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Manhattan City Zoning Code

CHAPTER 7

BUSINESS AND INDUSTRIAL DISTRICTS

10-7A-1: PURPOSE:

The intent of the central business district, CBD, is to provide an adequate area for the town's principal business, government, service and cultural activities. Permitted uses in this district are those that are appropriate in a relatively high density, intensively developed commercial center. The district should be developed as an attractive, functional and convenient commercial environment, and provide the mix of activities necessary to maintain the downtown character. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-2: PERMITTED USES:

In the CBD 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 the uses listed below, unless determined by the town council or designee to be in conformance with similar uses:
   A.   Accessory uses customary to the permitted uses on a lot.
   B.   Automobile parking lots and garages.
   C.   Bars and cocktail lounges.
   D.   Bus and other passenger transportation terminals.
   E.   Educational establishments other than "schools" as defined in subsection 10-1A of this title.
   F.   Financial institutions.
   G.   Hotels and motels.
   H.   Laundromat.
   I.   Live work units with residential in the rear or second story.
   J.   Medical and veterinary clinics.
   K.   Meeting and lodge halls.
   L.   Museums, libraries, galleries.
   M.   Offices, private and public.
   N.   Public parks, playgrounds, recreation areas, and community buildings and facilities owned and operated by a public agency.
   O.   Recreation and amusement establishments and facilities.
   P.   Repair and maintenance services conducted entirely indoors.
   Q.   Research and development laboratories and institutions.
   R.   Residential uses above the ground floor level or at the rear of a lot.
   S.   Restaurants.
   T.   Retail sales.
   U.   Service establishments.
   V.   Telecommunications facilities.
   W.   Temporary structures incidental to construction work, but only for the period in which an approved building permit is active with the Town of Manhattan.
   X.   Theaters and auditoriums. (Ord. 253, 12-1-1998; amd. Ord. 291, 8-12-2003; Ord. 25-001, 6-12-2025)

10-7A-3: CONDITIONAL USES:

In a CBD central business district zone, the following uses may be permitted, provided they are reviewed and approved as required in chapter 11 of this title:
   A.   Automobile service stations.
   B.   Casinos.
   C.   Drive-up windows at permitted use establishments.
   D.   Manufacturing.
   E.   Multiple permitted uses on a single parcel. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-4: PROHIBITED USES:

   A.   Manufactured home and travel trailer sales and service.
   B.   Salvage yards.
   C.   Storage, other than as an accessory use to a permitted use on a lot. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-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)

10-7A-6: LOT AREA AND WIDTH:

No minimum lot area or width is prescribed. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-7: SETBACKS:

No minimum setbacks are required in this district. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-8: LOT COVERAGE:

No maximum lot coverage is prescribed in this district. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-9: OFF STREET PARKING AND LOADING:

   A.   Nonresidential Uses: No off street parking shall be required for nonresidential uses in this district.
   B.   Residential Uses: Off street parking for residential uses shall be provided in accordance with chapter 13 of this title.
   C.   Off Street Loading: Off street loading shall be provided in accordance with chapter 13 of this title. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-10: SIGN REGULATIONS:

All signs must conform with chapter 15 of this title. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 25-001, 6-12-2025)

10-7A-11: LANDSCAPING REGULATIONS:

All required landscaping must conform to the adopted landscaping regulations for this district. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7A-12: SUPPLEMENTAL REGULATIONS:

Any project in the district shall conform with the relevant sections of chapter 12: supplementary regulations. (Ord. 25-001, 6-12-2025)

10-7B-1: PURPOSE:

The intent of the neighborhood highway business district (NHB), is to accommodate business uses that require more space than is normally available in the central business district, or whose operations require convenient highway access, and which may serve the traveling public as well as residents. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 25-001, 6-12-2025)

10-7B-2: PERMITTED USES:

In the NHB 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 customary to the permitted uses on a lot.
   B.   Automobile parking lots and garages.
   C.   Automobile service stations.
   D.   Bars and cocktail lounges.
   E.   Bus and other passenger transportation terminals.
   F.   Educational establishments and schools.
   G.   Financial institutions.
   H.   Greenhouses and nurseries.
   I.   Ground floor residential when providing more than four (4) units.
   J.   Hotels and motels.
   K.   Live work units with residential in the rear or second story.
   L.   Medical and veterinary clinics.
   M.   Meeting and lodge halls.
   N.   Museums, libraries, galleries.
   O.   Offices, private and public.
   P.   Recreation and amusement establishments and facilities.
   Q.   Repair and maintenance services.
   R.   Research and development laboratories and institutions.
   S.   Restaurants.
   T.   Retail sales.
   U.   Service establishments.
   V.   Telecommunications facilities.
   W.   Temporary buildings for and during construction only when tied to an active Town of Manhattan building permit.
   X.   Theaters and auditoriums. (Ord. 253, 12-1-1998; amd. Ord. 291, 8-12-2003; Ord. 25-001, 6-12-2025)

10-7B-3: CONDITIONAL USES:

In an NHB neighborhood business district zone, the following uses may be permitted, provided they are reviewed and approved as required in chapter 11 of this title:
   A.   Casinos.
   B.   Manufacturing, other than as an accessory use to a permitted use on a lot.
   C.   Manufactured home park.
   D.   Mini-warehouse/self-storage units.
   E.   Multiple permitted uses on a single parcel.
   F.   Wholesale sales. (Ord. 253, 12-1-1998; amd. Ord. 295, 11-10-2003; Ord. 05-004, 9-13-2005; Ord. 07-002, 2-13-2007; Ord. 13-002, 10-10-2013; Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)

10-7B-4: PROHIBITED USES:

   A.   Residential uses at the ground floor level abutting a public street unless more than three (3) units.
   B.   Salvage yards.
   C.   Storage, other than as an accessory use to a permitted use on a lot or mini- warehouse/self-storage units as a conditional use per 10-7B-3. (Ord. 253, 12-1-1998; amd. Ord. 13-002, 10-10-2013; Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)

10-7B-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)

10-7B-6: LOT AREA AND WIDTH:

No minimum lot area or width is prescribed. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7B-7: SETBACKS:

   A.   Front: A front yard setback of at least twenty five feet (25') shall be provided on all public street and highway frontages.
   B.   Side: There shall be a side yard having a depth of not less than eight feet (8').
   C.   Rear: A minimum setback of ten feet (10') from the rear property line shall be required. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7B-8: LOT COVERAGE:

No maximum lot coverage is prescribed in this district. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7B-9: OFF STREET PARKING AND LOADING:

Off street parking and loading shall be provided in accordance with chapter 13 of this title. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7B-10: SIGN REGULATIONS:

All signs must conform with chapter 15 of this title. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 25-001, 6-12-2025)

10-7B-11: LANDSCAPING REGULATIONS:

   A.   Landscape Zone Required: A landscape zone of not less than ten feet (10') shall be provided along the entire frontage abutting public streets and highways, other than that frontage utilized for vehicular and pedestrian ingress and egress.
   B.   Planting: All landscape zones shall be planted in accordance with the landscape regulations applicable to this district. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7B-12: SUPPLEMENTAL REGULATIONS:

Any project in the district shall conform with the relevant sections of chapter 12: supplemental regulations. (Ord. 25-001, 6-12-2025)

10-7C-1: PURPOSE:

The intent of the light industrial district, L-1, is to provide for high quality settings and facilities for the development of a variety of compatible employment opportunities. These areas should be developed so as to recognize the impact on surrounding or adjacent development and contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is required.
(Ord. 253, 12-1-1998; amd. Ord. 22-002, 6-9-2022)

10-7C-2: PERMITTED USES:

In an L-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.   Building contractors establishments.
   C.   Building materials sales.
   D.   Cabinet shops.
   E.   Electric utility facilities.
   F.   Enclosed warehousing.
   G.   Grain elevators.
   H.   Greenhouses and nurseries.
   I.   Grocery stores.
   J.   Gym or fitness facilities.
   K.   Live work units.
   L.   Machine shops and welding shops.
   M.   Manufacturing of light consumer goods (i.e., electronic equipment, appliances, furniture, beverages).
   N.   Medical and veterinary clinics.
   O.   Mini-warehouse/self-storage units subject to chapter 10-12-7.
   P.   Outside storage if accessory to permitted use and if screened from street and surrounding properties by solid fence or dense plantings at least six feet (6') high.
   Q.   Paint shops.
   R.   Physical therapy centers.
   S.   Professional offices.
   T.   Repair and service establishments for light consumer goods (i.e., automobiles, appliances, furniture).
   U.   Research and development laboratories.
   V.   Restaurants.
   W.   Sign shops.
   X.   Telecommunications facilities.
   Y.   Temporary buildings for and during construction when tied to an active Town of Manhattan building permit, only.
   Z.   Vehicle and boat sales. (Ord. 253, 12-1-1998; amd. Ord. 291, 8-12-2003; Ord. 13-002, 10-10-2013; Ord. 14-001, 5-14-2014; Ord. 22-002, 6-9-2022; Ord. 25-001, 6-12-2025)

10-7C-3: CONDITIONAL USES:

In the L-1 district, the following uses may be permitted provided they are reviewed and approved as required in chapter 11 of this title:
   A.   Caretaker facilities.
   B.   Infrastructure towers that exceed the maximum height of the district.
   C.   Multiple permitted uses on a single parcel. (Ord. 253, 12-1-1998; amd. Ord. 22-002, 6-9-2022; Ord. 25-001, 6-12-2025)

10-7C-4: PROHIBITED USES:

All uses of land, buildings and structures and industrial processes that are noxious or injurious by reason of production or emission of dust, smoke or refuse matter, odor, gas fumes, noise, vibration or substances or conditions. The town council shall make a finding whether a use is noxious or injurious in the release of any required permits. Salvage yards are prohibited in the L-1 district. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7C-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. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)

10-7C-6: LOT AREA AND WIDTH:

Lot area for the L-1 district shall not be less than ten thousand (10,000) square feet with a minimum width of fifty feet (50'). (Ord. 14-001, 5-14-2014; amd. Ord. 25-001, 6-12-2025)

10-7C-7: YARDS:

Every lot shall have the following minimum yards:
   A.   Front Yard: Front yard, twenty feet (20').
   B.   Rear Yard: Rear yard, ten feet (10') clear area.
   C.   Side Yard: Side yard, eight feet (8').
   D.   Lots Facing Or Adjacent To Another District: When a lot is adjacent or faces upon another district, the yard shall meet the requirements of the adjoining district for the property line that abuts that district. Properties that abut a right-of- way with a different zone on the opposite side of the right away do not need to conform to the adjacent district. Buildings shall be screened with a decorative fence or plantings along the entire property line that abuts another district. (Ord. 253, 12-1-1998; amd. Ord. 14-001, 5-14-2014; Ord. 14-001, 5-14-2014; Ord. 25-001, 6-12-2025)

10-7C-8: OFF STREET PARKING AND LOADING:

Off street parking and loading space shall be provided in accordance with chapter 13 of this title. (Ord. 253, 12-1-1998; amd. Ord. 25-001, 6-12-2025)

10-7C-9: SIGN REGULATIONS:

All signs must conform with chapter 15 of this title. (Ord. 253, 12-1-1998; amd. 2000 Code; Ord. 25-001, 6-12-2025)

10-7C-10: SUPPLEMENTAL REGULATIONS:

Any project in the district shall conform with the relevant sections of chapter 12: supplemental regulations. (Ord. 25-001, 6-12-2025)