay district protects the public health, safety, convenience, and general welfare of citizens who utilize the facility by preventing the creation or establishment of obstructions or incompatible land uses that are hazardous to the airport's operation.

    (See Sec. 26-3B-1, Airport Overlay (O-A) District)

    AO

    Established Neighborhood Overlay

     

    O-EN

    This overlay district is intended to conserve the traditional character of the older neighborhoods as represented in the spatial arrangement of blocks, streets, and alleys; compact rectangular lots, smaller building setbacks, and larger lot coverage; historic architectural styles; tree-lined streets and efficient pedestrian utility. In recognition of these characteristics, which the community values for their unique place-making qualities, the O-EN District protects and makes most of the bulk regulations and lot size requirements conforming as of the effective date of this Chapter. 

    (See Sec. 26-3B-2, Established Neighborhood (O-EN) Overlay District)

    TNO

    Floodway Overlay

    O-FW

    This overlay district boundaries are the FEMA Floodway, as shown on the current FIRM. FW

    Floodway Fringe Overlay

    O-FF

    This overlay district's boundaries are identified on the FIRM as numbered and unnumbered A Zones (including A, AE, AO and AH Zones), and Zone X (Future Conditions 1% Annual Flood Hazard).FF

     

     

      

    Redevelopment Design Overlay

    O-RD

    This overlay district ensures that multiple-family infill development is functionally integrated and compatible with the traditional character of the established neighborhoods. 

    M-FRO

    Eureka Valley / K-18 Overlay 

    O-EV

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan through the use of design standards that balance the Flint Hills character with quality development by commercial and industrial employers.Not Applicable

    Gateway Corridor Overlay 

    O-GC

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan by transitioning from and providing for quality urban development that is compatible with the natural Flint Hills setting.Not Applicable

    Manhattan Business Park Overlay

    O-MBP

    This overlay district provides a broader range of permitted land uses and support services than the base zoning districts to accommodate and increase flexibility in establishment size.MBPO

    University Fringe Overlay

    O-UF

    This overlay district permits uses commonly associated with and in near proximity to a major educational institution, but which are not located on the institution's property.UO

    Table 26-3A-2.1

    Zoning Overlay Districts

    Name

    Designation

    PurposeFormer Zoning Overlay Designation 1

    Airport Overlay

     

    O-A

    This overlay district is established to manage the use and development of land in the vicinity of the Manhattan Regional Airport in a manner that is compatible with its continued operations and utility and furthermore, to protect the public investment in, and benefits provided by, the facility to the region. Additionally, the overlay district protects the public health, safety, convenience, and general welfare of citizens who utilize the facility by preventing the creation or establishment of obstructions or incompatible land uses that are hazardous to the airport's operation.

    (See Sec. 26-3B-1, Airport Overlay (O-A) District)

    AO

    Established Neighborhood Overlay

     

    O-EN

    This overlay district is intended to conserve the traditional character of the older neighborhoods as represented in the spatial arrangement of blocks, streets, and alleys; compact rectangular lots, smaller building setbacks, and larger lot coverage; historic architectural styles; tree-lined streets and efficient pedestrian utility. In recognition of these characteristics, which the community values for their unique place-making qualities, the O-EN District protects and makes most of the bulk regulations and lot size requirements conforming as of the effective date of this Chapter. 

    (See Sec. 26-3B-2, Established Neighborhood (O-EN) Overlay District)

    TNO

    Floodway Overlay

    O-FW

    This overlay district boundaries are the FEMA Floodway, as shown on the current FIRM. FW

    Floodway Fringe Overlay

    O-FF

    This overlay district's boundaries are identified on the FIRM as numbered and unnumbered A Zones (including A, AE, AO and AH Zones), and Zone X (Future Conditions 1% Annual Flood Hazard).FF

     

     

      

    Redevelopment Design Overlay

    O-RD

    This overlay district ensures that multiple-family infill development is functionally integrated and compatible with the traditional character of the established neighborhoods. 

    M-FRO

    Eureka Valley / K-18 Overlay 

    O-EV

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan through the use of design standards that balance the Flint Hills character with quality development by commercial and industrial employers.Not Applicable

    Gateway Corridor Overlay 

    O-GC

    This overlay district is for the purpose of making an attractive corridor entrance to Manhattan by transitioning from and providing for quality urban development that is compatible with the natural Flint Hills setting.Not Applicable

    Manhattan Business Park Overlay

    O-MBP

    This overlay district provides a broader range of permitted land uses and support services than the base zoning districts to accommodate and increase flexibility in establishment size.MBPO

    University Fringe Overlay

    O-UF

    This overlay district permits uses commonly associated with and in near proximity to a major educational institution, but which are not located on the institution's property.UO

    Sec. 26-3B-1, Airport Overlay (O-A) District

  • Purpose. Refer to Sec. 26-3A-2, Zoning Overlay Districts Established.
  • Applicability. This Section is applied as an overlay district to lands that are in the vicinity of the Manhattan Regional Airport, which regulates such lands in combination with the base zoning districts. The O-A district is also used as the base district for zoning the airport property.
  • Airport Zoning
    1. Airport Zoning Commission. The Planning Board is hereby assigned responsibility to recommend the boundaries of the various zones to be established and the regulations to be adopted within this overlay district.
    2. Conflict with Airport Zoning. In the event of conflict between the regulations of this Section and any other regulations of this Chapter applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement will govern and prevail.
  • Airport Zones. There are certain zones which include all of the land lying beneath the primary surface, approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces, and within the mapped boundaries of the Airport Noise Exposure Zone (Part 77 Airspace Plan), as they apply to the Manhattan Regional Airport. These Conical Surfaces constitute the Airport Overlay (O-A) district. The boundary and location of the Airport Overlay (O-A) district are identified on the Zoning Map and the Airport Noise Exposure Zone (Part 77 Airspace Plan) and made part of this Chapter. Any area located in more than one of the following zones, except the Airport Noise Exposure Zone, is considered to be only in the zone with the more restrictive height limitation. Any area may be located in the Airport Noise Exposure Zone in combination with any other zone. 
  • Airport Zone Height Limitations. Except as provided in this Section, no structure will be erected, altered, or maintained, and no tree will be allowed to grow in any airport zone listed in Subparagraph E, above, to a height in excess of the applicable height limit established for the respective airport zone. Such applicable height limitations are established for each of the airport zones as follows and illustrated in Figure 26-3B-1.1 Airport Imaginary Surfaces:
    1. Primary Surface Zone. A surface longitudinally centered on a runway that extends 200 feet beyond the hard surface of the runway on either end of that runway. The elevation of any point on the Primary Surface is the same as the elevation of the nearest point on the runway centerline. Primary Surface widths may vary; however, the width is uniform throughout and is based on the most precise approach existing or planned for either end of that runway. 
    2. Horizontal Surface Zone. This zone is established at 150 feet above the airport elevation.
    3. Conical Surface Zone. A surface, which extends upward and outward from the outer limits of the Horizontal Surface for a horizontal distance of 4,000 feet. The slope of the conical surface is 20-1 (5 percent) measured in a vertical plane.
    4. Excepted Height Limitations. Nothing in this Section will be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a maximum height of 50 feet above the land surface, provided the maximum structure height will not exceed the regulations of the base zoning district.
    5. Precision Instrument Runway Approach Zone. This zone slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; then slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
    6. Runway Larger Than Utility Visual Approach Zone. This zone slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
    7. Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Non-Precision Instrument Approach Zone. This zone slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extending runway centerline.
    8. Transitional Zones. This zone slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
    9. Utility Runway Non-Precision Instrument Approach Zone. This zone slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
    10. Utility Runway Visual Approach Zone. This zone slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
  •  Figure 26-3B-1.1

    Airport Imaginary Surfaces

     
    1. Permitted Uses and Conditional Uses
      1. Where the O-A District is used as a Base District.
        1. Since the O-A district applies as the base district for the property of the Manhattan Regional Airport, which is owned and operated by the City of Manhattan, permitted uses will include any use that is compatible with the operation of the airport and approved by the City Commission, subject to the limitations of this Section.
        2. There will be no conditional uses.
      2. Where the O-A District is applied as an Overlay District. Permitted and conditional uses will consist of any permitted or conditional use allowed by the base zoning districts, subject to the more restrictive of the height and use limitations of this Section, as well as all restrictions of the base zoning districts.
    2. Use Limitations
      1. Notwithstanding any other provisions of this Chapter, no use may:
        1. Be made of land or water within any zone established by Subsections E or F of this Section in such manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft.
        2. Make it difficult for pilots to distinguish between airport lights and other lights.
        3. Result in glare in the eyes of pilots using the airport.
        4. Create bird strike hazards.
        5. Impair visibility in the vicinity of the airport.
        6. In any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
      2. The following land uses are prohibited within the Airport Noise Exposure Zone:
        1. Single-family detached and attached residential uses.
        2. Multiple-family residential uses.
        3. Manufactured home parks.
        4. Cottage villages.
      3. The following uses will be conditional uses within the Airport Noise Exposure Zone, provided they are also listed as permitted or conditional uses in the base district:
        1. Hotel or motel
        2. Bed and breakfast inn
        3. Hospital
        4. Assisted living, nursing, or congregate care
        5. Public or private school
        6. Place of assembly
        7. Arena, stadium, or indoor arts theater.
      4. As a condition of approval for conditional uses in the Airport Noise Exposure Zone, the Board of Zoning Appeals will require appropriate noise attenuation techniques in the design and construction of buildings for these or other approved uses.
    3. [not used]
    4. Obstruction Marking and Lighting of Legally Nonconforming Structures. The owner of any legally nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance of markers and lights, as deemed necessary by the City, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.
    5. Removal of Abandoned or Destroyed Nonconforming Structures. Whenever a legally nonconforming structure is abandoned or has been damaged or destroyed, by any means, to the extent of more than 50 percent of its value, the City may require its removal unless it is made to conform with the applicable height limitations of this Section.
    6. Required Annotations on Applications for Development Approval. Applications for development, including a building permit, rezoning, site plan, master development plan, preliminary or final development plan, or preliminary or final plat approval will depict the boundaries of the O-A district and the airport zones on or within 200 feet of the parcel proposed for development.
      1. Site and Development Plans and Plats. A note will be included on each permit, approval, site plan, or master development plan, and plat that is subject to this Section, which discloses the existence of any applicable noise mitigation construction technique requirement within the Airport Noise Exposure Zone, and states the applicant's and the applicant's successors in interest consent to the requirements and to the City's enforcement of the requirements.
      2. Additional Requirements. As applicable, the City may also require the following annotations or disclosures on site or development plans or plats:
        1. Excerpts of the regulations of this Section (transcribed or summarized).
        2. Noise disclosure text, as applicable.
        3. Other notes that are intended to insure full and adequate disclosure of the hazards and the conditions applicable to the parcel proposed for development.
    7. Disclaimer. The degree of protection provided by this Section is considered reasonable for regulatory purposes and is based on planning, engineering, and scientific methods of study, and in coordination with appropriate federal agencies. This Section does not imply that areas outside of the airport hazard area will be totally free from aircraft hazards or noise, and, therefore, will not create a liability on the City, or any of its officers or employees, for any damages resulting from reliance on this Section.
    8. Definitions. See Division 26-10F, Definitions—Airport Overlay.

    Sec. 26-3B-2, Established Neighborhood Overlay District (O-EN)

  • Purpose. Refer to Sec. 26-3A-2, Zoning Overlay Districts Established.
  • Applicability
    1. Map Designation. This overlay district applies to the established neighborhoods designated as "O-EN" on the Zoning Map.
    2. Lots and Buildings. Within the O-EN District, the provisions of this Section are applicable to the:
      1. Development of vacant lots, whether vacant on or after the effective date of this Chapter.
      2. Redevelopment or substantially improved existing buildings.
      3. Expansion or modification on lots, including the expansion or modification of principal and accessory buildings.
  • Uses. Uses are determined by the base zoning district.
  • Lot, Building, and Compatibility Standards. Refer to Sec. 26-4A-1, Established Neighborhood Design.
  • Sec. 26-3B-3, Floodway Overlay (O-FW)

    The details of the Floodway Overlay (O-FW) district can be found in Sec. 26-6A-5, Establishment of Floodplain Overlay Districts.

    Sec. 26-3B-4, Floodway Fringe Overlay (O-FF)

    The details of the Floodway Fringe (O-FF) district can be found in Sec. 26-6A-5, Establishment of Floodplain Overlay Districts.

    Sec. 26-3B-5, Redevelopment Design Overlay District (O-RD)

  • Purpose. Refer to Section 26-3A-2, Zoning Overlay Districts Established.
  • Applicability. This overlay district applies to areas designated as “O-RD” on the Zoning Map.
  • Uses. Uses are determined by the base zoning district.
  • Site and Building Design Standards. Refer to Sec. 26-4A-3, Redevelopment Design. The bulk regulations in that Section supersede those of the base zoning district.
  • (Ord. No. 7627, 02/07/2023) 

    Sec. 26-3B-6, Gateway and Eureka Valley Overlay Districts (O-GC and O-EV)

  • Purpose. Refer to Section 26-3A-2, Zoning Overlay Districts Established.
  • Applicability. This overlay district applies to areas designated as “O-GC” or "O-EV" on the Zoning Map.
  • Uses. Uses are determined by the base zoning in the tables found in Sec. 26-2C-3, Residential Permitted Uses, and Sec. 26-2D-4, Commercial & Industrial Permitted Uses.
  • Site and Building Design Standards. Refer to Sec. 26-4B-4, Gateway and Eureka Valley Corridor Overlay Design Standards.
  • Sec. 26-3B-7, Manhattan Business Park Overlay District (O-MBP)

  • A.
    Purpose. Refer to Section 26-3A-2, Zoning Overlay Districts Established. The Manhattan Business Park Overlay District (O-MBP) provides increased flexibility in tenant size and a broader range of permitted land uses and support services than permitted in the underlying base zoning districts.
  • B.
    Applicability. This overlay district applies to areas designated as “O-MBP” on the Zoning Map. The O-MBP is used in conjunction with the BP or IL Districts, as well as the O-A, Airport Overlay District, in the Manhattan Business Park.
  • C.
    Permitted Uses. The following uses are permitted in addition to the permitted uses in the base zoning district.
    1. 1.
    2. 2.
      Bank or credit union with or without drive-through
    3. 3.
    4. 4.
    5. 5.
    6. 6.
    7. 7.
    8. 8.
    9. 9.
    10. 10.
  • D.
    Prohibited Uses. The following are prohibited in the O-MBP district even if they are permitted in the base district.
    1. 1.
    2. 2.
    3. 3.
    4. 4.
    5. 5.
      Hotel or motel
    6. 6.
    7. 7.
    8. 8.
    9. 9.
      All retail and service uses except as expressly permitted in Subsec. 26-3B-7C above
    10. 10.
  • E.
    Site, Building Design, and Development Standards
    1. 1.
      For any property within the BP district, there is no minimum enclosed floor area required per occupant or tenant; however, the minimum enclosed building square footage is 5,000 square feet.
    2. 2.
      Except for Paragraph 26-3B-7E-1, above, the O-MBP district does not affect any other limitations required by the BP or IL districts, or the limitations required by the Airport Overlay (O-A) district.
    3. 3.
      No drive-through establishments are permitted except as noted in Subsec. 26-3B-7C, above.
    4. 4.
      Signage is allowed per the underlying zoning district, except that pylon signs and off-premise advertising signs are prohibited.
  • (Ord. No. 7794, 11/18/2025) 

    Sec. 26-3B-8, University Fringe Overlay District (O-UF)

  • Purpose. Refer to Section 26-3A-2, Zoning Overlay Districts Established.
  • Applicability
    1. Land Uses and Dimensional Standards. Uses are determined as set out in Sec. 26-2C-3, Residential Permitted Uses, and Sec. 26-2D-4Commercial & Industrial Permitted Uses.
    2. Scale Compatibility. Any principal building that is developed, redeveloped, or substantially improved within the O-UF district will be set back one foot for each additional two feet of height over 40 feet.