[Ord. No. 99-1145 Art. 4 §1, 9-20-1999]
No building or land shall hereafter be used, and no building
or part thereof shall be erected, reconstructed, converted, enlarged,
moved or structurally altered unless in conformity with the regulations
as set forth in this Chapter.
[Ord. No. 99-1145 Art. 4 §2, 9-20-1999]
Every building hereafter erected, reconstructed, converted,
moved or structurally altered shall be located on a lot of record
and in no case shall there be more than one (1) main building on one
(1) lot unless otherwise provided in this Chapter.
[Ord. No. 99-1145 Art. 4 §3 9-20-1999]
The minimum yards, height limits, parking space, open spaces,
including lot area per family, required by this Chapter for each and
every building existing at the time of the passage of these regulations
or for any building hereafter erected shall not be encroached upon
or considered as required yard or open space for any other building,
except as hereinafter provided, nor shall any lot area or lot dimensions
be reduced below the requirements of these regulations.
[Ord. No. 99-1145 Art. 4 §4, 9-20-1999]
No building shall be erected within the right-of-way of a proposed
street or proposed common open space, or park, when such areas have
been located on a Master Plan and such Plan has been duly adopted
by the Commission and the Board of Aldermen of the City of Manchester.
[Ord. No. 99-1145 Art. 4 §5, 9-20-1999; Ord. No. 19-2260, 7-15-2019]
A.
For
the purposes of this Chapter, permitted uses, special uses, and uses
specifically prohibited are listed for the various districts. Unless
the contrary is clear from the context of the lists or other regulations
of this Chapter, uses not specifically listed are expressly prohibited.
The above notwithstanding, any use not shown as a use permitted
by right, a special use or a planned use in any zoning district, but
constituting a use that is required to be permitted by law, shall
be authorized only in the "C-2" District subject to the following
conditions:
1.
The use shall be permitted only to the extent required by law to
be permitted;
2.
The use shall be approved only as a planned use, except if by law
it is required to be permitted by right;
3.
The use shall be located no closer than one thousand (1,000) feet
from any residence, residential property, park, school or church,
except as may be modified by the Board of Aldermen through a planned
use procedure;
4.
The use shall maintain a distance of at least one thousand (1,000)
feet from any other such use;
5.
No use shall occupy a structure in excess of five thousand (5,000)
square feet without an approved alternate parking plan designed for
that use and supported by a traffic study submitted to and approved
by the Board of Aldermen.
[Ord. No. 23-2389, 8-7-2023[1]]
A.
Purpose.
The City recognizes the need to balance its residents' autonomy to
use their homes for work with the expectations of neighboring residents
that the City will protect the property values in and maintain the
integrity of the residential district in which they live and have
invested. These regulations allow and regulate in equitable fashion
the customarily accepted non-residential types of activity carried
on in the residential areas of the City. As such, for Home-Based Businesses
and Home-Based Work undertaken on any lot zoned or used for dwelling
purposes, the following requirements are enacted to protect the public
health and safety (which include all regulations related to Fire and
Building Codes, health and sanitation, transportation, parking, or
traffic control, solid or hazardous waste, pollution, and noise control);
control overcrowding; preserve the residential character of and property
values in residential districts; ensure that the business activity
is compliant with City, State, and Federal law; and confirm that the
business is paying applicable taxes.
B.
DWELLING
GOODS OR SERVICES
HOME-BASED BUSINESS
HOME-BASED WORK
HOME OCCUPATION
NO IMPACT HOME- BASED BUSINESS
a.
b.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
NON-COMPLIANT HOME-BASED BUSINESS
Definitions.
As used in this Section the following terms shall have the meanings
indicated:
See definition of "dwelling" in Section 405.060.
Any merchandise, equipment, products, supplies, or materials
or any labor performed in the interest or under the direction of others;
specifically, the performance of some useful act or series of acts
for the benefit of another, usually for a fee. Goods or services does
not include real property or any interests therein.
Any business operated in a dwelling that manufactures, provides,
or sells goods or services and that is owned and operated by the owner
or tenant of the dwelling.
Any lawful occupation performed by a resident within a dwelling
or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
A No Impact Home-Based Business.
Any Home-Based Business or Home-Based Work where:
The total number of employees and clients on-site at one (1)
time does not exceed the occupancy limit for the dwelling; and
The activities of the business:
Are limited to the sale of lawful goods and services;
May involve having more than one (1) client on the property
at one (1) time;
Do not cause a substantial increase in traffic through the residential
area;
Occur inside the dwelling or in the yard of the dwelling;
Are not visible from the street; and
Do not violate the narrowly tailored regulations in Subsection
(C), below.
Any Home-Based Business or Home-Based Work that is not a
No Impact Home-Based Business.
C.
Regulations
To Safeguard The Residential Character Of The Dwelling And/Or Surrounding
Neighborhood. To preserve the residential character of the residential
building and protect against adverse effects on the character of the
surrounding neighborhood, a Home Occupation may operate on a lot used
for dwelling purposes provided the Home Occupation:.
2.
Does not change the residential character of the residential building
by altering or modifying the exterior of the dwelling so as to indicate
the presence of a home-based business or home-based work, including
signage not in compliance with the City's regulations on signs; and
3.
Is operated such that the total number of employees and clients on-site
at one (1) time does not exceed the occupancy limit for the dwelling;
and
4.
Pays all applicable taxes and otherwise operates in compliance with
applicable City, State, and Federal law; and
5.
Is operated by a resident or residents of the dwelling unit; and
6.
Has no storage of hazardous materials, toxic substances, or hazardous
wastes of a nature or extent than normally used for purely domestic
or household purpose; and
7.
Does not adversely affect the character of the surrounding neighborhood
by allowing or causing, for example: commercial or delivery vehicles
used in connection with the Home Occupation are parked at or stored
on the dwelling or visit the premises with a frequency of more than
one (1) visit per day; a steady or concentrated visitation of clients
to the dwelling; a substantial increase in traffic or on-street parking
through the residential area; storage or the use of equipment that
produces negative effects outside the home or accessory structure;
or similar adverse impacts.
D.
Home
Occupations do not require a license or any fee, but within sixty
(60) days of establishing a Home Occupation the resident should supply
the City with: (1) a copy of their business's Missouri Tax I.D. number
and, for Home Occupations selling goods at retail, a Statement of
No Tax Due in accordance Missouri Statutes (Section 144.083.2 and
144.083.4, RSMo.), and (2) a written description of the Home Occupation,
the percentage of the dwelling to be occupied by the Home Occupation,
and the number of employees to be working at the Home Occupation who
are not residents of the dwelling. At the same time, to help ensure
the proposed Home Occupation complies with the requirements of this
Subsection, the City shall supply the resident with a copy of this
Code Section or a summary of its requirements. Upon receipt of the
written description, the City shall verify for the resident that the
Home Occupation complies with the foregoing requirements. Failure
to provide the above information upon the City's request is an ordinance
violation. Any change in the amount of floor area occupied by the
home occupation as detailed in the original description, number of
employees, or the type of home occupation should be followed by a
submission of a revised description and review and approval in accordance
with this Section to assist the resident in continued compliance.
E.
Nothing
in this Section shall be deemed to:
1.
Prohibit mail order or telephone sales for Home Occupations;
2.
Prohibit service by appointment within the home or accessory structure;
3.
Prohibit or require structural modifications to the home or accessory
structure;
4.
Restrict the hours of operation for Home Occupations;
5.
Restrict storage or the use of equipment that does not produce effects
outside the home or accessory structure; or
6.
Restrict or prohibit a particular occupation that is legal under
the laws of the City, State, and United States.
[1]
Former Section 405.155, Encroachment in Residential Subdivisions,
was repealed 8-7-2023 by Ord. No. 23-2389. Prior history includes:
Ord. No. 09-1941.
[Ord. No. 99-1145 Art. 4 §6, 9-20-1999]
A.
Except
as otherwise provided herein, the lawful use of a building or structure,
or the lawful use of any land as existing and lawful at the effective
date of this Chapter or in the case of a change of regulations, then
at the time of such change, may be continued although such use does
not conform to the provisions hereof. Except as provided in this Article,
such non-conforming use may not be enlarged, extended, reconstructed
or structurally altered except in compliance with the provisions of
this Chapter.
B.
In
the event that a non-conforming use of any building or premises is
discontinued for a period of six (6) months, the use of the same shall
thereafter conform to the use regulations of the district in which
it is located.
C.
No
existing building or premises devoted to a use not permitted by this
Chapter in the district in which such building or premises is located,
except when required to do so by law or order, shall be enlarged,
extended, reconstructed or structurally altered greater than fifty-one
percent (51%) beyond the floor area of such building at the time of
adoption of this Chapter.
D.
When
a building, the use or minimum floor area, lot size, height, area
or density requirements of which do not conform to the provisions
of this Chapter, is damaged by fire, explosion, act of God, the public
enemy or other unforeseen and unintended casualty, it shall not be
restored except in conformity with the district regulations of the
district in which the building is situated except that minimum floor
area restrictions and lot size shall not apply; however, in no event
shall the restored building have less floor area than it did prior
to its destruction unless approved by the Planning and Zoning Commission.
E.
Notwithstanding
the foregoing, any building or premises which contains a non-conforming
use damaged by fire or other casualty outside the control of the owner
and occupant of such building may be restored for the same usage and
to the same density and configuration as existed prior to such fire
or other casualty, regardless of the extent of the damage and may,
thereby, maintain its non-conforming use protection hereunder.
[Ord. No. 01-1310 §4, 12-3-2001]
A.
An
accessory building shall not exceed the height of the principal structure
on the lot.
B.
The
maximum size of an accessory building shall be five hundred (500)
square feet and shall also not exceed thirty percent (30%) of the
usable space of the principal structure.
C.
An
accessory building shall only be located behind the principal structure
and shall be setback from the side and rear property lines at least
five (5) feet and/or the distance of any easement.
D.
An
accessory building shall be located at least ten (10) feet from the
principal structure on the lot and at least ten (10) feet from the
principal building on any adjacent lot.
E.
Additional
Requirements For Qualifying Patient, Primary Caregiver, And Consumer
Medical Marijuana Cultivation.
[Ord. No. 19-2272, 10-21-2019; Ord. No. 23-2398, 10-2-2023]
2.
Qualifying Patient Medical Marijuana Cultivation, Primary Caregiver Medical Marijuana Cultivation, and Consumer Personal Cultivation. On any Lot in the City, a person holding a current, valid Marijuana Cultivation Identification Card issued by the State of Missouri may have as an Accessory Use Marijuana Cultivation as permitted by Article XIV of the Missouri Constitution so long as all of the following conditions are met:
a.
The Accessory Use must take place only in a Facility that is
enclosed, locked, and equipped with security devices (the "Cultivation
Area"), and in conformance with all Federal and Missouri laws and
regulations. Consumer personal Cultivation, Qualifying Patient, and
Primary Caregiver Cultivation shall not take place at a place of business.
b.
The State-issued Marijuana Cultivation Identification Card must
be clearly displayed within the Cultivation Area and in close proximity
to the Marijuana plants.
c.
The Accessory Use must have an odor control system that is at
least as stringent as that which is required by Missouri regulations.
d.
A Qualifying Patient may not hold or obtain both a Qualifying
Patient Cultivation Identification Card and a Consumer personal Cultivation
card at the same time, regardless if the caregiver holds a Cultivation
Identification Card on behalf of the Qualified Patient.
e.
All Marijuana cultivation must cease immediately upon the expiration,
suspension, or revocation of a State-issued Marijuana Cultivation
Identification Card.
f.
Nothing in this Section shall convey or establish a right to
cultivate Marijuana in a Facility or site where State or Federal law
or a private contract would otherwise prohibit doing so.
g.
The following additional rules shall apply to Consumer personal
Cultivation:
(1)
All Consumer personal Cultivation must take place
at a private residence.
(2)
No more than twelve (12) Flowering Plants, twelve
(12) non-flowering plants fourteen (14) inches tall or more, and twelve
(12) non-flowering plants under fourteen (14) inches tall may be cultivated
by Consumers at a single private residence, regardless of the number
of Consumers who live at that private residence.
(3)
Plants and Marijuana produced by the plants in
excess of three (3) ounces must be kept at a private residence in
an Enclosed, Locked Facility.
(4)
All cultivated Flowering Plants in the possession
of a Consumer shall be clearly labeled with the Consumer's name.
h.
The following additional rules shall apply to Qualifying Patient
Cultivation:
(1)
One (1) Qualifying Patient, the Primary Caregiver for that person on their behalf, or a Consumer for personal Cultivation, may cultivate up to six (6) Flowering Plants and six (6) non-flowering Marijuana plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall at any given time in a Cultivation Area, subject to the limitations herein, Article XIV, of the Missouri Constitution, and rules and regulations of the Department.
(2)
Two (2) Qualifying Patients, who both hold valid
Medical Marijuana Cultivation Identification Cards, may share one
(1) Cultivation Area but no more than twelve (12) Flowering Plants
and twelve (12) non-flowering Marijuana plants fourteen (14) inches
tall or more, and twelve (12) non-flowering Marijuana plants under
fourteen (14) inches tall or more may be cultivated in a Cultivation
Area.
(3)
Under no circumstances shall a Qualifying Patient
be entitled to cultivate, or have cultivated on his or her behalf,
more than six (6) Flowering Plants.
(4)
Only one (1) individual in a patient-caregiver
relationship may be authorized for Cultivation on behalf of the Qualifying
Patient.
(5)
All cultivated Flowering Plants in the possession
of a Qualifying Patient or Primary Caregiver shall be clearly labeled
with the Qualifying Patient's name.
i.
The following additional rules shall apply to Primary Caregiver
cultivation:
(1)
A Primary Caregiver may cultivate on behalf of
more than one (1) Qualifying Patient and may utilize one or more Cultivation
Area(s).
(2)
No Primary Caregiver cultivating Marijuana for
more than one (1) Qualifying Patient may exceed a total of twenty-four
(24) Flowering Plants, twenty-four (24) non-flowering plants fourteen
(14) inches tall or more, and twenty-four (24) non-flowering plants
under fourteen (14) inches tall.
(3)
Only one (1) individual in a patient-caregiver
relationship may be authorized for Cultivation on behalf of the Qualifying
Patient.
(4)
All cultivated Flowering Plants in the possession
of a Primary Caregiver shall be clearly labeled with the Qualifying
Patient's name.
(5)
A Primary Caregiver cultivator who is also authorized
as a Qualifying Patient cultivator may grow the plants that belong
to them as a Qualifying Patient cultivator, and the plants grown on
behalf of their Qualifying Patient(s) using the same Cultivation Area.
(6)
A Primary Caregiver cultivator who is also authorized
as a Consumer personal cultivator may not grow the plants that belong
to them as an authorized Consumer personal cultivator and the plants
grown on behalf of their Qualifying Patient(s) using the same Cultivation
Area.
[Ord. No. 15-2109 §2, 6-1-2015]
No plant material, signs and/or structures shall exceed three
(3) feet in height above the elevation of the street pavement within
the sight distance triangle, as such is defined in this Chapter.
[1]
Editor's Note: Former Section 405.167, Spacing Requirement
For Medical Marijuana Uses, was repealed 10-2-2023 by Ord. No. 23-2398.
Prior history includes Ord. No. 19-2272.
[Ord. No. 20-2301, 9-8-2020]
A.
No
use that involves the retail sales of tobacco products or electronic
smoking devices shall be located within one thousand (1,000) feet
of any then-existing elementary school or secondary school. As used
in the previous sentence, "then-existing" shall mean any elementary
school or secondary schoo with a building permit from the City to
be constructed, or under construction, or completed and in use at
the time the tobacco products or electronic smoking device use applies
for a zoning permit.
B.
In
the case of a freestanding building used for the retail sales of tobacco
products or electronic smoking devices, the distance between the facility
and the elementary school or secondary schoo shall be measured from
the external wall of the facility structure closest in proximity to
the elementary school or secondary school to the closest point of
the property line of the elementary school or secondary school.
C.
In
the case of a larger structure, such as an office building or strip
mall in which a portion of the building is used for the retail sales
of tobacco products or electronic smoking devices, the distance between
the facility and the elementary school or secondary school shall be
measured from the property line of the elementary school or secondary
school to the entrance or exit of the part of the building used for
the retail sales of tobacco products or electronic smoking devices
closest in proximity to the elementary school or secondary school.
D.
In accordance with Section 405.160 of this Code, notwithstanding the spacing requirements herein, the lawful use of a building or structure, or the lawful use of any land as existing and lawful at the effective date of this Section, may be continued although such use does not conform to the provisions hereof.
