Manhattan City Zoning Code
CHAPTER 6
RESIDENTIAL DISTRICTS
10-6A-1: PURPOSE:
The intent of the rural residential district, RR, is to provide for reasonable single-family development. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-2: PERMITTED USES:
In all the RR district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended or designed for other than one of the uses listed below, unless determined by the town council or designee to be in conformance with similar uses:
A. Accessory uses.
B. Agricultural uses.
C. Barns and animal shelters.
D. Bed and breakfast.
E. Daycare center (meeting state requirements).
F. Daycare home (meeting state requirements).
G. Group daycare home (meeting state requirements).
H. Home occupations.
I. Keeping of animals and fowl for family food production and the keeping of horses for private use, together with their dependent young.
J. Newly constructed single-family dwellings.
K. Public and private parks.
L. Temporary structures incidental to construction work, but only for the period in which an approved building permit is active with the Town of Manhattan. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)
10-6A-3: CONDITIONAL USES:
In an RR rural residential zone, the following uses may be permitted, provided they are reviewed and approved as required in Chapter 11 of this title:
A. Churches or similar places of worship.
B. Golf courses.
C. Manufactured home parks.
D. Modular homes.
E. Private and public schools.
F. Relocated single-family dwelling units. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-4: LOT AREA:
The minimum lot area in this district shall be determined by existing soil conditions, groundwater conditions and other physical limitations for residential development. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-5: LOT WIDTH:
Each lot shall have minimum width of not less than one hundred fifty feet (150'). (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-6: BUILDING HEIGHT:
No top of wall, measured from the top plate of the highest wall of any proposed structure, shall exceed twenty-six feet (26') in height. Emergency access for all two (2) story structures shall be placed such that the bottom of the emergency access is not above twenty feet (20') high from adjacent grade. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-7: YARD REGULATIONS:
A. Front Yard: There shall be a front yard having a depth of not less than thirty five feet (35').
B. Rear Yard: There shall be a rear yard having a depth of not less than twenty five feet (25').
C. Side Yards: There shall be side yards having a depth of not less than twenty five feet (25'). (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-8: ANIMAL ENCLOSURES; SETBACKS:
Except for pastures, any stable, barn, hutch, pen, shed or other such structure built to enclose or house animals or fowl shall be not less than fifty feet (50') from any structure used for human occupancy, and shall be set back not less than fifty feet (50') from any property line. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6A-9: SUPPLEMENTAL REGULATIONS:
Any project in the district shall conform with the relevant sections of Chapter 12: Supplemental Regulations. (Ord. 25-001, 6-12-2025)
10-6B-1: PURPOSE:
The low density residential district, R-1, is established for the purpose of low density dwelling control and to allow certain public facilities. It is intended that no use be permitted in this district that will interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6B-2: PERMITTED USES:
In an R-1 district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended or designed for other than one of the uses listed below, unless determined by the town council or designee to be in conformance with similar uses:
A. Accessory uses.
B. Accessory dwelling units subject to chapter 19.
C. Daycare home (meeting state requirements).
D. Public parks, playgrounds, recreation areas, and community buildings and facilities owned and operated by a public agency.
E. Single unit dwellings, including pre-fabricated homes excluding mobile homes, semitrailers, or house trailers.
F. Temporary structures incidental to construction work, but only for the period in which an approved building permit is active with the Town of Manhattan. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6B-3: CONDITIONAL USES:
In an R-1 low density residential zone, the following uses may be permitted, provided they are reviewed and approved as required in chapter 11 of this title:
A. Bed and breakfast.
B. Churches or similar places of worship.
C. Eldercare facility.
D. Golf courses.
E. Home occupations.
F. Manufactured home parks when included in newly created subdivisions.
G. Townhouse, maximum of two (2) units.
H. Two-unit dwellings, may only be located on corner lots and limited to one per block. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 06-002, 1-16-2006; Ord. 20-001, 7-9-2020; amd. Ord. 25-001, 6-12-2025)
10-6B-4: LOT AREA:
A. Minimum Lot Area: The minimum lot area shall be not less than ten thousand (10,000) square feet for a single-family dwelling except for lots that are in the original plat of Manhattan where a minimum of seven thousand (7,000) square feet for a single-unit dwelling is permitted. For a two-unit dwelling (duplex), there shall be a minimum lot area of twelve thousand (12,000) square feet. The lot area covered by all building structures shall not exceed forty percent (40%) of the total lot area. (Ord. 253, 12-1-1998; amd. Ord. 06-002, 1-16-2006; Ord. 07-002, 2-13-2007; Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)
10-6B-5: BUILDING HEIGHT:
No top of wall, measured from the top plate of the highest wall of any proposed structure, shall exceed twenty-six feet (26') in height. Emergency access for all two (2) story structures shall be placed such that the bottom of the emergency access is not above twenty feet (20') high from adjacent grade. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6B-6: LOT FRONTAGE:
For all new lots there shall be a minimum lot frontage of not less than seventy-five feet (75'). (Ord. 14-001, 5-14-2014; amd. Ord. 25-001, 6-12-2025)
10-6B-7: YARD SETBACKS:
A. Front Yard: There shall be a front yard having a depth of not less than twenty five feet (25'). Corner lots shall have a minimum setback of twenty five feet (25') on the frontage from which the building is addressed and fifteen feet (15') on the second frontage. Lots abutting on cul-de-sacs shall have a front yard of not less than twenty-five feet (25') to the closest point of the structure.
B. Rear Yard: There shall be a rear yard having a depth of not less than ten feet (10').
C. Side Yard: There shall be a side yard having a depth of not less than eight feet (8').
D. Detached buildings and semidetached structure not used for residential purposes may be approved for abutment on alleys. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6B-8: YARD ENCROACHMENTS:
Every part of a required yard shall be free of structures and building elements except for the following:
A. Projections: Projection of sills, belt courses, cornices and ornamental features which do not project more than twelve inches (12") from the principal building.
B. Unenclosed Porch; Uncovered Steps: Open unenclosed porch or uncovered steps may project into the front yard for a distance not to exceed ten feet (10').
C. Terraces, Uncovered Porches, Platforms, Ornamental Features: Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet (3') above the floor level of the ground story may project into a required rear yard provided these projections be at least five feet (5') from the property line.
D. Allowed In All Yards: Driveways, parking spaces, sidewalks, uncovered patios and terraces of noncombustible materials and ornamental objects are allowed in all yards. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6B-9: SUPPLEMENTAL REGULATIONS:
Any project in the district shall conform with the relevant sections of chapter 12: Supplemental Regulations. (Ord. 25-001, 6-12-2025)
10-6B-10: PENALTY:
Penalties For Violations: Any person violating a provision of this section 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. 25-001, 6-12-2025)
10-6C-1: PURPOSE:
The medium density residential district, R-3, is intended to provide for the new construction of single and duplex residential structures. It should provide for a variety of housing types to serve the varied needs of residents within the district. Modular and manufactured homes are permitted within this district on individual lots, provided they are new, meet current building codes and are placed on permanent foundations. (Ord. 253, 12-1-1998; amd. Ord. 06-002, 1-16-2006; Ord. 25-001, 6-12-2025)
10-6C-2: PERMITTED USES:
In an R-3 district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged, which is arranged, intended, or designed for other than one of the uses listed below, unless determined by the town council or designee to be in conformance with similar uses:
A. Accessory uses.
B. Accessory dwelling units subject to chapter 19.
C. Bed and breakfast.
D. Daycare home (meeting state requirements).
E. New modular and manufactured homes on permanent foundations.
F. Public parks, playgrounds, recreation areas, and community buildings and facilities owned and operated by a public agency.
G. Schools and other public buildings.
H. Single-unit dwellings, including pre-fabricated homes.
I. Temporary structures incidental to construction work, but only for the period in which an approved building permit is active with the Town of Manhattan.
J. Two-unit dwellings (duplex residential units).
K. Townhouse cluster (up to five (5) units). (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 06-002, 1-16-2006; Ord. 20-001, 7-9-2020; Ord. 25-001, 6-12-2025)
10-6C-3: CONDITIONAL USES:
In an R-3 district, the following uses may be permitted, provided they are reviewed and approved as required in chapter 11 of this title:
A. Boarding/lodging houses.
B. Churches or similar places of worship.
C. Eldercare facilities, homes for the aged.
D. Guesthouse.
E. Home occupations.
F. Hospitals.
G. Infrastructure towers that exceed the height requirements of the zone.
H. Manufactured home parks.
I. Multi-unit structures containing three (3) or more units.
J. Multiple permitted uses on a single parcel.
K. Townhouse cluster (more than five (5) units). (Ord. 253, 12-1-1998; amd. Ord. 06-002, 1-16-2006; Ord. 20-001, 7-9-2020; Ord. 25-001, 6-12-2025)
10-6C-4: LOT AREA:
A. Minimum Lot Area: The minimum lot area shall be not less than six thousand five hundred (6,500) square feet for a single-unit dwelling. For a two- unit dwelling (duplex), there shall be a minimum lot area of eight thousand five hundred (8,500) square feet. Multi-unit structures containing three (3) or more units shall be eight thousand five hundred (8,500) square feet plus one thousand five (1,005) square feet for every additional unit above two (2) units. The maximum lot coverage in the R-3 zoning district shall be forty-five percent (45%). (Ord. 253, 12-1-1998; amd. Ord. 06-002, 1-16-2006; Ord. 07-002, 2-13-2007; Ord. 25-001, 6-12-2025)
10-6C-5: BUILDING HEIGHT:
No top of wall, measured from the top plate of the highest wall of any proposed structure, shall exceed twenty-six feet (26') in height. Emergency access for all two (2) story structure shall be placed such that the bottom of the emergency access is not above twenty feet (20') high from adjacent grade. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
There shall be a minimum lot frontage of not less than fifty feet (50'). (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6C-7: YARD SETBACKS:
A. Front Yards: There shall be a front yard having a depth of not less than fifteen feet (15'). Corner lots shall have a minimum setback of fifteen feet (15') on the frontage from which the building is addressed with the narrowest width and fifteen feet (15') on the second frontage with the longest width. Lots abutting on cul-de-sacs shall have a front yard of not less than twenty-five feet (25') to the closest point of the structure.
B. Rear Yards: There shall be a rear yard having a depth of not less than ten feet (10').
C. Side Yards: There shall be a side yard having a depth of not less than eight feet (8').
D. Detached buildings and semidetached structure not used for residential purposes may be approved for abutment on alleys. (Ord. 253, 12-1-1998; amd. Ord. 06-002, 1-16-2006; Ord. 07-002, 2-13-2007; Ord. 25-001, 6-12-2025)
Every part of a required yard shall be free of structures and building elements except for the following:
A. Projections: Projection of sills, belt courses, cornices and ornamental features which do not project more than twelve inches (12") from the principal building.
B. Unenclosed Porch; Uncovered Steps: Open unenclosed porch or uncovered steps may project into the front yard for a distance not to exceed ten feet (10').
C. Terraces; Uncovered Porches; Platforms; Ornamental Features: Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three feet (3') above the floor level of the ground story may project into a required rear yard provided these projections be at least five feet (5') from the property line.
D. Allowed In All Yards: Driveways, parking spaces, sidewalks, uncovered patios and terraces of noncombustible materials and ornamental objects are allowed in all yards. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)
10-6C-9: SUPPLEMENTAL REGULATIONS:
Any project in the district shall conform with the relevant sections of chapter 12: Supplemental Regulations. (Ord. 25-001, 6-12-2025)
10-6C-10: PENALTY:
A. Penalties For Violations: Any person violating a provision of this section 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. 25-001, 6-12-2025)
10-6D-1: PURPOSE:
The residential transitional district, RT, is intended to provide an acceptable range of land uses and controls for limited office and commercial development on and surrounding residential properties, provided that the residential character is maintained and driveway access is controlled. The permitted uses are limited to low intensity office and service uses characterized by low traffic generation and little or no customer contact on the premises. To maintain the residential qualities of the surrounding areas, stringent development and activity standards are imposed. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-2: PERMITTED USES:
In the RT district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged, which is arranged, intended or designed for other than on the uses listed below, unless determined by the town council or designee to be in conformance with similar uses:
A. Accessory uses.
B. Accessory residential units (see Chapter 19).
C. Daycare home (meeting state requirements).
D. Live work units.
E. Public parks, playgrounds, recreation areas, and community buildings and facilities owned and operated by a public agency.
F. Single-family unit dwellings, including pre-fabricated homes excluding manufactured homes, mobile trailers homes, semitrailers, or house trailers.
G. Temporary structures incidental to construction work, but only while tied directly to an active Town of Manhattan building permit.
H. Personal service establishments.
I. Business service establishments including:
1. Business and management consulting services and similar consulting services.
2. Telemarketing and telephone message services.
3. Computer and data processing services.
4. Market research, advertising, and public relations.
5. Medical, dental, and optical laboratories without individual patient visitors.
6. Real estate appraisal, abstract title research, mortgage brokerages, and other real estate related businesses except sales offices.
7. Stenographic services and temporary office worker placement services.
8. Miscellaneous business services which require only incidental client contact on the premises.
J. Professional office establishments. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-3: CONDITIONAL USES:
In the RT district the following uses may be permitted, provided they are reviewed and approved as required in chapter 11 of this title:
A. Bed and breakfast.
B. Churches or similar places of worship.
C. Eldercare facility.
D. Golf courses.
E. Home occupations.
F. Manufactured home parks when included in newly created subdivisions.
G. Multiple permitted uses on a single parcel.
H. Townhouse, maximum of two (2) units.
I. Two-unit dwellings, may only be located on corner lots. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-4: LOT AREA:
A. Minimum Lot Area: The minimum lot area shall be not less than ten thousand (10,000) square feet except for lots that are in the original plat of Manhattan where a minimum of seven thousand (7,000) square feet is permitted.
B. Percentage Of Lot Coverage: The lot area covered by all buildings and structures shall not exceed forty-five percent (45%) of the total lot area. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-5: BUILDING HEIGHT:
No top of wall, measured from the top plate of the highest wall of any proposed structure, shall exceed twenty-six feet (26') in height. Emergency access for all two (2) story structure shall be placed such that the bottom of the emergency access is not above twenty feet (20') high from adjacent grade. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-6: LOT FRONTAGE:
There shall be a minimum lot frontage of not less than seventy five feet (75') except for lots that are in the original plat of Manhattan where a minimum of fifty feet (50') is permitted. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-7: YARD RESTRICTIONS:
A. Front Yard: There shall be a front yard having a depth of not less than twenty-five feet (25'). Corner lots shall have a minimum setback of twenty-five feet (25') on the frontage with the narrowest width and fifteen feet (15') on the frontage with the longest width. Lots abutting on cul-de-sacs shall have a front yard of not less than twenty-five feet (25') to the closest point of the structure.
B. Rear Yard: There shall be a rear yard having a depth of not less than ten feet (10').
C. Side Yard: There shall be a side yard having a depth of not less than eight feet (8'). (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-8: ACCESSORY BUILDINGS AND STRUCTURES:
Detached buildings, and semi-detached not used for residential purposes may be approved for abutment on alleys.(Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-9: YARD ENCROACHMENTS:
Every part of a required yard shall be open to the sky, unobstructed by any part of any structure except for the following:
A. Projections: Projection of sills, belt courses, cornices and ornamental features which do not project more than twelve inches (12") from principal building.
B. Unenclosed Porch, Uncovered Steps: Open unenclosed porch or uncovered steps may project into the front yard for a distance not to exceed ten feet (10').
C. Terraces, Uncovered Porches, Platforms, And Ornamental Features: Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet (3') above the floor level of the ground story may project into a required rear yard provided these projections be at least five feet (5') from the property line.
D. Allowed In All Yards: Driveways, parking spaces, sidewalks, uncovered patios and terraces of noncombustible materials and ornamental objects are allowed in all yards. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-10: SIGNS:
A. Signage in the RT zone shall be in accordance with all elements of chapter 15, "Sign Regulations", of this title. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-11: OFF STREET PARKING AND LOADING:
A. Off-street parking and loading shall be provided in accordance with chapter 13. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025 )
10-6D-12: HOURS OF OPERATION:
Hours of public operation for any use shall be restricted to the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-13: OPEN STORAGE:
All nonresidential operations, including the storage of materials and merchandise, shall be conducted in a fully enclosed building or entirely within a solid, opaque wall or fence which conceals the operations from visibility for the adjoining properties. (Ord. 17-001, 2-9-2017; amd. Ord. 25-001, 6-12-2025)
10-6D-14: SUPPLEMENTAL REGULATIONS:
Any project in the district shall conform with the relevant sections of chapter 12: supplemental regulations. (Ord. 25-001, 6-12-2025)