[Ord. No. 99-1145 Art. 5 §1, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for
the following purposes:
1.
Single-family dwellings.
a.
On lots of record as of or prior to July 5, 1960, single-family dwellings
having a minimum floor area of one thousand one hundred fifty (1,150)
square feet of living area, exclusive of garages, carports, porches,
breezeways, basements, cellars, and any space within the building
where the ceiling height is less than seven (7) feet, six (6) inches.
b.
On lots of record recorded between July 6, 1960, and January 1, 1974,
single-family dwellings having a minimum floor area of no less than
the average floor area of the majority of the existing single-family
dwellings in the subdivision, or in a subdivision of less than five
(5) contiguous lots, or on a lot of record not situated in a subdivision
no less than one thousand four hundred (1,400) square feet of living
area, exclusive of garages, carports, porches, breezeways, basements,
cellars, and any space within the building where the ceiling height
is less than seven (7) feet, six (6) inches.
c.
On lots of record recorded January 1, 1974, or thereafter, single-family
dwellings having a minimum floor area of one thousand eight hundred
(1,800) square feet of living area, exclusive of garages, carports,
porches, breezeways, basements, cellars, and any space within the
building where the ceiling height is less than seven (7) feet, six
(6) inches. No such single-family dwelling shall be constructed on
a lot of less than one hundred (100) feet in width at the building
line.
d.
Floor space may be measured from the outside of the building walls
and exterior building elevations shall match those of surrounding
existing dwellings.
2.
Parks, playgrounds and community buildings owned or operated by the
City of Manchester.
3.
Churches, synagogues or other places of worship.
4.
Golf courses, except miniature courses and driving ranges operated
for commercial purposes.
5.
Home occupations in compliance with the requirements of Section 405.155.
[Ord. No. 23-2389, 8-7-2023]
6.
Accessory buildings and uses customarily incidental to the above
uses, not involving the conduct of a business, including (1) a private
garage or carport, (2) swimming pools and (3) game courts, unlighted,
for use by occupants and their guests. Existing carports may be continued.
7.
Temporary buildings or structures, including mobile or relocatable
home offices or storage units, the uses of which are incidental to
construction operations during development being conducted on the
same or adjoining tract or subdivision and which shall be removed
upon completion or abandonment of such construction or upon the expiration
of a need for such temporary buildings, whichever is sooner. Continuation
of the use beyond one (1) year shall require approval of the Planning
and Zoning Commission.
8.
Fencing or a plant material screen which shall not exceed six (6)
feet in height and is of a suitable ornamental character. Fences or
a landscaped screen on corner lots shall be built so as to not obstruct
driver vision from passing automobiles. Fences cannot be constructed
in front of a building; however, on side and rear yards the fence
may be constructed on the property lines. In a corner lot, the structure
may not extend beyond the building line on either side of the yards
adjacent to the two (2) streets.
9.
Swimming pools, both in-ground and above-ground pools, not closer
than ten (10) feet from the rear and side property lines (measured
from the edge of water surface), provided no portion of an accessory
structure (decking, patio, sidewalk, pumphouse, etc.) of a pool may
be closer than five (5) feet from the rear and side property lines.
10.
Satellite dishes not closer than ten (10) feet from the rear and
side property lines, provided a landscaped screening of the dish may
be required by the Planning and Zoning Commission in keeping with
the character of the adjoining properties.
11.
Mobile business.
[Ord. No. 14-2073 §2, 6-2-2014]
12.
Group Home, provided that it meets the following requirements:
[Ord. No. 19-2262, 7-15-2019]
a.
Group Homes may not be located within one thousand (1,000) feet of
another Group Home; and
b.
The exterior appearance shall be in reasonable conformance with the
general neighborhood standards wherein such dwelling and property
are situated as established, from time to time, by the Planning and
Zoning Commission of the City.
B.
Special Uses. The following uses may be permitted as special uses in accordance with the procedures, guides and standards of Article X, Special Uses.
1.
Any public building erected and used by any department of the County,
State or Federal Government.
2.
Nurseries, truck gardening or greenhouses, provided that any structure
for such shall not be less than one hundred (100) feet from all property
lines, but in no event including the raising of poultry, pets or livestock
for commercial purposes or on a scale that would be objectionable
because of noise or odor to surrounding residences.
3.
Private stables on lots of three (3) acres or more.
4.
Roadside stands for temporary and seasonal periods.
5.
Clubs and semi-private buildings.
6.
Ball parks or athletic fields, including grandstand, picnic grounds
and swimming pool, where the operation is limited to the hours of
6:00 A.M. to 11:00 P.M. only.
7.
Public schools (kindergarten, elementary, secondary and collegiate)
and other not-for-profit educational institutions having a curriculum
the same as ordinarily given in such public schools, provided such
satisfies all requirements of the BOCA Code, the other ordinances
of the City of Manchester and the requirements of the West County
EMS and Fire Protection District, or its equivalent, as such may,
from time to time, be in effect.
8.
Care Home:
[Ord. No. 19-2262, 7-15-2019]
a.
A Care Home may not be located within one thousand (1,000) feet of
another group home; and
b.
The exterior appearance shall be in reasonable conformance with the
general neighborhood standards wherein such dwelling and property
are situated as established, from time to time, by the Planning and
Zoning Commission of the City.
C.
D.
Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having
a depth of not less than thirty (30) feet.
b.
Where a lot has double frontage, the required front yard shall be
provided on both streets except that a fence may extend to the property
line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each side of such corner lot, except
that the buildable width of such lot shall not be reduced to less
than fifty (50) feet. No accessory building shall project beyond the
front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each
side of a building having a width of not less than ten (10) feet or
ten percent (10%) of the width of the lot, whichever amount is larger,
but the side yard need not exceed twenty-five (25) feet.
b.
The side yard on each side of a building on a lot of record which
is less than one hundred (100) feet in width shall have a width of
ten percent (10%) of the width of the lot, but shall not be less than
five (5) feet.
3.
Rear yard. Except as otherwise provided, there shall
be a rear yard having a depth of not less than thirty-five (35) feet
or twenty percent (20%) of the depth of lot, whichever amount is larger,
but it need not exceed fifty (50) feet.
4.
Intensity of use of lot. Every lot shall have an
area of not less than eighteen thousand (18,000) square feet and a
minimum width at the building line of one hundred (100) feet except
that if a lot of record has less area or width than herein required,
that lot may be used only for a single-family dwelling.
F.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §2, 9-20-1999]
A.
Permitted Uses. A building or land shall be used only for
the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family
dwelling shall have a minimum floor area of one thousand four hundred
(1,400) square feet of living area, exclusive of garages, porches,
breezeways, basements, cellars, and any space within the building
where the ceiling height is less than seven (7) feet, six (6) inches.
Floor space shall be measured from the outside of the building walls.
E.
Area Regulations.
1.
Front yard. Same as "R-1" Residential District.
2.
Side yard. Same as "R-1" Residential District.
3.
Rear yard. Same as "R-1" Residential District.
4.
Intensity of use of lot. Every lot shall have an
area of not less than fourteen thousand (14,000) square feet; however,
the Planning and Zoning Commission may recommend, and the Board of
Aldermen may permit where it deems it appropriate, the varying of
lot sizes provided the average lot area of the development shall not
be less than fourteen thousand (14,000) square feet and no single
lot shall be less than ten thousand (10,000) square feet. Minimum
width at the building line shall be eighty (80) feet, except that
if a lot of record has less area or width than herein required, that
lot may be used only for a single-family dwelling.
F.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §3, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for
the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family
dwelling shall be similar to surrounding dwellings in floor area of
living area, exclusive of garages, porches, breezeways, basements,
cellars, and any space within the building where the ceiling height
is less than seven (7) feet, six (6) inches. Floor space shall be
measured from the outside of the building walls. Exterior building
elevations shall match those of surrounding existing dwellings.
D.
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having
a depth of not less than twenty-five (25) feet.
b.
Where a lot has double frontage, the required front yard shall be
provided on both streets except that a fence may extend to the property
line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each side of such corner lot, except
that the buildable width of such lot shall not be reduced to less
than fifty (50) feet. No accessory building shall project beyond the
front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each
side of a building having a width of not less than ten (10) feet.
F.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §4, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for
the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family
dwelling shall be similar to surrounding dwellings in floor area of
living area, exclusive of garages, porches, breezeways, basements,
cellars, and any space within the building where the ceiling height
is less than seven (7) feet, six (6) inches. Floor space shall be
measured from the outside of the building walls. Exterior building
elevators shall match those of surrounding existing dwellings.
D.
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having
a depth of not less than twenty (20) feet.
b.
Where a lot has double frontage, the required front yard shall be
provided on both streets except that a fence may extend to the property
line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each side of such corner lot, except
that the buildable width of such lot shall not be reduced to less
than fifty (50) feet. No accessory building shall project beyond the
front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each
side of a building having a width of not less than eight (8) feet.
F.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §5, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for
the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family
dwelling shall be similar to surrounding dwellings in floor area of
living area, exclusive of garages, porches, breezeways, basements,
cellars and any space within the building where the ceiling height
is less than seven (7) feet, six (6) inches. Floor space shall be
measured from the outside of the building walls. Exterior building
elevations shall match those of surrounding existing dwellings.
D.
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having
a depth of not less than twenty (20) feet.
b.
Where a lot has double frontage, the required front yard shall be
provided on both streets except that a fence may extend to the property
line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each side of such corner lot, except
that the buildable width of such lot shall not be reduced to less
than fifty (50) feet. No accessory building shall project beyond the
front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each
side of a building having a width of not less than six (6) feet.
F.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §6, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. Except as elsewhere provided, business and
industry are specifically prohibited, and a building or premises shall
be used only for the following purposes:
1.
Two-family dwellings.
2.
Multiple-family dwellings.
3.
Private clubs, except skeet and gun clubs and those the chief activity
of which is a service customarily carried on as a business.
4.
Public parks and playgrounds.
5.
Accessory buildings and uses customarily incidental to any of the
above uses, including storage garages and carports.
D.
Height Regulations. No structure of any type or kind may be erected in the "R-5" Residential District exceeding the height of thirty-five (35) feet from ground level without a special use permit applied for and granted in accordance with Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having
a depth of not less than fifty (50) feet.
b.
Where a lot has double frontage, the required front yard shall be
provided on both streets except that a fence may extend to the property
line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each street of a corner lot, except
that the buildable width of such lot shall not be reduced to less
than thirty (30) feet and the necessary side yard requirement. No
accessory building shall project beyond the front yard line on either
side.
2.
Side yard. There shall be a side yard on each side
of the building having a width of not less than fifteen (15) feet.
3.
Rear yard. There shall be a rear yard having a depth
of not less than fifty (50) feet.
4.
Intensity of use.
a.
Every lot within the district, regardless of use, shall contain an
area of not less than eighteen thousand (18,000) square feet provided
that:
(1)
A lot on which there is erected a two-family dwelling shall
contain an area of not less than nine thousand (9,000) square feet
per family, and
(2)
A lot on which there is erected a multiple-dwelling shall contain
not less than seven thousand five hundred (7,500) square feet of area
per dwelling unit.
F.
Supplemental Requirements For Multi-Family Structures.
1.
Individual dwelling units shall have a minimum floor area of one
thousand two hundred fifty (1,250) square feet of living area, exclusive
of garages, breezeways, basements, utility rooms, cellars, entrance
halls, and any space within the building where the ceiling height
is less than seven (7) feet. Floor space shall be measured from the
outside of the building walls.
2.
Utility and/or storage space must be provided for each living unit.
Such space shall be in addition to the above one thousand two hundred
fifty (1,250) square feet minimum. The utility and/or storage space
provided must be equal to or greater than five percent (5%) of the
actual square foot living area for each individual dwelling unit.
G.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §7, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. Except as elsewhere provided, business and
industry are specifically prohibited, and a building or premises shall
be used only for the following purposes:
1.
Multiple-family dwellings.
2.
Private clubs, except skeet and gun clubs and those the chief activity
of which is a service customarily carried on as a business.
3.
Public parks and playgrounds.
4.
Accessory buildings and uses customarily incidental to any of the
above uses, including storage garages and carports.
D.
Height Regulations. No building shall exceed four (4) stories or sixty (60) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having
a depth of not less than twenty (20) feet.
b.
Where a lot has double frontage, the required front yard shall be
provided on both streets except that a fence may extend to the property
line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets,
there shall be a front yard on each street of a corner lot, except
that the buildable width of such lot shall not be reduced to less
than thirty (30) feet and the necessary side yard requirement. No
accessory building shall project beyond the front yard line on either
side.
2.
Side yard. There shall be a side yard on each side
of the building having a width of not less than ten (10) feet unless
previously recorded with less side yard, but in no event less than
five (5) feet as approved by the Planning and Zoning Commission.
3.
Rear yard. There shall be a rear yard having a depth
of not less than fifteen (15) feet.
4.
Intensity of use.
a.
Every lot within the district, regardless of use, shall contain an
area of not less than three thousand (3,000) square feet provided
that:
(1)
A lot on which there is erected a two-family dwelling shall
contain an area of not less than three thousand (3,000) square feet
per family, and
(2)
A lot on which there is erected a multiple-family dwelling shall
contain not less than three thousand (3,000) square feet of area per
dwelling unit or more if approved by the Planning and Zoning Commission.
F.
Supplemental Requirements For Multi-Family Structures.
1.
Individual dwelling units shall have a minimum floor area of one
thousand two hundred fifty (1,250) square feet of living area, exclusive
of garages, breezeways, basements, utility rooms, cellars, entrance
halls, and any space within the building where the ceiling height
is less than seven (7) feet. Floor space shall be measured from the
outside of the building walls.
2.
Utility and/or storage space must be provided for each living unit.
Such space shall be in addition to the above one thousand two hundred
fifty (1,250) square feet minimum. The utility and/or storage space
provided must be equal to or greater than five percent (5%) of the
actual square foot living area for each individual dwelling unit.
G.
Developer's Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
[Ord. No. 99-1145 Art. 5 §8, 9-20-1999; Ord. No. 02-1342 §1, 4-15-2002; Ord.
No. 02-1343 §1, 4-15-2002; Ord. No. 02-1396 §1, 12-2-2002; Ord.
No. 04-1501 §2, 5-3-2004; Ord. No. 06-1663 §1, 4-3-2006; Ord.
No. 09-1943A §2, 7-6-2009; Ord. No. 10-1991 §1, 10-4-2010; Ord.
No. 12-2021 §1, 1-16-2012; Ord. No. 12-2040 §2, 11-5-2012]
A.
Permitted Uses — Retail Uses. Those retail uses listed
below:
1.
Apparel and accessories, excluding used apparel and accessories (which may be allowed subject to the provisions of Subsection (C) hereof).
2.
Retail bakery of not more than three thousand (3,000) square feet.
3.
Camera and photo supplies, of not less than five hundred (500) square
feet.
4.
Grocery stores including poultry, meat and fish shops not to exceed
ten thousand (10,000) square feet.
5.
Pharmacy and drug stores.
6.
Floral shops.
8.
Hardware stores.
9.
Hobby supply stores.
10.
Music, musical instruments and records with no outside speakers.
11.
Newsstands.
12.
Paint and wallpaper stores.
13.
Stationery and office supply stores.
14.
Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.
[Ord. No. 20-2301, 9-8-2020]
15.
Toy stores.
16.
Variety and department stores not to exceed ten thousand (10,000)
square feet.
17.
Fabric and sewing centers.
18.
Carpet and tile centers.
19.
Curtain and drapery sales.
20.
Picture and framing shops.
21.
Appliance stores.
22.
Radio and electronic stores with no outside speakers.
23.
Bicycle shops.
24.
Pet and supplies with no outside kennels.
25.
Furniture stores handling new finished or unfinished furniture.
26.
Rental stores with no outside storage.
27.
Specialty shops handling prepared foods such as cheese, nuts, sausage,
candy, etc.
28.
Art gallery.
29.
Sporting goods store.
30.
Optical stores.
31.
Physical fitness centers of family type dealing with total body exercise
and weight control programs.
32.
Shoe stores.
33.
Auto parts and sales with no service facilities on site.
34.
Dance school and conservatory teaching ballet, tap dancing, etc.
35.
Ice cream store selling exclusively ice cream and dairy products.
36.
Two (2) or less video game machines or pinball games in conjunction
with an established business in the commercial district of the City
of Manchester.
37.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
38.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
39.
Sexually Oriented Retail Uses (per Section 405.240(K)):
[Ord. No. 19-2259, 7-15-2019]
40.
Learning centers and tutoring facilities.
[Ord. No. 20-2283, 1-20-2020]
B.
Permitted Uses — Service Uses. Those service uses
listed below:
1.
Beauty and barber shops.
2.
Medical and dental offices.
3.
Professional photography studio.
4.
Radio, television and appliance repair.
5.
Shoe repair.
6.
Tailor shop.
7.
Locksmith.
8.
Real estate office.
9.
Professional offices: engineer, attorney, CPA, architect, etc.
10.
Financial institutions.
11.
Veterinarian clinic, with boarding for medical reasons only.
12.
Travel agency.
13.
Manufacturers' representatives where stock stored elsewhere.
14.
Maid/cleaning service, with no storage of cleaning chemicals on site.
15.
Arts and crafts classes.
16.
Auto and home glass repair contractor with no service facility on
site.
17.
Investment company.
18.
Trust company.
C.
Special Uses. The following uses may be allowed as special uses in accordance with the procedures, guides and standards in Article X, Special Uses.
1.
Ball park or athletic field, including grandstand, picnic grounds and swimming pool, where the operation is limited to the hours of 6:00 A.M. to 11:00 P.M. only. Light poles and fixtures for ball park and athletic fields may be constructed to a height of seventy-five (75) feet and may be located on or within the property lines of said facility without regard to the setback requirements under Subsection (F) of this Section.
2.
Roadside stands for temporary and seasonal periods.
3.
Church, synagogue or other place of worship.
4.
Retail stores including the following:
a.
Antique stores.
b.
Package liquor stores.
c.
Vehicle and equipment sales.
e.
Auto parts and tire stores with service facilities.
f.
Standard, drive-in, fast-casual and fast-food restaurants.
g.
Grocery stores including poultry, meat and fish shops exceeding ten
thousand (10,000) square feet.
h.
Variety and department stores exceeding ten thousand (10,000) square
feet.
i.
Home improvement center.
k.
Mini-storage/self-storage facilities satisfying each of the following
criteria:
(1)
Such facilities to be of brick construction, with the brick
being earth-tone in color or a substantially equivalent color;
(2)
Such facilities be single story;
(3)
Fencing surrounding such facilities be wrought iron with earth-tone
(or a similar color) brick piers/pillars;
(4)
No entranceways to the individual storage facilities face the
street on which the entrance to such facilities is located, unless
properly screened with a combination of masonry and wood screening
fence acceptable to the Building Official, in his/her sole discretion;
(5)
Such facilities have pitched roofs;
(6)
All landscaping be approved by the City's Planning and Zoning
Commission and Board of Aldermen;
(7)
Such facilities be located on a site of not less than three
and one-half (3½) acres nor more than five (5) acres;
(8)
A landscaped buffer area of ten (10) feet (or as may be required
by the City's Planning and Zoning Commission) surround the perimeter
of such facilities;
(9)
Such facilities not exceed, in leasable space, sixty-five thousand
(65,000) square feet;
(10)
Such facilities have a live-in, on-site manager on the premises
twenty-four (24) hours per day, three hundred sixty-five (365) days
per year (with apartment living accommodations for such manager);
(11)
Such facilities have a state-of-the-art security system;
(12)
Such facilities employ an intercom system, but not a paging
system, for security purposes;
(13)
Provide stormwater detention as may be required by the City
and/or by the Metropolitan St. Louis Sewer District; and
(14)
Such other criteria as shall be reasonably established by the
City's Planning and Zoning Commission and Board of Aldermen, after
considering the particular circumstances of an applicant.
5.
Service facilities including the following:
a.
Day care center, senior citizen center, day nursery, or day care
school.
b.
Clubs and semi-private facilities.
c.
Theaters.
d.
Amusement establishments such as bowling, game room, etc.
e.
Karate and other martial arts center.
f.
Laundry and dry cleaning, provided collection and distribution and
on-site processing shall be contingent on review of process chemicals
by Building Official and Planning and Zoning Commission, to include
adequate architecturally approved venting and flues.
g.
Nursing home.
h.
Massage therapists, provided that not more than three (3) business
licenses for massage therapists shall be issued and outstanding at
any given time, except that this limit shall not apply to massage
therapy offered as an accessory use to a principal use of medical
office.
[Ord. No. 17-2183 § 1, 5-1-2017; Ord.
No. 20-2285, 1-20-2020]
i.
Physical therapist.
j.
Children's amusement and fitness centers.
6.
Sales, repair, rental and service of equipment used by business,
industry and agriculture.
7.
New or used auto sales, storage of automobiles for sale, lawn and
garden equipment, and new and used boat sales.
8.
Lumberyards which are completely enclosed by a solid wood fence of
at least eight (8) feet in height and having no more than one (1)
opening per two hundred (200) feet of frontage on a public street;
such openings may not be more than twelve (12) feet wide and must
be provided with a gate or door which must be kept closed when the
establishment is closed.
9.
The office and display room of home repair contractors such as heating,
painting, roofing and decorating contractors, provided that any of
these uses is operated in a completely enclosed building, there is
no storage of supplies or equipment on the premises outside the building,
and no more than forty percent (40%) of the gross floor area is used
for processing and fabricating.
10.
Mortuary and ambulance service.
11.
Private stables on lots of not less than three (3) acres.
12.
Cemetery.
13.
Nurseries or greenhouses.
14.
Accessory uses; for example, external walk-in freezer, accessory
storage buildings, etc.
15.
The sale of used goods, merchandise and equipment, provided such sale is consistent with and incidental to the sale of new goods, merchandise and equipment of the same type and character as sold pursuant to a business license and/or special use permit held by the applicant for a special use permit under this Subsection (15) and, further provided, that no more than fifty percent (50%) of the gross sales/gross receipts of a recipient of any special use permit issued hereunder shall be derived from the sale of goods, merchandise and equipment.
16.
Restaurant with cocktail lounges selling liquor by the drink for
consumption on the premises.
17.
Car wash facilities.
18.
Service stations, with or without service facilities and/or other
retail sales, including the sale of intoxicating liquor in the original
package.
19.
Maid/cleaning service, with cleaning chemicals stored on site.
20.
Used apparel and accessories stores, with a maximum of three
(3) such permits being issued and outstanding at any time, in the
aggregate, in the "C-1," "C-2" and "PCD" Zoning Districts of the City.
[Ord. No. 14-2070 §1, 4-21-2014]
21.
Monument works/stonebuilding slabs.
22.
Auto body and engine repair shops, oil change and radiator shop facilities.
23.
Manufacturing facility, with stock stored on site.
24.
Printing establishment.
25.
Warehousing, storage or wholesaling of goods, materials or merchandise,
other than live animals, explosives, toxic materials or flammable
gases.
26.
Storage facilities (permanent or temporary) for recyclable materials
including, but not limited to, glass, plastic, paper, aluminum and
cardboard.
27.
Bed and breakfast establishments ("H" Historic District only).
28.
Single-family residential dwelling ("H" Historic District only).
29.
Rental and leasing of motor vehicles.
30.
Financial institutions, photo processing businesses and other commercial
businesses with drive-through facilities.
31.
Retirement homes.
32.
The sale of lottery tickets whereby a winner is determined by a drawing
or selection of a winning ticket ("Lotto" lottery tickets or its equivalent),
provided that there shall be no more than five (5) special use permits
issued hereunder in existence at any given time and, further provided,
that no more than twenty-five percent (25%) of the gross sales/gross
receipts of a recipient of any special use permit issued hereunder
shall be derived from the sale of any type of lottery ticket sold
pursuant to the State Lottery Law of the State of Missouri.
33.
Commissaries (engaged in the preparation of meals to be delivered
for consumption off the premises) satisfying each of the following
criteria:
a.
Preparation of meals to serve no less than five hundred (500) persons
per day;
b.
Meals to be prepared on Mondays through Fridays only between the
hours of 7:30 A.M. and 2:00 P.M.;
c.
There shall be strict compliance with all applicable rules and regulations
of the St. Louis County Health Department;
d.
No more than four (4) delivery vehicles shall be employed by the
holder of such special use permit;
e.
All delivery vehicles shall contain a heated cabinet for hot meals
and a refrigeration unit for cold meals;
f.
Deliveries of groceries, dairy products and produce to such commissary
shall be only between the hours of 9:00 A.M. and 4:00 P.M., Monday
through Friday;
g.
Delivery of meals shall be only between the hours of 9:00 A.M. and
4:00 P.M., Monday through Friday;
h.
Such commissary shall be operated not-for-profit; and
i.
All delivery vehicles shall be parked behind the premises so as to
not be visible from the front of the premises.
34.
Vehicle emissions testing facilities.
35.
Beauty/cosmetology schools.
36.
Any public building erected and used by any department of the County,
State or Federal Government.
37.
Lawn care services (defined as lawn fertilization, aeration, weed
control, tree and shrub spraying).
D.
Uses Specifically Prohibited.
1.
Outside storage of materials, equipment, goods, supplies and merchandise
is prohibited on any parcel of property in the "C-1" Commercial District,
except as provided herein. The display of materials, equipment, goods,
supplies and merchandise for temporary or seasonal promotions and
sales may be granted upon the prior approval of the Planning and Zoning
Administrator; such approval shall be limited to two (2) times per
calendar year, for a maximum time period of one (1) week for each
administrative approval. The Board of Aldermen may, in its discretion,
allow outside storage on a more expansive basis through the issuance
of a special use permit pursuant to the procedures established in
this Chapter.
2.
Junk yards and derelict storage.
3.
Hotel and motel.
4.
Kennel.
5.
Single-family, two-family and multiple dwellings.
6.
Pawnshops.
7.
Teen centers.
8.
Convenience stores.
E.
Non-Conforming Uses In The "C-1" Commercial District. Regulations regarding non-conforming uses in the "C-1" Commercial District are contained in Article XIV, Commercial Non-Conforming Uses.
F.
Height Regulations. A building or structure shall not exceed
thirty-five (35) feet in height unless any point on the building is
set back from the nearest point on a property line a distance equal
to the height of that point on the building, but in no event may the
height exceed seventy-five (75) feet.
G.
Yard Regulations.
1.
The minimum front, side and rear yards for all buildings hereafter
erected or structurally altered within the "C-1" Commercial District
shall conform to the following table:
|
|
District
|
Front Yard
|
Side Yard
|
Rear Yard
|
|---|---|---|---|---|
|
"C-1" Commercial
|
30 feet
|
10 feet*
|
10 feet*
| |
|
|
* This yard is required only when the yard in the "C-1" Commercial
District adjoins or abut, a residentially zoned lot of the City.
| |||
2.
In addition to the yard requirements set forth above in paragraph (1) of this Subsection (G), a buffer area must be provided at the rear and side lots zoned "C-1" Commercial and abutting a residentially zoned lot. Approval of design of the buffer area by the Planning and Zoning Commission is required. The buffer shall have a depth of eight percent (8%) of the lot but, in no event, less than ten (10) feet, unless the depth of the lot exceeds six hundred (600) feet, in which case the buffer strip shall be five percent (5%) of the depth of the lot or an average of forty-five (45) feet, whichever is greater. The buffer strip shall be at the same elevation as the adjoining or abutting residential lot or lots unless the Planning and Zoning Commission shall determine such to be impractical, in which case such Commission may impose additional requirements in order to accommodate such circumstance, including consideration of such things as the number of planted trees, size of trees, spacing of trees, or use of other methods of screening, such as fencing, so as to preserve the effectiveness of such buffer strip. At a minimum, such buffer strip shall contain trees having a minimum diameter spread at the canopy base of three (3) feet and located in double staggered rows on ten (10) foot centers. Approved plant materials shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar. All plants within the buffer shall be maintained in a healthy condition or shall be replaced. Driveways and parking areas shall not be permitted in a buffer zone. If the Planning and Zoning Commission shall determine that the aforementioned buffer strip requirements are impractical, the Commission may impose additional or varied requirements in order to accommodate the development circumstances, such may include the erection of sound walls.
H.
Screening Of HVAC Units And Refuse Containers.
1.
Heating, ventilating and air conditioning units shall be fully screened
from public view by an element of the building or by separate permanently
installed screen or fence, extending a minimum of one (1) foot above
the equipment, harmonizing with the building in material, color, size
and shape.
2.
Refuse containers or refuse storage areas shall be hidden from public
view, either from within or outside the premises, by means of fences,
walls or landscaped planting harmonizing with the building in color,
size and shape.
I.
Developers' Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
J.
Signage And Landscaping Plans. No new construction or exterior
renovation may be undertaken within the district without it first
being determined by the Building Official that the signage and landscaping
plans, if applicable, are consistent with the regulations of the City
of Manchester therefor provided.
K.
A sexually
oriented retail use permitted in the "C-1" District shall be permitted,
subject to the following conditions and restrictions:
[Ord. No. 19-2259, 7-15-2019]
1.
All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied; and
2.
All conditions and restrictions of Section 405.250(L), sexually oriented personal services, shall also apply.
[Ord. No. 99-1145 Art. 5 §9, 9-20-1999; Ord. No. 02-1343 §2, 4-15-2002; Ord.
No. 04-1501 §3, 5-3-2004; Ord. No. 06-1663 §2, 4-3-2006; Ord.
No. 09-1943A §2, 7-6-2009; Ord. No. 10-1991 §1, 10-4-2010; Ord.
No. 12-2040 §3, 11-5-2012]
A.
Permitted Uses — Retail Uses. Those retail uses listed
below:
1.
Apparel and accessories, excluding used apparel and accessories (which may be allowed subject to the provisions of Subsection (C) hereof.
2.
Retail bakery of not more than three thousand (3,000) square feet.
3.
Camera and photo supplies of not less than five hundred (500) square
feet.
4.
Grocery stores including poultry, meat and fish shops not to exceed
ten thousand (10,000) square feet.
5.
Pharmacy and drug stores.
6.
Floral shops.
8.
Hardware stores.
9.
Hobby supply stores.
10.
Music, musical instruments and records with no outside speakers.
11.
Newsstands.
12.
Paint and wallpaper stores.
13.
Stationery, card shops and office supply stores.
14.
Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.
[Ord. No. 20-2301, 9-8-2020]
15.
Toy stores.
16.
Variety and department stores not to exceed ten thousand (10,000)
square feet.
17.
Fabric and sewing centers.
18.
Carpet and tile centers.
19.
Curtain and drapery sales.
20.
Picture and framing shops.
21.
Appliance stores.
22.
Radio and electronic stores with no outside speakers.
23.
Bicycle shops.
24.
Pet and supplies with no outside kennels.
25.
Furniture stores handling new finished or unfinished furniture.
26.
Rental stores with no outside storage.
27.
Specialty shops handling prepared foods such as cheese, nuts, sausage,
candy, etc.
28.
Art gallery.
29.
Sporting goods store.
30.
Optical stores.
31.
Physical fitness centers of family type dealing with total body exercise
and weight control programs.
32.
Shoe stores.
33.
Auto parts and sales with no service facility on site.
34.
Dance school and conservatory teaching ballet, tap dancing, etc.
35.
Ice cream store selling exclusively ice cream, dairy products and
non-alcoholic beverages.
36.
Two (2) or less video game machines and pinball games in conjunction
with an established business in the commercial district of the City
of Manchester.
38.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
39.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
41.
Learning centers and tutoring facilities.
[Ord. No. 20-2283, 1-20-2020]
B.
Permitted Uses — Service Uses. Those service uses
listed below:
1.
Beauty, barber and nail shops.
2.
Medical, dental and chiropractic offices.
3.
Professional photography studio.
4.
Radio, television and appliance repair.
5.
Shoe repair.
6.
Tailor shop.
7.
Locksmith.
8.
Real estate office and land title company office.
9.
Professional offices: engineer, attorney, CPA, architect, stockbroker,
etc.
10.
Financial institutions.
11.
Veterinarian clinic, with boarding for medical reasons only.
12.
Travel agency.
13.
Manufacturers' representatives with stock stored elsewhere.
14.
Maid/cleaning service, with no storage of cleaning chemicals on site.
15.
Arts and crafts classes.
16.
Auto and home glass repair contractor with no service facility on
site.
17.
Laundry and dry cleaning collection and distribution with no on-site
processing.
18.
Printing and copy center.
19.
Investment company.
20.
Trust company.
21.
Sexually Oriented Entertainment Services (per Section 405.250(L)):
[Ord. No. 19-2259, 7-15-2019]
C.
Special Uses. The following uses may be allowed as special uses in accordance with the procedures, guides and standards in Article X, Special Uses.
1.
Ball park or athletic field, including grandstand, picnic grounds and swimming pool, where the operation is limited to the hours of 6:00 A.M. to 11:00 P.M. only. Light poles and fixtures for ball park and athletic fields may be constructed to a height of seventy-five (75) feet and may be located on or within the property lines of said facility without regard to the setback requirements under Subsection (F) of this Section.
2.
Roadside stands for temporary and seasonal periods.
3.
Church, synagogue or other place of worship.
4.
Retail stores including the following:
a.
Antique stores.
b.
Package liquor stores.
c.
Vehicle and equipment sales.
e.
Auto parts and tire stores with service facilities.
f.
Standard, drive-in, fast-casual and fast-food restaurants.
g.
Grocery stores including poultry, meat and fish shops exceeding ten
thousand (10,000) square feet.
h.
Variety and department stores exceeding ten thousand (10,000) square
feet.
i.
Home improvement center.
k.
Mini-storage/self-storage facilities satisfying each of the following
criteria:
(1)
Such facilities to be of brick construction, with the brick
being earth-tone in color or its substantially equivalent color;
(2)
Such facilities be single story;
(3)
Fencing surrounding such facilities be wrought iron with earth-tone
(or similar color) brick piers/pillars;
(4)
No entranceways to the individual storage facilities face the
street on which the entrance to such facilities is located unless
properly screened with a combination of masonry and wood screening
fence acceptable to the Building Official, in his/her sole discretion;
(5)
Such facilities have pitched roofs;
(6)
All landscaping be approved by the City's Planning and Zoning
Commission and Board of Aldermen;
(7)
Such facilities be located on a site of not less than three
and one-half (3½) acres nor more than five (5) acres;
(8)
A landscaped buffer area of ten (10) feet (or as may be required
by the City's Planning and Zoning Commission) surround the perimeter
of such facilities;
(9)
Such facilities not exceed, in leasable space, sixty-five thousand
(65,000) square feet;
(10)
Such facilities have a live-in, on-site manager on the premises
twenty-four (24) hours per day, three hundred sixty-five (365) days
per year (with apartment living accommodations for such manager);
(11)
Such facilities have a state-of-the-art security system;
(12)
Such facilities employ an intercom system, but not a paging
system, for security purposes;
(13)
Provide stormwater detention as may be required by the City
and/or by the Metropolitan St. Louis Sewer District; and
(14)
Such other criteria as shall be reasonably established by the
City's Planning and Zoning Commission and Board of Aldermen, after
considering the particular circumstances of an applicant.
l.
Convenience stores.
5.
Service including the following:
a.
Day care center, senior citizen center, day nursery, or day care
school.
b.
Clubs and semi-private facilities.
c.
Theaters.
d.
Amusement establishments such as bowling, game room, etc.
e.
Karate and other martial arts center.
f.
Laundry and dry cleaning, provided collection and distribution and
on-site processing shall be contingent on review of process chemicals
by Building Official and Planning and Zoning Commission, to include
adequate architecturally approved venting and flues.
g.
Nursing home.
h.
Massage therapists, provided that not more than three (3) business
licenses for massage therapists shall be issued and outstanding at
any given time, except that this limit shall not apply to massage
therapy offered as an accessory use to a principal use of medical
office.
[Ord. No. 17-2183 § 2, 5-1-2017; Ord.
No. 20-2285, 1-20-2020]
i.
Physical therapist.
j.
Children's amusement and fitness centers.
6.
Sales, repair, rental and service of equipment used by business,
industry and agriculture.
7.
New or used auto sales, storage of automobiles for sale, lawn and
garden equipment and new and used boat sales.
8.
Lumberyards which are completely enclosed by a solid wood fence of
at least eight (8) feet in height and having no more than one (1)
opening per two hundred (200) feet of frontage on a public street;
such openings may not be more than twelve (12) feet wide and must
be provided with a gate or door which must be kept closed when the
establishment is closed.
9.
The office and display room of home repair contractors such as heating,
painting, roofing and decorating contractors, provided that any of
these uses is operated in a completely enclosed building, there is
no storage of supplies or equipment on the premises outside the building
and no more than forty percent (40%) of the gross floor area is used
for processing and fabricating.
10.
Mortuary and ambulance service.
11.
Private stables on lots of not less than three (3) acres.
12.
Cemetery.
13.
Nurseries or greenhouses.
14.
Accessory uses; for example, external walk-in freezer, accessory
storage buildings, etc.
15.
The sale of used goods, merchandise and equipment provided such sale
is consistent with and incidental to the sale of new goods, merchandise
and equipment of the same type and character as sold pursuant to a
business license and/or special use permit held by the applicant for
a special use permit under this Subparagraph (15) and, further provided,
that no more than fifty percent (50%) of the gross sales/gross receipts
of a recipient of any special use permit issued hereunder shall be
derived from the sale of used goods, merchandise and equipment.
16.
Restaurant with cocktail lounges selling liquor by the drink for
consumption on the premises and those with drive-up service windows
or curb-hop service.
17.
Car wash facilities.
18.
Service stations, with or without service facilities and/or other
retail sales, including the sale of intoxicating liquor in the original
package.
19.
Maid/cleaning service, with cleaning chemicals stored on site.
20.
Used apparel and accessories stores, with a maximum of three
(3) such permits being issued and outstanding at any time, in the
aggregate, in the "C-1", "C-2" and "PCD" Zoning Districts of the City.
[Ord. No. 14-2070 §2, 4-21-2014]
21.
Monument works/stonebuilding slabs.
22.
Auto body and engine repair shops, oil change and radiator shop facilities.
23.
Manufacturing facility, with stock stored on site.
24.
Printing establishment.
25.
Warehousing, storage or wholesaling of goods, materials or merchandise,
other than live animals, explosives, toxic materials or flammable
gases.
26.
Storage facilities (permanent or temporary) for recyclable materials
including, but not limited to, glass, plastic, paper, aluminum and
cardboard.
27.
Bed and breakfast establishments ("H" Historic District only).
28.
Single-family residential dwelling ("H" Historic District only).
29.
Rental and leasing of motor vehicles.
30.
Financial institutions, photo processing businesses and other commercial
businesses with drive-through facilities.
31.
Retirement homes.
32.
The sale of lottery tickets whereby a winner is determined by a drawing
or selection of a winning ticket ("Lotto" lottery tickets or its equivalent),
provided that there shall be no more than five (5) special use permits
issued hereunder in existence at any given time and, further provided,
that no more than twenty-five percent (25%) of the gross sales/gross
receipts of a recipient of any special use permit issued hereunder
shall be derived from the sale of any type of lottery ticket sold
pursuant to the State Lottery Law of the State of Missouri.
33.
Commissaries (engaged in the preparation of meals to be delivered
for consumption off the premises) satisfying each of the following
criteria:
a.
Preparation of meals to serve no less than five hundred (500) persons
per day;
b.
Meals to be prepared on Mondays through Fridays only between the
hours of 7:30 A.M. and 2:00 P.M.;
c.
There shall be strict compliance with all applicable rules and regulations
of the St. Louis County Health Department;
d.
No more than four (4) delivery vehicles shall be employed by the
holder of such special use permit;
e.
All delivery vehicles shall contain a heated cabinet for hot meals
and a refrigeration unit for cold meals;
f.
Deliveries of groceries, dairy products and produce to such commissary
shall be only between the hours of 9:00 A.M. and 4:00 P.M., Monday
through Friday;
g.
Delivery of meals shall be only between the hours of 9:00 A.M. and
4:00 P.M., Monday through Friday;
h.
Such commissary shall be operated not-for-profit; and
i.
All delivery vehicles shall be parked behind the premises so as to
not be visible from the front of the premises.
34.
Vehicle emissions testing facilities.
35.
Any public building erected and used by any department of the County,
State or Federal Government.
D.
Uses Specifically Prohibited.
1.
Outside storage of materials, equipment, goods, supplies and merchandise
is prohibited on any parcel of property in the "C-2" Commercial District,
except as provided herein. The display of materials, equipment, goods,
supplies and merchandise for temporary or seasonal promotions and
sales may be granted upon the prior approval of the Planning and Zoning
Administrator; such approval shall be limited to two (2) times per
calendar year, for a maximum time period of one (1) week for each
administrative approval. The Board of Aldermen may, in its discretion,
allow outside storage on a more expansive basis through the issuance
of a special use permit pursuant to the procedures established in
this Chapter.
2.
Junk yards and derelict storage.
3.
Hotel and motel.
4.
Kennel.
5.
Single-family, two-family and multiple dwellings.
6.
Pawnshops.
7.
Teen centers.
E.
Non-Conforming Uses In The "C-2" Commercial District. Regulations regarding non-conforming uses in the "C-2" Commercial District are contained in Article XIV, Commercial Non-Conforming Uses.
F.
Height Regulations. A building or structure shall not exceed
forty-five (45) feet in height unless any point on the building is
set back from the nearest point on a property line a distance equal
to the height of that point on the building, but, in no event, may
the height exceed seventy-five (75) feet.
G.
Yard Regulations.
1.
The minimum front, side and rear yards for all buildings hereafter
erected or structurally altered within the "C-2" Commercial District
shall conform to the following table:
|
|
District
|
Front Yard
|
Side Yard
|
Rear Yard
|
|---|---|---|---|---|
|
"C-2" Commercial
|
15 feet
|
10 feet*
|
10 feet
| |
|
|
* This yard is required only when the yard in the "C-2" Commercial
District adjoins or abut, a residentially zoned lot of the City.
| |||
2.
In addition to the yard requirements set forth above in paragraph (1) of this Subsection (G), a buffer area must be provided at the rear and side lots zoned "C-2" Commercial and abutting a residentially zoned lot. Approval of design of the buffer area by the Planning and Zoning Commission is required. The buffer shall have a depth of ten (10) feet which may include the use of architectural sound walls as determined by the Planning and Zoning Commission. The buffer strip shall be at the same elevation as the adjoining or abutting residential lot or lots unless the Planning and Zoning Commission shall determine such to be impractical, in which case such Commission may impose additional requirements in order to accommodate such circumstance, including consideration of such things as the number of planted trees, size of trees, spacing of trees, or use of other methods of screening, such as fencing and sound walls, so as to preserve the effectiveness of such buffer strip. At a minimum, such buffer strip shall contain trees having a minimum diameter spread at the canopy base of three (3) feet and located in double staggered rows on ten (10) foot centers. Approved plant materials shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar. All plants within the buffer shall be maintained in a healthy condition or shall be replaced. Driveways and parking areas shall not be permitted in a buffer zone. If the Planning and Zoning Commission shall determine that the aforementioned buffer strip requirements are impractical, the Commission may impose additional or varied requirements in order to accommodate the development circumstances, such may include the erection of sound walls.
H.
Screening Of HVAC Units And Refuse Containers. Heating,
ventilating and air conditioning units shall be fully screened from
public view by an element of the building or by separate permanently
installed screen or fence, extending a minimum of one (1) foot above
the equipment, harmonizing with the building in material, color, size
and shape. Refuse containers or refuse storage areas shall be hidden
from public view, either from within or outside the premises, by means
of fences, walls or landscaped planting harmonizing with the building
in color, size and shape.
I.
Developers' Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
J.
Signage And Landscaping Plans. No new construction or exterior
renovation may be undertaken within the district without it first
being determined by the Building Official that the signage and landscaping
plans, if applicable, are consistent with the regulations of the City
of Manchester therefor provided.
K.
Effect of St. Louis County Ordinance. Any property within
the "C-2" Commercial District, which was previously within St. Louis
County's "C-8" or "PEU" Zoning Districts and which was then subject
to an ordinance adopted by the St. Louis County Council which imposed
terms and conditions on the use of such property (commonly referred
to as special use or conditional use permits), shall continue to be
governed by the terms and conditions of such ordinance of the St.
Louis County Council unless and until the terms and conditions of
such ordinance shall be modified by an ordinance adopted by the Board
of Aldermen of the City.
L.
Sexually
oriented retail or entertainment service uses permitted in the "C-2"
District shall be subject to the following conditions and restrictions:
[Ord. No. 19-2259, 7-15-2019]
2.
No more than two (2) uses permitted herein may be located within
one thousand (1,000) feet of each other. Measurements shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's business
to the nearest point on the property line of the uses noted above.
3.
The one thousand (1,000) foot restriction between such regulated
uses may be waived by the Board of Aldermen after review and recommendation
by the Commission, if the applicant demonstrates by substantial and
competent evidence that:
a.
The proposed use will not be contrary to the public interest or injurious
to nearby properties, and the spirit and intent of this Chapter will
be observed,
b.
The proposed use will not enlarge or encourage the development of
a " blighted area" as defined in the Revised Statutes of Missouri,
c.
The establishment of such use in the area will not be contrary to
any program of neighborhood conservation nor will it interfere with
any program of community renewal, and
d.
All applicable regulations of this Chapter will be observed.
[Ord. No. 99-1145 Art. 5 §10, 9-20-1999; Ord. No. 09-1943A §2, 7-6-2009; Ord.
No. 12-2040 §4, 11-5-2012]
A.
Intent. The "PCD" Planned Commercial Development District
is intended to encourage high quality commercial and office development,
not contributing to traffic congestion on Manchester Road, Big Bend
Road and Sulphur Spring Road, but, rather, providing smooth traffic
flow to and from the site, as well as internal traffic circulation;
while, at the same time, providing adequate protection for residential
properties which may abut the district.
B.
Permitted Uses. A building or land shall be used only for the following purposes, subject to site plan review and approval as provided in Article XVIII and the development standards of this Section.
1.
On a site having street frontage of less than two hundred (200) feet
on Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Medical and dental offices.
b.
Real estate offices.
c.
Professional offices: engineer, attorney, certified public accountant,
architect, etc.
d.
Other offices which, in the judgment of the Planning and Zoning Administrator
will not generate a greater flow of vehicular traffic than the above
uses.
e.
Investment company.
f.
Trust company.
2.
On a site having at least two hundred (200) feet of street frontage
on Manchester Road, Big Bend Road or Sulphur Spring Road or having
primary access from a designated arterial or major collector road
intersecting Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Apparel and accessories, excluding used apparel and accessories.
b.
Retail bakery of not more than three thousand (3,000) square feet.
c.
Camera and photo supplies of not less than five hundred (500) square
feet.
d.
Grocery stores including poultry, meat and fish shops not to exceed
ten thousand (10,000) square feet.
e.
Pharmacy and drug stores.
f.
Floral shops.
h.
Hardware stores.
i.
Hobby supply stores.
j.
Music, musical instruments and records with no outside speakers.
k.
Newsstands.
l.
Paint and wallpaper stores.
m.
Stationery and office supply stores.
n.
Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.
[Ord. No. 20-2301, 9-8-2020]
o.
Toy stores.
p.
Variety and department stores not to exceed ten thousand (10,000)
square feet.
q.
Fabric and sewing centers.
r.
Carpet and tile centers.
s.
Curtain and drapery sales.
t.
Picture and framing shops.
u.
Appliance stores.
v.
Radio and electronics stores with no outside speakers.
w.
Bicycle shops.
x.
Pet and supplies with no outside kennels.
y.
Furniture stores handling new finished or unfinished furniture.
z.
Rental stores with no outside storage.
aa.
Specialty shops handling prepared foods such as cheese, nuts, sausage,
candy, etc.
ab.
Art gallery.
ac.
Sporting goods store.
ad.
Optical stores.
ae.
Physical fitness centers of family type dealing with total body exercise
and weight control programs.
af.
Shoe stores.
ag.
Auto parts and sales with no service facility on site.
ah.
Dance school and conservatory teaching ballet, tap dancing, etc.
ai.
Ice cream store selling exclusively ice cream and dairy products.
aj.
Beauty and barber shops.
ak.
Medical and dental offices.
al.
Professional photography studio.
am.
Radio, television and appliance repair.
an.
Shoe repair.
ao.
Tailor shop.
ap.
Locksmith.
aq.
Real estate office.
ar.
Professional offices: engineer, attorney, certified public accountant,
architect, etc.
as.
Savings and loan and financial institutions.
at.
Veterinarian clinic with boarding for medical reasons only.
au.
Travel agency.
av.
Manufacturers' representatives with stock stored elsewhere.
aw.
Maid/cleaning service, with no storage of cleaning chemicals on site.
ax.
Arts and crafts classes.
ay.
Auto and home glass repair contractor with no service facility on
site.
az.
Investment company.
ba.
Trust company.
bb.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
bc.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
C.
Special Uses. The following uses may be permitted as special uses in accordance with the procedures, guides and standards of Article X, Special Uses and the development standards of this Section.
1.
On a site having street frontage of less than two hundred (200) feet
on Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Accessory uses.
2.
On a site having at least two hundred (200) feet of street frontage
on Manchester Road, Big Bend Road and Sulphur Spring Road or having
primary access from a designated arterial or major collector road
intersecting Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Ball park or athletic field, including grandstand, picnic grounds,
swimming pool, where the operation is limited to the hours of 6:00
A.M. to 11:00 P.M. only.
b.
Roadside stands for temporary and seasonal periods.
c.
Church, synagogue or other place of worship.
d.
Retail stores including the following:
(1)
Antique stores.
(2)
Package liquor store.
(3)
Vehicle and equipment sales.
(5)
Auto parts and tire stores with service facilities.
(6)
Standard, drive-in, fast-casual and fast-food restaurants.
(7)
Grocery store including poultry, meat and fish shops exceeding
ten thousand (10,000) square feet.
(8)
Variety and department stores exceeding ten thousand (10,000)
square feet.
(9)
Home improvement center.
e.
Service facilities including the following:
(1)
Day care center, senior citizen center, day nursery, or day
care school.
(2)
Clubs and semi-private facilities.
(3)
Theaters.
(4)
Amusement establishments such as bowling, game room, etc.
(5)
Monument works.
(6)
Karate and other martial arts centers.
(7)
Laundry and dry cleaning, provided collection and distribution
and on-site processing shall be contingent on review of process chemicals
by Building Official and Planning and Zoning Commission, to include
adequate architecturally approved venting and flues.
(8)
Nursing home.
(9)
Massage therapists, provided that not more than
three (3) business licenses for massage therapists shall be issued
and outstanding at any given time, except that this limit shall not
apply to massage therapy offered as an accessory use to a principal
use of medical office.
[Ord. No. 17-2183 § 3, 5-1-2017; Ord.
No. 20-2285, 1-20-2020]
(10)
Physical therapist.
(11)
Children's amusement and fitness centers.
f.
Sales, repair, rental and service of equipment used by business,
industry and agriculture.
g.
New or used auto sales, storage of automobiles for sale, lawn and
garden equipment and new and used boat sales.
h.
Lumberyards which are completely enclosed by a solid wall or a solid
wood fence of at least eight (8) feet in height and having no more
than one (1) opening per two hundred (200) feet of frontage on a public
street; such openings may not be more than twelve (12) feet wide and
must be provided with a gate or door which must be kept closed when
the establishment is closed.
i.
The office and display room of home repair contractors such as heating,
painting, roofing and decorating contractors, provided that any of
these uses is operated in a completely enclosed building, there is
no storage of supplies or equipment on the premises outside the building
and no more than forty percent (40%) of the gross floor area is used
for processing and fabricating.
j.
Mortuary and ambulance service.
k.
Private stables on lots of not less than three (3) acres.
l.
Cemetery.
m.
Nurseries or greenhouses.
n.
Accessory uses; for example, external walk-in freezer, accessory
storage buildings, etc.
o.
Restaurant with cocktail lounges selling liquor by the drink for
consumption on the premises.
p.
Car wash facilities.
q.
Automotive service stations, with or without service facilities and/or
other retail sales.
r.
Maid/cleaning service, with cleaning chemicals stored on site.
s.
Used apparel and accessories stores, with a maximum of three
(3) such permits being issued and outstanding at any time, in the
aggregate, in the "C-1", "C-2" and "PCD" Zoning Districts of the City.
[Ord. No. 14-2070 §3, 4-21-2014]
t.
Monument works/stonebuilding slabs.
u.
Auto body and engine repair shops, oil change and radiator shop facilities.
v.
Manufacturing facility, with stock stored on site.
w.
Printing establishment.
x.
Warehousing, storage or wholesaling of goods, materials or merchandise,
other than live animals, explosives, toxic materials or flammable
gases.
y.
Storage facilities (permanent or temporary) for recyclable materials
including, but not limited to, glass, plastic, paper, aluminum and
cardboard.
z.
Bed and breakfast establishments ("H" Historic District only).
aa.
Single-family residential dwelling ("H" Historic District only).
ab.
Rental and leasing of motor vehicles.
ac.
Financial institutions, photo processing businesses and other commercial
businesses with drive-through facilities.
ad.
Retirement homes.
D.
Uses Specifically Prohibited.
1.
Outside storage is specifically prohibited; however, display of merchandise
when used in conjunction with seasonal promotion and sales are permitted,
but not to exceed six (6) weeks, with approval from the Board of Aldermen.
Outside storage of new or used automobiles, lawn and garden equipment,
new or used boats and equipment used by business, industry and agriculture
may be permitted subject to other provisions of this Chapter.
2.
Junk yards and derelict storage.
3.
Hotel and motel.
4.
Kennel.
5.
Single-family, two-family and multiple dwellings.
6.
Pawnshops.
7.
Teen centers.
8.
Convenience stores.
9.
Mini-storage/self-storage facilities.
E.
Development Standards.
1.
Access. The principal means of access shall be from arterial or collector roads. Access points shall be determined by the City, but in no event shall they be closer than two hundred (200) feet to each other, except for uses itemized in Subsection (B)(1) above. Joint use of access shall be encouraged.
2.
Internal circulation. The design for internal circulation
shall be appropriately related to access points and provide for safe
and efficient movement of vehicles and pedestrians. Internal circulation
between adjacent properties shall be encouraged and the City may,
where appropriate, require cross-access easements to reserve internal
access to adjacent properties for the purpose of reducing turning
movements on Manchester Road, Big Bend Road and Sulphur Spring Road
and provide better circulation within the overall zoning district.
4.
Height regulations. A building or structure shall
not exceed thirty-five (35) feet in height unless any point on the
building is set back from the nearest point on a property line a distance
equal to the height of that point on the building, but in no event
may the height exceed seventy-five (75) feet.
5.
Protection of adjacent residential districts. Where
development will abut a residential district, a buffer area must be
provided at the rear and side lots zoned to the above district and
such abutting residentially zoned lots. Approval of design of the
buffer area by the Planning and Zoning Commission is required. The
buffer shall have a depth of eight percent (8%) of the lot or fifty
(50) feet, whichever is greater, unless the depth of the lot exceeds
six hundred (600) feet, in which case the buffer strip shall be five
percent (5%) of the depth of the lot or an average of forty-five (45)
feet, whichever is greater. The buffer strip shall be at the same
elevation as the adjacent residential lot or lots unless the Planning
and Zoning Commission shall determine such to be impractical, in which
case such Commission may impose additional requirements, in order
to accommodate such fact, with regard to such things as the number
of planted trees, size of trees, spacing of trees, or use of other
methods of screening, such as fencing, so as to preserve the effectiveness
of such buffer strip. At a minimum, such buffer strip shall be planted
with evergreens a minimum of five (5) feet tall with a minimum diameter
spread at the canopy base of three (3) feet and located in double
staggered rows on ten (10) foot centers. Approved plant materials
shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce,
Juniper and Cedar. Said plants shall be maintained in a healthy condition
or shall be replaced. Driveways and parking areas shall not be permitted
in a buffer zone. If the Planning and Zoning Commission shall determine
that the aforementioned buffer strip requirements are impractical,
the Commission may impose additional or varied requirements in order
to accommodate the development circumstances, such may include the
erection of sound walls.
6.
Setback from roadway. A front yard of at least thirty
(30) feet shall be provided along Manchester Road, Big Bend Road or
Sulphur Spring Road. A fifteen (15) foot deep landscaped open area
shall be provided adjacent to the roadway property line. No accessory
structure or sign shall be located in the required landscaped open
area.
7.
Screening of HVAC units and refuse containers. Heating,
ventilating and air conditioning units shall be fully screened from
public view by an element of the building or by a separate, permanently
installed screen or fence, extending a minimum of one (1) foot above
the equipment, harmonizing with the building in material color, size
and shape. Refuse containers or refuse storage areas shall be hidden
from public view, either from within or outside the premises, by means
of fences, walls or landscaped planting harmonizing with the building
in color, size and shape.
F.
Conversion Of Dwelling Units. No dwelling utilized for residential
purposes shall be converted to a non-residential use unless there
is first compliance with all the standards of this district.
G.
Developers' Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the centerline of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
H.
Signage And Landscaping Plans. No new construction or exterior
renovation may be undertaken within the district without it first
being determined by the Building Official that the signage and landscaping
plans, if applicable, are consistent with the regulations of the City
of Manchester therefor provided.
I.
Effect Of St. Louis County Ordinance. Any property within
the "PCD" Planned Commercial District, which was previously within
St. Louis County's "C-8" or "PEU" Zoning Districts and which was then
subject to an ordinance adopted by the St. Louis County Council which
imposed terms and conditions on the use of such property (commonly
referred to as special use or conditional use permits), shall continue
to be governed by the terms and conditions of such ordinance of the
St. Louis County Council unless and until the terms and conditions
of such ordinance shall be modified by an ordinance adopted by the
Board of Aldermen of the City.
J.
Procedure. Except as established by this Section, the procedures and requirements for filing, review and approval of a site development plan shall be the same as those set forth in Article XVII (Zoning Changes and Amendments) for other amendments to zoning district regulations or boundaries.
[Ord. No. 18-2249, 1-21-2019]
K.
A sexually
oriented retail use permitted in the PCD District shall be permitted,
subject to the following conditions and restrictions:
[Ord. No. 19-2259, 7-15-2019]
1.
All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied; and
2.
All conditions and restrictions of Section 405.250(L).
[Ord. No. 99-1145 Art. 5 §11, 9-20-1999; Ord. No. 18-2249, 1-21-2019; Ord. No. 19-2262, 7-15-2019]
A.
Purpose.
The purpose of this district is to encourage planned residential developments
as a means of creating a superior living environment, to encourage
variety in housing types and to offer an opportunity for design flexibility
which may result in an improved use of land, provision of open space
and protection of the natural beauty of the land.
B.
Application.
The "PRD" Planned Residential Development District is created as a
special residential district which is in keeping with the requirements
and regulations of all other residentially zoned districts in the
City of Manchester.
C.
Minimum
District Area. The minimum area for a "PRD" District shall be two
(2) acres, or as may be determined appropriate by the Planning and
Zoning Commission, after consideration of all relevant factors.
D.
Ownership
Control. In order that the purpose of this district shall be realized,
all of the land and the buildings and appurtenant facilities shall
be in a single ownership, or under management or supervision of a
central authority, or they shall be subject to protective covenants,
or other such supervisory lease or ownership control or agreement,
as may be necessary to carry out the provisions of this Chapter relating
to the "PRD" Planned Residential Development District.
E.
Permitted
Uses. A building or land shall be used only for the following purposes:
1.
Uses permitted in any residential district in accord with the provisions
of this Section.
G.
Area
regulations dwelling size and type, along with yard requirements,
will be determined by the Planning and Zoning Commission after consideration
of all relevant factors and sound planning principles. In cases where
land areas are petitioned to be rezoned to "PRD" Planned Residential
Development, the final development must be approved by the Board of
Aldermen.
H.
Developers'
Responsibilities Regarding Streets. For any development within the
district fronting on an existing road or street, it shall be the responsibility
of the developer to bring the road or street up to City specifications
to the centerline of the road or street plus an additional ten (10)
feet of width as per City specifications. Curbs and/or sidewalks are
to be installed by the developer on the developer's side only, if
so directed by the City.
J.
Design Standards. Developers of a "PRD" District project shall meet
the design standards specified in the subdivision regulations for
the City of Manchester and the City's construction specifications
as may then be in effect.
[Ord. No. 99-1145 Art. 5 §12, 9-20-1999; Ord. No. 01-1313 §1, 12-17-2001]
A.
Objectives Of These Provisions. The objectives of the following
provisions are to enhance the historical heritage of the City of Manchester;
to foster greater awareness and appreciation on the part of Manchester
residents for the City's historical landmarks; to insure that appropriately
designated landmarks are identified, recognized and, where practical,
preserved; and to promote the City of Manchester as a residential
and business community that has achieved progress without sacrificing
the integrity of its past development.
B.
Intent And Purpose Of These Regulations. The intent and
purpose of these regulations are as follows:
1.
To establish an "H" Historic District.
2.
To establish a method for designation of historic structures and
landmarks regardless of their locations within or beyond the limits
of a designated "H" Historic District.
3.
To preserve the historic features of the Historic District and their
aesthetic and cultural heritage as reflected in the overall fabric
of the area and the historic buildings designated by the Planning
and Zoning Commission and contained within said district.
4.
To allow for the adaptation of the Historic District to the economic
and functional requirements of the present and future development
and redevelopment of the City of Manchester.
5.
To provide an environment which will promote the future development
of the areas in a manner which is both economically beneficial to
the overall community and which complies with the guidelines to be
established by the Planning and Zoning Commission.
6.
The encourage the use of the areas for the public's education, welfare
and pleasure.
C.
Authority To Retain Professionals. The Planning and Zoning
Commission shall, subject to budgetary constraints and approval by
the Board of Aldermen, be empowered to select and retain, at its discretion,
advisors and competent professionals to assist in the administration
of these regulations.
D.
Functions And Responsibilities.
1.
For the purpose of carrying out the provisions of this Chapter, the
Planning and Zoning Commission shall establish rules and regulations
for the evaluation of the items submitted for its consideration and
shall establish procedures for the submission, evaluation and selection
of historic districts and landmarks.
2.
The Planning and Zoning Commission is hereby authorized to make a
continuous study of all buildings and structures located within the
City of Manchester which are known to be or brought to the attention
of the Commission as possible landmarks within the definitions of
this Chapter. The Commission shall have the authority to establish
criteria (which criteria shall be approved by the Board of Aldermen)
and to declare as landmarks those buildings and structures which meet
the established criteria within the definitions of this Chapter. In
making such determinations, the Commission shall take into account
the following criteria: age, architectural style, aesthetic value,
historical significance and unique and distinctive characteristics.
3.
The Planning and Zoning Commission shall review the "H" Historic
District to determine possible development that would be compatible
with the existing structures and to study potentially historically
significant structures. The Commission shall work with the historical
societies, both State and local, to facilitate the progress and development
of a historic atmosphere and to program historic events.
4.
Upon determination by the Planning and Zoning Commission of the historic
significance of a structure or parcel, written notice shall be given
to the property owner as well as others having a recognized financial
interest in the property so that they may be made aware of the historic
designation on their structure or parcel.
E.
Creation Of "H" Historic District.
1.
The rezoning of property within the City of Manchester to subject
said property to the provisions of the "H" Historic District shall
be governed by the general regulations of these Zoning Regulations
for the City of Manchester pertaining to the rezoning of property.
2.
The "H" Historic District shall be an overlay district which provides
additional regulations and controls with respect to the existing district.
Where a conflict exists between the provisions regulating the "H"
Historic District and the provisions regulating the existing district,
the provisions regulating the "H" Historic District shall prevail.
3.
The specific and detailed regulations applicable to the "H" Historic
District shall be set forth in the City of Manchester Development
Plan for the "H" Historic District as adopted by the Board of Aldermen
and as amended from time to time.
4.
Only the following uses are permitted in the "H" Historic District
and are intended to encourage an environment and use of the "H" Historic
District as an overlay on other zoning classifications that abut or
are very near to existing commercially zoned land. The overlay district
would be applied when a transition to other districts is desired and
would provide a buffer. The permitted uses specified herein are anticipated
to generate minimal traffic volumes and to create a community character:
a.
Medical and dental offices;
b.
Professional offices for such occupations as engineer, attorney,
CPA, architect and financial advisory services;
c.
Floral shops;
d.
Gift shops selling such items as china, crystal, jewelry, clocks,
etc.;
e.
Curtain and drapery sales;
f.
Picture and framing shops;
g.
Art gallery;
h.
Optical stores;
i.
Manufacturer's representative where stock is stored off-premises;
j.
Arts and crafts sales/classes;
k.
Antique stores;
l.
Bed and breakfast establishments, being defined as a building under
one (1) management, which contains not more than five (5) rooms furnished
for the accommodation or lodging of guests, with meals being provided
(designated historic buildings only); and
m.
Single-family residential dwelling (designated historic buildings
only).
n.
Beer and wine garden, including the sale of food and liquor
to be consumed on the premises. Sale of package liquor shall be prohibited.
A limited breakfast menu (e.g., coffee and pastries) shall be permitted
in conjunction with such wine and beer garden operation (designated
historic buildings only).
[Ord. No. 15-2116 §1, 9-8-2015]
F.
Landmark Designation. Whenever a building or structure has
been officially designated a landmark (whether such landmark is within
the established "H" Historic District or outside the boundaries thereof)
within the meaning of this Chapter, such fact shall be publicly declared
by the Commission and shall be transmitted to the Building Official
for the City of Manchester who is hereby charged with the duty of
maintaining an official landmark register in which shall be entered
all such designations, adequately described for proper identification.
A statement of considerations in making such designation shall also
be filed by the Commission with the Building Official, who shall maintain
such statement for public inspection.
G.
Non-Conforming Uses. The lawful use of any building, structure
or land existing at the time of adoption of this Chapter or at the
time of change of any of the regulations herein may be continued although
such use does not conform with the provisions of the regulations hereunder,
or as amended, subject to the following:
1.
Improvements may be made to the interior of a structure with the
prior approval of the Planning and Zoning Commission.
2.
Any improvement, including alterations or additions, involving work
on the exterior of the structure, paving or change of grade shall
be submitted to the Planning and Zoning Commission for review by it
of the impact of such proposed improvements on the historic aesthetics
of the building and surrounding area.
3.
Any improvement, including alterations or additions, involving work
on the exterior of the structure shall be submitted to the Planning
and Zoning Commission for consideration under the regulations governing
exterior design of buildings so as to conform with the requirements
of the City of Manchester Development Plan for the "H" Historic District
as adopted by the Board of Aldermen and as amended from time to time.
4.
In the event of damage to or destruction of a building resulting
from any cause, such building may be reconstructed, repaired, rebuilt
and continued in use only after approval of an application therefor
by the Planning and Zoning Commission, provided that nothing herein
shall prevent the strengthening or restoration to safe condition of
any portion of the building declared unsafe by the Building Official
and, further provided, that such building shall, when possible, be
reconstructed, repaired and rebuilt in a manner intended to preserve
its historic character.
5.
A non-conforming building, structure or use may be changed to another
non-conforming use of the same or more restricted classification.
H.
Purpose And Intent Of Exterior Design Regulations For The "H" Historic
District. The intent and purpose of the following regulations
are as follows:
1.
To preserve the historic feature of the "H" Historic District.
2.
To stabilize and strengthen commercial and residential property values
in such area.
3.
The establishment of exterior design regulations for non-historic
structures within the "H" Historic District are to promote the continuity
of the district.
I.
EXTERIOR ARCHITECTURAL FEATURE
HISTORIC BUILDING
Definitions. As used in this Section, the following words
shall have the following meanings:
The architectural style and general arrangement of such portion
of the exterior of a structure which is open to view from a street
including, but not limited to, the kind, color and texture of the
building materials, type and design of all windows, doors, lights
and other appurtenances, the location of and adequacy of vehicular
access, if any, the location and treatment of parking areas, and landscaping.
Any structure which has been designated a historic building
by the Planning and Zoning Commission in the manner provided for herein.
J.
Submission Of Plans For Exterior Changes Or Demolitions.
1.
Before the issuance by the Building Official of a permit for the
erection of any new buildings, the alteration or addition of any building
or the demolition of any historic building within the "H" Historic
District, an application by the owner for a permit to undertake any
of the above actions shall be made to the Planning and Zoning Commission.
2.
An application shall be accompanied by:
a.
Preliminary plans and exterior elevations drawn with sufficient detail
to show the exterior or architectural design, and the proposed texture
and color of materials to be used,
b.
A site plan containing the existing and proposed size, location and
qualities of all buildings or other structures, landscaping, parking
and access provisions, public right-of-way and any other easements,
c.
Detailed information as to lighting, signage and landscaping,
d.
Clear photographs of the portion of the building affected, the site
and the adjoining buildings and sites, and
e.
Such other materials and documentation as the Planning and Zoning
Commission may require to evaluate the application.
K.
Upon Application.
1.
As soon as practical after an application has been filed for a permit
with the Building Official for the erection of any new building, the
alteration or addition to any building or the demolition of any historic
building within the "H" Historic District, the applicant shall present
such application and associated materials to the Commission.
2.
As soon as feasible, but not later than sixty (60) days after reviewing
said application, the Planning and Zoning Commission shall render
a decision on the application for said permit.
3.
The Planning and Zoning Commission shall base its determination on
the compliance or non-compliance of the application with the "H" Historic
District regulations. In its deliberation, the Planning and Zoning
Commission shall consider whether the proposed construction, alterations
or additions are appropriate to the "H" Historic District, the area's
environmental design quality, the historic and architectural qualities
of the "H" Historic District, and the zoning provisions applicable
to the area.
4.
In case of disapproval, the Planning and Zoning Commission shall
state the reasons therefore as a matter of public record and may make
recommendations in regard to the design, the exterior treatment or
other features of the proposed development which may make the application
acceptable.
5.
In reviewing applications for demolition of designated historic buildings,
the Planning and Zoning Commission shall determine whether the owner
seeks to demolish the structure immediately for the purpose of constructing
a new building or other income-producing facility which is compatible
with the "H" Historic District plan and with historic and architectural
qualities, or if the owner seeks to demolish the structure for the
purpose of terminating the operation of the improvement and/or replacing
it with a building of a non-historic character.
6.
In the case of application for the demolition of a designated historic
building for the purpose of terminating the operation of the improvement
and/or replacement of it with a building of a non-historic character,
the Planning and Zoning Commission, as promptly as practical and with
the aid of such experts as it deems necessary, shall devise, in consultation
with the applicant, a plan whereby the structure may be preserved.
7.
The owner of a designated historic building shall be bound by the
plan proposed by the Planning and Zoning Commission, except that the
owner may appeal said plan to the City's Board of Adjustment within
ten (10) days after receipt of the plan from the Planning and Zoning
Commission. The Board of Adjustment shall, thereafter, affirm or reverse
the decision by the Planning and Zoning Commission concerning said
plan, which such decision by the Board of Adjustment shall conform
in all respects to the provisions of these Zoning Regulations and
which shall be final and binding on the City and applicant.
L.
Exclusions. Nothing in this Chapter shall be construed to
prevent ordinary maintenance or repair of buildings within the "H"
Historic District which involve no change in design, material, color
or outward appearance, nor shall it be so construed as to affect any
permit issued by the Building Official prior to the effective date
of this Chapter.
M.
Stopping Work Without A Permit. The Building Official shall
promptly stop any work initiated without or contrary to a permit issued
under this Chapter.
N.
Landmarks Fund. The Board of Aldermen is hereby authorized
to accept gifts and grants on behalf of the City of Manchester made
specifically for the study, acquisition, designation and preservation
of officially designated landmarks. All such gifts and grants accepted
by the City shall be set aside in a special fund known as the "Landmarks
Fund" and such fund shall be distributed, administered and disbursed
by the City Administrator after consultation with the Board of Aldermen,
based upon the recommendations of the Planning and Zoning Commission.
O.
Approval By Board Of Aldermen Of Applications For Demolition Of Designated
Historic Buildings. Notwithstanding anything herein to the
contrary, the approval by the Planning and Zoning Commission of an
application for the demolition of a designated historic building shall
not be considered final until such approval has been reviewed and
approved by the Board of Aldermen of the City or until the expiration
of sixty (60) days of such approval by the Planning and Zoning Commission,
whichever shall occur first.
P.
The Variance Of Requirements Due To The Widening/Relocation Of Highway
141 (Woods Mill Road). An historic building, as designated
on the Historic Master Plan for Manchester, which is proposed to be
relocated within the "H" Historic District of the City of Manchester
because of, and only because of, the widening/relocation of Highway
141 (Woods Mill Road) and which would otherwise be destroyed if not
so relocated, shall comply, other relevant provisions of this Chapter
notwithstanding, with the following criteria:
1.
The front yard of such historic building shall be not less than seven
(7) feet; and
2.
The parking requirements for such historic building shall be as determined
appropriate by the Planning and Zoning Commission, but in no event
less than fifty percent (50%) of the parking spaces required by these
Zoning Regulations of the City of Manchester.
[Ord. No. 13-2053 §1, 6-17-2013]
A.
Intent.
1.
The purpose of the following provisions is to recognize the
historical heritage of the City of Manchester; to promote the Planned
Business Development District as both a residential and business community;
and to allow for the adaptation of the Planned Business Development
District into a walkable town center as present and future development
and redevelopment is achieved.
2.
The "PBD" District allows for a wide range and diversity of
land uses to encourage a denser pattern of development particularly
where retail, office or residential uses mix within multistoried buildings.
Strong, pedestrian connections within the District facilitates human
connection and interaction, and minimizes traffic congestion. The
"PBD" is supported by open spaces, plazas, fountains, public art,
public parking, lighting, directional signage, other streetscape improvements
and, where possible, mass transit service.
3.
The intent of the Planned Business Development District is to
allow a mix of uses that complement the historic design of buildings
by their size, nature, and appeal to the public. Site consolidation
for redevelopment may occur with special consideration for parking,
access management, traffic considerations, drainage, land and streetscaping,
and design features in concert with the vision articulated in the
City's Comprehensive Plan.
B.
Permitted Uses. The following uses have been determined
to be consistent with the purpose and intent expressed for the District.
The intent of the Planned Business Development District is to allow
a mix of uses that complement the historic design of buildings by
their size (less than eight thousand (8,000) square feet, unless otherwise
specified), nature, and appeal to the public. These uses are allowed,
provided they receive all the necessary approvals and permits from
the City of Manchester:
1.
Accessory uses.
2.
Antique stores.
3.
Arts and crafts instruction.
4.
Art gallery.
5.
Bakery (less than three thousand (3,000) square feet).
6.
Beauty salons and barber shops (no massage services).
7.
Camera and photo supplies without drive-through.
8.
Civic, community organization facilities without liquor sales
or consumption on the premises.
9.
Curtain and drapery stores (window treatments).
10.
Dentists and dental services.
11.
Floral shops.
12.
General office.
13.
Hardware stores.
14.
Hobby supply and toy stores.
15.
Ice cream stores.
16.
Medical offices.
17.
Music and musical instruments.
18.
Optical stores.
19.
Paint and wallpaper stores.
20.
Pet and pet supply stores without kennels.
21.
Physical therapists.
22.
Picture and framing stores.
23.
Professional offices (e.g., engineer, architect, accountant,
attorney).
24.
Radio, appliance, and television repair.
25.
Real estate offices.
26.
Restaurants (e.g., drive-in, fast food) without drive-through
(less than five thousand (5,000) square feet).
27.
Restaurants (e.g., standard) without liquor sales or consumption
on the premises (less than five thousand (5,000) square feet).
28.
Shoe repair.
29.
Specialty food stores.
30.
Sporting good stores.
31.
Stationery and office supply stores.
32.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
33.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
C.
Special Uses. The following uses have been determined to be consistent with the purpose and intent of the District, provided a special use permit has been obtained (see procedures, guides and standards set forth in Article X of this Chapter), and the special use is less than eight thousand (8,000) square feet unless otherwise specified:
1.
Accessory uses.
2.
Apparel and accessories (clothing stores).
4.
Civic, community organization facilities with liquor sales or
consumption on the premises.
5.
Gift, novelty and souvenir shops.
6.
Government services (County, State, Federal).
7.
Grocery stores.
8.
Hotel and motel.
9.
Photography studio.
10.
Residential (second floor, multifamily in mixed uses).
11.
Restaurants (e.g. drive-in, fast food) with drive-through.
12.
Restaurants (e.g. standard) with liquor sales or consumption
on the premises.
13.
Sports teams and clubs, including karate and martial arts.
14.
Theaters (e.g. live, playhouse).
15.
Used apparel stores.
17.
Wine shop/boutique.
18.
Financial Institutions.
[Ord. No. 16-2142 §1, 4-18-2016]
19.
Mortuary, without a crematorium.
[Ord. No. 16-2165 § 1, 11-21-2016]
20.
Microbrewery.
[Ord. No. 18-2216, 5-7-2018]
D.
Uses Specifically Prohibited.
1.
Outside storage is specifically prohibited; however, display
of merchandise when used in conjunction with seasonal promotion and
sales are permitted, but not to exceed six (6) weeks, with prior approval
from the Board of Aldermen.
2.
Junk yards and derelict storage.
3.
Kennels.
4.
Pawnshops.
5.
Teen centers.
6.
Convenience stores.
7.
Mini-storage/self-storage facilities.
E.
Development Standards.
1.
Setbacks and height restrictions.
a.
Height regulations. A building or structure
shall not exceed thirty-five (35) feet in height.
b.
Setback from roadway. Buildings will be permitted
to be built up to the right-of-way/property line where there is street
frontage. There will be no side yard setback requirements; however,
where it is planned to have a pedestrian corridor between buildings
or a landscape periphery, those can be determined through the site
plan approval process. The interior or rear portions that do not abut
street frontage may be paved for drive aisles, parking lots or landscaped
as needed to satisfy other provisions of these District requirements.
2.
Building materials and design.
a.
Materials.
(1)
Where buildings are preserved or maintained, original
materials should be used in rehabilitation, renovation, and reconstruction.
Where they cannot, new material should match the original in design,
color, texture, and other visual qualities. Substitute materials are
acceptable if the form and design of the substitute conveys the visual
appearance of the original.
(2)
For new construction, brick, brick-like or stone
materials are the most appropriate materials on facades facing a street,
walkway or parking lot and are required. Other masonry units may be
used on interior walls. Synthetic sidings such as vinyl, aluminum
and synthetic stucco (EIFS products) are not historic cladding materials
in the Planned Business Development District and their use is prohibited.
b.
Design.
(1)
The buildings in the current area to be covered
by the Planned Business Development District vary tremendously with
different architectural styles and by historic periods. Such details
include cornices, roof overhangs, chimneys, lintels, sills, brackets,
exterior materials, window openings, window shutters, entrance decoration,
and storefront elements. It is important to acknowledge that many
of the older buildings have recognizable architectural styles and
features. If renovated or rehabbed, these unique features are encouraged
to be maintained or restored on existing buildings.
(2)
With possible in-fill development and redevelopment,
this new development pattern is expected to enhance the potential
of the Planned Business Development District. Walls between buildings
could be shared or abut each other on the sides, and the fronts facing
the street should abut the public right-of-way. The design of new
development/redevelopment should be harmonious in form, materials,
siting and scale. Features on new construction shall reinforce scale
and character of the surrounding area by including elements such as
storefronts, vertical and horizontal divisions, upper story windows
and decorative features. Dividing facades into bays helps reduce the
scale, and adding detailed elements creates a human scale for the
entire block.
(3)
New buildings should be similar in mass and scale
with adjacent structures or to the common overall building mass within
the block. Facades facing streets and parking lots should have character-defining
elements, including, but not limited to, windows, entrances/doorways,
transoms, cornices, awnings, lighting, signage and color. New additions
should not destroy historic materials that characterize the property,
and the new additions should differentiate themselves from the existing
building but be compatible with the massing, size, scale, and architectural
features of the existing building and surrounding styles.
c.
Openings: windows and storefronts. New construction
in the District should follow the rhythm, patterns, and ratio of walls
to windows and doors of existing buildings as much as possible and
relate to and be compatible with adjacent facades. New buildings or
design shall follow traditional openings such as the recessed jamb
on masonry buildings and the surface-mounted frame on frame buildings
or have some other unique, defining character as opposed to designing
openings that are flush with the rest of the wall. Traditionally designed
commercial buildings will have distinctive rows of upper floor windows
and storefronts on the first level. They may vary in size, type, and
decoration, but the windows, frames, openings, and spacing shall be
uniform on each floor. Large display windows are encouraged at the
street level. Window types should be compatible with those found in
the District, and window framing appropriate to the historic profile
is acceptable. Any paned windows should be truly divided and not have
the clip-on, fake muntin bars which are not permitted. Storefront
entrances should be centered on the wall with a recessed entrance
door. Above-the-door windows and display windows should have continuous
transom windows capped with a cornice that also separates the storefront
from the upper floors. This area could also serve as sign area. Any
new or replacement windows should provide character definition to
the building. Clear, insulated glass is recommended, although interior
storm windows may be added. Tinted or reflective glass or applied
films are not permitted.
d.
Rear of buildings. The rear of the buildings
facing an interior parking area shall provide an entrance to the store.
Install adequate lighting with sufficient brightness and style that
relates to the character of the building for customer and store security.
Rear entry points shall have enough space to comfortably enter the
building and meet all handicapped requirements. Ensure fire escapes
meet safety regulations and that no site elements inhibit proper egress.
Ensure rear porches are well maintained and if used as upper floor
entrance(s), are well lit and meet the building codes. Trash and recycling
containers should be kept away from the rear of the buildings. Consolidate
and screen mechanical and utility equipment in one location. Landscape
planters to enhance and highlight the rear entrance shall be provided.
e.
Signs. Signs in the Planned Business Development
District shall be restricted to 1) projecting signs, 2) wall signs,
3) window signs, 4) electronic message signs, 5) ground signs, 6)
monument signs, and 7) directional signs. (Signs on awnings are covered
in the next Section.) They shall be placed so that they do not obstruct
architectural elements and details that define the design of the building.
Ground or monument signs, in general, are not an appropriate type
of sign in a downtown area except for use in the front yard of a residence
that has been converted to commercial use or, in the case of certain
recognized uses, where the building is not positioned near the edge
of the right-of-way.
[Ord. No. 15-2097 §1, 2-17-2015]
(1)
Projecting signs. The bottom edge
of projecting signs for commercial buildings should be at least ten
(10) feet above the sidewalk and project no more than three (3) feet
from the surface of the building. They should not be placed above
the cornice line of the first floor level unless they have a clearance
of less than ten (10) feet. The sign area shall be limited to twenty-four
(24) square feet. For residential-type buildings used for commercial
purposes, projecting signs attached to the wall at the first floor
or porch column are appropriate and should not be located higher than
the top of the porch.
(2)
Wall signs. Flat wall signs for
commercial buildings can be located above the storefront, within the
frieze of the cornice, on covered transoms, or on the pier that frames
display windows or generally on flat, unadorned surfaces of the facade
or in areas clearly suitable for sign locations. For residential-type
buildings used for commercial purposes, a flat sign attached to the
wall at the first floor or between the porch columns is appropriate.
Wall signs shall be no more than five percent (5%) of the outline
of the wall that faces a street or parking area. No signs shall be
painted on the buildings; however, wall murals for public art purposes
shall be considered after careful review by the Building Official
for compatibility with the district character.
(3)
Window signs. Window signs (interior
and exterior) should be approximately five and one-half (5.5) feet
above the sidewalk at the center point. Optional locations could include
eighteen (18) inches from the top or the bottom of the display window
glass. Window signs shall be permitted on the glazing of doors and
on upper floor windows for separate building tenants. Window signs
shall be limited to one (1) window per wall and not exceed twenty-five
percent (25%) of that window. Electronic message signs in windows
shall be no more than two (2) square feet and only display whether
the establishment is open or closed and time and temperature. There
shall be no advertising with electronic message signs in windows.
(4)
Electronic message signs.
(a)
An electronic message sign will only be allowed
on a lot in excess of one-half (1/2) acre.
[Ord. No. 18-2205, 2-5-2018]
(b)
The location of the sign shall be erected only
by attachment to or placement as a ground or monument sign. The ground
or monument sign with an electronic message sign shall not exceed
nine (9) feet in height. No electronic message signs shall be added
to an existing or new pole, pylon, wall, or window signs.
(c)
The maximum area of such sign shall not exceed
forty-five (45) square feet or fifty percent (50%) of the total sign
area for the ground or monument sign, whichever is less. The base
of the ground or monument sign shall not be included in the sign area
calculations.
(d)
Only one (1) electronic message sign per establishment
is allowed.
(e)
The leading edge of the sign shall be a minimum
distance of one hundred (100) feet from an abutting City residential
district boundary.
(f)
Animation that does not flash or blink may be used
as background. This shall not include video signs which, in all circumstances,
are prohibited.
(g)
The text displayed per line on the message signs
at any one (1) time shall be limited to fifteen (15) words.
(h)
The use of flashing, blinking characters or continuous
message movement is prohibited.
(i)
The maximum brightness of electronic message signs
shall not exceed five thousand (5,000) candelas per square meter during
the daylight hours or five hundred (500) candelas per square meter
between sunset to sunrise. The sign must have an automatic dimmer
control or other photosensitive device which automatically adjusts
the brightness and contrast of the sign from the higher allowed illumination
level to the lower allowed level for the time period between one-half
(1/2) hour before sunset and one-half (1/2) hour after sunrise.
(j)
Any portion of the message must have a minimum
duration of five (5) seconds and must be a static display. Transition
time must be no longer than one (1) second.
(k)
The message displayed on such sign may be changed
no more than twice in any twelve-hour period.
(l)
Electronic signs, such as gas prices or time and
temperature, will not be restricted in frequency of message change
but must follow all signage regulations set forth in this Chapter.
(m)
Audio speakers or any form of pyrotechnics are
prohibited.
(n)
Changes to the text on an electronic message sign
will not require subsequent permits; however, it is expected that
all graphics and lettering shall meet the public decency standards
of the City.
(o)
Electronic message signs shall contain a default
design that will freeze the design in one (1) position if a malfunction
occurs.
(5)
Ground signs.
(a)
A ground sign shall not be erected so as to obstruct
free access to, or egress from, any building.
(b)
A ground sign shall not be set nearer to the street
lot line than the established building line.
(c)
The bottom capping of all ground signs shall be
at least thirty (30) inches above the ground, but the intervening
space may be filled with open lattice work or platform decorative
trim.
(d)
Not more than two (2) ground signs are allowed
on the interior portion of a lot (i.e., not at the building lines)
and each must be a minimum of thirty-five (35) feet from the property
line. One (1) sign may not exceed fifty (50) square feet in size and
a second sign shall not exceed twenty-five (25) square feet in size.
(e)
In no event may any ground sign exceed fifty (50)
square feet in size.
(f)
Ground signs in the front yard of a residence that
has been converted to commercial use shall be five (5) feet back from
the property line and shall not exceed five (5) feet in height.
(6)
Monument signs.
(a)
Each building or land use located on a separate
lot or parcel of land within the district may have one (1) monument
sign for each street the lot or parcel of land has frontage on.
(b)
No monument sign shall exceed ten (10) feet in
height or exceed fifty (50) square feet in sign area.
(c)
Monument signs in the front yard of a residence
that has been converted to commercial use shall be five (5) feet back
from the property line and shall not exceed five (5) feet in height.
(d)
Monument signs shall be indirectly lit with a shielded
light source and shall not be made of plastic or plexiglass.
(8)
Temporary signage. Refer to Section 405.320(N) for these regulations.
f.
Awnings and canopies.
(1)
Awnings can contribute to the overall image of
the Planned Business Development District by providing visual continuity
for an entire block, helping to highlight specific buildings, and
covering any unattractively remodeled transom areas above storefronts.
They also protect pedestrians from the weather, shield window displays
from sunlight and conserve energy. There are three types of awnings
permitted in the District: 1) standard slope fabric awnings, 2) boxed
or curved fabric awnings and 3) canopies and marquees. Aluminum or
plastic awnings are not permitted.
(a)
Design and placement. Awnings
and canopies should be placed over storefronts, porches, doors or
window openings so they do not obscure elements and damage materials.
Designs shall not interfere with existing signs or distinctive architectural
features for the building or with street trees, lights or other elements
along the street. The bottom of the awning valance must be at least
seven (7) feet above the ground or sidewalk to which it relates. The
color of the awning should be coordinated with the overall building
color scheme. Solid colors, wide stripes, and narrow stripes may be
appropriate, but not overly bright or complex patterns. Shiny, plastic-like
fabrics are not permitted.
(b)
Signs on awnings. Only the front
panel or valance of the awning shall be allowed for signage. Letters
can be sewn, screened, applied or painted on the awning fabric. The
minimum space between the edge of the letter and the top and bottom
of the valance should be two (2) inches.
(2)
In aggregate, there shall be no more than two (2)
signs per wall facing a street of parking area (excluding a ground
or monument sign), and the total square footage of all signage shall
not exceed fifty (50) square feet.
3.
Traffic management.
a.
Access. Access management guidelines are intended
to reduce direct curb cuts onto Manchester Road from individual properties.
Through directional signage and other visual clues, traffic in the
District will be funneled back onto Manchester Road at signalized
intersections. Only through redevelopment will existing curb cuts
be eliminated. In addition, developers shall be responsible for installing
signals, medians, creating turn lanes and other improvements to facilitate
access management within the Manchester Road corridor as well as approaches
to and from the intersecting streets. As Manchester Road is under
the jurisdiction of MoDOT, any work in the Manchester Road corridor
will require its approval. Traffic studies including progression analyses
and other studies including signal warrants may be required for MoDOT
to agree to major corridor improvements.
b.
Internal circulation between properties. The
design for internal circulation shall be appropriately related to
access points and provide for safe and efficient movement of vehicles
and pedestrians between adjacent properties. Internal circulation
between adjacent properties should be facilitated with cross-access
easements and the connecting of parking lots in order to reduce the
number of short trips on Manchester Road.
c.
Circulation within the overall "PBD" Zoning District. To the extent possible, redevelopment should encourage and facilitate
the establishment of a grid network of streets to improve the overall
flow of traffic in the District. This is coupled with the installation,
where possible, of secondary streets running parallel to Manchester
Road. In addition to relieving traffic pressure on Manchester Road,
the secondary system of streets will serve as the primary access point
for adjoining businesses and their parking lots.
4.
Streetscape.
a.
Trees, plantings, and open space. Tree plantings
and other plantings, especially indigenous species that require minimal
maintenance, shall be provided in all public areas. Care shall be
taken in selection of such plantings so that the canopy effect does
not block storefronts and signage of adjacent commercial buildings.
Portable landscape planters may be used where appropriate so long
as they do not block sidewalks.
b.
Streets, parking, and paving. Where new streets
are created, there should be an effort to connect into the existing
grid network to provide alternative access through the District other
than on Manchester Road. Paving should be of a consistent material.
On new streets or where streets are widened, sidewalks, street trees,
and other elements that emphasize human scale shall be provided. Parking
lots shall be screened with trees and shrubs from adjacent streets
and sidewalks and include interior planting islands to provide shade
and visual relief from large expanses of paving. These areas shall
have irrigation or available water for landscape maintenance. Install
adequate lighting in parking areas to provide security, selecting
appropriate historically styled light fixtures for the historic setting.
c.
Pedestrian walks and curbs. Paving units such
as brick pavers or patterned concrete materials shall be used on all
pedestrian walks. Where there are curb cuts for vehicular access across
pedestrianways, they shall be marked with a change in materials, texture,
color, or grade. Curbing shall be of a stone or exposed concrete aggregate.
Distinctive crosswalk treatments at key intersections or crossings
are encouraged. Pedestrian links to important areas of activity shall
be provided. Street furniture elements and obsolete signs and poles
shall not block sidewalks.
d.
Street furniture and lighting. The styled light
fixtures on the south side of Manchester Road in the District shall
be expanded to the other streets in the District. The design of these
may vary in different parts of the District. Adequate lighting at
critical areas of pedestrian/vehicular conflict such as parking lots,
alleys and crosswalks shall be provided. These light standards shall
provide outlets for seasonal lighting and brackets for hanging banners
and decorations for special events. Historic-style benches shall be
placed at key locations in the District, and trash receptacles should
match in design. Existing or future street furniture such as newspaper
boxes, bicycle racks, drinking fountains, planters and bollards shall
be compatible in design, color and materials with existing materials
used in the District.
e.
Signals and utilities. Utilities shall be placed
underground wherever possible or located behind buildings. Surface
equipment shall be screened. Transformers and overhead wires shall
be placed so they are as visually unobtrusive as possible. Dumpsters
and trash storage shall be similarly sited and screened.
f.
Public signs, plaques, fountains, and art. Public
directional and informational signs in the District shall conform
to existing City standards created for this purpose. Logos, colors
and lettering styles shall conform as additional signage is needed
in the District. Street identification and block numbering shall conform
to the standards developed for the District, including the distinctive
logo and colors. Local historical plaques commemorating significant
events, buildings, landmarks, and individuals shall be provided in
the District. Fountains, plazas, benches, and seasonal plantings that
add a historic element or design shall be provided where appropriate.
Public art in the form of sculptures, monuments and statues may be
installed but only if it does not block the path of pedestrians. Wall
murals will be considered on exposed walls and with an appropriate
design. There shall be no commercial advertising in any way on a wall
mural. Traffic signal control boxes may be designed and painted with
appropriate approvals.
g.
Sidewalk cafes. Elements separating the outdoor
dining area from the pedestrianways and sidewalks shall consist of
G-7 size chains or larger, bollards three (3) inches in diameter,
and wrought iron or painted metal. Black shall be the preferred color
for these elements.
h.
Screening of HVAC units and refuse containers. Heating, ventilating and air-conditioning units shall be fully screened
from public view by an element of the building or by a separate, permanently
installed screen or fence, extending a minimum of one (1) foot above
the equipment, harmonizing with the building in material color, size
and shape. Refuse containers or refuse storage areas shall be hidden
from public view, either from within or outside the premises, by means
of fences, walls or landscaped planting harmonizing with the building
in color, size and shape.
Ord. No. 19-2272, 10-21-2019; Ord. No. 23-2398, 10-2-2023]
A.
Intent. Because the City's Comprehensive Plan and future land
use map do not identify industrial land uses as a priority, the City
has not identified any specific areas in which industrial uses are
permitted as of right. However, because the Missouri Constitution
was amended to state that, "No local government shall prohibit medical
marijuana cultivation facilities, medical marijuana testing facilities,
medical marijuana-infused products manufacturing facilities, or medical
marijuana dispensary facilities, or entities with a transportation
certification either expressly or through the enactment of ordinances
or regulations that make their operation unduly burdensome," the City
is creating the "PLMD" Planned Light Manufacturing/Industrial Development
District. It is also the intent of these "PLMD" District regulations
to increase the flexibility of development design through evaluation
and approval of a redevelopment plan. Approval of a redevelopment
plan shall be considered a legislative act of rezoning. Any ordinance
approving a redevelopment plan shall be deemed to incorporate the
provisions of this Section. Finally, the "PLMD" District is intended
to create a process for high-quality, light industrial/manufacturing
developments that will not disturb the quiet enjoyment of the residential
neighborhoods, will not contribute to traffic congestion on Manchester
Road, Big Bend Road and Sulphur Spring Road, and will be of an intensity,
location and nature so as to be compatible with its surroundings.
Although dependent on the circumstances and intensity of a specific
proposed use, the most likely location for a "PLMD" District is on
lots fronting Gaywood Drive or Howard George Drive north of Grand
Glaize Creek.
B.
Planned Uses. The following list of uses establishes the principal
uses that are permitted by a planned use in the "PLMD" District. Any
use not listed is specifically prohibited.
1.
Comprehensive Marijuana Cultivation Facility.
2.
Comprehensive Marijuana-Infused Products Manufacturing Facility.
3.
Marijuana Testing Facility.
4.
Medical Marijuana-Infused Products Manufacturing Facility.
5.
Medical Marijuana Cultivation Facility.
6.
Medical Marijuana Transportation Facility.
7.
Microbusiness Wholesale Facility.
8.
Transportation Facility.
C.
Development Plan Process. Proposed planned uses under this Section require the submittal and approval of a site development plan pursuant to Section 405.820(C).
D.
Development Standards.
2.
Access. The principal means of access shall be from arterial
or collector roads. Access points shall be determined by the City,
but in no event shall they be closer than two hundred (200) feet to
each other. Joint use of access shall be encouraged.
3.
Internal Circulation. The design for internal circulation shall
be appropriately related to access points and provide for safe and
efficient movement of vehicles and pedestrians. Internal circulation
between adjacent properties shall be encouraged, and the City may,
where appropriate, require cross-access easements to reserve internal
access to adjacent properties for the purpose of reducing turning
movements on Manchester Road, Big Bend Road and Sulphur Spring Road
and provide better circulation within the overall zoning district.
5.
Height Regulations. A building or structure shall not exceed
thirty-five (35) feet in height unless any point on the building is
set back from the nearest point on a property line a distance equal
to the height of that point on the building, but in no event may the
height exceed seventy-five (75) feet.
6.
Protection Of Adjacent Residential Districts. Where development
will abut a residential district, a buffer area must be provided at
the rear and side lots zoned to the above district and such abutting
residentially zoned lots. Approval of design of the buffer area by
the Planning and Zoning Commission is required. The buffer shall have
a depth of eight percent (8%) of the lot or fifty (50) feet, whichever
is greater, unless the depth of the lot exceeds six hundred (600)
feet, in which case the buffer strip shall be five percent (5%) of
the depth of the lot or an average of forty-five (45) feet, whichever
is greater. The buffer strip shall be at the same elevation as the
adjacent residential lot or lots unless the Planning and Zoning Commission
shall determine such to be impractical, in which case such Commission
may impose additional requirements, in order to accommodate such fact,
with regard to such things as the number of planted trees, size of
trees, spacing of trees, or use of other methods of screening, such
as fencing, so as to preserve the effectiveness of such buffer strip.
At a minimum, such buffer strip shall be planted with evergreens a
minimum of five (5) feet tall with a minimum diameter spread at the
canopy base of three (3) feet and located in double staggered rows
on ten (10) foot centers. Approved plant materials shall consist of
Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar.
Said plants shall be maintained in a healthy condition or shall be
replaced. Driveways and parking areas shall not be permitted in a
buffer zone. If the Planning and Zoning Commission shall determine
that the aforementioned buffer strip requirements are impractical,
the Commission may impose additional or varied requirements in order
to accommodate the development circumstances; such may include the
erection of sound walls.
7.
Setback From Roadway. A front yard of at least thirty (30) feet
shall be provided along Manchester Road, Big Bend Road or Sulphur
Spring Road. A fifteen-foot-deep landscaped open area shall be provided
adjacent to the roadway property line. No accessory structure or sign
shall be located in the required landscaped open area.
8.
Screening Of HVAC Units And Refuse Containers. Heating, ventilating
and air-conditioning units shall be fully screened from public view
by an element of the building or by a separate, permanently installed
screen or fence, extending a minimum of one (1) foot above the equipment,
harmonizing with the building in material color, size and shape. Refuse
containers or refuse storage areas shall be hidden from public view,
either from within or outside the premises, by means of fences, walls
or landscaped planting harmonizing with the building in color, size
and shape.
9.
Developers' Responsibilities Regarding Streets. For any
development within the district fronting on an existing road or street,
it shall be the responsibility of the developer to bring the road
or street up to City specifications to the center line of the road
or street plus an additional ten (10) feet of width as per City specifications.
Curbs and/or sidewalks are to be installed by the developer on the
developer's side only, if so directed by the City.
10.
Signage And Landscaping Plans. No new construction or exterior
renovation may be undertaken within the district without it first
being determined by the Building Official that the signage and landscaping
plans, if applicable, are consistent with the regulations of the City
of Manchester therefor provided.
