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Manhattan City Zoning Code

CHAPTER 11

CONDITIONAL USE PERMITS

10-11-1: INTENT:

   The intent of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. No structure or land may be used for any purpose in any district where such use is not a permitted use, unless such use is listed as a conditional use of this chapter and approval for that use is obtained through the proper procedure as outlined in this chapter. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-11-2: APPROVAL CRITERIA:

Any applicant wishing to submit a conditional use permit application must meet with the zoning administrator prior to submission of the conditional use permit application.
   A.   Meeting Required: Prior to submittal of a conditional use permit application, the applicant shall request a preapplication meeting with the zoning administrator. The meeting shall occur within thirty (30) days after the applicant submits a written request for the meeting to the zoning administrator.
   B.   Purpose: The purpose of this meeting is to discuss this title and standards, and to familiarize the applicant with the applicable goals and objectives of the Manhattan City-County growth policy and zoning regulations and to discuss the proposed project as it relates to these matters.
   C.   Sketch Plan: At the time of the preapplication meeting request, the applicant shall provide to the zoning administrator a sketch of the proposed project showing the layout of the proposed features in relation to existing site conditions.
      1.   Submit a completed Professional Contact Form with Pre-Application Materials.
      2.   The sketch shall be a scaled map of the area proposed for the project at a scale that is adequate to show the property and must include the following:
         a.   Information on the status of the site, including:
            (1)   Location;
            (2)   Approximate tract and lot boundaries of existing tracts of record;
            (3)   Description of general terrain;
            (4)   Natural features on the land, including water bodies, floodplains, geologic hazards, and soil types;
            (5)   Existing structures and improvements;
            (6)   Existing utility lines and facilities serving the area to be subdivided;
            (7)   Existing easements and rights of way;
            (8)   Existing conservation easements;
         b.   Documentation on the status of the site, including:
            (1)   Existing covenants or deed restrictions.
            (2)   Ownership information, such as a deed, option to buy or buy-sell agreement, including permission to subdivide;
            (3)   Water rights, including location of agricultural water facilities;
            (4)   Any special improvement districts; and
            (5)   Rights of first refusal for the property.
   D.   Additional Meeting Topics: At the preapplication meeting:
      1.   The zoning administrator shall identify, for informational purposes, the state laws, local regulations, and growth policy provisions that may apply to the conditional use permit review process including, but not limited to, zoning regulations, floodplain regulations, building codes, and fire codes;
      2.   The zoning administrator shall identify additional information the zoning administrator anticipates will be required for review of the conditional use permit application. This does not limit the ability of the zoning administrator to request additional information later.
   E.   Time Limit: Unless the applicant submits a conditional use permit application within one hundred eighty (180) days of this preapplication meeting, the applicant must request a new preapplication meeting prior to submitting the conditional use permit application, unless the zoning administrator provides communication extending the one hundred eighty (180) day timeline.
   F.   The zoning administrator shall only approve an extension if there are no material changes. Material changes are considered the following, although not an exhaustive list:
      1.   Configuration or placement of the project;
      2.   Increase in the density or uses;
      3.   Water and/or septic proposals;
      4.   Changes to parking spaces including location and number of spaces;
      5.   Designated access. (Ord. 25-001, 6-12-2025)

10-11-3: APPROVAL CRITERIA:

The town council may approve the conditional use permits after considering facts presented on the application and it is concluded that:
   A.   The proposed use meets all submittal requirements as contained in this chapter.
   B.   The proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
   C.   The proposed use will comply with the regulations and standards specified in this title for such use.
   D.   The granting of the conditional use permit will be in general compliance with the Manhattan City-County Growth Policy and the requirements set forth in this title.
   E.   The proposed use conforms to the standards of this title including, but not limited to, density, lot coverage, yards and height limitations as set forth in this title, unless otherwise provided for in this code.
   F.   The proposed use has been duly noticed, a public hearing has been held in accordance with section 10-11-5 of this chapter, and the public has been given sufficient opportunity to be heard.
   G.   The proposal shall conform to the adopted Town of Manhattan Sewer Policy. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-11-4: PERMIT REQUIREMENTS:

The following items are required for all conditional use permits in the Town of Manhattan. These items can be addressed through narrative and a scaled site plan attached to the town conditional use permit.
   A.   Narrative generally explaining the project.
   B.   A parking plan in compliance with chapter 13.
   C.   The town council may request a survey if there are concerns regarding property lines
   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.
   E.   Impacts and mitigation strategies to the following items:
      1.   Stormwater drainage;
      2.   Traffic impacts;
      3.   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. 25-011, 6-12-2025)

10-11-5: CONDITIONAL USE PERMIT PROCEDURE:

   A.   All applications for conditional use permits shall be filed in the town office accompanied with the appropriate fee prescribed on the adopted Town of Manhattan Fee Schedule.
   B.   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.
   C.   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 10-11-3
   D.   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. 25-011, 6-12-2025)

10-11-6: CONDITIONAL USE REVIEW AND DESIGN CRITERIA:

The following criteria apply to all districts. These criteria are specific to the uses outline below and are created to ensure that any use's impacts are properly mitigated. Uses that are designated as a conditional use shall provide plans or narrative on how their application complies to the following criteria.
   A.   Accessory Dwelling Units:
      1.   The Town of Manhattan shall only permit an accessory dwelling unit if:
         a.   The applicant can provide additional parking to accommodate an accessory dwelling unit. One off-street parking space is required per accessory dwelling unit. The required parking may be placed in the rear setback but must maintain five feet (5') of separation from any lot line;
         b.   The applicant pays impact fees on the construction of an accessory dwelling unit;
         c.   An accessory dwelling unit must have a will-serve letter from both a municipal water system and a municipal sewer system; and
         d.   The proposed accessory dwelling unit complies with all applicable local, state, federal, electrical, plumbing, and building codes.
   B.   Casinos Prohibited: Casinos shall be prohibited within two hundred fifty feet (250') of and on the same street as a building used exclusively as a church, or school. Conformance with this provision shall be determined as set out in 42.12.129 ARM with the distance measured at two hundred fifty feet (250').
   C.   Combination Of Permitted Uses:
      1.   The application narrative should explain how the two (2) permitted uses will work in harmony on the single parcel.
      2.   Parking maybe provided as a shared lot on the parcel but each use's minimum space requirement shall be met in accordance with Chapter 13 .
   D.   Communications Tower:
      1.   The application narrative shall identify and mitigate any impacts to air travel.
      2.   Communication towers should be designed in the event of structural failure no portion of the structure falls outside of the subject parcel.
   E.   Home Occupations:
      1.   The application narrative shall list the following:
         a.   Employees;
         b.   Hours of operation;
         c.   Any signage proposed with the home occupation;
         d.   Expected water and sewer use;
         e.   Noise increases from normal residential use;
         f.   Lighting impacts to adjacent landowners;
         g.   Air quality impacts to adjacent landowners; and
         h.   ADA accessibility.
   F.   Manufactured Home Parks:
      1.   Site plan showing streets, common areas, proposed lot layout, and access to the park;
      2.   Engineering designs for all public improvements and infrastructure;
      3.   Renderings or photos of the proposed finished product to be placed; and
      4.   Maintenance Of Common Areas: All common areas and facilities including, but not limited to, recreational facilities, off-street parking and common open space shall be maintained in a satisfactory manner without expense to the general taxpayers of the town. To ensure the maintenance of and the payment of taxes on the commonly held non-public property, a mandatory property owners association shall be created and be recorded in the public records of Gallatin County and reviewed by the town council and town attorney.
   G.   Mini-warehouse/Self-Storage Units:
      1.   Lot Area And Width For Mini-Warehouse/Self-Storage Facilities: One (1) acre with a minimum width of one hundred fifty feet (150').
      2.   Lot coverage: Minimum aisle width between buildings shall be twenty-six feet (26').
      3.   All paving providing access to the lot and aisles shall be asphalt.
      4.   The storage facilities complex shall be surrounded by approved fencing to a height of at least eight feet (8').
      5.   Outdoor storage of automobiles, boats and recreation vehicles is permitted if they are within the fenced area. Outdoor exterior storage shall be limited to ten percent (10%) of the indoor storage area. Parked vehicles shall not interfere with traffic movement through the complex and shall meet the minimum setbacks of the district.
      6.   External lighting shall minimize night sky pollution and all lighting shall be directed within the fenced area of the mini-warehouse/self-storage facility such that there is no light spillage onto adjacent properties.
      7.   One office and dwelling unit is permitted as an accessory use to provide for a full-time caretaker.
   H.   Mixed Use Developments:
      1.   Mixed use developments may be a combination of permitted uses and conditional uses if included within that district.
      2.   Any commercial use in a mixed used development shall be limited to the ground floor facing the addressed street.
      3.   Residential uses when combined with commercial uses shall have their own separate entrances.
      4.   Parking maybe provided as a shared lot on the parcel but each use's minimum space requirement shall be met in accordance with Chapter 13
   I.   Modular homes (see section 10-1-A and Chapter 6, article C of this title) shall comply with all the following standards:
      1.   Minimum Width: Minimum width of the modular home shall be twenty-four feet (24').
      2.   Common Ownership: The modular home and the land it rests on shall be in common ownership.
   J.   Multiple Dwelling Units:
      1.   Each unit in a multi-dwelling shall have a separate entrance from the ground on which the structure is erected. Any structure of two (2), three (3), or four (4) dwelling units which does not provide this shall be classified as an apartment house.
   K.   Public Pools:
      1.   Must provide parking per Chapter 13 of this code.
   L.   Public Water Parks And Public Splash Pads:
      1.   Must provide adequate parking per Chapter 13 of this code.
      2.   Water must be used in a closed circuit to not place burdensome loads on the town water system. (Ord. 25-011, 6-12-2025)

10-11-7: CONDITIONAL APPROVAL:

The town council may make the granting of a conditional use permit 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. 25-011, 6-12-2025)

10-11-8: 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. 25-011, 6-12-2025)

10-11-9: TIME LIMIT FOR USE:

   A.   Time Limitations: Any approved conditional use permit shall be conditioned upon the privileges granted being utilized as follows:
      1.   Within twelve (12) months after approval of the final site plan and issuance of the conditional use permit, the applicant shall have acquired a building permit from the town and begun work.
      2.   If the applicant cannot acquire a building permit in that time frame, then they will be required to request an extension in writing from the zoning administrator.
         a.   The zoning administrator shall only approve the extension if:
            (1)   There is a valid reason outside of the applicants control that the building permit was not acquired.
            (2)   That there were no changes to the site plan from what was submitted to the planning board for review.
            (3)   The extension was requested at least thirty (30) days prior to the expiration of the previous permit.
   B.   Failure To Utilize: Failure to utilize the conditional use permit privileges within the twelve (12) month time periods noted above will void the permit if an extension has not been granted. The property covered by an approved conditional use permit shall not be used for any purpose other than that authorized. If said permit is to be modified, said modifications shall be reviewed as if it were a new permit. (Ord. 253, 12-1-1998; amd. Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)

10-11-10: CANCELLATION BY PERMIT HOLDER:

A conditional use permit may be canceled by the owner of the property covered by the permit by means of a written communication directed to the town council. The permit becomes void upon receipt of the communication in the office of the clerk/treasurer of the town council. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-11-11: REVOCATION:

   A.   Violation; False Information: Violations of any of the conditions or contents of a conditional use permit approval may subject the conditional use permit to review and possible revocation by the town council. Approval granted based on false information shall be held invalid.
   B.   Initiation Of Revocation Process: In the event a conditional use permit has been violated, a revocation of such permit may be initiated by the zoning administrator or the town council. Any proposition to revoke a conditional use permit on the grounds that the terms of the permit have been violated shall be referred to the town council.
   C.   Hearing: The town council shall offer the property owner and any interested party an opportunity to be heard at a public meeting, duly advertised in accordance with section 10-11-5 of this chapter, at which time it shall consider a proposition for revocation of a conditional use permit.
   D.   Notice Of Hearing: Notice of public hearing shall be published at least once in the official newspaper of the town having general circulation within the area of zoning jurisdiction of the town, not more than thirty (30) days or less than fifteen (15) days prior to the public hearing.
   E.   Decision Of Council: Upon the conclusion of the hearing, the town council may revoke the conditional use permit. The decision of the town council shall contain a finding of facts showing wherein the applicant failed to fulfill the original requirements or conditions for use. A copy of the decision shall be filed with the clerk/treasurer of the town council and a copy shall be mailed to applicant.
   F.   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. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)