Manhattan City Zoning Code
CHAPTER 12
SUPPLEMENTARY REGULATIONS
10-12-1: FENCES AND HEDGES:
All fences or hedges placed in a setback require an approved Town of Manhattan building permit. It will be the responsibility of the property owner to prove that the proposed fence or hedge is located on the property line and does not extend into the right-of-way. A fee for said permit shall be set by resolution of the Town of Manhattan.
No fence exceeding four feet (4') in height shall be allowed in front yard or side yard on a corner lot in residential districts, so as to unduly or unreasonably obstruct the visual perception of potential hazards as related to motor vehicle, bicycle and pedestrian traffic on the adjacent right-of-way. Residents may use wire fencing that provides adequate vision above four feet (4') at the discretion of the Town of Manhattan. The following exceptions apply:
A. Interior Lots: On interior lots a fence not exceeding six feet (6') in height may be constructed along the property line on the interior side and rear yard where not adjacent to a public intersection.
B. Corner Lots: On corner lots, the front yard is defined by the yard adjacent to the front yard of interior lots, regardless of front door location. No fence exceeding four feet (4') in height shall be constructed within fifteen feet (15') from front property line. On alley, opaque fencing may not exceed four feet (4') in height fifteen feet (15') from property corner. Wire fencing may extend fence to six feet (6') on alley corner. All other fencing shall not exceed six feet (6') in height.
C. Hedges, Landscaping Or Structures: The same regulations will apply to hedges, landscaping, or structures regarding height and location. Hedges may not be placed in the right-of-way nor allowed to grow into the right-of-way.
D. Electric Or Barbed Wire Fences Prohibited: It is unlawful for any person to erect or maintain any electrical fence, or any fence constructed in whole or in part of barbed wire within the town limits.
E. Exceptions: Exceptions to the provisions of this section may be granted by the town council through the variance process set forth in chapter 3 of this title. However, in no case shall a fence exceeding six feet (6') in height be permitted in residential districts.
(Ord. 253, 12-1-1998; amd. Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)
10-12-2: SEWER AND WATER CONNECTIONS:
Connection to the town’s sewer and water system is required for new buildings where the property on which the building is to be located within the town unless the property is in a subdivision that is exempted in Section 9-3-11
. (Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)
10-12-3: ACCESS TO STREET:
Every building hereafter erected or moved shall be on a lot abutting a public street, or with access to an approved private street. All structures shall be so located on lots as to provide safe convenient access for emergency services and required off street parking. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-12-4: TRANSITION AREA:
A. Garage Entrances: No commercial garage for more than one motor vehicle shall have an entrance or exit for motor vehicles within fifty feet (50') of a residential district.
B. Side And Rear Yard Transition: Where a lot in a commercial or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines, a yard equal in width or depth to that required in a residential district and the entirety of the property line that abuts the residential zone shall be screened from view by eight feet (8') high fence or vegetation that shall be maintained at a height of six feet (6'). (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-12-5: ANNEXATION OF ADDITIONAL TERRITORY:
Whenever the territory is added to the town limits, plans for such annexation shall be presented to the planning board for land use and zoning recommendations. The town council, in the annexation ordinance, shall provide for its addition to the town and designate the district or districts in which it is included. The territory annexed shall be governed by the provisions of the section governing the district to which it is attached. No property shall be annexed into the Town of Manhattan without a zoning designation. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-12-6: GENERAL SETBACK PROVISIONS:
A. Reduction Of Side Yards: Where there is an existing building having front, side or rear yard smaller than is permitted for new building under this title, such front, side or rear yard may not be further encroached upon; nor, where there is an existing building having front, side or rear yard larger than or the same as that required by this title, may such front, side or rear yard be reduced below what is required by this title for a new building of like character. Where the erection of any proposed new building or addition thereto will have the effect of reducing any front, side or rear yard of an existing building below what is required by this title for a new building, any permit for such new building shall be denied, unless a variance is granted by the Board of Adjustment. (Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)
10-12-7: MINIWAREHOUSES:
A. Lot Area With Width: Two (2) acres with a minimum width of one hundred fifty feet (150').
B. Lot Coverage: Minimum aisle width between buildings shall be twenty-six feet (26').
C. All paving providing access to the lot and aisles shall be asphalt.
D. The storage facilities complex shall be surrounded by a black chain-link fence approximately eight feet (8') in height.
E. 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.
F. One office and dwelling unit is permitted as an accessory use to provide for a full-time caretaker. (Ord. 25-001, 6-12-2025)
10-12-8: TELECOMMUNICATIONS FACILITIES:
A. Authority And Findings:
1. The town of Manhattan has the authority to regulate the placement, construction, and modification of wireless telecommunications service facilities.
2. The town of Manhattan finds that:
a. It is necessary to determine the appropriate location for placement of towers and antennas to serve local residents and businesses; and
b. The town desires to promote collocation and use of alternative tower structures to minimize the need to construct new towers; and
c. Consistent with applicable law, the town desires to minimize the adverse visual impacts of towers and antennas through careful siting, design, landscape screening, and innovative camouflage screening; and
d. The town seeks to ensure against potential health and safety hazards to citizens and prevent damage to adjacent properties; and
e. The town intends to exercise, to the fullest extent permitted by applicable law, its authority with respect to the regulation of the placement, construction, and modification of wireless telecommunications service facilities.
f. The town recognizes the need to respond to the policies in the telecommunications act of 1996 and has constructed its regulations in a fashion that does not unreasonably discriminate between providers of functionally equivalent personal wireless service in the town.
g. The federal communication commission exercises certain sole authority in the licensing and other regulation of wireless services which the town of Manhattan recognizes.
h. No tower shall be placed within two hundred fifty feet (250') of a residential zone.
B. Facility Specifications And Requirements:
1. The proposed telecommunications facility shall meet all of the requirements of the district in which it is located.
a. General Guidelines:
(1) Large scale wireless facilities are exempt from the height limitations of the district in which they are located.
(2) A detailed explanation of how the large-scale wireless facility will be maintained and how the maintenance and operations of the large- scale wireless facility will be transferred to a third party should the applicant no longer retain ownership is required. Unless otherwise approved by the town the responsibility of maintenance and operations shall transfer to the owner of the underlying property.
(3) An explanation of how the applicant will provide a financial security for the removal of the large-scale wireless facility if it no longer serves telecommunications carriers is required. The financial guarantee shall be one hundred fifty percent (150%) of the estimated costs of the facility removal and must be acceptable to the town. The financial guarantee shall be reviewed every three (3) years by the town to ensure the adequacy of the one hundred fifty percent (150%) guarantee.
(4) Large scale wireless facilities that are not utilized for telecommunications for a period of ninety (90) days shall be determined to no longer serve telecommunications carriers and must be disassembled and removed from the site.
(5) Small scale wireless facilities may not exceed the established maximum building height for the district in which they are located.
(6) Both large scale and small scale wireless facilities located in the NHB district must be stealth installations.
(7) A small scale wireless facility proposed for the sole and exclusive, on site use of a business, and found to be in compliance with the maximum building height limitations of the zoning district, with all setback and other zoning requirements, and which has four (4) or less square feet of total antenna surface area, may be permitted as an accessory use in any nonresidential district.
(8) Any antennas or antenna support structures that are not utilized for wireless services for a continuous period of ninety (90) days shall be considered abandoned. All facilities shall be removed within three (3) months or the cessation of operations (abandonment). If a facility is not removed within three (3) months the town shall remove the facility at the land owner’s expense. Where multiple users share a facility the nonoperational antennas and associated ground mounted equipment shall be removed but any common equipment may be retained until all users have terminated the utilization of the site.
b. Safety Standards:
(1) A statement of whether the proposed facility is exempt or nonexempt from environmental review under the rules of the FCC is required. If the facility is claimed to be exempt, a detailed and specific citation to the rules of the FCC indicating the section which details the relevant exemption provisions shall be included. If the facility is not exempt from environmental review a copy of the environmental review and the approval from the FCC for the site shall be provided to the town of Manhattan.
(2) The structural design for all antenna support structures ten feet (10') or greater in height or which have attached more than four (4) square feet of total antenna area shall be certified as structurally safe by a professional structural engineer licensed to practice in the state of Montana.
(3) All small scale or large-scale wireless facilities shall meet or exceed current standards and regulations of the FCC, FAA and any other agency with the authority to regulate towers and antennas. If such standards are changed the owner shall modify the installation to comply with the new standards within six (6) months of the effective date of the new standards or regulations unless a difference implementation schedule is required by the issuing agency.
(4) Towers with a base located at grade shall be enclosed within a secure fence not less than six feet (6') in height or the tower itself shall be equipped with an appropriate anticlimbing device.
c. Aesthetics:
(1) New towers greater than forty feet (40') in height shall accommodate at least three (3) service providers with accompanying area for equipment and access. Where multiple providers will be utilizing the same area and/or support structure, consideration should be given to the provision of a single building or other similar integration of equipment housing. A new tower may meet this requirement by correctly sizing the foundation and other structural elements to allow future additions to the structure to accommodate additional users rather than immediately constructing the entire tower.
(2) An applicant for a new tower more than forty feet (40') in height shall demonstrate that there are no available openings in existing facilities which are technically and financially feasible and that a new structure is necessary. A site shall be deemed financially feasible if the cost is equal to or less than the cost of constructing a new tower.
(3) All installations shall be as visually unobtrusive as is feasible. FAA and FCC regulations may require visual marking and lighting and may not be overridden by local regulation in this regard. Unless otherwise required by the FAA or FCC towers shall be of a galvanized finish or be painted in neutral colors. Facilities and equipment mounted on existing structures shall be visually incorporated into the structure or background using architectural elements, color, screening, or other methods.
(4) No lighting or signage except a single four (4) square foot business identification sign is allowed unless such lighting or signage is required by the FAA or FCC.
d. Special Setbacks To Avoid Collapse Damage: Special setbacks for towers shall be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users shall be provided.
(1) Large scale wireless facilities adjacent to residential occupancies or districts shall provide setbacks equal to one hundred percent (100%) of the tower height.
(2) Large scale wireless facilities not adjacent to residential occupancies or districts shall provide a minimum setback from the property lines of seventy five percent (75%) of tower height which may be reduced to no less than thirty percent (30%) of the tower height upon the provision and approval of an internal structural collapse engineered design, stamped by a professional structural engineer licensed to practice in the state of Montana, establishing a smaller collapse area.
(3) All large scale wireless facilities providing a setback of less than one hundred percent (100%) of the tower height shall provide design analysis and a narrative addressing the issue of ice fall.
(4) All structures shall be constructed in conformance with the most recent version of either the standards of the uniform building code or the Electronics Industries Association and the Telecommunications Industry Association, commonly cited as EIA/TIA 222-G standards. The most rigorous standard shall govern. All installations shall be certified as conforming by a professional structural engineer licensed to practice in the state of Montana.
(5) Any modifications to existing wireless sites may only occur in compliance with this section.
(6) Failure to comply with the terms of the zoning ordinance shall be grounds for facilities to be removed by action of the town at the land owner’s expense.
C. Nonconforming Telecommunications Facilities:
1. Telecommunications facilities constructed prior to the adoption of this section of the Manhattan zoning ordinance may be expanded and/or modified subject to the following regulations:
a. The applicant must satisfy the requirements of subsections 10-12-8
-B, as determined by the town council.
2. The proposed expansion and/or modification to telecommunications facilities constructed prior to the adoption of this section of the Manhattan zoning ordinance shall meet the requirements of the district in which they are located regarding off street parking and loading, sign regulations and landscaping regulations. (Ord. 291, 8-12-2003; amd. Ord. 25-001, 6-12-2025)
10-12-9: OUTDOOR LIGHTING STANDARDS:
A. General Standards: To minimize light pollution and ensure public health, safety and welfare, the town of Manhattan has adopted the following outdoor lighting standards:
1. All exterior lighting shall be designed, located and lamped to prevent over lighting, energy waste, glare, light trespass and sky glow.
2. All nonessential exterior commercial and residential lighting is to be turned off after business hours and/or when not in use. All commercial lights are to be on a timer. Sensor activated lights are to be used for security purpose lighting.
3. Canopy lights, such as service station lighting shall be fully recessed or fully shielded to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties.
4. All area lights are to be eighty five degree (85°) full cutoff type luminaries.
B. Type Of Luminaries:
1. All exterior lighting shall use full cutoff luminaries with the light source downcast and fully shielded, with the following exceptions:
a. Luminaries that have a maximum output of four hundred (400) lumens per fixture, regardless of number of lamps (equal to one 40-watt incandescent light) may be left unshielded provided the luminaire has an opaque top or is under an opaque structure.
b. Luminaries that have a maximum output of one thousand (1,000) lumens per fixture, regardless of the number of lamps (equal to one 60-watt incandescent light) may be partially shielded provided the lamp is not visible, and the luminaire has an opaque top or is under an opaque structure.
c. Floodlights with external shielding shall be angled such that no light is directed above a twenty five degree (25°) angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights of way. Photocells with timers that allow a floodlight to go on at dusk and off by eleven o’clock (11:00) P.M. are required.
d. Sensor activated luminaries, provided:
(1) It is in such a manner as to prevent glare and lighting onto properties of others or into a public right of way;
(2) The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased;
(3) The luminaire shall not be triggered by activity off the property.
e. Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services.
f. Up lighting for flags provided the flag is of a government and the maximum lumen output is one thousand three hundred (1,300) lumens. Flags shall be taken down at sunset to avoid the need for lighting.
g. Lighting of radio, communication and navigation towers; provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met using lighting that does not comply with this section and that the provisions of this section are otherwise met.
h. Luminaries used for playing fields shall be exempt from the height restriction provided all other provisions of this section are met and the light is used only while the field is in use.
i. Unshielded tube lighting which parallels the perimeter of the building or illuminates trees is permitted in the central business district.
C. Placement And Height Of Luminaries:
1. Parking area luminaries shall be no taller than seventeen feet (17') from the ground to their tallest point. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.
2. Freestanding luminaries on private property in or adjacent to residential zones shall be mounted at a height equal to or less than the sum of H=(D/3)+3, where D is the distance in feet to the nearest property boundary, but shall not be higher than fifteen feet (15') from ground level to the top of the luminaire, whichever is less.
3. Streetlights used on arterial roads may exceed twenty feet (20') in height, with approval of the town council, and only with a finding that exceeding twenty feet (20') is necessary to protect the safety of the residents of Manhattan.
4. Luminaries used for playing fields shall be exempt from the height restriction provided all other provisions of this section are met and the light is used only while the field is in use.
D. Illuminance And Type Of Lamp:
1. Illuminance levels for parking lots, sidewalks, and other walkways affected by side mounted building lights, and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the most current IESNA recommended practices.
2. Parking lot lighting shall not exceed an overall average illumination of 1.5 foot-candles.
3. Streetlights shall be high pressure sodium, low pressure sodium or metal halide, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall be limited to seventy (70) watt high pressure sodium (hps) light with a lumen output of six thousand four hundred (6,400). Streetlights along nonresidential streets or at intersections shall be limited to one hundred (100) watts hps, with a lumen output of nine thousand five hundred (9,500), except that lights at major intersections on state highways shall be limited to two hundred (200) watts hps. If a light type other than high pressure sodium is permitted the equivalent output shall be the limit of the alternative light type.
4. All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.
E. Procedures:
1. All construction with exterior lighting, applications for zoning permits, subdivision approval, conditional use permits, planned unit developments, or applicable sign permits shall include lighting plans showing location, type, height, lumen output, and illuminance levels to verify that lighting conforms to the provisions of this section. The city engineer may waive the requirement for illuminance level information only, if the city engineer finds that the illuminance levels conform to this section.
For all other exterior lights which must conform to the requirements of this section, an application shall be made to the town of Manhattan, showing the location, type, height, lumen output and illuminance levels.
2. The city engineer shall review any new exterior lighting or any existing exterior lighting on subject property that is part of an application for zoning permit, subdivision approval, conditional use permit, planned unit development, or applicable sign permit to determine whether the exterior lighting complies with the standards of this section.
3. The city engineer shall convey in writing a recommendation whether the exterior lighting complies with the standards of this section to the zoning official, town of Manhattan planning consultant, town of Manhattan city-county planning board or the Manhattan town council, as appropriate, before any review or public hearing is conducted. (Ord. 06-003, 1-16-2006)
F. Penalties For Violations: Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be punished as set forth in section 1-4-2 of this code. (Ord. 06-003, 1-16-2006; amd. Ord. 07-002, 2-13-2007; Ord. 25-001, 6-12-2025)
10-12-10: APPEALS:
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 Board. (Ord. 24-004, 5-9-2024; amd. Ord. 25-001, 6-12-2025)