Manhattan City Zoning Code
CHAPTER 19
ACCESSORY DWELLING UNITS; ACCESSORY DWELLING UNIT STRUCTURES
10-19-1: INTENT:
The intent of this chapter is to provide for flexibility in housing in residential areas. (Ord. 25-001, 6-12-2025)
10-19-2: DEFINITIONS:
For the purposes of this section:
ACCESSORY DWELLING UNIT: A self-contained living unit on the same parcel as a single-unit dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable building code, fire code, and public health and safety regulations.
BY RIGHT: The ability to be approved without requiring:
1. A public hearing;
2. A variance, conditional use permit, special permit, or special exception; or
3. Other discretionary zoning action other than a determination that a site plan conforms with applicable zoning regulations.
GROSS FLOOR AREA: The interior habitable area of a single-unit dwelling or an accessory dwelling unit.
SINGLE-UNIT DWELLING: A building with one (1) or more rooms designed for residential living purposes by one (1) household that is detached from any other dwelling unit. (Ord. 25-001, 6-12-2025)
10-19-3: REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS:
A. A minimum of one (1) accessory dwelling unit is allowed by right on a lot or parcel that contains a single-unit dwelling per the definition in this Chapter 10-19
.
B. An accessory dwelling unit may be attached, detached, or internal to the single-unit dwelling on a lot or parcel.
C. If the accessory dwelling unit is detached from or attached to the single-unit dwelling, it may not be more than seventy-five percent (75%) of the gross floor area of the single-unit dwelling or one thousand square feet (1,000 sq. ft.), whichever is less.
D. Accessory dwelling units shall not be used as a short-term rental nor timeshare per the definitions in Chapter 1A. (Ord. 25-001, 6-12-2025)
10-19-4: REQUIREMENTS FOR AN ACCESSORY DWELLING UNIT:
A. The Town of Manhattan shall only permit an accessory dwelling unit if:
1. An accessory dwelling unit must have a will-serve letter from both a municipal water system and a municipal sewer system.
2. The proposed accessory dwelling unit complies with all applicable local, state, federal, electrical, plumbing, and building codes.
B. There are no requirements for:
1. That an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the single-unit dwelling;
2. That the single-unit dwelling or the accessory dwelling unit be occupied by the owner;
3. Any familial, marital, or employment relationship between the occupants of the single-unit dwelling and the occupants of the accessory dwelling unit; or
4. Any improvements to public streets as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public infrastructure that is disturbed because of the construction of the accessory dwelling unit; (Ord. 25-001, 6-12-2025)
10-19-5: DIMENSIONAL STANDARDS:
The dimensional requirements (setbacks, height, lot coverage) for accessory residential units shall be the same as the district in which the unit is placed. (Ord. 25-001, 6-12-2025)
10-19-6: APPEALS OF ZONING ADMINISTRATOR DECISION REGARDING ADU PERMITS WITHOUT DEVIATIONS:
Any person or persons, jointly or severally aggrieved by any decision of the zoning administrator, may present to the Board of Adjustments a petition, duly verified, setting forth that such decision is unfounded, in whole or in part, specifying the grounds of the complaint. Such petition shall be presented to the Board of Adjustments within thirty (30) days after the filing of the decision of the zoning administrator. (Ord. 25-001, 6-12-2025)