Manhattan City Zoning Code
CHAPTER 2
ADMINISTRATION AND ENFORCEMENT
10-2-1: ZONING ADMINISTRATOR:
A. Office Established: The town council shall appoint a zoning administrator who shall administer and enforce the provisions of this title.
B. Duties: It is the intent of this title that the zoning administrator shall check all zoning permits for compliance with this Title. It is the intent of this Title that the Building Official shall check all construction and associated plans and permits. (Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)
10-2-2: ZONING PERMIT:
A. Required:
1. Building, Structure: No footprint or height of any building or structure within the town can be changed and no building or other structure can be erected without a valid zoning permit issued by the zoning administrator.
2. Compliance Required For Issuance: No such zoning permit shall be issued except in conformity with all of the provisions of this title.
3. Change In Use: No use of any building, structure or land shall be changed for nonresidential purposes until a zoning permit can be obtained.
4. Enclosed Area: Only those structures or buildings which have an enclosed area of more than two hundred (200) square feet are required to obtain a zoning permit under the building code and ordinances of the town.
B. Application:
1. Required: No new building shall be constructed or existing building altered within the town unless the person desiring to construct or alter the building has made application to the town of Manhattan building official and zoning administrator for proper permitting per International Code Conference rules and regulations, the Manhattan Town Code and the building code as adopted by the state of Montana to construct or alter said building.
2. Contents: All applications must show the lot upon which the construction is to be made, the size, nature and extent of the construction or alteration, including at a minimum scaled:
a. Plans, elevations, and building sections indicating dimensions and building materials.
b. Dimensioned setback from the street and all lot lines.
c. Utility connections.
d. Parking spaces if required per this title.
C. Filing Of Plans: All applications for zoning permits for new construction shall:
1. Be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon.
2. Show the legal description of the parcel, the exact sizes and locations of the lot and of buildings already existing, if any, and the location and dimensions of the proposed buildings or alterations.
3. Include such other information as lawfully may be required by the zoning administrator or this title, including existing or proposed building and land.
4. Show the number of dwelling units, housekeeping units, or rental units the building is designed to accommodate.
5. Show conditions existing on the lot.
6. Show such other matters as may be necessary to determine conformance with, and provide for the enforcement of this title.
7. One copy of the plans shall be returned to the applicant by the clerk/treasurer of the town council, after the building official and zoning administrator has marked such copy either as approved or disapproved. The second copy of the plans similarly marked shall be retained by the clerk/treasurer.
D. Issuance; Denial Of Application: If the application is in conformance with this title and any amendments thereto, the building official and/or the zoning administrator shall issue a permit for the construction or alteration of said building; but if they are not in conformance with this title, no permit shall be given by the building official and/or the zoning administrator and thereafter, no construction or alteration may be made unless authorized by the board of adjustment as hereinafter provided for.
E. Term: All permits expire within one year after date of issue unless construction has begun, this includes site improvements, or an extension of the permit is granted by the building official and zoning administrator.
F. Conformity Of Construction And Use: Zoning permits issued based on plans and applications approved by the building official and zoning administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and any other use, arrangement or construction at variance with that authorized shall be deemed a violation of this title, and punishable by section 10-1-3
of this title.
G. Expiration And Cancellation:
1. If the work described in any zoning permit has not been substantially completed within one year of the date of issuance thereof, such permit shall expire and be canceled by the zoning administrator or building official and written notice thereof shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained.
H. Any person or persons, jointly or severally aggrieved by any decision of the zoning administrator or building official may present to the Board of Adjustments an appeal petition specifying the grounds for the appeal. Such petition shall be presented to the Board of Adjustments within thirty (30) days after the filing of the zoning administrator or building official decision. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)
10-2-3: SCHEDULE OF FEES:
A. Established: The town council shall establish a schedule of fees, charges and expenses and a collection procedure for all permits, appeals, variances and other matters pertaining to this title. The schedule of fees shall be filed in the office of the town council, and may be altered or amended only by the town council.
B. Payment Required: No permit, zone change, or variance shall be issued until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken by the board of adjustment until preliminary charges and fees have been paid in full. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 298, 8-9-2004; Ord. 09-001, 8-11-2009; Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)
10-2-4: DISCONTINUANCE OF VIOLATIONS:
If the zoning administrator or other officials shall find that any provision of this title is being violated, they shall notify, in writing, the person responsible for such violation and order corrective action. They shall order discontinuance of illegal use of land, structures or buildings; removal of illegal buildings or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance therewith or to prevent its violation. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-2-5: COMPLAINT PROCEDURES:
A. Right To File: Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint.
B. Filing: Such complaint stating fully the causes and basis thereof shall be filed with the town council.
C. Investigation: The town council shall record properly such complaint and immediately investigate.
D. Findings: Upon completion of the investigation, the town council shall record its findings with the clerk/treasurer of the town council.
E. Service On Owner: If a violation has occurred, the town council, upon recording its findings with the clerk/treasurer of the town council, shall give instruction to the chief of police to serve the owner of the property with a copy of the complaint and a copy of the findings of the town council.
F. Appearance Before Council: The owner shall then appear in front of the town council at its next meeting to discuss an acceptable remedy to the violation.
G. Failure To Comply: If the owner does not agree to correct the violation or fails to correct the violation within the period provided by the town council, the town attorney may file formal charges and prosecute the owner as provided in section 10-1-3
of this title. (Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024; Ord. 25-001, 6-12-2025)
10-2-6: MANHATTAN CITY-COUNTY GROWTH POLICY:
The adopted Manhattan City-County Growth Policy can be found on the town website or at town hall. (Ord. 25-001, 6-12-2025)
10-2-7-1: MANHATTAN ZONING MAP:
The official zoning map of the Town of Manhattan can be found on the town's official website or in town hall. (Ord. 25-001, 6-12-2025)
10-2-7-2: MANHATTAN JURISDICTIONAL AREA ZONING MAP:
The official zoning map of the Town of Manhattan can be found on the town's official website or in town hall. (Ord. 25-001, 6-12-2025)
10-2-8-1: INITIATION:
A. The town council may, from time to time, amend, supplement, or change this title and the regulation of maps, appertaining thereto:
1. Town Initiated: An amendment, supplement or change may be initiated by the town council, Manhattan City-County planning board, or the board of adjustments.
2. Property Owner Initiated: Whenever the property owner of any land or building desires a reclassification of his/her property or change in regulations applicable thereto, they may file with the town clerk on forms provided by the Town for this purpose, a petition duly signed and verified by them requesting an amendment or change of regulations prescribed for such property.
3. Filing Fee: A fee shall be paid to the town upon filing of each application for the purpose of defraying expenses incidental to proceedings. No application will be regarded as having been filed until such fee has been paid. Said fee amount may be obtained from the clerk/treasurer of the town council. (Ord. 25-001, 6-12-2025)
10-2-8-2: INVESTIGATIONS:
Upon initiation of an amendment, by the town council or upon petition from a property owner, the town council shall request the planning board to make an investigation of the petition and will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title and the Manhattan City-County Growth Policy. (Ord. 25-001, 6-12-2025)
10-2-8-3: HEARING:
Before an amendment is approved or denied, two (2) public hearings shall be held, one before the planning board and the other before the town council.
Manhattan City-County Planning Board Hearing: The Manhattan City-County planning board, after their review and investigation of the application shall hold a public hearing on the proposed amendment, supplement, or change in a district's boundary or an amendment, supplement, or change of the text of this title, at which time, all interested parties and citizens shall have an opportunity to provide testimony for or against the application. They shall forward their recommendation onto the town council.
Town Council Hearing: The town council shall hold a public hearing on the proposed amendment, supplement, or change in the district boundary or an amendment, supplement, or change of the text of this title, at which time interested parties and citizens shall have an opportunity to be heard.
Notice Of Hearings: Notice of the public hearings shall be published at least once in an official paper or paper of general circulation at least fifteen (15) days and not more than thirty (30) days prior to each of the public hearings.
Protest: In case, however, of protest such changes signed by the owners of twenty percent (20%) or more either of the area of those lots immediately adjacent extending one hundred fifty feet (150') in all directions, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the town council. (Ord. 25-001, 6-12-2025)