The purpose of this title is to:

   A.   Promote the general health, safety and welfare of the public.

   B.   Protect agricultural activities.

   C.   Prevent congestion in the streets and provide for adequate parking space.

   D.   Promote safety from fire and other dangers.

   E.   Provide for adequate light and pure air.

   F.   Prevent overcrowding and blight conditions.

   G.   Facilitate the adequate provision of public services such as water, sewerage, schools and parks.

   H.   Provide for appeals to the board of adjustment.

   I.   Protect property values.

   J.   Promote livability and environmental quality of the town. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

   A.   Violation; Failure To Comply: Violation of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or any of the requirements for conditions imposed by the planning board, board of adjustment and/or town council shall constitute a municipal infraction.

   B.   Penalty: Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be punished as set forth in section 1-4-2 of this code.

   C.   Continuing Violation: Each day such violation continues may be considered a separate offense and punishable as such.

   D.   Separate Offense: The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

   E.   Additional Remedies: Nothing herein contained shall prevent the town council from taking such other lawful action as is necessary to prevent or remedy any violation.

   A.   For the purpose of this title, certain terms and words are defined as follows: words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural, and words used in the plural shall also include the singular; the word “building” includes structure and “structure” includes building; the words “used” or “occupied” shall include within their meaning “intended, arranged, or designed to be used or occupied.” The word “person” shall include corporation, partnership, or other legal entity. Where other definitions are necessary and are not defined in this chapter, the town council may define such terms. The current version of the American Planning Association Planners Dictionary may be used. When no definition is available the council or designee may issue a formal definition.

ACCESSORY USE OR BUILDING: The use of land or a subordinate building or a portion of a main building such use being secondary to or incidental to the principal use or structure.

APARTMENTS: A building or portions thereof designed with more than four (4) individual dwelling units.

ARCHITECTURAL FEATURE: A part, portion, or projection that contributes to the beauty or elegance of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure or to make said building or structure habitable.

AUTOMOBILE WRECKING: The dismantling or wrecking of used motor vehicle or trailers or the storage, sale or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles or other parts.

BOARDING, LODGING OR ROOMING HOUSE: A building, or portion thereof, other than a hotel, rest home, or home for the aged where lodging and/or meals exclusive of the operator's immediate family are provided for compensation.

BUILDING: Any structure built for support, shelter, or enclosure of persons, animals, or property of any kind.

BUILDING HEIGHT: The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of any element of the building not defined as an architectural feature.

BUILDING OFFICIAL: That official designated by the mayor as the official responsible for accepting, reviewing, and approving or rejecting plans for buildings or occupancy, and applications for building and occupancy permits, and for interpretations and enforcement of ordinances related thereto.

BUILDING PERIMETER: The foundation walls of a building and/or supports for appendages thereto.

CHURCH: A building designed for public worship by any religious body.

CLINIC: A place used for the care, diagnosis, and treatment of sick, ailing, infirmed, or injured persons and those who need medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.

CLUBS, FRATERNAL LODGES: Buildings and facilities owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

COMMUNICATIONS TOWER: Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above ground. This includes any tower used to communicate public safety or emergency service information.

CONDITIONAL USE: See "use, conditional."

CONDOMINIUM: A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of state and local laws.

DENSITY: The total number of dwelling units allowed per gross acre.

DWELLING: A building or portion thereof designed with one (1) or more dwelling units.

DWELLING, DUPLEX: A single building with a total of two (2) dwelling units.

DWELLING, MULTI-UNIT: A building designed with five (5) or more dwelling units.

DWELLING, ONE--UNIT: A building designed a singular dwelling unit within the building.

DWELLING UNIT: A building or portion thereof providing cooking, eating, sleeping, sanitary, and living facilities.

FINISHED GOOD: Materials or products which have received the final increments of value through manufacturing or processing operations, and which are being held in inventory for delivery, sale, or use.

FLOOR AREA: The total number of square feet of floor space within the exterior walls of a building.

FOUR-PLEX: A building containing four (4) individual dwellings. Accessory dwelling units are not included in this definition.

GARAGE, AUTOMOTIVE REPAIR Any building or premises used for major repairs of motor vehicles for compensation but not including auto wrecking, storage of wrecked cars, nor structures used for private vehicle repairs. Repair activity shall be conducted in enclosed places or screened from public view.

GASOLINE SERVICE STATIONS: Any building or portion thereof and the land upon which it is situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs. Reference Chapter 1A for the definition of minor vehicle repairs.

GROWTH POLICY: A document or any portion thereof adopted by the town council which shall guide the town in terms of project review and growth within the town limits.

HOME OCCUPATION: The use of a portion of a dwelling as an office, studio, or work room for occupations at home by one or more persons residing in the dwelling unit. No home occupation shall occupy more than twenty percent (20%) of the gross floor area nor more than four hundred square feet (400 sq. ft.) of gross floor area. The activity must be clearly incidental to the use of the dwelling for dwelling purposes and shall not change the character or appearance thereof.

HOSPITAL: An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including out-patient departments, training facilities, central service facilities and staff offices.

HOTEL: A building or structure kept, used, maintained as, advertised as, or held out to the public to be a hotel, motel, inn, motor court, tourist court, public lodginghouse, or similar name. A place where sleeping accommodations are furnished for a fee to transient guests, with or without meals.

INDEPENDENT RECREATIONAL VEHICLE: A recreational vehicle that has a toilet, lavatory, bathing facilities, and waste holding tank. Omission of any of these facilities will classify the recreational vehicle as a dependent recreational vehicle.

INDEPENDENT RECREATIONAL VEHICLE SITE: That part of an individual lot which has been reserved for the placement of an independent recreational vehicle and appurtenant structures.

INDUSTRIAL USE: The refinement of raw products used in the creation of future goods. This excludes any process that provides a consumer ready product.

JUNK YARD: Primary or accessory use of a parcel of land for the storage, dismantling or selling of cast-off or salvage material of any sort in any other than the original form in which it was manufactured and/or assembled, thus, not including reconditioned second-hand furniture, fixtures, or antiques sold from within a walled building.

LANDSCAPING: The placement of ornamental fixtures such as fountains, ornamental walls, fences, benches, along with vegetative plantings of trees, shrubs, grass, flowers, etc. This definition shall also include the designing of the placement of such materials.

LIMITED SERVICES CAMPGROUND: A campground used for public camping that is accessible by a motorized vehicle and provides the following services only: electricity, an adequate and potable water supply, adequate sewage disposal, and adequate solid waste disposal.

LIVE WORK UNITS: Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

LOADING BERTH, OFF-STREET: An off-street space or berth on the same lot with a principal building for the parking of commercial vehicles while loading or unloading materials and which has direct access from a public street or alley.

LOT: Land held as an individual unit of ownership shown on the most recent plat or other record of ownership.

LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more streets.

LOT COVERAGE: The total area of a lot covered by any structure or building on the lot.

LOT LINES: The lines bounding a lot as defined in this chapter.

LOT LINE, FRONT: The lot line that abuts a public or private road which lends its name to the address of any structure or use on a property.

LOT LINE, REAR: The lot line that is opposite and most distant from the front lot line as defined.

LOT LINE, SIDE: The lot line that does not meet the definition of front or rear lot line.

LOT WIDTH: The width of a lot along the frontage thereof and lying a distance equal to the required front yard setback on such lot.

MANUFACTURING, HEAVY: The activities or processes that would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

MANUFACTURING, LIGHT: The creation, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing.

MOBILE HOME: A transportable structure built on a chassis and designated to be used, without a permanent foundation, as a dwelling unit when connected to sanitary facilities (the phrase "without permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner).

MOBILE HOME PARK: A parcel of land that has been planned and improved for the placement of mobile homes for residential use. Mobile home parks shall undergo the subdivision exemption process dictated by MCA.

MOBILE HOME STAND: That part of an individual lot which has been reserved for the placement of a mobile home, appurtenant structures, or additions.

MOTEL: See "hotel."

NURSING HOME: A building or portion thereof used for the housing of and caring for the ambulatory, aged, or infirmed by a professional staff.

PARKING LOTS: A structure or an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles and available for public use whether free, for compensation, or an accommodation for customers or clients.

PARKING SPACE, OFF-STREET: A space located off any public right-of-way which is at least nine feet (9') by twenty feet (20') in size for parking of any motor vehicles, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.

PLANNED UNIT DEVELOPMENT: An area of land in single ownership or control to be developed as a single integrated unit, the plan for which may not correspond in lot size, bulk or type of building, density, lot coverage, use, and required open space of the regulations established in the district.

PREFABRICATED HOME: A partially constructed factory fabricated building unit which will be substantially assembled onsite, utilizing pre-manufactured component parts. This term intended is to include modular housing. This term shall not be construed to include "mobile homes".

PROFESSIONAL BUSINESS OFFICES: Offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents, or other professions which are of a similar nature.

RECREATION AREA: An area including open spaces and playgrounds and buildings and apparatus designed for recreational activities set aside for the use of the mobile home park residents.

RESTAURANT, CAFÉ, AND DRIVE-IN RESTAURANT: A public eating house.

RETAIL SALES: An establishment selling goods, wares, or merchandise directly to the ultimate consumer.

ROOMING HOUSE: See "boarding house."

ROOMING UNIT: See "unit, rooming."

SALVAGE YARD: A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment.

SCREENED: Concealed or cut off from direct visual contact using fencing or vegetation.

SEMIDETACHED ACCESSORY STRUCTURE: An accessory structure that shares a wall with the primary building but does not share any foundational nor structural elements.

SETBACK: The horizontal distance required between any structure and a lot line. This distance to be measured at right angles (perpendicular) to the lot line.

SHOPPING CENTER: One (1) or more buildings containing at least three (3) separate retail businesses planned, developed, and managed as a unit, with off-street parking provided on the property for all properties.

SHORT-TERM RENTAL: A transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than thirty (30) days.

SIGN: A sign as defined by the current edition of the Uniform Sign Code of the International Conference of Building Officials.

SPLASH PAD, PUBLIC: An artificially constructed public recreation area for water play over which water is sprayed but is not allowed to pool.

STREET: A public thoroughfare, including road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords the principal means of access to abutting property.

STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

STRUCTURAL ALTERATION: Any change in the shape or size of any portion of a building or of the supporting members of the building or structure such as walls, columns, beams, arches, girders, floor joist, or roof joist.

SWIMMING POOL, PRIVATE: A recreation facility designed and intended for water contact activities that serves a single unit dwelling(s), duplex dwellings, or multi-unit dwellings, or combinations thereof, including pools owned or controlled by a neighborhood club or similar organization.

SWIMMING POOL, PUBLIC: A recreation facility designed and intended for water contact activities that is operated as a business or as a club unless such club is associated with a neighborhood club or similar organization.

TOWER: A structure consisting of a single pole of any kind or poles connected by cross arms or cross members, either welded or bolted or fastened together in any way, used for signaling, broadcasting or communications equipment or for any other purpose.

TOWER, INFRASTRUCTURE: Any tower where the purpose is to provide infrastructure to residents of the town of Manhattan. This includes water, electricity, wireless connections, and any other tower that meets the purpose of providing services to residents.

TOWNHOUSES: As used in this Chapter "townhouse" is a one-unit (1) dwelling unit which is part of a group of two or more such units separated by a common party wall, having no doors, windows, or other provisions for human passage or visibility. Each one-dwelling unit shall be attached by not more than two party walls. Where units are offset from one another and a common party wall is used, the wall may be placed equidistant on each side of the lot line not exceeding the length of the offset.

TOWNHOUSE GROUP: A cluster or grouping of townhouse units containing not less than two (2) nor more than six (6) individual townhouse dwelling units contiguous to one another.

TRAVEL TRAILER: A vehicular portable enclosure designed as a temporary dwelling for travel, recreation, and vacation uses which is not more than eight feet (8') in body width nor thirty-two feet (32') in body length.

TRAVEL TRAILER PARK: Any area or tract of land rented or held out for rent to one or more persons or users for parking or placement of temporary, not to exceed fourteen (14) consecutive days, recreational or vacation housing.

TRIPLEX: A building containing three (3) individual dwellings. Accessory dwelling units are not included in this definition.

UNIT, EFFICIENCY: An apartment unit with unseparated area for sleeping and/or cooking.

UNIT, ROOMING: A space for human occupancy lacking private bath and/or kitchen facilities with a floor area of at least four hundred fifty square feet (450 sq. ft.).

USE: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

USE, CONDITIONAL: Uses, other than permitted uses, that may be allowed in a specific district but requiring additional safeguards to maintain and assure the health, safety, and general welfare of the community and to maintain the character of the district.

VARIANCE: The relaxation of the strict application of the terms of this title with respect to mechanical requirements such as setback requirements, yard requirements, area requirements, etc., where specific physical conditions unique to the site of the lot would create a hardship by making its development for uses difficult or impossible.

VEHICLE REPAIRS, MAJOR: The repair or replacement of frames and bodies, including painting, of vehicles of all weights and sizes, and the repair or replacement of engines, transmissions, power trains and wheels of vehicles. This includes such things as oil changes, battery replacement, transmission flushing, or any other repair or maintenance typical of general vehicular upkeep.

VEHICLE REPAIRS, MINOR: The replacement of parts and motor services to passenger cars and trucks not exceeding one and one-half ton (1 1/2) capacity, but not including repairs specified under major vehicle repairs.

WALK UP BUSINESS: An establishment which sells at retail certain food readily prepared for immediate consumption without facilities and services customarily incidental to a restaurant operation, including but not limited to waiter service. "Walk-up business" also means exterior automatic tellers or exterior walk-up teller (banking) windows and the like.

WATER PARK, PUBLIC: A recreational park or facility in which the primary functions are entertainment and activities using water.

WHOLESALE ESTABLISHMENT: An establishment for the sale of goods and merchandise for resale instead of direct consumption.

YARD, FRONT: An open space extending across the full width of the lot between the front building line and lot line abutting the street. The front lot line is defined as the lot line from which any structures take their addressed street from.

YARD, REAR: An open space extending across the full width of the lot between the rear building line and the lot line opposite and most distant from the front lot as defined.

YARD, SIDE: An open space extending from the side building line to a side lot line as defined.

ZERO LOT LINE: The elimination of a side setback to allow a structure to cross property lines. A zero-lot line may only be used for single-unit dwellings, but only to create a zero-lot line on one side of any two (2) lots. (Ord. 25-001, 6-12-2025)