The purpose of this Article is to establish the review criteria and the scopes of approval of various land use actions in the Manhattan Urban Area.

This Article is organized into six broad categories of land use actions, as follows:

The table in this section lists the various land use actions alphabetically and identifies their type (see Sec. 26-8B-2, Procedure Types), their location in the organization of this Article, and the review criteria or factors they are subject to.

1. A.
   Review authority. Bodies with review authority are entitled to review petitions or other applications for a land use action and, where they are not the body with decision authority, make recommendations to the deciding body. In every type-II and type-III matter, the Zoning Administrator is also a recommending authority.
2. B.
   Decision authority. Bodies with approval authority will review and weigh the recommendations of the recommending authority, if different, but ultimately make the final decision to approve or deny the land use action at their discretion.

(Ord. No. 7627, 02/07/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7757, 06/03/2025) 

The procedures for annexation are found in Chapter 12, Article 5, of the Kansas Statutes Annotated.

(Ord. No. 7677, 12/05/2023) 

The boundaries of any zoning district in the City may be changed, or the district classification of any parcel of land may be changed, as provided in this Section.

1. A.

   Applicability . To be eligible for rezoning consideration, the subject lot, parcel, or tract of land must meet one of the following conditions:

   1. 1.
      Have at least 100 feet of frontage on a public street.
   2. 2.
      Be at least 10,000 square feet in area.
   3. 3.
      Abut a lot, parcel, or tract of land that has the same zoning classification as is being sought for the subject property.
2. B.
   Procedure. Rezoning is subject to the Type-III review process in accordance with Article 26-8, Procedures and Administration.
3. C.
   Authority. The PB and governing body are authorized to act on a rezoning as provided by state law. The governing body can deny a rezoning by voting on a motion. The governing body approves a rezoning by the adoption of an ordinance. The rezoning becomes effective and final upon publication of the adopting ordinance.
4. D.

   Review Factors. When evaluating a proposal to rezone land, the PB and governing body will consider and balance the following review factors.

   1. 1.
      The existing use of the property, its physical and environmental characteristics, its zoning history, and its suitability for the currently allowed uses.
   2. 2.
      Consistency with the Comprehensive Plan.
   3. 3.
      Adequacy of services and infrastructure for the uses allowed in the proposed district.
   4. 4.
      The character of the neighborhood, including the zoning and uses of nearby property.
   5. 5.
      Compatibility of the proposed zoning district with nearby property.
   6. 6.
      The proposed change addresses a community need identified in an adopted plan.
   7. 7.
      Additional matters as might apply in individual cases.
5. E.
   Additional Review for Public/Institutional Districts. Because the Public/Institutional (PI-1 and PI-2) zoning districts allow uses that may be less compatible with surrounding uses, additional scrutiny is required before rezoning to the PI-1 or PI-2 district. The applicant for such a rezoning must identify the intended use necessitating the rezoning. When the rezoning is to a Public/Institutional (PI-1 or PI-2) district, if the applicant proposes a use that is significantly different from the original intended use that had been identified when the land was zoned to PI-1 or PI-2, the newly proposed use will be treated as a new proposal that is subject to 26-9D-4, Municipal Facility Review, for approval, approval with conditions, or denial.
6. F.
   Additional Review for Master-Planned Development. Rezoning to MP includes consideration of a master development plan. See Sec. 26-9D-1, Residential Master-Planned Development.
7. G.
   Additional Review for Planned Unit Development (PUD). Rezoning to PUD includes consideration of a preliminary development plan. See Sec. 26-9D-2, Planned Unit Development (PUD).
8. H.

   Effect of Approval. A zoning map amendment is recorded as follows:

   1. 1.
      The Zoning Administrator revises the Official Zoning Map to reflect the new zoning district for the property.
   2. 2.
      The City Clerk maintains a record of all ordinances that change the zoning classification of the area or property.
   3. 3.
      The ordinance will include a physical or legal description of the area being rezoned and a map of the same prepared in accordance with the provisions of Sec. 26-2A-3, Zoning Map.

(Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024; Ord. No. 7753, 05/20/2025) 

A Comprehensive Plan amendment includes adopting updates to the Comprehensive Plan, including the Future Land Use Map, transportation plans, or any of the adopted neighborhood, district, corridor, or other sub-area plans. A proposed zoning map amendment or an annexation and request for zoning that is not reflected in or is in substantial conflict with the Comprehensive Plan may warrant consideration of a Comprehensive Plan amendment.

1. A.
   Applicability

   1. 1.
      The Commission or Planning Board may initiate the process to amend the Comprehensive Plan, including any surveys or studies required by State law.
   2. 2.
      A property owner may file an application for plan amendment along with an application for a rezoning, provided the Zoning Administrator has determined that the rezoning would be a substantial change from the adopted Comprehensive Plan. The Planning Board and Commission may, at their discretion, consider the rezoning application concurrently with the plan amendment application.
2. B.
   Procedure. This land use action is subject to the Type-III review process in accordance with Article 26-8, Procedures and Administration.
3. C.
   Authority. The Planning Board is authorized to recommend and the City Commission is authorized to approve, modify, or deny a comprehensive plan amendment proposal.
4. D.
   Review Factors. The Planning Board and the Commission must base their approval, conditional approval, or denial on the following relevant factors:

   1. 1.
      Future Land Use Map Amendment

      1. A.
         The proposed map amendment is compatible with existing or planned land uses on adjacent properties.
      2. B.
         Adequate public utilities, facilities, and/or services are available or may be extended in a cost-effective and efficient manner to serve development of the type and scope suggested by the proposed amendment.
      3. C.
         The proposed map amendment is warranted by changing conditions in the area, or it corrects an error in fact concerning the property’s future land use classification at the time of the original plan adoption.
      4. D.
         The proposed map amendment is warranted by changing conditions or a current need.
      5. E.
         If the proposed map amendment is approved, there will be an adequate supply of land remaining in the category being changed to meet future needs.
      6. F.
         The proposed plan amendment conforms to the applicable growth vision, goals, key objectives, guiding principles, and policies of the Comprehensive Plan.
   2. 2.
      Text Amendment. The amendment:

      1. A.
         Furthers the growth vision, goals, key objectives, guiding principles, and policies of the Comprehensive Plan.
      2. B.
         Advances a legitimate public need.
      3. C.
         Is warranted by changing conditions, aspirations of the community, or a current need.
   3. 3.
      Plan Boundary Amendment. The proposed boundary amendment:

      1. A.
         Provides for a logical and desirable extension of the Manhattan Urban Area.
      2. B.
         Is warranted by changing conditions, aspirations of the community, or a current need.
      3. C.
         Is compatible with and supported by applicable County plans concerning the proposed land use, or is a necessary change supported by the applicable County.
      4. D.
         Has adequate urban public facilities, utilities, and/or services available, or they may be extended in a cost-effective and efficient manner, to serve the development for the type and scope suggested by the proposed amendment.
5. E.
   Effect. A plan amendment does not authorize development. Any development that occurs after the plan amendment is adopted is subject to all applicable requirements of this Chapter.

The first step in the subdivision of land is a preliminary plat, which applies to land within the Urban Area and any annexed land outside of the urban area. The preliminary plat shows the dimensions and locations of proposed lots, rights-of-way, utilities, and future connections to undeveloped land.

1. A.
   Applicability. A preliminary plat is required for the subdivision of land into two or more tracts, parcels, or lots.
2. B.
   Procedure. This land use action is subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. C.
   Authority. The Planning Board is authorized to approve, approve with conditions, or deny a preliminary plat.
4. D.
   Application Jurisdiction

   1. 1.
      City Limits. If the land proposed to be subdivided is within the city limits of Manhattan, the application must be submitted to the City’s Community Development Department.
   2. 2.
      Urban Service Area. If the land proposed to be subdivided is located within the Urban Service Area, the application must be submitted to the County’s Planning and Development Department, which will coordinate the review with the City.
   3. 3.
      Urban Area. If the land proposed to be subdivided is located in the Urban Area, the application will be submitted to the responsible Planning Department.
5. E.
   Transportation Concept Plan Required. A concept plan showing future transportation and infrastructure connectivity is required with or on the preliminary plat.
6. F.
   Benefit District. If the land proposed to be subdivided is subject to special assessments imposed by the City, the application will be deemed incomplete until the approval of a plan submitted by the applicant that establishes how the special assessments are to be re-apportioned on the tract upon platting. The plan must include written approval of all owners of the tract and must equitably share the benefiting development costs to current and future property owners. If the proposed preliminary plat is modified after approval of the benefit district plan, the plat will not be approved until the plan is resubmitted and re-approved.
7. G.
   Review Factors. The Planning Board will base its decision on the following factors.

   1. 1.
      Comprehensive Plan. The plat presents an overall development pattern that is consistent with the policies and goals of the Comprehensive Plan
   2. 2.
      Layout. The plat contains a sound, well-conceived parcel and land subdivision layout, including consideration of the land contiguous to the land proposed for subdivision, that is consistent with principles of integrated land use and transportation planning, site engineering design principles, and the requirements of Article 26-5, Subdivision Standards, including:

      1. a.

         The spacing and layout of proposed streets, curb cuts, intersection locations, medians, and the number and location of ingress and egress points to the land covered by the plat are consistent with good traffic engineering design and public safety considerations.

      2. b.

         Drainage design preserves natural drainageways as much as possible and is adequate for the subdivision overall, for each phase of the subdivision, and at the individual lot level.

      3. c.

         Lot design and buildability.

   3. 3.
      Zoning District Requirements. The proposed preliminary plat conforms with the applicable zoning district requirements in Article 26-2, Zoning Districts and Land Uses.
   4. 4.
      Public Facilities. Providers of public facilities or services have indicated that their facilities or services—including sanitary sewer, water, streets, storm sewer, fire protection, police protection, schools, electricity, data, and phone service—will be available to the platted area within a reasonable period of time, or have not actively indicated the contrary.
   5. 5.
      Health, Safety, and General Welfare. The applicant has made every reasonable effort to mitigate the impact of the proposed subdivision on the public health, safety, and general welfare, including off-site impacts caused by increased traffic volume, altered traffic flow, and increased or altered drainage.
   6. 6.
      Floodway or Floodway Fringe. The plat conforms to all requirements of Article 26-6, Environmental Standards, as applicable.
   7. 7.
      Airport Overlay. The plat conforms to all requirements of Section 26-3B-1, Airport Overlay (O-A) District, as applicable.
8. H.
   Scope of Approval

   1. 1.
      Approval. The Planning Board will approve or conditionally approve the preliminary plat if it finds the factors in Subsection 26-9C-1G, Review Factors, above, are substantially met.
   2. 2.
      Actions Taken

      1. a.
         Inaction. If the Planning Board fails to approve, conditionally approve, or deny a preliminary plat within 90 calendar days after the date of the first public hearing on the plat, then the plat is deemed approved, as submitted, unless the Planning Board, for good reasons stated, extends such time frame for a period not to exceed an additional 90 calendar days. If the Planning Board fails to take action within the extended period, the preliminary plat is deemed “approved” as submitted.
      2. b.
         Once Approved. Upon approval, a preliminary plat will be marked to indicate it has been approved or conditionally approved by the Planning Board.
      3. c.
         Approval is Not Acceptance. Approval of the preliminary plat by the Planning Board does not constitute final acceptance of the subdivision but is merely an authorization to proceed to the preparation of the final plat.
9. I.
   [not used]
10. J.
    Additional Scope of Approval for Flood-Prone Areas

    1. 1.
       Studies Required. Prior to the approval of a preliminary plat, the Planning Board may require the applicant to submit an engineering study of the impact of a flood on any flood prone area not delineated as a Floodway or Floodway Fringe District. The Planning Board will review the plat to determine if the subdivision proposal will be reasonably safe from flooding and may impose construction standards consistent with the need to protect those flood-prone areas identified in the study. In order to be reasonably safe:

       1. a.
          Residential development must be constructed on non-settling fill so that the lowest enclosed floor, including a basement, would be at least one foot above the flood elevation determined by the concurrent engineering study.
       2. b.
          Commercial or industrial development must be constructed on non-settling fill so that the lowest enclosed floor is at least one foot above the determined flood elevation, or dry flood-proofed to at least one foot above the determined flood elevation.
    2. 2.
       Additional Review in Flood-Prone Areas. The Planning Board must review the plat to assure that:

       1. a.
          It is consistent with the need to minimize flood damage within the flood-prone area.
       2. b.
          All public utilities and facilities, such as sewer, gas, electrical, water, and streets are located and constructed to minimize or eliminate flood damage.
       3. c.
          Adequate drainage easements are provided to reduce exposure to flood hazards.
    3. 3.
       Denial. The Planning Board may deny a plat in unique circumstances where the facts indicate that due to frequency or severity of flooding, flood depths, or flood velocities, the proposed plat cannot provide lots that are safe from the effects of flooding.
11. K.
    Period of Validity

    1. 1.
       Original or Extended Period. An approved preliminary plat will be valid for a period of two years. Before the expiration of the two-year period, the applicant may request, and the Planning Board may approve, an extension of the period of validity for another two-year period.
    2. 2.
       Timing of Final Plat(s). An application for a final plat must be submitted within the two-year period, including any extensions. If an application is not filed, the preliminary plat will be automatically deemed withdrawn. If the approval is withdrawn, the proposed subdivision must be reprocessed as a preliminary plat pursuant to this Chapter. For good cause shown, the Planning Board may allow the reinstatement of the preliminary plat approval.
    3. 3.
       Phasing. For preliminary plats that will be developed in phases, the approval of the initial and subsequent final plats for phases of the project extends the period of validity for the remaining phases for a period of two years after the date of approval of the final plat. Each two-year period runs from the date of the latest final plat approval and are not cumulative. If a final plat for a phase of the development is not submitted and approved during the two-year period, the original preliminary plat, together with any submitted but unapproved final plat applications, are deemed withdrawn.
12. L.
    Chapter Conformance. Notwithstanding the period of validity established in this Section, every plat must conform to the provisions of this Chapter applicable at the time of final plat approval, except that any such plat will be exempt from any subsequent amendments to this Chapter rendering the preliminary plat nonconforming as to bulk, lot size, or use regulations, provided that the final plat approval is obtained within the period of validity of the preliminary plat.

Following approval of a preliminary plat, the next step in the subdivision of land is a final plat, which applies to land within the Urban Area. A final plat is reviewed and recommended by the responsible Zoning Administrator and approved or denied by the Planning Board, with the acceptance of rights-of-way, easements, and land dedication by the responsible Governing Body.

1. Generally
   1. Period of Validity. See Subsec. 26-9C-1K, Period of Validity.
   2. Replats. An application for a replat may be submitted at any time for all, or a portion, of a parcel controlled by a recorded final plat. The review and approval procedures for a replat are the same as a final plat, except a replat will not be deemed “complete” until the Zoning Administrator approves the re-apportionment of special assessments. 
2. Applicability. Final plats will only be reviewed if a preliminary plat has been approved or provisionally approved for the subject area.
3. Procedure. This land use action is subject to the Consent process in accordance with Article 26-8, Procedures and Administration.
4. Authority. The Planning Board is authorized to approve or deny a final plat.
5. Review by Zoning Administrator. Upon receipt of an application, the responsible Planning Department will determine if the plat substantially conforms with the approved preliminary plat, adheres to any conditions or requirements of the Planning Board, and complies with the Chapter. If the final plat does not conform, the responsible Planning Department will notify the applicant of the discrepancies and the action necessary to obtain conformance, per Division 26-8C, Application Review. Upon receipt of notification, the applicant may:
   1. Take the suggested action and resubmit the application for Plat approval;
   2. Request that the application be scheduled with the Planning Board to determine conformance; or
   3. Request the application be considered for approval of a Preliminary/Final Plat in one action, in which case the requirements of Sec. 26-8B-6, Notice, apply.
6. Review Criteria. The Planning Board will approve the final plat if it is in substantial conformance with the approved preliminary plat, including all conditions or requirements of the Planning Board, and the final plat complies with all requirements of Article 26-5, Subdivision Standards, in effect as of the date of final approval
7. Scope of Approval
   1. Required Approval. The Planning Board is required to approve the final plat under the following conditions:
      1. Meets Criteria. The final plat meets the criteria in Subsec. 26-9C-2F.
      2. Timing of Determination. The Planning Board must determine substantial conformance within 60 calendar days after the first meeting of the Planning Board. If a determination is not made within this period, the final plat will be deemed “approved”, unless the applicant has agreed, in writing, to an extension of the 60 calendar day period.
      3. Once Approved. Upon approval, a final plat will be signed by the chairperson and secretary of the Planning Board to indicate it has been approved and a certificate of such approval will be issued by the responsible Zoning Administrator, upon demand.
      4. Conditional Approval. If events occurred subsequent to approval of the preliminary plat that raise issues the Planning Board believes should be addressed pursuant to this Section, the Planning Board may make such requirements as permitted for a preliminary plat.
   2. Denial
      1. Factors Set Out in Writing. If the Planning Board determines that a final plat or replat does not comply with the Chapter, or does not conform to the preliminary plat, or both, the Planning Board may deny the final plat. In such event, the Planning Board will set forth in writing its order of denial, which will also set forth the factors the Planning Board relied upon in making such determination.
      2. Resubmittal. If the Planning Board enters an order denying a final plat or replat, it may also set a period of time within which the applicant may resubmit the plat, with amendments, for reconsideration by the Planning Board.
   3. Actions Taken
      1. Acceptance of Rights-of-Way, Easements, and Dedicated Land. Before a final plat or replat is recorded, it will be submitted to the responsible Governing Body for consideration of the acceptance of streets and other public ways, public easements, and land dedicated for public use.
         1. City Limits. When a final plat or replat is within the city limits, acceptance of dedications will be shown over the signature of the Mayor or any other City official duly authorized to act during the absence or disability of the Mayor and attested by the City Clerk.
         2. Urban Area or Urban Service Area. When a final plat or replat is located in the unincorporated areas of the County, acceptance of dedications will be submitted and shown over the signatures of the County Commission and attested by the County Clerk.
      2. Timing of Acceptance. The responsible Governing Body must accept or refuse the dedication of land for public purposes within 30 calendar days after the first regularly scheduled meeting following the date the plat was submitted to the City Clerk. The responsible Governing Body may defer action for an additional 30 calendar days to allow for modifications in order to comply with the requirements.
      3. Deferral or Refusal. If the Governing body defers or refuses any dedications, it will advise the applicant and the Planning Board of the reasons for such deferral or refusal. The reasons must be solely related to the ownership, improvement, maintenance, and use of such dedicated land.
      4. Dedication Acceptance. No Plat may be filed of record, or effective, if it contains dedications of land to the public that have not been accepted by the responsible Governing Body.
8. Recording. Upon approval of a final plat, acceptance of all dedications, and submission of all documents, the final plat will be filed with the appropriate Register of Deeds. If all documents have not been submitted within one year of the date the appropriate Governing Body accepted the dedications, the approval of the final plat will be deemed “withdrawn” and the final plat will not be filed until it has been submitted again for approval.

For the subdivision of an unplatted tract into five or fewer lots, a concurrent plat process may be used to consolidate the processes of preliminary and final plats.

1. Applicability. This Section applies to the subdivision of land for only five or fewer lots.
2. Procedure. This land use action is subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Planning Board is authorized to approve, approve with conditions, or deny a concurrent plat.
4. Review Criteria. The application must contain all the documents required for both preliminary and final plats and must be reviewed, simultaneously, in the same manner and by the same criteria required for preliminary and final plats.
5. Scope of Approval. Approval of a concurrent plat is consistent with that of the scope of approval for a preliminary plat and final plat, as stated in Sec. 26-9C-1, Subdivision—Preliminary Plat and Sec. 26-9C-2, Subdivision—Final Plat. 

Concurrent with the submittal of a preliminary or final plat, or prior to final action on the plat, an applicant may request a deviation from the provisions in Division 26-5B, Lot, Block, and Subdivision Standards, and Division 26-5C, Transportation System Standards, provided that granting such deviation would not violate any policy or purpose of this Chapter or vary any zoning regulation. The deviation request must specifically state which provisions the deviation is being requested for and the justification for the request.

1. Applicability. The Planning Board may grant deviations as provided in this Section if the Planning Board makes findings with respect to the criteria cited below. No deviation may be granted for lot partitions or boundary line adjustments.
2. Procedure. A deviation request may only be considered with either a preliminary or final plat, and will therefore be imbedded in the applicable procedure.
3. Authority. The Planning Board is authorized to approve, approve with conditions, or deny a deviation from subdivision standards.
4. Review Criteria. The Zoning Administrator, in conjunction with the Public Works Director, will make a recommendation on the deviation, and the Planning Board will approve or deny the deviation request, based on the following relevant factors:
   1. Public Interest. Granting approval of the deviation will not be detrimental to the public health, safety, or general welfare, or be injurious to adjacent property.
   2. Unique Characteristics. There are unique physical characteristics of the property in question that are not generally applicable to other property.
   3. Unnecessary Hardship. Due to the unique physical characteristics of the property, its shape, or topography, an unnecessary hardship to the applicant would result, as distinguished from a mere inconvenience, and such hardship is not based solely on economics.
   4. No Conflict. The granting of the deviation would not substantially conflict with any other provision of this Chapter or the Comprehensive Plan.
5. Scope of Approval. The Planning Board may impose conditions, safeguards, and restrictions upon the premises benefited by the deviation to comply with the standards in this Section, and to carry out the purposes of this Chapter. Failure to comply constitutes a violation of this Chapter.

Concurrent with the submittal of a preliminary or final plat, or prior to final action on the plat, an applicant may request a waiver of the provisions in Sec. 26-5E-5, Utility Easements; Sec. 26-5D-2, Storm Drainage Easements; and Sec. 26-5D-3, Water and Sewer Facilities Easements, relating to underground utilities. The waiver request must specifically state the provisions from which a waiver is requested and the justification for the request.

1. Applicability. This Section applies to all subdivision of land required to install underground utilities.
   1. Applicable Conditions. A waiver application may be submitted if physical conditions of the land, or economic conditions associated with the nature of the subdivision in question, make underground installation infeasible. Such request must be accompanied by a report from the responsible public utility stating the per linear foot cost differential between the average cost for installation of underground utilities and the estimated cost to the subdivision.
   2. Temporary Services. See Subsec. 26-5E-5G, Temporary Allowance.
   3. Extension of Temporary Services. In the event the special permission for temporary services cannot be completed within the 120-day period, because of a shortage of material, natural disaster, strikes, or payment of which the City or County may become liable to another person, or corporation by reason of any negligence by the utility in the construction, maintenance, and operation of its utility system within the City or County, then upon written request to the responsible Planning Department, the time may be extended an additional temporary period or periods necessary to allow completion of such construction.
2. Procedure. A waiver request will only be considered with either a preliminary or final plat, and will therefore be imbedded in the applicable procedure.
3. Authority. The Planning Board is authorized to approve, approve with conditions, or deny a waiver from subdivision utility standards.
4. Review Criteria. The Zoning Administrator, in coordination with the Public Works Director, will make a recommendation on the waiver, and the Planning Board will approve or deny the waiver request, based on the following relevant factors:
   1. Public Interest. Approval of the waiver is not detrimental to the public health, safety, or general welfare, or injurious to adjacent property.
   2. Unique Characteristics. There are unique physical characteristics of the subject property that are not generally applicable to other property.
   3. Unnecessary Hardship. Due to the unique physical characteristics of the property, its shape or topography, an unnecessary hardship to the applicant would result, as distinguished from a mere inconvenience, and such hardship is not based solely on economics.
   4. No Conflict. The granting of the waiver would not substantially conflict with this Chapter or the Comprehensive Plan.
5. Scope of Approval. The Planning Board may impose conditions, safeguards, and restrictions upon the premises benefited by the deviation to comply with the standards in this Section, and to carry out the purposes of this Chapter. Failure to comply constitutes a violation of this Chapter.

A partition is a division of one lot into two lots that does not involve the dedication of new rights-of-ways or public utility easements.

1. Applicability. This Section applies to the partition of a platted lot, without requiring a final plat. This process cannot be used for land that has never been previously platted, nor for land that has been previously partitioned, or undergone a lot line adjustment, nor for the creation, vacation, or modification of rights-of-way, public easements, or conditions of approval for a previous final plat.
2. Procedure. This land use action is subject to the Type-I review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Zoning Administrator is authorized to approve or deny the partition.
4. Review by Zoning Administrator. Upon receipt of an application, the Zoning Administrator will review the application to determine whether the proposed partition would create two lots which conform with this Chapter, the conditions of approval for the original final plat, and the applicable county sanitary code. If the partition does not conform, the Zoning Administrator will notify the applicant of the discrepancies and the action necessary to obtain conformance, per Division 26-8C, Application Review. Upon receipt of the notification, the applicant may:
   1. Take the required action and resubmit the application for partition approval; or
   2. Request that the partition be considered as a final plat, and submit a complete application, which will then be processed for review, as outlined in Sec. 26-9C-2, Subdivision—Final Plat or Replat.
5. Recording. Upon approval of a partition, and submission of all documents, the map of partition will be filed with the appropriate Register of Deeds. If all documents have not been submitted within one year of the date of approval, the partition will be deemed “withdrawn” and the partition will not be filed until it has been submitted as a new application for approval.

A lot line adjustment moves platted lot lines among two platted lots. A lot line adjustment does not involve the dedication of new rights-of-ways or public utility easements

1. Applicability. This Section applies to the adjustment of platted lot lines between two lots, without requiring a final plat. This process cannot be used for land that has never been previously platted, nor for land that has been previously partitioned or undergone a lot line adjustment, nor for the creation, vacation, or modification of rights-of-way, public easements, or conditions of approval for a previous final plat.
2. Procedure. This land use action is subject to the Type-I review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Zoning Administrator is authorized to approve or deny the lot line adjustment.
4. Review by Zoning Administrator. Upon receipt of an application, the Zoning Administrator will review the application to determine whether the proposed lot line adjustment would cause the affected lots to fall out of conformance with this Chapter, the conditions of approval for the original final plat, or the applicable county sanitary code. If the lot line adjustment does not conform, the Zoning Administrator will notify the applicant of the discrepancies and the action necessary to obtain conformance, per Division 26-8C, Application Review. Upon receipt of the notification, the applicant may:
   1. Take the required action and resubmit the application for lot line adjustment approval; or
   2. Request that the lot line adjustment be considered as a final plat, and submit a complete application, which will then be processed for review, as outlined in Sec. 26-9C-2, Subdivision—Final Plat or Replat.
5. Recording. Upon approval of a lot line adjustment, and submission of all documents, the map of lot line adjustment will be filed with the appropriate Register of Deeds. If all documents have not been submitted within one year of the date of approval, the lot line adjustment will be deemed “withdrawn” and the lot line adjustment will not be filed until it has been submitted as a new application for approval.

1. A.
   Applicability. The residential master-planned (MP) development option is available as a development type in the RL, RL-A, RM, and RH zoning districts (see Sec. 26-2C-2, Residential Development Types).
2. B.
   Purpose. The Residential Master-Planned Development type occupies the middle ground between a by-right base zoning district and a developer-defined planned unit development. It is designed to allow for broad ranges of building types, densities, and some non-residential uses in a largely residential setting. In exchange for those flexibilities, minimum open space and minimum residential density standards are required.
3. C.
   ​​​​​Procedure. A master development plan (DP) is required concurrently with an application to rezone property to a RL, RL-A, RM, or RH zone as an MP development and is processed as a Type-III decision. All master-planned developments must also be platted, either concurrently with rezoning or afterward. Existing standard or cluster residential development may be converted to an MP; in such cases, conversion to an MP development type will be treated as a rezoning, even if the base zoning district does not change.
4. D.
   Authority. The Planning Board is authorized to recommend and the City Commission is authorized to approve, approve with conditions, or deny a DP.
5. E.
   Development Plan Contents. The DP will be a map showing blocks of land use categories and types, including public and private open space, and a layout of transportation systems in sufficient detail to assess the application. The DP may show intended lot lines, but that is not required for approval because the focus is on arrangement of land uses and transportation systems (see Figure 26-9D-1.1 Development Plan Example). A sufficient DP will include enough information to establish:

   1. 1.
      The location and land area of generic types of residential uses as permitted in Table 26-9D-1.1, Residential Master Planned Land-Use Mix Requirements, labeled as:

      1. a.
         “Single-family dwellings, detached” or “SFR-D”
      2. b.
         “Single-family dwellings, attached” or “SFR-A”
      3. c.
         “Multiple-family dwellings” or “MFR”
   2. 2.
      The location and land area of generic types of non-residential uses as permitted in Table 26-9D-1.1, Residential Master Planned Land-Use Mix Requirements, labeled as:

      1. a.
         “Commercial” (excluding any commercial use of the home)
      2. b.
         “Public”
      3. c.
         “Institutional” (which will include group quarters, and 13+ unit adult/child care uses)
   3. 3.
      General locations, means of continuity and connectivity, and the extent of public parkland and private open spaces and amenities.
   4. 4.
      The transportation system connections through and within the development.
   5. 5.
      Gross densities at complete build out.
   6. 6.
      Phases of development and projected date of completion for each phase

6. F.

   Required Mix of Housing Types, Uses, and Density

   1. 1.

      Residential master planned (MP) developments must meet the requirements for minimum/maximum mix of uses, development size, and density as determined by Table 26-9D-1.1, Residential Master Planned Land Use Mix Requirements.

   2. 2.

      Phasing. If the development is phased, then such phasing is proposed in a manner that assures an adequate mixture of residential and non-residential land uses. The development will be completed in a timely manner so as not to allow indefinite incompletion or reflect a misrepresentation of the development’s final nature and character for an unreasonable amount of time.

7. G.
   Review Criteria. The application to apply an MP type is reviewed concurrently per Sec. 26-9B-2, Rezoning. The Planning Board will base its recommendation to approve, conditionally approve, or deny the DP, and the Commission will base its approval, conditional approval, or denial of the DP, on whether it can make the following findings:

   1. 1.
      The application meets the DP content requirements in Subsection 26-9D-1E.
   2. 2.
      The application meets the minimum and maximum land-use mix and density requirements in Subsection 26-9D-1F.
8. H.
   Scope of Approval. An approved DP is the basis for approval of individual site plans, preliminary and final plats, and building permits. Once the DP is approved, all subsequent plans and permits must demonstrate consistency and conformance with the adopted plan.
9. I.
   [Not used]
10. J.
    DP Modifications and Amendments. An approved DP must be modified or amended before a building permit may be issued that would reasonably result in a land-use mix or density outside of the prescribed range or would result in an unpermitted building type or use. The amendment will ensure compliance with the MP regulations at the development’s completion.
11. K.
    Completed DPs. A DP may be considered complete when:

    1. 1.
       At least 85% of land uses by area in each phase are constructed and issued a certificate of occupancy (as applicable) on or before the date of completion approved by the Planning Board.
    2. 2.
       The land use mix requirements per Table 26-9D-1.1 are satisfied.
12. L.
    Expired DPs. An approved DP may expire and become invalid if the development is not completed on time. An expired DP must be amended to reflect a new phasing plan within 180 days of the expiration or be issued a violation. Alternatively, applicant make seek an extension as a major or minor modification under Sec. 26-9E-6, Modification to a Residential Master Plan Development. The amended DP will be approved or denied by the Planning Board. If unapproved, the MP development or portion(s) thereof must be rezoned to a district that best reflects the character of the development and minimizes non-conformities or otherwise as may be appropriate as per the comprehensive plan. This may require multiple zoning districts and development types.
13. M.
    Defunct DPs. If for any reason a DP cannot be completed to satisfy the requirements of this Chapter, the MP development or portion(s) thereof must be rezoned to a district best reflecting the character of the development and minimizing non-conformities or as otherwise may be appropriate, as per the comprehensive plan. 

(Ord. No. 7627, 02/07/2023) 

The Planned Unit Development (PUD) process allows development that mixes compatible uses, situates the location and type of structures for those uses, and creates common open space and facilities for owners, occupants, and customers in the zone.

1. A.
   Purposes and Limits. See Sec. 26-2B-3, Planned Unit Development Provisions, which includes applicability restrictions and sets minimum development sizes.
2. B.
   Procedure. This land use action is subject to both the Type-III and consent review processes in accordance with Article 26-8, Procedures and Administration. The required steps and material submissions take place in the following order:

   1. 1.
      Rezoning and Preliminary Development Plan. This step includes review by the Planning Board and approval by the City Commission by ordinance (Type III). A rezoning to PUD consists of a rezoning review per Sec. 26-9B-2, Rezoning, simultaneous with preliminary development plan (PDP) review per this Section. The City Commission may require changes to the PDP and refer it back to the Planning Board for another review.
   2. 2.
      Final Development Plan. This step includes review and decision by the Planning Board using the Consent process. The final development plan (FDP) may include the entire PUD or phases of it.
   3. 3.
      Concurrent Review. For certain PUD applications the rezoning, PDP, and FDP may be reviewed together by the Planning Board, but the Board’s approval of the FDP must be made contingent on adoption of the PUD rezoning and PDP by the City Commission. Following that adoption, the Planning Board may finalize approval of the FDP by consent. Concurrent review is permitted only to those applications at or below the following limits:

      1. a.
         20 dwelling units and/or 20 lots for entirely residential planned developments.
      2. b.
         Five separate buildings for entirely commercial planned developments.
      3. c.
         Mixed-use planned developments where the uses occupy up to three buildings and/or lots.
3. C.
   Authority

   1. 1.
      Rezoning and PDP. The Planning Board is authorized to recommend approval, approval with conditions, or denial, and the City Commission to approve, approve with conditions, or deny a rezoning to PUD and the accompanying PDP.
   2. 2.
      Final Development Plan (FDP). Following approval of the rezoning and PDP, the Planning Board is authorized to approve or deny an FDP if it meets the review factors in Para. 26-9D-2D-2e, below.
4. D.
   Plan Contents. The preliminary development plan (PDP) and the final development plan (FDP) are two different sets of documents. As a rezoning matter, the PDP concerns land uses and transportation generally. As a subdivision and/or site development matter, the FDP concerns site-specific or subdivision-specific architectural, siting, landscaping, parking, and other development details.

   1. 1.
      The PDP (see Fig. 26-9D-2.1) comprises the following documents:

      1. a.
         PUD zoning map. A map showing the general disposition of land uses, residential densities, transportation systems, commercial uses, and open spaces, as applicable.
      2. b.
         PUD zoning standards. Textual/tabular explanation and documentation of requested land uses and densities, requested setbacks, heights, and other bulk standards, and requested parking, landscaping, signage, and similar site development standards.
      3. c.
         PUD circulation map. A map showing the general layout of transportation systems and connections to the existing system.
      4. d.
         Optional documents. The applicant may include draft illustrations of architectural styles, sign designs, landscaping plans, and other site development items, but any such details will not be adopted.

Figure 26-9D-2.1. Example Preliminary Development Plan (not to scale)

3. 2. 2.
      The FDP comprises the following documents:

      1. a.
         A detailed map of subdivision or site development plan(s), as appropriate, including fully dimensioned transportation systems (see Fig. 26-9D-2.2).
      2. b.
         A detailed development map or site development plan(s), as appropriate, showing building, transportation, open space, landscaping, and parking layout (see Fig. 26-9D-2.3).
      3. c.
         Detailed illustrations and descriptions, as appropriate, of architectural styles, signage designs, landscaping, buffering, parking, and lighting, and any other site development features.

Figure 26-9D-2.2. Example Final Development Plan: Final plat (not to scale)

Figure 26-9D-2.3. Example Final Development Plan: Detailed development map (not to scale)

5. E.
   Review Factors. The Planning Board and City Commission will base their approval, conditional approval, or denial on the following:

   1. 1.
      Preliminary Development Plan

      1. a.
         The review factors for rezoning in Sec. 26-9B-2, Rezoning.
      2. b.
         The PUD zoning is warranted because the proposed development would result in an overall benefit for the community.
      3. c.
         The PDP transportation layout provides for present or future connectivity for all modes.
      4. d.
         The PDP demonstrates that the proposed zoning standards are justifiable deviations from the zoning standards of this Chapter.
      5. e.
         The development is phased in a manner which may be accommodated by the timely provision of public utilities, facilities, and services.
   2. 2.
      Final Development Plan

      1. a.
         The final development plan is in substantial conformance with the preliminary development plan.
      2. b.
         The final development plan conforms to the ordinance establishing the PUD district, including any conditions.
      3. c.
         The development makes use of landscaping, buffering, screening, natural and man-made drainage patterns, recreational amenities, circulation, and common open space to achieve an orderly and creative arrangement of all land uses with respect to each other and to the community.
      4. d.
         The development contains a connected and integrated comprehensive transportation system providing for all modes.
6. F.
   Scope of Approval

   1. 1.
      PUD Ordinance. The ordinance must include:

      1. a.
         Incorporation by reference of all approved drawings and documents.
      2. b.
         A map and legal description of the boundaries of the PUD district.
      3. c.
         Any restrictions, conditions, and use limitations applied as part of the preliminary development plan approval.
   2. 2.
      Subdividing PUDs . Subdivision plats will be approved if they conform to the approved development plans.

      1. a.
         Subsequent to approval of a PDP, a preliminary plat application may be submitted for review by the Planning Board per Sec. 26-9C-1.
      2. b.
         Concurrent with or subsequent to approval of an FDP, a final plat application may be submitted for review by the Planning Board per Sec. 26-9C-2.
   3. 3.
      Modifications or amendments. Refer to Sec. 26-9E-7, Modification to a Final Development Plan.
7. G.
   Period of Validity

   1. 1.
      Final Development Plan. After approval of a final development plan, construction must commence within two years of such approval, unless an extension is sought as outlined in Sec. 26-8D-4, Extension of Time.
   2. 2.
      Preliminary Development Plan. Following the approval to rezone the site to PUD, the applicant must submit a final development plan to the Planning Board within the time limits that are made a part of the rezoning ordinance or, in the absence of such time limits, within one year after the approval of the rezoning, or seek an extension, as outlined in Sec. 26-8D-4, Extension of Time.
   3. 3.
      Expired Application. Failure to meet the above periods of validity will cause the approved PUD to become void, as described in Sec. 26-8D-3, Inactive and Expired Applications.

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

1. A.
   Applicability. Review of a site development plan is a general requirement for a number of development types, including cottage villages, manufactured home parks, and development in some overlay districts. In addition, except for development that received appproval through another land development review process covered in this Article, the Zoning Administrator may require Type-I site plan review for larger development projects to ensure a comprehensive, multi-department overview takes place.
2. B.
   Procedure. This land use action is subject to either the Type-I or Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. C.
   Authority. The Planning Board is authorized to approve, approve with conditions, or deny a Type-II site development plan. The Zoning Administrator is authorized to approve, approve with conditions, or deny a Type-I site development plan.
4. D.
   Review Criteria. The review body will base its decision on the following criteria.

   1. 1.
      Layout. The site development plan has a well-conceived layout that integrates land use, transportation, and site engineering, including:

      1. a.
         Access management
      2. b.
         On-site vehicular circulation and parking
      3. c.
         Pedestrian and bicycle access and on-site circulation
      4. d.
         Landscaping
      5. e.
         Drainage
   2. 2.
      Design Standards. The proposed site development plan conforms with the applicable design and use layout requirements in Article 26-4, Design Standards.
   3. 3.
      Overlay Standards. The site development plan conforms to all requirements applicable overlay districts.
   4. 4.
      Public Facilities. Public facilities or services are adequate to serve the development.
   5. 5.
      Impact mitigation. Where the proposed development has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, or reduce to an acceptable level, such potentially adverse impacts. Such measures may include:

      1. a.
         Improvements to public streets, such as provision of turning lanes, traffic control islands, traffic control devices, etc.
      2. b.
         Limiting vehicular access so as to avoid conflicting turning movements to/from the site and access points of adjacent properties.
      3. c.
         Provision of cross-access agreement(s) and paved connections between the applicant's property and adjacent property(ies) which would help mitigate traffic on adjacent streets.
      4. d.
         Provision of additional screening and landscape buffers, above and beyond the minimum requirements of this Chapter.
      5. e.
         Locating accessory facilities, such as trash storage, loading areas, and drive-through facilities, so as to limit potentially adverse impacts on adjacent properties or public rights-of-way.
      6. f.
         Any other site or building design techniques which would further enhance neighborhood compatibility.
5. E.
   Scope of Approval. The applicant may begin site development after the review authority issues final written approval of the site development plan. Conditionally approved site development plans are subject to the provisions of Section 26-8C-6, Conditioned Approval.
6. F.
   Period of Validity. An approved site development plan is valid for two years after final written approval.

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

Any public utility or facility owned and operated by the City of Manhattan or other municipality, as defined in this Chapter, is authorized as a permitted use in any zoning district, subject to the provisions of this Section.

1. Applicability. Any utility or facility not listed as a permitted, limited, or conditional use, in any zoning district other than Public & Institutional (PI), is permitted subject to the provisions of this Section. If any utility or facility is listed as a permitted, limited, or conditional use in Sec. 26-2C-2, Residential Uses and Standards, or Sec. 26-2D-4, Non-Residential Permitted Uses, the owner of any such utility or facility proposed for construction or expansion may choose to proceed according to this Section or may comply with applicable regulations of this Chapter.
2. Procedure. This land use action is subject to the Type-III review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Planning Board is authorized to recommend and the City Commission is authorized to approve, approve with conditions, or deny a proposal for the construction or expansion of a public utility or facility by ordinance, which is not an amendment to this Chapter nor considered a rezoning of the subject property.
4. Review Factors. Weighing all evidence and testimony, the Planning Board and the City Commission will decide if construction or expansion of the utility or facility outweighs the impacts on legitimate community interests by evaluating the proposal against the following factors:
   1. The nature and scope of the municipality making the request.
   2. The function of the utility or facility.
   3. The extent of the public interest to be served by the utility or facility.
   4. The effect that regulation of the construction or expansion will have on the municipality’s ability to efficiently, economically, and prudently meet the public interests they are serving. Regulation, in this case, means either the imposition of requirements necessary to mitigate impacts or a complete denial of the proposal.
   5. The impact that construction or expansion of the utility or facility will have on legitimate interests of that portion of the community where it is proposed to be located.
   6. If the owner of the utility or facility is the City of Manhattan, and if the facility or utility is of a type embraced within the Comprehensive Plan, regardless of whether or not it is in conformity with that Plan.
   7. Such other factors as the deciding body deems appropriate and relevant.
5. Scope of Approval
   1. Ordinance required. Approval of the proposal will be by ordinance. In the approving ordinance the Commission may establish any conditions deemed necessary to mitigate any impacts created by such use.
   2. Continuance, Withdrawals, Modifications and Other Procedures. Requests for continuance, modifications, withdraws, inactivity, and extensions of time will follow the appropriate procedures outlined in Sec. 26-8C, Application Review.

To ensure development, redevelopment, and substantial improvement of historic sites, structures, and districts included on the Manhattan Register of Historic Places is made in harmony with the architectural and historic character of the historic district or the era of the property, a certificate of appropriateness is required to implement the purposes set out in Subsec. 26-1A-3B, Historic Preservation.

1. Applicability. A certificate of appropriateness is required for any of the following types of construction, alteration, or demolition affecting a Historic Site, Structure, or District included in the Manhattan Register of Historic Places:
   1. Construction of additions.
   2. Construction of new structures.
   3. Alterations of features or materials identified as significant in the ordinance designating the site, structure, or historic district.
   4. Demolition requiring a permit.
   5. Alterations of a building site.
   6. Alteration of spaces, features, and finishes within interiors identified as significant in the establishing ordinance.
2. Procedure. There are two types of review processes for obtaining a certificate of appropriateness: major reviews and minor reviews. A major review is subject to the Type-II review process and a minor review is subject to the Type-I review process in accordance with Article 26-8, Procedures and Administration. Application for a certificate of appropriateness will be submitted to the Zoning Administrator on a form prepared and approved by the Historic Resource Board.
3. Review Type Determination: Generally, a minor review involves smaller-scale and lower-impact changes affecting a historic structure, site, or district, while a major review involves larger-scale and higher-impact changes affecting a historic structure, site, or district. The Zoning Administrator will determine whether a project will require a major review or a minor review based on guiding documents prepared and approved by the HRB.
4. Authority. The Historic Resources Board (HRB) is authorized to approve, approve with conditions, or deny an application for a certificate of appropriateness subject to major review. The Zoning Administrator is authorized to approve, approve with conditions, or deny an application for a certificate of appropriateness subject to a minor review as a Type-I Decision. 
5. Review Factors. The HRB and Zoning Administrator will base decisions on issuing a certificate of appropriateness pursuant to this Section on the following:
   1. Applicable Requirements. The application complies with all applicable requirements of this Chapter and the ordinance designating the historic structure, site, or district.
   2. Historic Use or Minimal Change. The property is used as it was historically or will be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
   3. Historic Character of Property. The historic character of a property is retained and preserved. The applicant has avoided proposing removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the property.
   4. Historic Integrity. The property is recognized as a physical record of its time, place, and use. The applicant has not proposed undertaking changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties.
   5. Changes. The applicant has proposed to retain and preserve changes to a property that have already occurred and have attained historic significance in their own right.
   6. Distinctive Features. The applicant has proposed to preserve distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property.
   7. Repair and Replacement. The applicant has proposed to repair rather than replace deteriorated historic features. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and, where possible, materials. The applicant has substantially documented the replacement of missing features.
   8. Gentlest Means. The applicant has undertaken chemical or physical treatments, if appropriate, using the gentlest means possible, without using treatments that cause damage to historic materials.
   9. Factors Applying Only to New Additions or Alterations.
      1. The applicant has proposed new additions, exterior alterations, or related new construction that does not destroy historic materials, features, and spatial relationships that characterize the property.
      2. The applicant has differentiated the new work from the old with a design that is compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
      3. The applicant has undertaken new additions and adjacent or related new construction in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
6. Scope of Approval. Once a certificate of appropriateness has been issued, an applicant may apply for building and other permits for development, construction, and other work on the property in conformance with the proposal as presented and approved by the Zoning Administrator or the HRB, respectively.
7. Appeal. Appeal may be taken to the HRB by an applicant aggrieved by a decision of the Zoning Administrator to approve, approve with conditions, or deny a certificate of appropriateness, per Sec. 26-9F-3, Appeal from a Minor Review for a Certificate of Appropriateness. The HRB's decision on such appeal is a Type-II Decision. Appeal may be taken to the City Commission by any person aggrieved by a decision of the HRB to approve, approve with conditions, or deny a certificate of appropriateness, per Sec 26-9F-5, Appeal from a Type-II Decision.

1. A.
   Procedure. The land use actions in this Section are subject to the Type-I review process in accordance with Article 26-8, Procedures and Administration.
2. B.
   Authority. The Zoning Administrator is authorized to approve, approve with conditions, or deny the agreements, plans, and permits in this Section.
3. C.

   Access Agreement

   1. 1.
      Applicability. An access agreement may be required when access is shared by adjacent properties, whether under single or separate ownership. The obligation to provide and maintain the cross-access runs with the land.
   2. 2.
      Form. An access agreement may be an agreement, easement, or other instrument in a form acceptable to the City Attorney, approved by the Zoning Administrator, and recorded with the office of the Register of Deeds of the responsible county at the applicant’s expense.
   3. 3.
      Scope of Approval. Upon acceptance and filing, the recorded book and page number of the access agreement must be referenced on any subsequent approved site or development plans or subdivision plats of the property. If there is an existing agreement or instrument for shared access without recorded documentation, an access agreement must be approved, executed, and recorded pursuant to this Paragraph prior to approval of any site or development plan or subdivision plat.
4. D.

   Building Permit

   1. 1.
      Applicability. Any applicant who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure must first make application to the Building Official and obtain the required permit.
   2. 2.
      Review Standards. No building permit may be issued unless and until it has been approved by the Zoning Administrator as being in compliance with this Chapter.
   3. 3.

      Administrative Exceptions. The Zoning Administrator is authorized to approve exceptions to the following standards within the prescribed limits for reasonable cause:

      1. a.
         Reduce rear setbacks by 20 percent.
      2. b.
         Reduction of required parking up to 10 percent for industrial and commercial uses.
      3. c.
         Reduction of required parking for multiple-family dwellings by one space for every six required spaces.
      4. d.
         The locational requirements for bicycle parking in Subsec. 26-7B-4F.
      5. e.
         Up to a ten-foot increase in driveway width for any use in any district, but only up to five feet in the O-EN, Established Neighborhood Overlay district. 
      6. f.
         Replacement of an accessory structure that does not conform to current bulk regulations but did conform when it was originally built.
      7. g.
         The general standards for non-residential districts listed in Sec. 26-2D-1.
      8. h.
         Structured parking and building orientation standards in Art. 26-4.
      9. i.
         Landscaping plans as described in Subsec. 26-7C-2D.
   4. 4.
      Scope of Approval. Upon issuance of a building permit, an applicant may initiate or continue development or improvement in accordance with the standards and procedures of this Chapter, other applicable City codes, ordinances and regulations, and in accordance with the permit terms. Any building permit issued in conflict with this Chapter is null and void.
   5. 5.
      As per the “Memorandum of Understanding" identified in Sec. 26-1A-4E, Fort Riley State Area of Interest, the City must provide a Notice of Potential Noise Impact to each individual receiving a construction permit for improvements within the "Critical Area" identified in Figure 1 of the Memorandum of Understanding.
5. E.

   Limited Use Approval

   1. 1.
      Generally. Limited Use Approval is an administrative procedure whereby the Zoning Administrator verifies that an application for a proposed limited use complies with the criteria set out in Division 26-2E, Limited and Conditional Use Standards. Authorization of a limited use may be issued simultaneously with a building permit or other required permits.
   2. 2.
      Applicability. An application is required for establishment of a new limited use, a change to a limited use, or the expansion of a limited use.
   3. 3.

      Review Standards

      1. a.
         Where Applicable. Refer to Sec. 26-2C-3, Residential Permitted Uses, and Sec. 26-2D-4, Commercial & Industrial Permitted Uses.
      2. b.
         Required Standards. Refer to Division 26-2E, Limited and Conditional Use Standards.
   4. 4.
      Scope of Approval. Upon authorization of a limited use, the applicant may proceed with requests for other required permits, as applicable.
6. F.

   Floodplain Development Permit

   1. 1.
      Applicability. An application is required for any development, substantial improvement, or repair to substantial damage, including the placement of manufactured homes, that is to occur within the community special flood hazard area, as shown on the official floodplain map.
   2. 2.
      Review Standards. Refer to Sec. 26-6B-1, Development in Community Special Flood Hazard Area.
   3. 3.
      Scope of Approval. Upon issuance of a floodplain development permit, an applicant may apply for building and other permits for the development, substantial improvement, or repair of substantial damage in accordance with the standards and procedures of this Chapter and in accordance with the permit terms. 
7. G.

   Sign Permit

   1. 1.
      Generally. A sign permit is required for all permitted signs set out in Sec. 26-7D-9, On-Premise District Regulations, and Sec. 26-7D-26, Off-Premise Advertising Signs, other than those listed as exceptions in Sec. 26-7D-1, Purpose and Applicability.
   2. 2.

      Applicability

      1. a.
         When Required. A sign permit is required to construct, install, place, relocate, maintain, or modify a sign’s dimensions or illumination characteristics, to attach any sign, or to authorize another person to do any of the same. All signs must be constructed, installed, placed, relocated, maintained, modified, or attached in compliance with the terms and conditions of the applicable sign permit and this Chapter.
      2. b.

         When Not Required. A sign permit is not required for the following signs; however, such signs must comply with all of the other regulations imposed by Division 26-7D, Signs.

         1. 1.
            All temporary signs, except for portable signs.
         2. 2.
            Permitted signs that are six square feet or less in area, located in an RL, RL-A, RM, RH, or RC districts.
         3. 3.
            Change of copy or sign face.
   3. 3.
      Sign Contractor. With the exception of adhesive window signs, portable signs, and similar non-structural installations, no permanent sign requiring a sign permit may be installed, constructed, relocated, modified, or expanded, except by a licensed sign contractor, as defined by Sec. 8-272, Sign Contractors license, required; fee; term.
   4. 4.
      Sign Permit Application and Fee. Each application for a sign permit will be on the written form provided by the City and accompanied by the sign permit fee.
   5. 5.
      Review Standards. A sign permit will be issued for a complete application that complies with Division 26-7D, Signs.
   6. 6.
      Issued and In Effect. Sign permits will be deemed issued and in effect for all signs within the City as of the effective date of this Chapter, except for signs that do not require permits. Sign permits will be deemed issued and in effect for all signs annexed into the City after the effective date of this Chapter, except for signs that do not require permits. Permits for existing signs will be issued without a fee. This provision may not be construed to relieve any person from the obligation to obtain a sign permit. The issuance and existence of a sign permit may not validate any failure to comply with the provisions of this Chapter, or any other applicable City codes, ordinances, or regulations.
   7. 7.

      Expiration. A sign permit expires under any of the following conditions:

      1. a.
         The use associated with the sign is abandoned, unless the sign is deemed historic or part of a historic site.
      2. b.
         The sign is removed or abandoned, as described in Sec. 26-7D-3, Maintenance, Repair, Removal, and Abandonment.
      3. c.
         The sign has not been completely constructed, installed, placed, changed, relocated, or attached within 180 days from the date of issuance of the sign permit.
   8. 8.

      Denial or Revocation. The Zoning Administrator, or designee, may deny or revoke a sign permit for any of the following reasons:

      1. a.
         Failure of the sign to comply with this code or the permit terms.
      2. b.
         Failure to permit the City access to inspect the sign for compliance.
      3. c.
         Fraud, misrepresentation, or a false statement in the sign application.
      4. d.
         Failure to submit a complete application and/or the sign permit fee.
   9. 9.
      Sign Permit Fee Refund. The sign permit fee will not be refunded if a sign permit expires or is denied or revoked.
   10. 10.

       Notice of Denial or Revocation of a Sign Permit

       1. a.
          Notice. Any notice will, at a minimum, state the reason(s) for the denial or revocation and notify the addressee of the right to appeal the denial or revocation pursuant to Sec. 26-9F-2, Appeal from a Sign Permit Decision.
       2. b.
          Revocation. The Zoning Administrator will send a written notice of the revocation of a sign permit to the sign permit holder at the address provided on the application and to the property owner’s address according to the records of the county in which the sign is located.
       3. c.
          Denial. The Zoning Administrator, or designee, will send a written notice of denial to the applicant at the address provided on the application form.
8. H.

   Wireless Telecommunication Facilities

   1. 1.
      Generally. The placement, construction, and modification of wireless telecommunication facilities are regulated in this Chapter, except for those small cell wireless facilities in the right-of-way that are regulated by other provisions of this code, including Chapter 30, Article XII, Standards for Small Cell Facilities and Wireless Support Structures.
   2. 2.
      Applicability. A wireless telecommunication facility regulated by this Chapter requires an administrative permit
   3. 3.
      Review Standards. The Zoning Administrator will review the application within a reasonable time period after a complete application is filed, taking into account the nature and scope of the request. The applicant must show in sufficient detail that the proposed wireless telecommunication facility complies with all applicable design and structural requirements set out in Division 26-2E, Limited and Conditional Use Standards. The failure to provide adequate information may result in the denial of an administrative permit.
   4. 4.
      Scope of Approval. Upon approval, an applicant may proceed in filing other applicable applications or permits, or may proceed with the placement, construction, or modification of the facility as applicable.

(Ord. No. 7627, 02/07/2023; Ord. No. 7677, 12/05/2023; Ord. No. 7715, 09/17/2024) 

A conditional use is a use that is allowed within a district but which is subject to specific scrutiny and a public hearing process in order to reduce the potential for incompatibility with other uses within or adjacent to the district, and adverse visual and aesthetic or other impacts, such as traffic congestion or noise.

1. Applicability. The provisions of this Section are applicable to all uses that are designated as “conditional” in the tables set out in Sec. 26-2C-3, Residential Permitted Uses, and Sec. 26-2D-4, Commercial & Industrial Permitted Uses. The designation of a conditional use means that it is only allowed in a proposed location if all of the conditions applicable to the use, as set out in Division 26-2E, Limited and Conditional Use Standards, and all of the other applicable requirements of this Chapter or conditions of the Planning Board (PB) are met.
2. Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The PB is authorized to approve, approve with conditions, or deny a conditional use permit application. The decision-making procedure is outlined in Sec. 26-8B-7, Public Hearings.
4. Review Criteria. The PB will base its decision on the following:
   1. The proposed conditional use's compliance with all applicable requirements of this Chapter.
   2. The proposed conditional use's impact on the value of other property in the neighborhood.
   3. The location and size of the proposed conditional use, the nature and intensity of the operation involved in or conducted in connection with such use, and the location of the site with respect to the street network will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, the PB will give consideration to:
      1. The location, nature, and height of buildings, structures, walls, and fences on the site.
      2. On-site and off-site vehicular, bicycle, and pedestrian traffic circulation.
      3. The nature and extent of landscaping and screening on the site.
   4. Adequate utilities, drainage, and other such necessary facilities have been or will be provided.
   5. Provision of bicycle parking and of safe and equitable pedestrian and bicycle access.

   6. Provision of adequate access roads or entrance and exit drives that are designed to prevent traffic hazards and minimize traffic congestion in public streets and alleys. 

   7. The conditional use's aid in preserving and/or increasing the viability of a designated historic structure, site, or district and/or its historic use.

   8. Any other standards for conditional uses specified in this Chapter.
5. Conditions and Restrictions. The PB may impose conditions, safeguards, and restrictions upon the subject property to comply with the review criteria of this Section and to carry out the purposes of this Chapter. Failure to comply with such conditions, safeguards, and restrictions constitutes a violation of this Chapter and enables the Zoning Administrator to pursue the enforcement actions established in Division 26-8F, Enforcement.
6. Scope of Approval. Approval or conditional approval authorizes the applicant to proceed on the basis of the PB decision.
7. Decisions and Records. A final decision of the PB occurs upon the majority vote on the conditional use permit application at a public hearing. The PB will render a written decision without unreasonable delay after the close of the hearing. The Zoning Administrator will maintain complete records of all conditional use permit actions by the PB.
8. Period of Validity. A conditional use permit granted by the PB is valid for a period of 180 days from the date the conditional use was granted. The permit lapses unless within the 180-day period:
   1. A building permit is obtained and the construction, moving, or remodeling of a structure is started; or
   2. A use is commenced or continued pursuant to the conditional use permit.
9. [not used]
10. Extension. Upon request, the PB may grant additional extensions, not exceeding 180 days each. The request will be considered during a regular PB meeting as an agenda item but not as a hearing item. No additional notice will be required.

(Ord. No. 7627, 02/07/2023) 

As stated in Subsec. 26-8E-3E, Expansion of a Registered Nonconforming Use, a registered nonconforming use can be expanded by application for a Conditional Use Permit from the Planning Board (PB), if the requirements of this Section are met.

1. A.
   Applicability. The provisions of this Section are applicable to the expansion of a registered nonconforming use, as described in Sec. 26-8E-3, Nonconforming Uses.
2. B.

   Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration. Separate requests for an exception or variance approval from the Board of Zoning Appeals (BZA) may be sought for elements of the building or lot that do not conform to the applicable requirements of this Chapter. Procedures for these applications and review criteria are found in Article 26-8, Procedures and Administration, and Division 26-9E, Adjustment.

3. C.

   Authority. The PB is authorized to approve, approve with conditions, or deny a conditional use permit application to expand a nonconforming use. The decision-making procedure is outlined in Sec. 26-8B-7, Public Hearings.

4. D.
   Review Criteria. In making its determination, the PB will weigh all facts and circumstances, and place whatever emphasis and relevance it deems to be appropriate on each of the following:

   1. 1.
      That either the current nonconforming use does not have a significant adverse impact on the surrounding neighborhood, and that the proposed expansion will not worsen such impact; or the current nonconforming use does significantly impact the surrounding neighborhood, and the proposed expansion will be likely to reduce or eliminate such impacts.
   2. 2.
      The existing use continues in a substantially similar form, or in a form that is altered only to make it more modern or efficient.
   3. 3.
      Adequate utilities, drainage, and other such necessary facilities have been or will be provided.
   4. 4.
      Safe and equitable pedestrian and bicycle access have been or will be provided, and bicycle parking is provided, where appropriate.
   5. 5.
      Adequate access roads or entrance and exit drives that are designed to prevent traffic hazards and minimize traffic congestion in public streets and alleys have been or will be provided.
   6. 6.
      The conditional use's role in preserving and/or increasing the viability of a designated historic structure, site, or district and/or its historic use.
5. E.
   Conditions and Restrictions. The PB may impose conditions, safeguards, and restrictions upon the subject property to comply with the review criteria of this Section and to carry out the purposes of this Chapter. Failure to comply with such conditions, safeguards, and restrictions constitutes a violation of this Chapter and enables the Zoning Administrator to pursue the enforcement actions established in Article 26-11, Enforcement and Remedies.
6. F.
   Scope of Approval. Approval or conditional approval authorizes the applicant to proceed on the basis of the PB decision. The decision of the PB is final and may only be appealed to district court.
7. G.
   Decisions and Records. A final decision of the PB occurs upon the majority vote on the conditional use permit application at a public hearing. The PB will render a written decision without unreasonable delay after the close of the hearing. The Zoning Administrator will maintain complete records of all conditional use permit actions by the PB. The record of the final decision will be included in the registration of the nonconforming use.
8. H.
   Period of Validity. A conditional use permit to expand a nonconforming use granted by the BZA is valid for a period of 180 days from the date the conditional use was granted. The permit lapses unless within the 180-day period:

   1. 1.
      A building permit is obtained and the construction, moving, or remodeling of a structure is started; or
   2. 2.
      A use is commenced pursuant to the conditional use permit.
9. I.
   [not used]
10. J.
    Extension. Upon request, the PB may grant additional extensions, not exceeding 180 days each. The request will be considered during a regular PB meeting as an agenda item but not as a hearing item. No additional notice will be required.

(Ord. No. 7627, 02/07/2023) 

[Section was moved to Sec. 26-9D-7]

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

[Section was moved to Sec. 26-9D-8]

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

The Board of Zoning Appeals (BZA) may grant exceptions from the provisions of this Chapter on the basis and in the manner provided in this Section, and only in those instances where the BZA is specifically authorized to grant such exceptions. In no event may an exception be granted unless it is specifically listed in this Section.

1. A.
   Applicability. The BZA is authorized to grant exceptions from the following requirements:

   1. 1.
      Any bulk regulation set out in Sec. 26-2C-4, Residential Types and Standards, Sec. 26-2D-3, Commercial and Industrial Districts—Uses and Standards, and Sec. 26-7A-7, Fences and Accessory Structures.
   2. 2.
      Any requirement for surfacing of off-street parking set out in Sec. 26-7B-7, Parking Area Design—General Requirements, provided the BZA also approves a schedule for conformance with the surfacing requirement within a reasonable time period.
   3. 3.
      Any requirement related to the number of off-street parking spaces set out in Sec. 26-7B-3, Off-Street Parking.
   4. 4.
      Any requirement related to landscaping, buffering, and/or screening requirements set out in Div. 26-7C, Landscaping, Screening, and Buffering.
   5. 5.
      Any regulation related to the height or setback of signs set out within the Sec. 26-7D-9, On-Premise District Regulations, or Sec. 26-7D-26, Off-Premise Advertising Signs.
   6. 6.
      The height restrictions prescribed by the Airport Overlay (O-A) District set out in Sec. 26-3B-1, Airport Overlay (O-A) District, provided the Federal Aviation Administration has provided a determination of no adverse impact on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
   7. 7.
      Any of the site design or building design standards in Article 26-4, Design Standards. See also Subsec. 26-9E-3E, Additional Review Criteria, below.
   8. 8.
      Any of the provisions pertaining to lot size requirements, bulk regulations, collocation, and use limitations found in Division 26-2E-11, Wireless Telecommunication Towers & Facilities.
   9. 9.
      In Sec. 26-7B-9, Parking Design for Single-Family and Two-Family Residential Uses, any of the front yard restrictions pertaining to driveways, parking, and landscaping.
   10. 10.
       The structured parking requirements in Paragraph 26-4B-5G-4, Structured Parking.
2. B.
   Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. C.
   Authority. The BZA is authorized to approve, approve with conditions, or deny an exception application.
4. D.
   Review Criteria. The BZA may not grant an exception unless it makes specific, written findings of fact, based upon the particular evidence presented, that all of the following standards have been met:

   1. 1.
      The property complies with all applicable requirements of this Chapter, other than the exception being requested.
   2. 2.
      The exception will not cause a substantial adverse effect on nearby properties.
   3. 3.
      The exception will not adversely affect the public health, safety, or welfare.
   4. 4.
      The strict application of this Chapter is unreasonable or unnecessary when all facts and circumstances are considered. In determining this standard, the BZA will weigh all facts and circumstances, and place whatever emphasis and relevance it deems to be appropriate on each. Examples of such facts and circumstances to be considered include whether or not:

      1. a.
         Conditions of the property requiring the exception were created by the applicant with prior knowledge and disregard of applicable regulations.
      2. b.
         The applicant acquired the property with knowledge of the conditions that prompt the exception, and whether or not the consideration for the acquisition took into account such conditions.
      3. c.
         There are reasonable alternatives that would allow the property to meet the strict application of this Chapter.
      4. d.
         Granting of the exception will result in a relative gain to the health, safety, and general welfare of the community.
      5. e.
         The exception will aid in preserving and/or increasing the viability of a designated historic structure, site, or district and/or its historic use.
5. E.
   Additional Review Criteria. For exceptions sought under Paragraph 26-9E-3A-6, above, the applicant must provide an explanation for why the design standards cannot be met that is satisfactory to the BZA, and must propose an alternative design that meets the purpose of the design standards. Financial hardship is not an acceptable reason for seeking or granting an exception.
6. F.
   Scope of Approval

   1. 1.
      Conditions and Restrictions. In granting an exception, the BZA may impose conditions, safeguards, and restrictions upon the premises benefitted by the exception, in order to carry out the purposes of this Chapter. Failure to comply with such conditions, safeguards, and restrictions will constitute a violation of this Chapter.
   2. 2.
      Decisions and Records. A final decision of the BZA occurs upon the majority vote on the exception application at a public hearing. The BZA will render a written decision on an application without unreasonable delay after the close of the hearing. The Zoning Administrator will maintain complete records of all exception application actions.
   3. 3.
      Approval or conditional approval authorizes the applicant to proceed on the basis of the BZA decision.
7. G.
   Period of Validity. An exception granted by the BZA is valid for a period of 180 days from the date the BZA granted the exception. The approval lapses unless within the 180-day period:

   1. 1.
      A building permit is obtained and the construction, moving, or remodeling of a structure is started; or
   2. 2.
      A use is commenced or continued pursuant to the exception.
8. H.
   Extension. Upon request, the BZA may grant additional extensions, not exceeding 180 days each. The request will be considered during a regular BZA meeting as an agenda item but not as a hearing item. No additional notice will be required.

(Ord. No. 7575, 05/17/2022; Ord. No. 7627, 02/07/2023; Ord. No. 7677, 12/05/2023) 

A variance is a grant of relief from provisions of this Chapter that result in unnecessary hardship. Only when such hardships or difficulties are not provided remedy elsewhere in this Chapter is a variance appropriate.

1. Applicability. The provisions of this Section are applicable in instances where an unnecessary hardship may be caused by the strict interpretation and application of this Chapter, subject to the limitations of Subsection 26-9E-6E, Matters Not Subject to a Variance, below.
2. Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Board of Zoning Appeals (BZA) is authorized to approve, approve with conditions, or deny a variance application.
4. Review Criteria. The BZA may not grant a variance unless it finds, in each case, based upon the particular evidence presented to it, that all of the following criteria have been satisfied:
   1. The variance arises from one or more conditions unique to the property that are not ordinarily found in the same zoning district, and are not created by an action or actions of the property owner or the applicant.
   2. The strict application of this Chapter will constitute unnecessary hardship upon the property owner.
   3. Granting the variance will not adversely affect the rights of adjacent property owners or residents.
   4. The variance desired will not adversely affect the public health, safety, or general welfare.
   5. Granting the variance will not violate the general spirit and intent of this Chapter.
5. Matters Not Subject to a Variance. The BZA does not have the authority to grant a variance for any of the following:
   1. Building or fire codes.
   2. The terms of one or more conditions of approval imposed by an administrative body. Modifications to conditions of approval must be sought from the body that granted the approval.
   3. Variances that would have the effect of making existing illegal nonconforming or illegal construction (buildings and structures), site improvements, parking, signage, lighting, or landscaping conforming. Nonconforming situations are subject to the requirements of Division 26-8E, Nonconformities.
   4. Variances that would allow a prohibited use.
   5. Variances that would allow a prohibited sign.
   6. Variances that would constitute a change in district boundaries.
   7. Variances used to modify any requirements set out in Division 26-2E, Limited and Conditional Use Standards.
   8. State or federal laws or regulations unless such authority is expressly granted to the City.
6. Scope of Approval
   1. Conditions and Restrictions. The BZA may impose conditions, safeguards, and restrictions upon the premises benefited by the variance to comply with the standards of this Section, and to carry out the purposes of this Chapter. Failure to comply constitutes a violation of this Chapter.
   2. Decisions and Records. A final decision of the BZA occurs upon the majority vote on the variance request at a public hearing. The BZA will render a written decision without unreasonable delay after the close of the hearing. The Zoning Administrator will maintain complete records of all variance actions.
   3. Runs with the Land. An approved variance will run with the land, unless otherwise conditioned by the BZA.
   4. The decision of the BZA to approve, conditionally approve, or deny an application for a variance is final. Approval or conditional approval authorizes the applicant to proceed on the basis of the BZA decision.
7. Period of Validity. A variance granted by the BZA is valid for a period of 180 days from the date the variance was granted. The approval lapses unless within the 180-day period:
   1. A building permit is obtained and the construction, moving, or remodeling of a structure is started; or
   2. A use is commenced or continued pursuant to the variance.
8. Extension. Upon request, the BZA may grant additional extensions, not exceeding 180 days each. The request will be considered during a regular BZA meeting as an agenda item but not as a hearing item. No additional notice will be required.

The Board of Zoning Appeals (BZA) may grant variances from the floodplain regulations set out in Article 26-6, Environmental Standards, subject to the requirements of this Section, and following the application and hearing procedures in Division 26-8B, General Procedures.

1. Applicability
   1. Regulatory Floodway. Variances may not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result, which must be determined by a professional engineer, licensed in the State of Kansas, provided at the time of the application to the BZA.
   2. Historic Places. The BZA may authorize issuance of a variance for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Register of Historic Kansas Places, or Manhattan Register of Historic Places without regard to the requirements set out in Article 26-6, Environmental Standards.
   3. New Construction or Substantial Improvement. No variance may be issued in connection with new construction or substantial improvements except upon:
      1. A lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level; or
      2. A lot of any size which, because of physical limitations, legal restrictions enforceable by the City, or these regulations, is incapable of being subdivided, and which is contiguous to and surrounded by lots with existing structures constructed below the base flood level; or
      3. A lot of any size possessing a condition unique to the property in question, not ordinarily found in the same zoning district, and not created by an action or actions of the property owner or applicant.
2. Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Board of Zoning Appeals is authorized to approve, approve with conditions, or deny a floodplain regulation variance application.
4. Review Criteria. Variances may only be issued upon:
   1. A showing of good and sufficient cause.
   2. A determination that failure to grant the variance would result in exceptional hardship to the applicant.
   3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
   4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Scope of Approval
   1. The decision of the BZA to approve, conditionally approve, or deny an application for a variance is final and may only be appealed to the District Court. Approval or conditional approval authorizes the applicant to proceed on the basis of the BZA decision.
   2. Upon approval of a variance, the Floodplain Administrator will notify the applicant in writing that:
      1. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the City.
      2. The issuance of a variance to construct a structure below the base flood level could result in increased premium rates for flood insurance.
      3. Such construction below the base flood level increases risks to life and property.
   3. The Floodplain Administrator will maintain a copy of the written findings of fact, written decisions, and notices issued by the BZA for any variance granted under this Section. The Floodplain Administrator will report such variances issued in its annual or biennial report submitted to Kansas Department of Agriculture, Division of Water Resources.

This Section defines the parameters for modification of a residential master plan development, including the discrimination between major and minor modifications, and the application steps for a modification of each type.

1. A.
   Applicability. An applicant may apply for a minor or major modification to a residential master plan development in the RL, RL-A, RM, or RH districts. If the modification sought exceeds the parameters of both a minor or major modification, then it will be treated as a proposed amendment, pursuant to subsection 26-9D-1G, DP Modifications and Amendments.
2. B.
   Serial Modifications. A series of minor modifications that, cumulatively, exceed a minor modification threshold are prohibited. An application for a modification under this Section will be measured and considered in relationship to a “baseline”, that is, the parameters and/or requirements of the originally approved development plan, without consideration of any intermediate or subsequent major or minor modifications.
3. C.
   Determination of Major and Minor. The thresholds listed in Table 26-9E-6.1 determine if a modification request is a minor or major modification.

This Section defines the parameters for modification of a final development plan for a planned unit development (PUD) , including the discrimination between major and minor modifications, and the application steps for a modification of each type.

1. A.
   Applicability. An applicant may apply for a minor or major modification to a final development plan for a planned unit development (PUD) .
2. B.
   Amendment. If the modification sought exceeds the parameters of both a minor or major modification, then it will be treated as a proposed amendment to the preliminary development plan, which the Planning Board will review and make a recommendation to the City Commission, which will then approve, conditionally approve, or deny based upon the factors for consideration of approval for preliminary development plans set forth in Subsec. 26-9D-2E, Review Factors. The City Commission’s approval or conditional approval must be by ordinance.
3. C.
   Serial Modifications. A series of minor modifications that, cumulatively, exceed a minor modification threshold are prohibited. An application for a modification under this Section will be measured and considered in relationship to a “baseline”, that is, the parameters and/or requirements of the originally approved development plan, without consideration of any intermediate or subsequent major or minor modifications.
4. D.
   Determination of Major and Minor. The thresholds listed in Table 26-9E-7.1 determine if a modification request is a minor or major modification.

5. E.
   Major Modification

   1. 1.
      Procedure. A major modification under this subsection is subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
   2. 2.
      Authority. The Planning Board is authorized to approve, approve with conditions, or deny a major modification application based upon the criteria of paragraph 26-9E-7D-3, Review, below, provided that the Zoning Administrator determines that such proposed modification is contained in the ”major” column of Table 26-9E-7.1.
   3. 3.
      Review. The Planning Board may only approve an application if they find that the proposed modification will:

      1. a.
         Promote the efficient development and preservation of the entire development.
      2. b.
         Result in a relative gain to the public health, safety, convenience, or general welfare.
      3. c.
         Have an insignificant effect on the character or impact of the development.
6. F.
   Minor Modification

   1. 1.
      Procedure. A minor modification under this subsection is subject to the Type-I review process in accordance with Article 26-8, Procedures and Administration.
   2. 2.
      Authority. The Zoning Administrator is authorized to approve, approve with conditions, or deny a minor modification application, provided that at least one year has passed since any previous minor modifications, and such proposed modification would not violate an express condition of the ordinance which approved the original final development plan.
   3. 3.
      Acceptable Minor Modifications. A proposed minor modification to a final development plan will be approved if it is contained in the “minor” column of Table 26-9E-7.1.
7. G.
   Scope of Approval. Upon approval or conditional approval of the modification, the applicant must file a modified final development plan with the City. Then the applicant may proceed in filing an application for the next step in the development review process, or continue development in accordance with the terms and conditions of the modified development plan.

(Ord. No. 7677, 12/05/2023) 

[reserved]

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

This Division establishes the types of appellate recourses available, the authority for each type, scope of appellate authority, and provision of records.

1. A.
   Applicability. Table 26-9F-1.1, Appeal Types and Deadlines, designates the internal appellate recourse for various decisions controlled by this Chapter, unless an exception in Paragraph 26-9F-1B, Specific Matters Not Subject to Internal Appeal, below, applies. Decisions on land use actions without internal appellate recourse may be appealed to the district court.

2. B.
   Specific Matters Not Subject to Internal Appeal

   1. 1.
      Staff's recommendations to boards, committees, or the City Commission.
   2. 2.
      Type-II and Type-III recommendations by the Planning Board, except recommendations on rezoning actions are subject to protest petition under K.S.A. 12-757.
   3. 3.
      Decisions on an administrative appeal (e.g., if an appeal is taken to the BZA regarding a decision of the Zoning Administrator to deny an application, then the decision of the BZA with respect to that appeal is not reviewable by the City Commission on a second administrative appeal).
3. C.
   Authority and Limitations. The appellate body will hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of an administrative body. To that end, the appellate body has the same powers and is subject to the same standards and limitations as the administrative body with respect to any order, decision, or determination being appealed.
4. D.
   Provision of Decision Record. An appeal application must specify the grounds for the appeal. Upon receipt of the application, the administrative body whose interpretation or final action is being appealed will transmit to the Zoning Administrator all of the documents constituting the record that the decision being appealed was based on.

 (Ord. No. 7677, 12/05/2023)

An appeal may be made to the City Manager by the permit applicant after a decision of the Zoning Administrator to deny a sign permit application.

1. Applicability. Refer to Sec. 26-9F-1, General Provisions for Appeals.
2. Procedure. The land use actions in this Section are subject to the Type-I review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The City Manager is authorized to approve, approve with conditions, or deny an appeal application. The decision of the City Manager is final.
4. Review Criteria. The City Manager may approve, conditionally approve, or deny the appeal in accordance with the review criteria of the respective application, provided the permit being appealed:
   1. Meets the purposes of this Chapter.
   2. Complies with all applicable local, state and federal laws.
   3. Complies with all applicable building, electrical, fire, and life safety codes, and is inspected prior to occupancy.
   4. Is, or may be, compatible with surrounding land uses and will not materially detract from the character of the immediate area or negatively affect development of the surrounding area.
   5. Is suitable for the site proposed relative to protecting site resources, preserving open space and views, and mitigating environmental impacts.
5. Scope of Approval. The City Manager will issue a written decision with findings to affirm, overturn, or modify the denial of the Zoning Administrator. The decision of the City Manager is final.

An appeal may be made to the Historic Resources Board (HRB) from the Zoning Administrator's decision to approve, approve with conditions, or deny a certificate of appropriateness for a minor historic review of a project affecting a historic structure, site, or district listed on the Manhattan Register of Historic Places.

1. Applicability. Refer to Sec. 26-9F-1, General Provisions for Appeals.
2. Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The HRB is authorized to approve, approve with conditions, or deny an appeal application.
4. Review Criteria. The HRB may approve, conditionally approve, or deny the appeal in accordance with the review criteria found in Sec. 26-9D-5 of this Chapter.
5. Scope of Approval. The HRB will issue a written decision with findings to affirm, overturn, or modify the denial of the Zoning Administrator. The decision of the HRB is further appealable to the City Commission, per Sec. 26-9F-5, Appeal from a Type-II Decision.

An appeal may be taken to the Board of Zoning Appeals (BZA) by any person aggrieved by any officer or department of the City on certain matters addressed in this Chapter.

1. Applicability. Refer to Sec. 26-9F-1, General Provisions for Appeals.
2. Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The BZA is authorized to approve, approve with conditions, or deny an appeal application.
4. Review Criteria. The criteria used by the appellate bodies in their decision may include such order or determination as, in their opinion, is proper to be made given the facts of the appeal and their findings. Generally, the decision must determine whether or not the appeal is the result of an incorrect interpretation of this Chapter.
5. Scope of Approval
   1. Stay of Proceedings. The filing of an appeal stays all enforcement proceedings in furtherance of the action appealed from unless the Zoning Administrator factually certifies to the City Manager, City Commission, or BZA that a stay would cause imminent peril to life or property.
   2. Action of BZA. The BZA may affirm or reverse, wholly or partly, or may modify the final action from which the applicant has appealed. To that end, the BZA has all the powers of the original administrative official and may attach appropriate conditions and may direct the issuance of a subsequent permit. The BZA will render a written decision on the appeal without unreasonable delay after the close of a public hearing.

An appeal may be taken to the City Commission by any person aggrieved by a decision of the Planning Board or the Historic Resources Board on certain matters addressed in this Chapter.

1. Applicability. Refer to Sec. 26-9F-1, General Provisions for Appeals.
2. Procedure. The land use actions in this Section are subject to the Type-II review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The City Commission is authorized to approve, approve with conditions, or deny an appeal application.
4. Review Criteria. The Commission may approve, conditionally approve, or deny the appeal in accordance with the review criteria of the respective application.
5. Review Criteria for Certificate of Appropriateness. In addition to Subsec. 26-9F-5D, when hearing an appeal concerning a denial of a certificate of appropriateness, the City Commission may approve or conditionally approve the certificate, provided it finds:
   1. There is no feasible and prudent alternative to the proposal.
   2. Damage to historic resources will be minimized.
6. Scope of Approval. The City Commission will issue a written decision with findings to affirm, overturn, or modify the denial or revocation action of the Planning Board or Historic Resources Board. The decision of the City Commission is final.

1. Applicability. The City Commission may amend the text of this Chapter to implement the Comprehensive Plan, to conform to state or federal legal requirements, to address changing or changed conditions, or to otherwise advance the public health, safety, and welfare of the citizens of Manhattan.
2. Procedure. Code amendments are subject to the Type-III review process in accordance with Article 26-8, Procedures and Administration.
3. Authority. The Planning Board or City Commission may initiate by motion the process to amend this Chapter. The Planning Board is authorized to recommend and the City Commission is authorized to approve, modify, or deny a proposed amendment.
4. Review Considerations. The Planning Board will base its recommendation to the Commission on the following:
   1. The public benefit of the amendment.
   2. Consistency with the purposes of this Chapter set out in Sec. 26-1A-3, Purposes.
   3. The areas that are most likely to be directly affected by such change, and in what way the areas may be affected.
   4. The necessity of the proposed amendment because of changed or changing conditions in the districts affected, or in the Manhattan Urban Area.
   5. Consistency of the proposed amendment with the purposes of the policies and goals in the Comprehensive Plan, or, if it is related to a topic that is not mentioned or fully developed in the Plan, the proposed amendment does not impair the implementation of the Plan when compared to the existing Chapter.
5. Scope of Approval
   1. A code amendment does not authorize rezoning or development. Any development that occurs after the Commission adopts the amendment is subject to all applicable requirements of this Chapter, as revised by the amendment.
   2. An ordinance (or summary) adopting a code amendment will be published in an official newspaper in accordance with Kansas law.

The purpose of historic designation is to preserve and protect the historic integrity of existing historic resources and to ensure historic compatibility through review of renovations, rehabilitation, additions, demolitions, redevelopment, or other changes while promoting reasonable use, adaptive reuse, and modification of such resources. The City Commission may by ordinance designate a structure, site, or district as historic on the Manhattan Register of Historic Places (the Register) and apply standards and procedures different from those of this Chapter.  

1. Applicability. Designation, modification, or rescission of a historic structure, site, or district may only be initiated as follows:
   1. Nomination for Designation or Application for Amendment or Rescission. Any person, board, commission, or organization may file a nomination to designate a structure, site, or district in the Register, or an application for amendment or rescission of a designation, provided property owner consent has been provided as required by Paragraph 26-9G-2A-2, Owner Consent.  
   2. Owner Consent. The requirements for owner consent for various actions are as follows.
      1. Nominations or applications filed for an amendment or rescission of an individual site or structure require all owners of record provide written consent to the designation, amendment, or rescission.
      2. Nominations filed for a new historic district require owners of more than 50 percent of the area in the proposed district provide written consent to the designation.
      3. Applications filed to amendment or rescind an existing historic district require owners of more than 50 percent of the area in the existing district (or proposed district in the case of amending a boundary) provide written consent.
   3. Certification of Owner Consent. Within 10 business days of receipt of a nomination for designation, or an application for the modification or rescission of a historic structure, site, or district, the Zoning Administrator will certify that adequate evidence of the owner(s) of record’s consent has been provided.
2. Nomination for Designation. The nomination of a structure, site, or district to the Register must be made on a form prepared and approved by the Historic Resources Board (HRB). The nomination must be supplemented with documentation sufficient for the HRB and City Commission to make a determination about the historic significance of the nominated structure, site, or district, and prescribe appropriate design standards.
3. Application for Amendment or Rescission.  The application for the amendment or rescission of a designated structure, site, or district must be made on a form prepared and approved by the HRB. The application must provide documentation sufficient for the HRB to make a determination as to the appropriateness the amendment or rescission pursuant to this Section. Such application must state the change in circumstances with respect to the existing designation justifying the amendment or rescission. A change in owner consent alone is not a sufficient basis for amendment or rescission of an existing designation.
4. Procedure. The land use actions in this Section are subject to the Type-III review process in accordance with Article 26-8, Procedures and Administration. Notwithstanding Article 26-8, within 60 days of the Zoning Administrator’s receipt of a complete application and certification of owner consent, the HRB will hold a public hearing on a submitted nomination for designation or application for amendment or rescission of an existing designation pursuant to this Section.
5. Review of Nomination for Historic Designation. The HRB is authorized to recommend a historic designation to the City Commission. To recommend designation, the HRB must find the nominated structure, site, or district possesses sufficient integrity of location, design, materials, workmanship, or association to make it worthy of preservation or restoration, and possesses significant historical, archeological, and/or architectural qualities. The HRB must base its finding on one or more of the following factors:
   1. Character, Interest, or Value. The proposed structure, site, or district has character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state, or country.
   2. Prehistoric or Historic Source. The proposed structure, site, or district has yielded or is likely to yield important historical or prehistorical information.
   3. Utilitarian Structure. The proposed structure, site, or district possesses character is a particularly fine or unique example of a utilitarian structure, including farmhouses, gas stations, street, public works facility, or other commercial structures, with a high level of integrity or architectural significance.
   4. Visual Feature. The proposed structure, site, or district has a unique location or singular physical characteristics that make it an established or familiar visual feature.
   5. Significance or Innovation. The proposed structure, site, or district embodies elements of design, detailing, materials, or craftsmanship that render it architecturally significant or innovative.
   6. Design Professional. The proposed structure, site, or district is identifiable as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, county, state, or country.
   7. Architectural Style. The proposed structure, site, or district embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of materials.
   8. Significant Person. The proposed structure, site, or district is identified with a person or persons who significantly contributed to the community, county, state, or country.
   9. Significant Event. The proposed structure, site, or district was the site of a significant local, county, state, or national event.
6. Boundary Justification for Nominated Districts. In addition to the review factors, to recommend designation of a historic district, the HRB must find the proposed boundary of the nominated historic district is appropriate in order to preserve and protect the integrity of historic resources and their surroundings. The HRB must find the following criteria are met:
   1. At least 50% of the number of properties within the proposed boundary contain contributing resources.
   2. The proposed boundary is contiguous and the district extent contains no holes or islands.
   3. The proposed boundary perimeter generally follows streets, alleys, property lines, and/or existing natural features.
   4. Generally, the proposed district boundary is geometrically simple and not manipulated to clearly include or exclude properties for purposes unrelated to this Section.
7. Design Guidelines. In reviewing a nomination to designate a structure, site, or district in the Register, or an application for amendment or rescission of a designation, the HRB may prescribe the following types of design guidelines as criteria for issuing or denying a certificate of appropriateness, as set forth in Sec. 26-9D-4, Historic Review: 
   1. Demolition. Features, structures, etc. that may or may not be demolished and any conditions that must be met prior to approval of the proposed demolition.
   2. Exterior Alterations. Features, structures, etc. that may be altered, including appropriate height and area regulations, setback requirements, and minimum dwelling size or floor area regulations, as well as any conditions that must be met prior to approval of a proposed alteration.
   3. Additions. Placement, size, shape, material, etc. of the types of acceptable additions, including appropriate height and area regulations, setback requirements, or minimum dwelling size or floor area regulations.
   4. New Structures. Placement, size, shape, material, etc. of the types of acceptable new structures, including appropriate height and area regulations, setback requirements, or minimum dwelling size or floor area regulations, as well as any conditions that must be met prior to approval of a proposed new structure.
   5. Site Alterations. Types of acceptable site alterations and any conditions that must be met prior to approval of a proposed site alteration.
   6. Sign Regulations. Type, placement, size, etc. of acceptable signs, as well as any conditions that must be met prior to approval of a proposed sign or alteration of an existing sign.
   7. Parking regulations. Parking regulations, i.e. placement, number, paving material, etc.
   8. Interior Alterations. Types of acceptable interior alterations and any conditions that must be met prior to approval of a proposed interior alteration.
   9. Noncontributing Resources. What guidelines may apply specifically to identified noncontributing resources.
   10. Other. Any other design guideline criteria as may be appropriate to adequately preserve historic resources in the proposed district and any conditions that must be met prior to approval of any work.
8. Recommendation to Designate. At the close of the HRB's public hearing for a nomination, the HRB may make a recommendation to the City Commission to designate the historic structure, site, or district if it meets the applicable criteria in this section. The HRB may make amendments to the nomination as it sees as necessary to recommend designation. A recommendation to designate will be accompanied by the following: 
   1. The HRB’s findings under each of the factors listed in Subsec. 26-9G-2E, Review of Nomination for Historic Designation.
   2. The HRB’s findings under each of the factors listed in Subsec. 26-9G-2F, Boundary Justification for Nominated Districts.
   3. Any design guidelines established by the HRB as set forth in Subsec. 26-9G-2G, Design Guidelines.
   4. Addresses and/or legal descriptions of all nominated property.
   5. A map showing the extent of the structures, sites, or district boundary to be designated. Maps of proposed historic districts must exhibit which properties are determined by the HRB to be contributing resources and non-contributing resources.
9. [not used]
10. Rejection. At the close of the HRB's public hearing, the HRB may reject the nomination of the historic structure, site, or district if it fails to meet the requirements of this Section. The HRB must give reasons for the rejection, citing specific requirements not met. Rejection of a nomination by the HRB is a final decision and the application cannot be considered by the City Commission. An application for a nomination substantially similar to that rejected by the HRB which does not address the reasons for rejection cited by the HRB will not be accepted by the Zoning Administrator within 18 months of the HRB’s rejection.
11. Review of an Application to Amend or Rescind. To recommend amendment or rescission of a historic structure, site, or district, the HRB must find that the proposed amendment or rescission is appropriate because one of the following applies: 
    1. The relevant review factors found in Subsec. 26-9G-2E, Review of Nomination for Historic Designation, weigh in favor of the amendment or rescission, and in the case of a district, the amendment or rescission would either:

       1. Create a boundary that meets the criteria of Subsec. 26-9G-2F, Boundary Justification for Districts; or  

       2. Eliminate a district with a boundary that does not meet the criteria of Subsec. 26-9G-2F, Boundary Justification for Districts. 

    2. Substantial damage incurred by flood, fire, wind, storm, earthquake, or any other calamity, other than by a willful act of the property owner, makes such modification or rescission appropriate. 
    3. The historic integrity or significance of the designated structure, site, or district has changed by any means other than a willful act or inaction of the property owner, and the application proposes an amendment or rescission reacting to such change in a manner consistent with this Section. 
12. Commission Nomination Consideration. Within 60 days of an HRB recommendation to designate a historic structure, site, or district, the City Commission will consider the recommendation.
    1. Acceptance. If the City Commission accepts the recommendation it will designate the historic structure, site, or district, by ordinance. The ordinance must include the legal description of all designated property, a map showing the extent of the structures, sites, or district boundary to be designated, and where applicable, design guidelines and/or a list of which properties within a designated historic district are considered contributing resources and non-contributing resources.
    2. Rejection. If the City Commission rejects the recommendation for designation, then it must give reasons for its rejection, citing the specific requirements of this Section which the nomination did not meet. The rejection of a nomination for historic designation by the City Commission will be a final decision. An application for a nomination substantially similar to that rejected by the City Commission which does not address the reasons for rejection cited by the City Commission will not be accepted by the Zoning Administrator within 18 months of the City Commission’s rejection.
13. Commission Amendment or Rescission Consideration. Within 60 days of an HRB recommendation to amend or rescind a historic structure, site, or district, the City Commission will consider the recommendation. 
    1. Acceptance. If the City Commission accepts the recommendation it will adopt an ordinance to respectively amend or rescind the previous ordinance designating the historic structure, site, or district. The ordinance must include the legal description of all affected property and a map showing the extent of the structures, sites, or district boundary to be affected.
    2. Rejection. If the City Commission rejects the recommendation, then it must give reasons for its rejection, citing the specific requirements of this Section which the nomination did not meet. The rejection of an amendment or rescission of a historic designation by the City Commission will be a final decision. An application for a substantially similar request to that rejected by the City Commission which does not address the reasons for rejection cited by the City Commission will not be accepted by the Zoning Administrator within 18 months of the City Commission’s rejection.
14. Recording of Ordinance. Any ordinance designating, amending, or rescinding a historic structure, site, or district will be provided by regular mail to the owner(s) of record of the structure or site, or to the owners of record of all property within a historic district or district dissolved by a rescission. The failure of the City Clerk to provide a copy of the ordinance to the owners of record does not nullify the effect of the ordinance. After a designation ordinance or ordinance amending or rescinding a designation takes effect, the City Clerk will file a notice with the Register of Deeds of the county the structure, site, or district is located in, setting forth the description of the real estate the same is located on, that the property has been designated historic or that its designation has been amended or rescinded, and the nature and extent of the designation, amendment, or rescission.
15. Interim Control. The city will not issue a building permit for the alteration, construction, demolition, or removal of a nominated historic structure, site, or any property within a nominated historic district from the date the applicant files a complete nomination until the City Commission takes final action, unless the City Commission authorizes such alteration, construction, demolition or removal by resolution. Likewise, the city will not issue a building permit for the alteration, construction, demolition, or removal of structures, sites, or any property which is proposed to be included in an expansion of an existing historic district as part of an application for an amendment to said district from the date the applicant files a complete application for amendment until the City Commission takes final action, unless the City Commission authorizes such alteration, construction, demolition or removal by resolution.

Refer to Section 26-9B-3, Comprehensive Plan Amendment.

Refer to Section 26-9B-2, Rezoning.