Manhattan City Zoning Code

CHAPTER 10

PLANNED UNIT DEVELOPMENTS

10-10-1: PURPOSE:

The intent of the planned unit development (PUD) Chapter is to encourage better land use development in all districts by relaxing the strict mechanical regulations of this title and providing a method and standards whereby structures and uses can be designed and developed as a unit instead of the traditional lot-by-lot method; yet carrying out the intended purpose of this title. A PUD shall be in general harmony with adjacent uses and shall not create negative documentable impacts to adjacent parcels. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-10-2: ADMINISTRATION AND REVIEW PROCESS:

A. A PUD shall not be placed in the Central Business District nor the Parks and Open Space District.

B. A PUD application shall follow the review process outlined below.

C. All applications for a planned unit development shall be filed in the town office accompanied with the appropriate fee prescribed on the adopted Town of Manhattan Fee Schedule.

D. The town council shall then cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.

E. The planning board shall, after legal notice of not less than fifteen (15) days, hold a public hearing to review the application. At the hearing the planning board shall make a recommendation to the town council and add any relevant conditions to mitigate impacts to the criteria found in 10-10-5 .

F. The town council shall, after legal notice of not less than fifteen (15) days, hold a public hearing on the application and take testimony from interested parties. The town council shall then either approve or deny the application. If the application is denied, reasons for denial should be given. (Ord. 25-001, 6-12-2025)

10-10-3: DEFINITIONS:

For this Chapter, definitions in Chapter 1A of this title shall apply except for the following terms:

COMMON OPEN SPACE: A parcel or parcels of land, or an area of water, or a combination of land and water within a planned unit development designated and intended for the use or enjoyment of residents of the development. Common open spaces may contain complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of occupants of the development.

HOMES ASSOCIATION: An incorporated, nonprofit organization operating under recorded land agreements through which:

A. Each lot owner in the planned unit development is automatically a member;

B. Each lot is automatically subject to a charge for a proportionate share of the expenses for the organizations' activities; and

C. Common open space and facilities are maintained.

PLAN: The provisions for the development of a planned unit development including, but not limited to, the following:

A. Any proposed land subdivision;

B. Proposed location and use of a lot or structure;

C. Design of all structures;

D. Density of development;

E. Development and location of streets and utilities; and

F. Legal documents pertaining to the development.

SITE: The entire area within the perimeter boundary of a proposed planned unit development. (Ord. 25-001, 6-12-2025)

10-10-4: PROJECT DESIGN:

A. The applicant may submit any combination of proposed uses to the Town Council for a PUD. The combination of uses and their impacts to adjacent owners within and adjacent to the subject site shall be a primary review criterion.

B. This includes uses that are not currently defined in the Town Code.

C. The applicant shall propose their own standards regarding the following items for review by the Council:

1. Density;

2. Lot Size;

3. Use;

4. Height restrictions;

5. Encroachments;

6. Alleys; and

7. Road design. (Ord. 25-001, 6-12-2025)

10-10-5: APPLICATION REQUIREMENTS:

A planned unit development application shall include a plan of development with the following information:

A. A sketch of the proposed site showing existing physical features, i.e., topography, trees, streams, structures, streets, utility lines, etc.;

B. General information and plans of utility systems and any design plans or reports as required to ensure that the proposal complies with Town standards;

C. Legal description and plat of proposed site;

D. Notation of acreage within the proposed site, numbers of lots, typical lot size, proposed uses of lots, sites for parks and recreation or other public and quasi-public uses;

E. Existing zoning of the proposed site and surrounding area;

F. Names, location, and tentative finished grades of all proposed streets;

G. Location and design of all proposed structures (should include distances from streets and property lines and between structures);

H. Location and number of proposed parking spaces;

I. Proposed design standards and proposed zoning requirements of the PUD; and

J. Copies of all covenants and legal instruments pertaining to operation of the planned unit development.

K. Impacts and mitigation strategies to the following items:

1. Stormwater drainage;

2. Snow storage;

3. Traffic impacts;

4. Community services to include:

a. Water;

b. Wastewater;

c. Traffic;

d. Police;

e. Fire;

f. Emergency services; and

g. Other services as identified by Town Staff, the Planning Board, or Town Council. (Ord. 25-001, 6-12-2025)

10-10-6: LEGAL REQUIREMENTS:

A. In a planned unit development containing areas or facilities of common or restricted ownership, the subdivision plat, dedication, covenants, and other recorded legal agreements shall:

1. Legally create automatic membership in a nonprofit property owner's association or similar instrument;

2. Place title to any common property or facility in the property owner's association;

3. Appropriately and permanently limit the uses of common property and open space;

4. Give each lot or unit owner the right to use and enjoyment of any common property or facility;

5. Place responsibility for operation and maintenance of the common property in the property owner's association; and

6. Place an association charge on each lot or unit in a manner which will:

a. Ensure sufficient funds for maintenance and operation, such charge to be a lien on the property; and

b. Provide adequate safeguards for owners against undesirably high charges.

B. Where any of the above are not applicable or suitable, the applicant may suggest alternative solutions approved by the Town Council. (Ord. 25-001, 6-12-2025)

10-10-7: STANDARDS OF DEVELOPMENT:

All planned unit developments shall meet or exceed the following standards of development:

A. Site: Planned unit development sites shall not be exposed to adverse elements, i.e., smoke, dust, noise, etc., which might create damage to property or bring harm to occupants.

B. Site Size: Site size for planned unit developments shall be appropriate to the proposed area and design but shall not be less than two acres (except CBD district—fifteen thousand (15,000) square feet minimum).

C. Off-Street Parking: Off-street parking shall be provided in convenient locations and in accordance with Chapter 13 of this title.

D. Off-Street Loading: Off-street loading shall be provided in accordance with Chapter 13 of this title.

E. Open Space: Not less than eleven percent (11%) of the planned unit development site shall be designated and maintained as common open space for the use of the occupants of the development.

F. Utilities: Utilities shall be provided in a manner to meet town specifications.

G. Landscaping: Landscaping may be required to provide a buffer between proposed uses or between different adjacent district classifications. (Ord. 25-001, 6-12-2025)

10-10-8: CONDITIONAL APPROVAL:

The town council may make the granting of a planned unit development subject to reasonable limitations or conditions as it may deem necessary to protect the public health, safety, and welfare and to reduce any impacts to nearby property or residences. (Ord. 25-001, 6-12-2025)

10-10-9: APPROVAL:

A. When the town council gives approval of a planned unit development, permits shall be issued only in accordance with the approved plan and stipulated conditions.

B. When the town council approves the planned unit development it shall be noted on the official Town of Manhattan zoning map and any future development shall adhere to the approved PUD design standards. (Ord. 25-001, 6-12-2025)

10-10-10: REVIEW CRITERIA:

All proposed planned unit developments shall be reviewed against the criteria listed in this Chapter. The applicant shall clearly demonstrate how the planned unit development specifically addresses each applicable criterion. In evaluating a planned unit development proposal, the Planning Board or Town Council may determine that certain criteria are not applicable to a particular proposal and therefore do not apply to that proposal, and establish other reasonable review criteria and design standards, guidelines, and policies for the purpose of implementing and interpreting the provisions of this Chapter.

A. Assure Accordance With Town Plans And Policies: The proposed development must be in accordance with the Town’s Master Plan and other adopted plans and policies of the Town, including the purpose and application of planned unit developments as set forth in Sections 10-10-1 and 10-10-2 of this Chapter.

B. Mitigate Effects On Site And Surrounding Properties: The proposed development should include adequate measures to mitigate adverse environmental effects, including noise and glare, on the site and on surrounding properties. If the project includes dwelling units or is adjacent to a residential zoning district, architectural and landscape design features should be incorporated to mitigate the impacts of conflicting land uses.

C. Mitigate Effects On Existing And Anticipated Traffic And Parking: The proposed development should include adequate measures to integrate the project into the traffic circulation plan of the Town and to mitigate the adverse effects of generated traffic and parking on surrounding properties. Where feasible, it should incorporate and support nonautomobile transportation modes, such as pedestrian and bicycle paths.

D. Conform To Engineering Standards: The proposed development should comply with all Town engineering standards and specifications, including those for water supply, sanitary sewers, utilities and streets, and pedestrian and vehicular ingress and egress, including accessibility for persons with disabilities.

E. Provide Appropriate Landscaping And Open Space: The proposed site design should preserve agricultural land where possible, and should create usable open space for recreational, relaxation or other appropriate uses by residents and employees, and by the public where appropriate. Existing natural vegetation in unbuilt areas should be preserved or suitably replaced if disturbed, in harmony with the existing character of the Town.

F. Preserve Historic Resources: If the site includes any designated or potentially significant historic buildings, structures, sites, or objects, measures should be taken to preserve them and incorporate them into the development, where such measures will not cause undue hardship.

G. Respect Historical Identity: The proposed development should be harmonious with and integrated into the historical identity of the Town, as in building orientation, street and alley grid, sidewalk patterns and other features of the Town’s public spaces. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-10-11: RESPONSIBILITY FOR IMPACT MITIGATION:

A. Simultaneous Development: When two (2) adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the more intense use.

B. First To Develop: When a use is the first to develop on two (2) adjacent vacant parcels, the first use shall provide the necessary buffer to any reasonable future use as determined by the Town Council.

C. Existing Development: When a development is proposed adjacent to an existing developed parcel, the responsibility for mitigating conflicts with and adverse impacts on the developed parcel is upon the proposed use.

D. If the property line of the project property is within fifty feet (50') of an agricultural water use facility:

1. The location and description of all existing agricultural water user facilities on or adjacent to the tract;

2. Documentation of existing easements, including those for agricultural water user facilities;

3. Potential impacts to agricultural water user facilities:

a. Impacts on surface water;

b. Impacts to groundwater; and

c. Disturbing the agricultural water user facility;

4. Identify any mitigation plans to create no impacts to water use facilities:

a. If requiring any mitigation the applicant shall provide a letter signed by the ditch company that they approve of the proposed mitigation strategies; and

b. A letter by the developer stating that they are completely liable for any and all costs associated with agricultural water user facility mitigation;

5. A letter granting permission to the developer to begin work from the ditch company. (Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)

10-10-12: APPEAL PROCESS:

Any person or persons, jointly or severally aggrieved by any decision of the Town Council, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision of the office of the Council. (Ord. 25-001, 6-12-2025)