Manchester City Zoning Code
ARTICLE XVIII
Administration and Enforcement
Section 405.790 Enforcement.
[Ord. No. 99-1145 Art. 12 §1, 9-20-1999]
It shall be the duty of the Building Official and/or the Planning and Zoning Administrator and such deputies as are appointed by him/her to enforce the provisions of this Chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of said ordinance. It shall also be the duty of all officers and employees of the City to assist the enforcing officer by reporting to him/her any seeming violation in new construction, reconstruction or land use.
Section 405.800 Building Permit.
[Ord. No. 99-1145 Art. 12 §2, 9-20-1999]
A.
In all cases, except as otherwise provided in this Code, it shall be unlawful to construct, enlarge or alter any building or structure without first obtaining a building permit from the Building Official or his/her appointed agent, stating that the construction, alteration or enlargement complies with the provisions of the Building Code adopted by the City of Manchester.
[Ord. No. 17-2175 § 1, 2-21-2017]
B.
Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, finished floor level grades related to sea level datum, the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this Chapter. The site plan required in this Article XVIII, Section 405.820, as approved may be used for this purpose. A record of applications, plats and other material submitted shall be kept in the offices of the City.
Section 405.810 (Reserved) [1]
Section 405.820 Architecture and Site Plan Review Requirements.
[Ord. No. 99-1145 Art. 12 §4, 9-20-1999; Ord. No. 17-2175 § 1, 2-21-2017; Ord. No. 18-2246, 1-21-2019]
A.
Before a building permit is issued for: (1) the erection, conversion, enlargement or reconstruction affecting the exterior of a building or structure; or (2) a permanent freestanding sign within the City of Manchester, the applicant shall submit plans to the Planning and Zoning Commission, except as otherwise provided, showing the floor elevation, floor plan and siting of each building as well as a description or drawing of the exterior material and colors, signs, type of garage, height and type of roof, number and size of windows, fences or landscaping. Additionally, for any planned development under Section 405.260, 405.270 or 405.285, at the time of application, the applicant shall submit a site plan under the procedures of Subsection (D) of this Section 405.820. Architectural review shall not be required by the Commission for residential buildings except for: (1) new construction; (2) additions that affect the front elevation of the structure as determined by the Director or his/her designee; and (3) additions that increase the floor area by fifty percent (50%) or more. The Commission shall review such plans according to the standards and requirements set out below. The Commission may accept, reject, require modifications of such plans, or postpone its review and request further information, studies, engineering opinions or other documentation that the Commission determines will assist in its decision. Any approval or conditional approval of such plans by the Commission shall be effective, all circumstances remaining constant, as determined in the sole and absolute discretion of the Commission for a period of one (1) year from such approval or conditional approval, following which such plans shall be resubmitted to the Commission for its further review and approval or conditional approval. After one (1) year, unless a building permit is obtained, and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final approved site plan are obtained in a timely fashion, the site plan approval shall expire, and, in the case of a planned development, zoning shall revert to the zoning prior to approval. The term "circumstances," referred to herein, includes, but is not limited to, traffic volumes, sanitary sewage and stormwater runoff, ingress and egress, traffic signalization or control, environmental considerations, access to utilities, safety and health considerations, and fire safety considerations.
B.
Architectural Review. The Commission shall approve or conditionally approve the application if it finds:
1.
The application conforms to all ordinances, is consistent with the Comprehensive Plan; and
2.
With respect to single-family dwellings and structures, the subject matter of the application, if erected, would not be detrimental, inharmonious or inconsistent with the property in the surrounding area. Such finding shall be based on a determination that neither of the following conditions will be created by erection of the proposed dwelling:
a.
Excessive similarity to any other structure existing or for which a permit has been issued or any other structure included in the same permit application, facing upon the same street and/or within two hundred fifty (250) feet of the proposed site, unless varying three (3) or more of the following features of exterior design and appearance:
b.
Excessive and unreasonable dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued, or to any other structure included in the same permit application facing upon the same street and/or within two hundred fifty (250) feet of the proposed site in respect to one (1) or more of the following features:
(1)
Cubical contents.
(2)
Gross floor area.
(3)
Height of building or height of roof.
(4)
Other significant design features such as material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness exists, but further that it is of such a nature as to be expected to provoke beyond reasonable doubt an adverse effect on the stability and value of surrounding property, and that finding is not based on personal preference as to taste or choice of architectural style.
C.
Site Development Plan Review. With respect to the erection, improvement or alteration of non-residential structures and multiple-dwelling buildings and structures, that same shall be harmonious and consistent with the property in the surrounding area with respect to the following factors:
1.
Use Of Space.
a.
Ratio of structure(s) to the building site.
b.
Position of structure(s) and other improvements to adjoining properties and streets.
c.
Position of structure(s) and other improvements on the site.
d.
Landscaping.
e.
Effective screening, such as fences, walls and/or landscaping.
f.
All other factors contributing to the most desirable use of space.
g.
Parking facilities.
2.
Design.
a.
Plans and elevations.
b.
Color, Material And Texture. Buildings shall be of brick, stucco or other material satisfactory to the Planning Commission. Treatment of the rear of buildings shall be attractive and present a good appearance to the neighbors and passersby.
c.
Relation to the site and to adjoining properties.
d.
Signs as related to proposed structure(s) and adjoining properties.
e.
Landscaping, fences, garden walls and entrances. Screening of HVAC units and trash receptacles.
f.
Other factors pertaining to overall design and appearance.
4.
Site Development Plan - Review Procedure. Except as established by this Section, the procedures and requirements for filing, review and approval of a preliminary 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.
a.
The number of copies of the preliminary site development plan shall be as required for applications for rezonings and shall be accompanied by all general application requirements, including a non-refundable application fee and a processing cost deposit, as required by the City. Site development plan requirements plans shall be signed/sealed and submitted containing or depicting the following information, both existing and proposed (if applicable):
(1)
Location of buildings, other structures and lot arrangements.
(2)
Any land areas within the one-hundred-year floodplain or floodway and a preliminary no-rise certificate, if applicable.
(3)
Parking areas, drives and walks.
(4)
Screening and buffering areas, open space and other amenities.
(5)
Drainage patterns/watersheds (including the location and size of retention basins, detention basins and drainage structures such as culverts, paved or earthen ditches, or stormwater sewers and inlets) and preliminary stormwater collection/detention, sanitary sewer system and water system plans.
(6)
Water, sewer, storm and other utility systems and an analysis of the demand for water service and discharge into the sanitary sewer receiving system as well as a preliminary layout of water and sanitary sewer system.
(7)
Public and private streets, identifying arterials, collectors and local streets; service and loading areas; points of access to public rights-of-way; internal and external pedestrian and vehicular access points; and any physical barriers (such as interstate highways).
(8)
Any easements.
(9)
Distance between all buildings, between buildings and property lines, and between all parking areas and property lines and other elements of the plan.
(10)
Location, massing and pattern of landscaping and vegetation.
(11)
Streams, creeks and other bodies of water.
(12)
Noise generation sources.
(13)
Location of all required building and parking setbacks.
(14)
Location, dimensions, number of stories and area in square feet of all proposed buildings.
(15)
Area of land on plan in square feet or acres.
(16)
Limits, location, size and material to be used in all proposed retaining walls.
(17)
Lighting plan or study, including the location, height, intensity and type of outside lighting fixtures for buildings and parking lots.
(18)
Location, size, and type of material of all proposed monument or freestanding signs.
(21)
Any internal or external drives that exist or that are proposed that impact access to the public right-of-way.
(22)
Sufficient adjoining property information may be shown in general location, shape and size (such as aerial or orthotopo maps). Single- and two-family dwellings may be shown in approximate location and general size and shape.
(23)
The location and size of retention basins, detention basins and drainage structures such as culverts, paved or earthen ditches, or stormwater sewers and inlets.
(24)
Surrounding uses and adjacent properties.
(25)
Color site renderings and exterior building sketches.
(a)
The application shall include:
i.
Preliminary site renderings showing general layout of buildings, parking, drive aisles, landscaping, detention/retention areas, open/green space and other significant features of the proposed development; and
ii.
Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed.
(b)
Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings. For developments of more than one (1) lot, a lot matrix shall be provided. Ten (10) color copies of these renderings/elevations reduced onto eight-and-one-half-inch-by-eleven-inch paper shall be submitted with the application.
(26)
Traffic Impact Study. A traffic impact study sealed by a licensed traffic engineer shall also be submitted, unless waived by the City as unwarranted.
(27)
Conceptual Approvals/Input From Other Jurisdictions. Conceptual approval from all interested jurisdictions, including Fire District, Metropolitan St. Louis Sewer District ("MSD"), Missouri Department of Natural Resources ("DNR") MoDOT, Corp of Engineers, St. Louis County, etc.
(28)
Schedules. The preliminary site plan shall also contain a schedule indicating:
(29)
Phases Of Development. Phases of development must be shown on the preliminary site development plan, if applicable. If the development will occur in phases, the applicant shall submit a site plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permit shall be issued for any phase of development until a final site development plan for that phase is approved, in accordance with the provisions of this Chapter.
b.
Modifications From District Regulations. If the site plan deviates from the applicable zoning district bulk, setback, area, size or density regulations, the applicant shall:
5.
Review Of Preliminary Site Development Plans.
a.
Criteria For Approval. The Commission and Board of Aldermen shall use the applicable zoning district regulations, the City's Comprehensive Plan, as amended, and any supplements thereto as a guide for review of the preliminary site plan. The Commission may recommend, and the Board of Aldermen may permit, modifications from the applicable district regulations where determined to be necessary and proper. Use regulations, however, shall not be modified to permit uses not otherwise permitted by the Comprehensive Plan or the applicable zoning district for the property, or to which the applicant seeks rezoning. If the Commission recommends or the Board of Aldermen imposes conditions or restrictions on a preliminary site plan, such conditions may include specific requirements that must be met before an applicant may submit a final site plan application. In addition to other factors relevant to the particular application, in considering any preliminary site development plan application, the Commission and the Board of Aldermen may give consideration to the criteria stated below; to the extent they are pertinent to the particular application:
(1)
Development is compatible with and incorporates standards and principles contained in the City's Comprehensive Plan, any supplement thereto and/or adopted regulations.
(2)
The criteria governing the rezoning of property.
(3)
Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected.
(4)
Development will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use and enjoyment or value of neighboring properties.
(5)
Development incorporates adequate ingress and egress and an internal street network that minimizes traffic congestion.
(6)
The capability of the site and surrounding roadways and access to accommodate the density and intensity of the development, including buildings, parking, streets and drives with appropriate open space and safe and easy ingress and egress.
(7)
The degree of harmony between the architectural quality of the proposed building(s) and the surrounding neighborhood.
(8)
The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.
b.
Site Development Plan In Rezoning Ordinance. Any site development plan approved through the hearing process, concurrent with such application, shall become part of the ordinance that amends the zoning district category of the property to a Planned District.
c.
Duration Of Validity. The approved preliminary site development plan shall specify the duration of its validity, but in no event shall an approved preliminary site plan be valid for a period longer than twelve (12) months from the date of such approval. The Board of Aldermen may grant one (1) extension not exceeding twelve (12) months upon written request. The approval of a revised preliminary site plan shall not automatically extend the time period during which the preliminary site plan is valid.
6.
Final Site Development Plans; When Required. Approval of a final site plan is required any time a preliminary site plan is required. No building permit shall be issued for any structure on the property until a final site plan is approved.
7.
Final Site Development Plans; Application Contents And Submission Requirements.
a.
The number of copies of the final site plan shall be the same as required applications for rezonings and shall be accompanied by all general application requirements. Twelve sets of final site development plans and all required documentation shall be submitted prior to advertisement for the public hearing.
b.
One (1) or more maps shall be submitted with the final site plan that shows the following:
(1)
All information and submission requirements for the preliminary site plan.
(2)
Finished grades or contours for the entire site (five- or two-foot contour intervals may be required by the Director of Planning, Zoning and Economic Development, depending on the site).
(3)
All proposed and existing adjacent public street rights-of-way with center-line location and the location of adjacent developments, alignment and location of public and private driveways and streets, medians, and public and semi-public easements, including widths, curb cuts and radii.
(4)
Location, width and limits of all existing and proposed sidewalks.
(5)
Location, size and radii of all existing and proposed median and/or curb breaks and turning lanes.
(6)
Conceptual stormwater collection, detention and erosion control plans [including a preliminary stormwater pollution prevention plan (SWPPP)], if applicable (see Chapter 420) and associated preliminary stormwater calculations.
(7)
Analysis and capacity of the sanitary sewer system.
(8)
Conceptual utility plans.
c.
One (1) or more illustrations shall be submitted with the final site development plan showing the site and building elevations, including the following:
(1)
Elevations of all sides of proposed buildings, including notation indicating building materials and colors to be used on exteriors and roofs.
(2)
Size, location, color and materials of all signs to be attached to building exteriors (sign package).
(3)
Location, size and materials to be used in all screening of rooftop mechanical equipment.
(4)
Specific layout of buildings, parking, drive aisles, landscaping, detention/retention areas, open/green space and other significant features of the proposed development.
d.
One (1) or more illustrations shall be submitted with the final site development plan showing dimensions and areas of all floors within proposed buildings.
e.
Landscape Plan. One (1) or more illustrations shall be submitted with the final site plan showing landscaping and buffer area plans as required.
f.
The following shall be submitted in support of the application for final site plan approval:
(1)
Deeds of dedication for all rights-of-way or easements required as a result of preliminary site plan approval, if conveyance thereof is not to be made by plat or by the filing of the final site plan pursuant to this Section.
(2)
A copy of all covenants and restrictions applicable to the development, if required.
(3)
Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency, if required by the terms of the approved preliminary site plan.
(4)
Evidence of satisfaction of any conditions of the preliminary site development plan approval that were conditions precedent to consideration of the final site development plan.
8.
Consideration Of Final Site Development Plans.
a.
No Changes. A final site development plan that contains no changes or additions to the approved preliminary site development plan shall be approved by ordinance by the Board of Aldermen upon a determination that all conditions of approval of the preliminary site plan, if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied.
b.
Minor Changes. A final site development plan that contains minor changes to the approved preliminary site development plan may be approved by ordinance by the Board of Aldermen without a further public hearing, provided that the Board of Aldermen determines that the proposed change will not substantially alter the character, density and general make-up of the development as approved by the preliminary site plan and is otherwise consistent with the intent of the original approval.
c.
All Other Changes. A final site development plan that contains changes, other than minor changes, from the approved preliminary site development plan shall follow the procedure for application, submission and consideration of preliminary site development plan applications, including holding a public hearing.
9.
Expiration Of An Approved Site Development Plan. Final site development plan approval shall not be valid for a period longer than twelve (12) months from the date of such approval, unless within such period a building permit is obtained, and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final development site plan schedule are obtained in a timely fashion, as determined by the City Administrator. The Board of Aldermen may grant one (1) extension of no more than twelve (12) months upon written request of the original applicant. An application for extension of a final site plan may be granted if the application is filed before the final site development plan expires. Upon granting an extension, the Board of Aldermen has the authority to attach new conditions to the final site development plan as it deems appropriate. "Substantial construction," as used in this Subsection, shall mean completion of at least ten percent (10%) of the construction in terms of the total expected cost of the project for which the permit was issued.
10.
Recording Of Site Development Plans. Following the Board of Aldermen's approval by ordinance of a final site plan, a copy of the final site plan signed by the appropriate City official shall be filed by the applicant with the Recorder of Deeds of St. Louis County within sixty (60) days. All filing fees shall be paid by the person who filed the site plan application. The authorization for the use approved by the site plan shall not become effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the City Clerk. The statement shall be recorded in accordance with the forms and procedures established by the City and shall contain the following information:
a.
An accurate legal description of the property.
b.
A copy of the final site development plan and a statement that the development of the property shall be in compliance with the approved final site plan and with any conditions attached to the approval of the approved final site development plan. All plans and conditions of approval shall be kept on file with the Recorder of Deeds for public inspection.
c.
A statement that all elements of the final site plan and all conditions of plan approval will be maintained by the property owner.
d.
A statement that the restrictions on redevelopment and the responsibility for continuing maintenance and compliance with the final site plan shall be binding upon all successors and assigns unless the plan is amended in conformance with the procedures set forth in this Chapter.
11.
Abandonment Of Final Site Development Plans.
a.
A final site development plan or a phase thereof shall terminate and be deemed abandoned if:
(1)
The landowner shall fail to commence development by failing to receive a building permit or failing to undertake substantial construction on the property after receiving a building permit within twelve (12) months after receiving final site plan approval or a longer period of time if an extension of the final site development plan has been granted by the Board of Aldermen; or
(2)
The landowner abandons the final site development plan or a phase thereof and notifies the City in writing of the abandonment.
b.
Whenever a final site development plan or phase thereof has been abandoned as provided in this Section, no development shall take place on the property until a new final site development plan has been approved.
12.
Amendment Of Approved Final Site Development Plans. An approved final site development plan may be amended under the following circumstances:
a.
Minor Changes. A proposed amendment of a final site plan that contains minor changes to the approved final site plan may be approved without further action of the Planning Commission or the Board of Aldermen or a public hearing, provided that the Director of Planning, Zoning and Economic Development determines that the change(s) is a minor change and that the landscaping, buffer area and screening plan is adequate, that the proposed changes to the development will be compatible with proposed and existing adjacent development, and that all other submission requirements have been satisfied. The phrase "minor changes," as used in this Subsection, shall mean changes that:
(1)
Accommodate the building, parking and drives with appropriate open space and safe and easy ingress and egress with no traffic congestion.
(2)
Are compatible with the City's Comprehensive Plan, any supplement thereto and/or adopted regulations and the criteria governing the rezoning of property.
(3)
Are consistent with the intent of the original approval.
(4)
Are designed, located and proposed to be operated so that the public health, safety and welfare will be protected and will not impair the use and enjoyment or value of neighboring properties.
(5)
Are architecturally consistent with and of a similar quality of the proposed building and the surrounding neighborhood.
(6)
Do not seek to modify the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations or the approved final site plan.
b.
All Other Changes. A proposed amended final site development plan that contains changes, other than minor changes, from the approved final site plan shall require following the procedure for application, submission and consideration of final site plans and shall include a public hearing before, and an amending ordinance by the Board of Aldermen.
c.
Explanation Of Changes. All applications for amendment shall be accompanied by a narrative statement or rendering that describes all changes to the approved plan the applicant is seeking, including a description of the existing site and how the site will appear after the proposed change.
13.
Preliminary Site Development Plans — Application, Contents And Submission Requirements. Failure to construct and maintain a site in compliance with the approved final site development plan shall be a violation of this Section.
Section 405.830 Guarantee of Improvements For Commercial or Industrial Developments.
[Ord. No. 99-1145 Art. 12 §5, 9-20-1999]
The developer of any commercial or industrial development, before approval of the project and issuance of a building permit, shall meet the design standards specified and post a surety bond or escrow agreement in accordance with the provisions hereof.
Section 405.840 Violation and Penalties.
[Ord. No. 99-1145 Art. 12 §6, 9-20-1999]
The owner or agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment, in the discretion of the Court. Any such person, having been served with an order to remove any such violation, failing to comply with said order within ten (10) days after such notice or continuing to violate any provision of the regulations made under authority of this Chapter in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).