The Zoning Administrator is responsible for administering, enforcing, and interpreting this Chapter of the Code of Ordinances. The Zoning Administrator is appointed by the City Manager. When used in this Chapter, the term “Zoning Administrator” includes that person’s designees.

1. Administration Duties. The Zoning Administrator will:
   1. Process and review applications.
   2. Render decisions on Type-I applications.
   3. Maintain complete records with respect to this Chapter, the Official Zoning Map, Planning Board, BZA, Historic Resources Board actions, and other applicable documents.
   4. Provide adequate information and assistance in pre-application conferences as needed by the applicant.
   5. Receive, file, and forward applications to staff and appropriate Boards.
   6. Publish and mail notice of public hearings.
   7. Receive, file, and distribute to appropriate administrative bodies and agencies all submitted development applications and materials.
   8. Provide applicants, other departments, the Planning Board, BZA, HRB, and the City Commission with interpretations, determinations, and decisions concerning this Chapter.
   9. Coordinate with the Manhattan Fire Department to conduct inspections of buildings, structures, and uses of land to determine compliance with the provisions of this Chapter.
   10. Provide such clerical, technical, and consultative assistance as may be required by the Planning Board, BZA, Historic Resources Board, Commission, and other boards, commissions, and officials in the exercise of their duties relating to this Chapter.
   11. Maintain the Manhattan Register of Historic Places, which includes historic structures, sites, and districts designated as significant.
   12. Maintain for distribution to the public, for a fee to defray the cost of printing, a supply of copies of the zoning map or maps, the compiled zoning text, and the rules of the BZA.
2. Enforcement Duties. The Zoning Administrator, City Engineer, Building Official, Fire Official, Floodplain Administrator, or their designee(s), will coordinate to enforce this Chapter, including reviewing applicable building permits, sign permits, and occupancy certificates for compliance; and conducting inspections of buildings, structures, and uses of land to determine compliance.

The duties of the Floodplain Administrator will include, but are not limited to, the following:

1. A.
   Review all Floodplain Development Permits for proposed development to assure that sites are reasonably safe from flooding and that the floodplain development requirements of this Article have been satisfied.
2. B.
   Review Floodplain Development Permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required.
3. C.
   Notify adjacent communities and the Kansas Department of Agriculture Division of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.
4. D.
   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.
5. E.
   Verify the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures through the permit applicant’s submission of Elevation Certificates applicant and record and maintain records of these certificates.
6. F.
   When floodproofing is utilized for a particular nonresidential structure the Floodplain Administrator shall require certification of floodproofing submitted by a permit applicant from a registered professional engineer or architect.
7. G.
   Verify the actual elevations (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed through the permit applicant’s submission of Floodproofing Certificates, and record and maintain records of these certificates.
8. H.
   If a violation of this Article is found, the Floodplain Administrator shall notify the person responsible for creating or maintaining such violation, indicate the nature of the violation and order the action necessary to correct it.
9. I.
   Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. Determine date of start of construction when necessary.
10. J.
    Issue Floodplain Development Permits for all approved applications.
11. K.
    Adopt and issue the Floodplain Regulation Technical Guidance documents for this article, which can be amended administratively, as needed.

(Ord. No. 7677, 12/05/2023) 

The Board of Zoning Appeals (BZA) is hereby continued in accordance with K.S.A. 12-759, as amended. The BZA has the authority given to it by state law and the MDC. The BZA will consist of five members, all of whom must be residents of the City. The members of the BZA will be appointed by the Mayor with the advice and consent of the governing body. Board members shall be appointed for three-year terms expiring on December 31. The members are appointed for a term for the convenience of the City and serve at the pleasure of the governing body. Any member may be removed by the governing body without notice or hearing. Whenever a person is appointed to fill a position that has become vacant because of a resignation, termination, or other vacation, such appointment will be only for the remainder of the unexpired term. The BZA must establish bylaws which provide for the election of officers for the BZA and establish guidelines for meetings as well as the frequency of those meetings and such other matters as the board may deem necessary. The adoption and amendment of the bylaws shall be approved by the governing body.

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

The Manhattan Urban Area Planning Board (Planning Board or PB) has the authority given to it by state law, the MDC, and the Code of Ordinances of the City of Manhattan.

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

The Historic Resources Board (HRB) has the authority granted by the Code of Ordinances of the City of Manhattan, state law, and the agreement, if any, between the City and the State of Kansas, for the HRB to make recommendations or to perform certain statutory responsibilities.

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

The City Commission is the governing body of the City of Manhattan. It hears and makes final decisions on land use actions as provided in state law and the MDC.

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

The purpose of this Article is to establish and describe the application process, notice requirements, and meeting steps and requirements for land use actions.

Article 26-9, Land Development Review, describes the review standards and criteria for each type of land use action.

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

1. A.
   Purpose. The review procedures for various land use actions are systematized for ease of reference and administration of this Chapter.
2. B.
   Established. Table 26-8B-2.1, Procedure Types for Land Use Actions, identifies and describes the procedure types.

1. A.
   Generally. The purpose of a pre-application meeting is to familiarize the applicant with the development review and approval processes, provide for an exchange of information, advise the applicant as to the key planning, zoning, site design, and other considerations, and to determine the information required to accompany an application.
2. B.
   Applicability. This Section applies to most Type-II or Type-III applications. The Zoning Administrator may also require a meeting for other types of actions, or any applicant may request one.

(Ord. No. 7677, 12/05/2023; Ord. No. 7753, 05/20/2025) 

1. A.
   Purpose. A neighborhood meeting is held to inform nearby residents of a proposed project. Its purpose is to identify issues and concerns, and to answer questions from property owners entitled to notice under Sec. 26-8B-6, Notice.
2. B.
   Applicability. This Section applies to any Type-II or Type-III land use application except for annexation, historic review, FDPs, exceptions, and variances.
3. C.
   Required Invitees. All property owners who are entitled to mailed notification under Sec. 26-8B-6, Notice, are due invitations to the neighborhood meeting. Meeting invitations should be mailed a minimum of fourteen days in advance of the meeting.  
4. D.
   Meeting Report. As part of a complete application, the applicant will submit a report describing questions, concerns, and suggestions by those in attendance, outcomes of the discussion, and other information the applicant considers relevant. The report will also include a copy of the  meeting invitation and map of the notification area.

(Ord. No. 7677, 12/05/2023; Ord. No. 7753, 05/20/2025) 

[reserved]

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

1. A.
   Required Notice. Notice will be provided as required by state law for the specific land use action. Other notices will be provided as described herein. 
2. B.
   Required Notice Types and Manners of Provision. When required, notice will be provided in the following manner. 

   1. 1.
      Published notice is given by publication in the officially designated city newspaper. 
   2. 2.
      Mailed notice must be mailed by regular first-class mail. The City mails the notice. When the notice has been properly addressed and deposited in the mail, failure of a party to receive mailed notice will not invalidate such notice.
   3. 3.
      Posted notice must be given by a sign provided by Community Development and posted on the property that is the subject of the land use action in one or more locations that are visible from a public street. The sign must be posted at least 20 days prior to the public hearing.
3. C.
   Content. The notice will contain the information required by state law for the land use action. If notice is required by the MDC but not required by state law, the notice will contain a description of the land use action being considered, its general location, the date, time, and place of the public hearing, and contact information for Community Development.
4. D.
   Additional Posted Notice. Posted notice will be provided for conditional use permit and municipal facility review applications in the same manner as described above. 

(Ord. No. 7715, 09/17/2024; Ord. No. 7753, 05/20/2025) 

This Section governs the conduct of the public hearings of the PB, HRB, and BZA. When the land use action requires a public hearing, the following provisions apply.

1. A.
   The hearing body will allow the applicant and interested parties a reasonable and fair opportunity to be heard. 
2. B.

   An accurate summary of the public hearing will be made.

3. C.
   The PB, HRB, and BZA may adopt rules of procedure for public hearings by resolution or bylaws.

(Ord. No. 7627, 02/07/2023; Ord. No. 7753, 05/20/2025) 

[reserved]

(Ord. No. 7753, 05/20/2025) 

After a hearing body has made a final decision, staff will prepare and transmit a notice of the decision to the applicant.

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

[reserved]

(Ord. No. 7753, 05/20/2025) 

Refer to Division 26-9F, Appeal, for appeal procedures.

The purpose of this Division is to describe the application requirements and standards, and the steps City staff will follow in processing applications for development approvals and other land use actions.

1. A.
   Applicable Jurisdiction. All development applications will be filed with the Zoning Administrator, except when the subject property lies outside the city limits yet within one of the following other boundaries:

   1. 1.
      Urban Service Area. For property in the Urban Service Area, applicant will file with the Riley County Planning Director, who will coordinate the review of the application with the City.
   2. 2.
      Urban Area. For property in the Urban Area, the applicant will file with the Riley County Planning Director.
2. B.
   Application Forms and Fees

   1. 1.
      Submittal. Every application for an approval or permit required by this Chapter for submission to the City will be on forms provided by the Zoning Administrator. The application forms include the basic submittal requirements for each type of application, but the applicant may be required to provide additional information if deemed necessary to adequately evaluate the proposed land use action's impacts.
   2. 2.
      Fee. The application fee must be submitted with the application. The Director of Community Development has the authority to set application fees in consultation withe the City Manager.
3. C.
   Refunds. Fees for a denied, expired, or revoked application will not be refunded. The Zoning Administrator may determine what portion, if any, of a fee will be refunded for withdrawn applications after determining the extent of the staff time that has already been devoted to processing the application.
4. D.
   Initiation Authority. Only the governing body or the Planning Board are authorized to initiate comprehensive plan amendments and development code amendments.

(Ord. No. 7677, 12/05/2023; Ord. No. 7753, 05/20/2025) 

1. A.
   Determination of Completeness. City staff will determine if a submitted application is complete before processing it further or, if applicable, scheduling it for a public hearing. To be deemed “complete”, all application materials must be:

   1. 1.
      Internally consistent and submitted with fully completed application forms and the corresponding attachments and fees.
   2. 2.
      Prepared by qualified professionals (where such qualifications are required), and signed and certified, as required.
   3. 3.
      Technically, numerically, and/or graphically sufficient to demonstrate compliance with all applicable standards of this Chapter and other applicable City codes and requirements.
2. B.
   Completion Steps and Time Limits. If an application is determined to be incomplete, staff will notify the applicant in writing of what additional materials or revisions are necessary in order for staff to continue processing the application. Two options then follow:

   1. 1.
      Revised Submittal. The applicant has 20 business days from the date on the written notice to submit the materials to complete the application.
   2. 2.
      Failure to Revise Submittal. If an applicant does not file the required materials within 20 business days—notwithstanding a good-faith effort and substantial progress toward providing required materials—or fails to submit a complete application after two rounds of review, then the application will be deemed “withdrawn.” The application fee will not be refunded.
3. C.
   Processing. Upon receipt of a complete application, staff will begin processing the application.

(Ord. No. 7753, 05/20/2025) 

[reserved] 

(Ord. No. 7753, 05/20/2025) 

The Community Development Department will review the proposed land use action in relation to applicable criteria and standards set forth in this Chapter.

1. A.
   Type-I Applications. Once all necessary and final revisions are submitted by the applicant, the applicable City official will take final action on a Type-I application in a timely manner. If the application is denied, the appropriate City official will provide the applicant with a written denial specifying the grounds for the decision.
2. B.
   Type-II and Type-III Applications. Once all necessary and final revisions are submitted by the applicant, the following will occur for land use actions that require a public hearing:

   1. 1.
      Staff Report. City staff will prepare a report prior to the public hearing. Such report will contain written determinations based on the review criteria for each respective application and recommended conditions of approval, when applicable. The staff report will either summarize, or incorporate by reference, all departmental and other referral agency reports received, and will itemize such conditions as it deems appropriate to be imposed by the reviewing authority if approval is to be recommended.
   2. 2.
      Forwarding Application and Staff Report. City staff will forward the application, along with a staff report and supporting documentation, to the required review body for final action or recommendation to the governing body. A review body that receives the application must take into account the recommendations of the previous administrative bodies prior to making a recommendation or taking final action.

(Ord. No. 7753, 05/20/2025) 

1. A.
   Conditioned Approval Authorized. The reviewing authority authorized to approve an application or proposal in Article 26-9, Land Development Review, may attach conditions of approval based on the review criteria set forth in that Division.
2. B.
   Required Modifications as a Result of Conditional Approval

   1. 1.
      Applications requiring modifications of the application details or site plan as a condition of approval must be returned to the Zoning Administrator for review within 30 calendar days of conditional approval or the application will be considered withdrawn. The Zoning Administrator may grant a maximum 30-calendar-day extension upon written request of the applicant. No subsequent approvals may take place until the required modifications are complete.
   2. 2.
      Preliminary plats that are conditionally approved are not subject to the preceding time limits. The written approval of the Planning Board will explain and schedule how and when the conditions need to be satisfied.

(Ord. No. 7753, 05/20/2025) 

1. A.

   Continuances of Public Hearings. The hearing body may continue a public hearing to a later date after the public hearing has been opened. The hearing body must choose one of the following options:

   1. 1.
      Continue. Continue the hearing to a certain new date and time, announced in open session.
   2. 2.
      Close. Close the hearing and re-notify the public of any future hearing.
2. B.

   Continuances of Governing Body Consideration. An item for consideration by the governing body may be continued, as follows:

   1. 1.
      By applicant request. If the applicant makes a written request to Community Development by the end of business on the Thursday prior to the governing body meeting at which the applicant’s item will be considered, Community Development will reschedule the item to the next regular meeting. The applicant will be entitled to only one continuance.
   2. 2.
      By staff request. Community Development may reschedule the item if the governing body’s meeting is cancelled or if, prior to the scheduled meeting, other exigent circumstances arise.
   3. 3.
      By governing body motion. During the public meeting, the governing body may, by motion, continue the item to a date certain. 
3. C.
   Notice for Continuances. If an item subject to a public hearing is continued, or otherwise carried over to a subsequent date, and the public hearing has been opened, the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. No additional notice shall be required once the public hearing is opened and continued.
4. D.

   Withdrawal. An applicant may withdraw an application, either:

   1. 1.
      Prior to a Hearing. In writing prior to a public hearing at which the application is to be considered.
   2. 2.
      During a Hearing or Public Meeting. On the record, during a public hearing or at the public meeting when the application is being considered, provided the withdrawal occurs before the body makes a recommendation or takes final action on the application.

(Ord. No. 7753, 05/20/2025) 

1. A.
   Generally. The reviewing authority will not hear successive applications for the same approval or permit after a substantially similar application is denied.
2. B.

   Exceptions. The Zoning Administrator may allow an exception to this provision if one of the following is found:

   1. 1.
      The new application is substantially different from the denied application.
   2. 2.
      There has been a material change of circumstances that justifies consideration of a substantially similar application.
   3. 3.
      The new application is submitted at least one calendar year after the date the written denial is issued.

(Ord. No. 7753, 05/20/2025) 

1. A.
   Generally. This Section extinguishes applications that become stale due to inaction by the applicant.
2. B.
   Expiration of Approved Land Use Applications. Approvals that an applicant does not act on within the time limits described for individual land use review procedures in Article 26-9, Land Development Review, become void if the applicant fails to request an extension of time pursuant to Sec. 26-8D-4, Extension of Time.
3. C.
   Effect of Expiration. Applications that automatically expire become null and void without further notice or activity by the Zoning Administrator. The Zoning Administrator will treat as a new submittal any application for a property associated with an expired application, subject to requirements in effect at the time of the most recent filing.

(Ord. No. 7753, 05/20/2025) 

1. A.
   Generally. The reviewing authority may extend the period of validity of approved applications by written request from the applicant.
2. B.
   Timing of Application for Extension. An applicant should submit a written request for extension at least 30 calendar days before expiration of the approval. The reviewing authority may extend expired approvals.
3. C.
   Administrative Extension. The Zoning Administrator may grant one extension, for good cause shown, of any approval for a period not to exceed six months for administrative periods outlined in this Chapter. The application automatically expires after the one period of extension if no substantive actions on the application are taken. Extension for other administrative permits, such as building permits, are dependent on applicable sections of this Code for those permits.
4. D.

   Non-Administrative Extension

   1. 1.
      Unless otherwise provided in the approval, the Planning Board or BZA may grant or deny an extension of the period of validity for an approved type II application. This will be a consent item.
   2. 2.
      Who Takes Action. The reviewing authority that granted the original approval will take action on the extension request.
   3. 3.

      Review Criteria. The applicable reviewing authority may grant the request after the hearing if the applicant demonstrates that:

      1. a.
         There is good and reasonable cause for the request.
      2. b.
         There are no new or changing conditions in the surrounding area that would change the original recommendation of approval.
      3. c.
         There are reasonable assurances that the applicant will perform the work authorized by the approval within the extended term.

(Ord. No. 7753, 05/20/2025) 

1. A.
   Purpose. The purpose of this Division is to  enable development that is consistent with the Manhattan Urban Area Comprehensive Plan by regulating uses, structures, lots, and site development that do not conform to one or more standards of this Chapter, but meet the definition of a nonconformity.
2. B.

   Policy. This Chapter is intended to allow landowners the reasonable use of their nonconforming property. The general policy of the City for nonconformities is to:

   1. 1.

      Allow them to continue to exist and be used productively, but to bring as many aspects of the nonconformity into conformance with this Chapter, and other applicable standards and codes, as is reasonably practicable.

   2. 2.

      Allow them to be maintained as to be made safe, comfortable, and habitable, while restricting their expansion and the re-establishment of abandoned or substantially damaged nonconformities.

   3. 3.

      Not penalize uses, structures, lots, and site development features that became noncompliant as a result of a governmental acquisition of property.

   4. 4.

      In certain instances, encourage redevelopment of a non-conforming use that will decrease its degree of nonconformity.

   5. 5.

      Address any uses, structures, lots, and site developments that were established contrary to the zoning regulations that applied at the time of their establishment and are considered illegal under the applicable measures in Division 26-8F, Enforcement and Remedies.

3. C.
   Applicability. The provisions of this Division apply to the use, structure, lot, and site development standards and regulations in Article 26-2, Zoning Districts and Land Uses; Article 26-3, Overlay Districts; Article 26-4, Design Standards; and Article 26-7, Site Development, except for the Division specifically exempted below, as they pertain to private property. The provisions of this Division do not apply to:

   1. 1.
      Division 26-7D, Signs (see Sec. 26-8E-5, Nonconforming Signs).
   2. 2.
      Public rights-of-way or public improvements in rights-of-way.
   3. 3.
      Wireless telecommunication facilities, as defined in Sec. 26-2E-12, Wireless Telecommunication Towers & Facilities.
   4. 4.
      Adult business uses, as defined in Article V, Sec. 5-58.
   5. 5.
      Illegal uses.

It is the property owner's responsibility to prove by a preponderance of the evidence that a use, structure, lot, or site development meets the definition of a nonconformity.

1. A.
   Rights of a Registered Nonconforming Use. The rights to continue, expand, or alter a nonconforming use are specifically conditioned upon the registration of the nonconforming use with the Zoning Administrator. Only nonconforming uses which were lawful at the time of their establishment and have been maintained since such time may be registered and expansion, continuance, repair, maintenance, or other continuation of nonconforming status permitted.
2. B.
   Registration of Nonconforming Use

   1. 1.
      Registration Process. The Zoning Administrator will establish a process for the registration of nonconforming uses, and will develop and provide the required registration forms.
   2. 2.

      Registration Determination and Appeal. The Zoning Administrator will determine the qualification of a use for registration under this Division and render a decision to the applicant as a Type I decision.

   3. 3.

      Revocation. The Zoning Administrator may revoke an approved registration if a nonconforming use is discontinued pursuant to Sec. 26-8E-9, Discontinuance, or if  it is later discovered that the evidence submitted to support the registration was false, or upon the discovery of additional information.

   4. 4.

      Evidentiary Considerations. In determining the qualification of a use for registration under this Division, the Zoning Administrator will consider all relevant and material evidence, whether submitted by the applicant, by any other person supporting or opposing the registration application or registration determination, or otherwise available to the Zoning Administrator. Relevant evidence is materials that tend to show the lawful or unlawful establishment of a use and whether the use has been continued since such time. Relevant evidence may include the following examples:

      1. a.
         Building permits, certificates of occupancy, licenses, or other permits issued by a governmental entity.
      2. b.
         County appraisal information.
      3. c.
         Photographs, video, or other visual types of evidence that can be verified as predating the effective date of the code provisions involved.
      4. d.
         Contracts, deeds, or other legal instruments that are dated, whether or not recorded or filed in any public office.
      5. e.
         Books, magazine articles, or newspaper clippings that are dated.
      6. f.
         Tax returns, receipts, or other financial records that are dated.
      7. g.
         Statements made by witnesses, in the form of affidavits, that are made based upon personal knowledge.
3. C.
   Nonconforming Use within a Zoning District. A registered nonconforming use will be regulated as a conditional use within the zoning district where it is located.
4. D.

   Maintenance and Repair

   1. 1.
      The registered nonconforming use must discontinue if the structure it is located within is damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity. A registered nonconforming use that is primarily conducted outside of a building must discontinue if its inventory and equipment is damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity.
   2. 2.
      The owner of any structure devoted to a registered nonconforming use protected under this Division may conduct repairs and maintenance to keep a structure in sound condition provided they do not increase the degree of nonconformity as determined by the Zoning Administrator.
   3. 3.
      Renovation or remodeling of a registered nonconforming use is permitted provided it does not increase the degree of nonconformity as determined by the Zoning Administrator. Renovations or remodels may include repairing, updating, or replacing the following:

      1. a.
         Fixtures
      2. b.
         Finishes
      3. c.
         Utility systems
      4. d.
         Non-structural cladding
      5. e.
         Windows and doors
      6. f.
         Roofing
      7. g.
         Non-structural features increasing energy efficiency.
5. E.

   Expansion of a Registered Nonconforming Use. Any expansion of a nonconforming use is prohibited unless approved through a conditional use permit as set forth in 26-9D-8, Conditional Use for Registered Nonconforming Use.

   1. 1.
      Expansion will include:

      1. a.
         Changes of nonresidential use categories.
      2. b.
         Changing to a more intensive nonresidential use within the use category.
      3. c.
         An increase in the number of bedrooms and/or bathrooms.
      4. d.
         An increase to the gross floor area of the structure.
   2. 2.
      An expansion will not include modifications to walls or arrangement of spaces that do not result in a net gain of bedrooms, kitchens, or floor space.
6. F.

   Adjustment of a Registered Nonconforming Use. An applicant may request that the Zoning Administrator amend the registration of a registered nonconforming use, and the Zoning Administrator will grant such request and amend the registration for the following types of changes:

   1. 1.
      A registered nonconforming non-residential use may be changed to another similar or less intensive use within the same use category as determined and approved by the Zoning Administrator. The Zoning Administrator may use the following factors to determine if the proposed use is similar or less intensive:

      1. a.
         If the required parking for the proposed use complies with Subsec. 26-7B-3C, Change of Use (Minimum Parking).
      2. b.
         The proposed use will employ similar or fewer number of employees.
      3. c.
         The proposed use will have similar business hours.
   2. 2.
      A registered nonconforming residential use may be changed to a less intensive nonconforming residential use as determined and approved by the Zoning Administrator. Changing a nonconforming residential use to a less intensive use precludes subsequent reversion to a more intensive use not permitted by zoning.
   3. 3.
      A commercial use in a residential district that does not permit commercial uses in standard development may be changed to another similar or less intensive use within the same use category as determined and approved by the Zoning Administrator.
   4. 4.
      If the Zoning Administrator cannot reasonably determine whether the requested change in use meets the requirements of this paragraph, then they may defer the decision to the Planning Board pursuant to Subsec. 26-8E-3E, Expansion of a Registered Nonconforming Use, above.
7. G.
   Parking. Improvements related to parking devoted to a non-conforming residential use, including surfacing and number of spaces, may be made at any time without constituting an enlargement or expansion of the use, provided it results in a more conforming state as determined by this chapter. Parking may be required to come into full conformance in concert with other improvements pursuant to Sec. 26-8E-7, Nonconforming Site Development.
8. H.
   Expansion of an Outdoor Nonconforming Use. A nonconforming use of premises for which the principal use is a land use conducted primarily outside of a building, including a wrecking/salvage yard, storage yard, or vehicle and equipment sales lot, may not be expanded except in conformance with all requirements of this Chapter.

(Ord. No. 7627, 02/07/2023; Ord. No. 7737, 01/14/2025) 

1. A.
   Rights of a Nonconforming Structure. The rights to continue, expand, or alter a nonconforming structure are specifically outlined in this Section.
2. B.
   Maintenance and Repair

   1. 1.

      Remodeling of a nonconforming structure devoted to a conforming use may occur within the existing footprint of the structure.

   2. 2.

      Any nonconforming structure damaged to the extent of less than 50 percent of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity, not including the willful act of the property owner,  may be rebuilt, provided such rebuilding does not increase the degree of nonconformity.

   3. 3.

      With the exception of historic structures as set forth in paragraph 26-8E-4B-4, any nonconforming structure damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity may not be rebuilt, repaired, or used, unless the structure and use(s) conforms to all requirements of this Chapter. This standard will apply to both the use and the structure. 

   4. 4.

      When a nonconforming historic structure is damaged or destroyed to any extent, and by any means, other than the willful act of the owner, such structure may be restored and its use at the time of damage may continue if a building permit is issued and restoration/reconstruction is begun within three years of the damage, is diligently pursued to completion, and no greater nonconformity exists than existed prior to the damage.

   5. 5.
      The rebuilding or repair of a structure in a Community Special Flood Hazard area must comply with the requirements of Division 26-6B, Flood Hazard Reduction.
3. C.

   Enlargement, Expansion, and Relocation. An enlargement or expansion that does not increase the degree of nonconformity is permitted. If a nonconforming structure is relocated within the City limits, it must be placed in a location and manner that conform to the requirements of this Chapter.

4. D.

   Unsafe Structures. Nothing in this Division will be construed to permit the continuing occupation of a structure that is found to be uninhabitable due to violations of applicable City codes.

(Ord. No. 7627, 02/07/2023) 

1. A.
   Continuation of Nonconforming Signs. A nonconforming sign may continue to exist as a nonconforming sign, except as provided in this Section. A sign that does not comply with these regulations, and is not a nonconforming sign as defined, will be considered unlawful.
2. B.
   Alteration or Repair of Nonconforming Signs. A nonconforming sign may not be altered or repaired unless the nonconforming sign is brought into conformance with all applicable regulations, except as follows:

   1. 1.
      Change of copy. The alteration or change of the copy of a nonconforming sign by replacing sign panels will be permitted, as long as such alteration or change does not change the sign’s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area.
   2. 2.
      Repair or replacement. The repair or replacement of a nonconforming sign, which is necessary due to acts of God, or due to actions or inactions that are not attributed to the sign owner or property owner, will be permitted, as long as the repair or replacement does not change the sign’s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area. In the case of replacement, a sign permit will be required.
   3. 3.
      Normal maintenance. The normal maintenance and repair of a nonconforming sign, as required by Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment, will be permitted, as long as the normal maintenance and repair does not change the sign’s dimensions, structure, type of illumination, or operational characteristics, or otherwise increase its area.
3. C.
   Loss of Nonconforming Status. Notwithstanding any other provision of this Section, a nonconforming sign will lose its nonconforming status and must thereafter comply with all applicable requirements in either of the following circumstances:

   1. 1.
      If the nonconforming sign is removed due to actions or inactions that are attributed to the sign owner or property owner, pursuant to Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment; or
   2. 2.
      If the nonconforming sign is abandoned, pursuant to Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment.
4. D.

   Signs for Legal Nonconforming Uses. Any new or additional sign for a nonconforming use must comply with Division 26-7D, Signs, for the zoning district that the nonconforming use is located within. Provided that, any new or additional sign to be installed for a nonconforming use that would not comply with this Division may be approved through a conditional use permit.

1. A.
   Rights of the Nonconforming Lot. The rights to continue, expand, or alter a nonconforming lot are specifically outlined in this Section. The Board of Zoning Appeals (BZA) may hear requests for exceptions or variances to bring a lot into conformance, where applicable.
2. B.
   Vacant Lot. New development on a nonconforming lot must comply with the dimensional standards of the base district and any applicable overlay district, except as expressly stated in this Division. These provisions will not be interpreted as requiring a greater lot area or setback than specified by the base district or applicable overlay district.
3. C.
   Lot area. A lot that does not conform to the required minimum lot area for the zoning district may be developed to the extent that the development can be accomplished with the following limitations:

   1. 1.
      Where the area of a nonconforming lot conforms for some uses permitted in the base district or applicable overlay district, but not for other permitted uses, then that lot will be used for the permitted use or uses it conforms to.
   2. 2.
      If a lot fails to conform to the applicable requirements of the zoning district or the applicable overlay district, then the lot may be used only for those permitted uses in that zoning district requiring the smallest minimum lot area, or a single-family home if located in a residential district.
   3. 3.
      The allowances of the preceding paragraphs do not apply to new development on vacant lots in the RH, High-Density Residential district; RC, Urban Core Residential district; or the O-RD, Redevelopment Design overlay district. The applicable minimum lot requirements will apply in those districts.
4. D.
   Lot width. A lot that does not conform to the required minimum lot width for the base district or applicable overlay district may be developed to the extent that the development can be accomplished in accordance with the other standards set out in this Division.
5. E.
   Bulk. New development, redevelopment, or additions must follow the required bulk limitations as defined by the zoning district standards found in Sec. 26-2C-4, Residential Types and Standards, and Sec. 26-2D-3, Building and Bulk Standards, with the following allowances:

   1. 1.
      Front-Yard Setback. No reduction allowance.
   2. 2.
      Street-Side-Yard Setback. The minimum street side-yard setback for a nonconforming lot is five feet, plus one-half foot for each foot of lot width above 28 feet, up to the minimum setback required by the zoning district or applicable overlay district.
   3. 3.
      Interior-Side-Yard and/or Rear-Yard Setbacks. The minimum interior side-yard setback and/or rear-yard setback for the principal structure is five feet, or 10 percent of the lot width, whichever is greater, up to the minimum setback required by the zoning district or applicable overlay district. This provision does not require a setback when none is required by the district standards.
   4. 4.
      Height and Building Coverage. Development must comply with the height and building coverage requirements of the base district and any applicable overlay district.
6. F.
   Lot Merger by Zoning Lot Status. If the lot is smaller than would otherwise be required by this Chapter and such lot is, at any time on or after the effective date of this Chapter, under common control with a contiguous lot, then the two lots will be consolidated into one lot for the purposes of this Chapter and will be considered together for purposes of determining conformance.

   1. 1.
      If the consolidated lots contain sufficient area and lot width for the actual or proposed use, then they will be deemed fully conforming.
   2. 2.
      If the lots together do not provide sufficient lot area and/or lot width for the actual or proposed use, they will nonetheless be consolidated for purposes of reducing the degree of nonconformity.
   3. 3.
      When a nonconforming lot has been consolidated with the adjacent lot, such lots will not again be used as separate lots unless they are lawfully subdivided.

1. A.
   Policy. Because site development features, such as landscaping and screening, generally involve less investment and are relatively more easily corrected than nonconforming lots, buildings or structures, and uses, it is the policy of the City to eliminate such site development nonconformities as quickly as is practical. See also Subsec. 26-7B-3C, Change of Use, for parking conformity requirements.
2. B.
   Timely Conformance. A site development nonconformity must be brought into conformance upon the occurrence of any of the following:

   1. 1.
      Any increase to the gross floor area exceeding 30 percent;
   2. 2.
      Construction, remodeling, or other alterations that exceed 50 percent of the fair market value of the structure; or
   3. 3.
      For non-residential uses only, any change in use to a more intensive permitted use that requires a building permit or certificate of occupancy.

(Ord. No. 7627, 02/07/2023) 

When governmental acquisition of a portion of property for right-of-way, easement, or other governmental use results in noncompliant lot area, lot width, setbacks, or site development features, the resulting failure to comply does not constitute a nonconformity.

1. A.
   Nonconforming Use. When a nonconforming use has been abandoned, as defined in this Section, such nonconforming use will not be renewed, and any registration pursuant Sec. 26-8E-3, Nonconforming Use, will be revoked.
2. B.
   Abandonment. A nonconforming use will be presumed abandoned when any one or more of the following has occurred:

   1. 1.
      The owner’s intent to abandon the use is apparent.
   2. 2.
      The building or structure has been removed through the applicable procedures for the condemnation of unsafe structures.
   3. 3.
      The owner has physically changed the building or structure or its permanent equipment in such a way as to indicate clearly a change in use or activity to something other than the nonconforming use.
   4. 4.
      The lot has been vacant or the use discontinued for six consecutive months where the nonconforming use is one that is conducted primarily outside of a building.
   5. 5.
      The use has been discontinued for 24 consecutive months where the nonconforming use is one that is conducted primarily inside of a building.
   6. 6.
      The building or structure has been damaged to the extent of 50 percent or more of its fair market value by fire, wind, tornado, earthquake, or other non-criminal calamity.
3. C.
   Nonconforming Mobile Home or Manufactured Home Lots

   1. 1.
      The failure to license a nonconforming mobile or manufactured home park lot pursuant to Chapter 19, Licenses; Sec. 19-38, Mobile Home Parks, of the Code of Ordinances, for a period of 12 consecutive months will constitute abandonment of the nonconforming use for that lot. Such lot may not be subsequently licensed by Sec. 19-38, Mobile Home Parks, and has lost its allowed nonconforming use.
   2. 2.
      The failure to occupy a nonconforming mobile or manufactured home park lot for a period of 24 consecutive months will constitute an abandonment of the nonconforming use for that particular lot. A lot will be considered occupied if the manufactured or mobile home meets the minimum requirements for a residential occupancy permit and utilities have not been disconnected.

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

This Division establishes the procedures that the Zoning Administrator may use to ensure compliance with the provisions of this Chapter and to correct violations and the penalties for violations. The provisions of this Division are intended to encourage the voluntary correction of violations.

Any of the following are considered unlawful and a violation of this Chapter, and are subject to the enforcement remedies this Article and Kansas state law provide:

1. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this Code requires;

2. An activity that is inconsistent with any applicable zoning, subdivision, or general regulation of this Chapter, unless this Chapter expressly provides an exception;

3. To violate, by act or omission, any term, condition, or qualification the City places upon a required permit, certificate, rezoning, plan approval, or other form of authorization that the City granted to allow the use, development, or other activity upon land or improvements of land;

4. To reduce any lot area so that the yards or open spaces are smaller than that required by this Chapter, a final plat, or final development plan, except in accordance with the procedural and substantive requirements of this Chapter;

5. To increase the intensity and/or density of use of any land or structure, except in accordance with the procedural and substantive requirements of this Chapter;

6. To remove, deface, obscure, or interfere with any sign or notice required by this Chapter;

7. To convey, transfer, or sell any land by reference to, or exhibition of, or by other use of a plat of a subdivision before the plat has been approved; or

8. Development on land that has not been subdivided in compliance with the subdivision regulations in this Chapter. Any building permit issued for construction of any building or structure on such land is invalid.

1. Jurisdiction. The Zoning Administrator has authority to enforce all activities of this Chapter that occur within the city limits of the City.
2. Notice of Violation. If the Zoning Administrator finds that any of the provisions of this Chapter are being violated, they may notify, in writing, the person(s) responsible for such violations in person or by certified mail. At a minimum, the notice of violation must:
   1. Specify the property where the violation is alleged.
   2. Reference specific section(s) of this Chapter or other requirements or approved documents alleged to have been violated.
   3. State the penalties and/or fines that may be issued if the property is not brought into compliance.
   4. State the actions and timeframe required to bring the property or use into compliance.
3. Timeline for Compliance. After receiving the notice of violation, the recipient may either remediate the violation within 30 calendar days or contact the Zoning Administrator to establish a timeline for compliance. The timeline should have intermediate steps that mark progress toward full compliance.
4. Expedited Enforcement. Violations of the following divisions are exempt from the requirements of Subsection 26-8F-3B, Notice of Violation, and Subsection 26-8F-3C, Timeline for Compliance:
   1. Division 26-7B, Parking.
   2. Division 26-7D, Signs.

(Ord. No. 7575, 05/17/2022) 

1. Failure to Comply with this Chapter. Any person who fails to comply with, or violates any provision of this Chapter, is subject to a fine of at least $500 for each offense.
2. Separate Offense. Each day of such violation(s), or failure to comply, constitutes a separate offense. The offense date(s) of any complaint filed may be the initial violation date or any subsequent observed violation date(s). The violation date(s) may be before the expiration of the 30 calendar days' notice required by Subsec. 26-8F-3A or any deadline the City gave for compliance prior to prosecution referral.