Manchester City Zoning Code
ARTICLE IV
General Provisions
Section 405.110 Conformance With Regulations Required.
[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.
Section 405.120 Location of Building On A Lot Required.
[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.
Section 405.130 Encroachment - Reduction of Lot Area.
[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.
Section 405.140 Location - Proposed Street or Park.
[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.
Section 405.150 Uses Not Permitted Are Prohibited.
[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.
Section 405.155 Home Occupations.
[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.
Definitions. As used in this Section the following terms shall have the meanings indicated:
DWELLING
See definition of "dwelling" in Section 405.060.
GOODS OR SERVICES
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.
HOME-BASED BUSINESS
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.
HOME-BASED WORK
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.
HOME OCCUPATION
A No Impact Home-Based Business.
NO IMPACT HOME- BASED BUSINESS
Any Home-Based Business or Home-Based Work where:
a.
The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the dwelling; and
b.
The activities of the business:
(1)
Are limited to the sale of lawful goods and services;
(2)
May involve having more than one (1) client on the property at one (1) time;
(3)
Do not cause a substantial increase in traffic through the residential area;
(4)
Do not violate the Residential Parking Requirements set forth in Section 355.180, Section 405.290, or elsewhere in the Municipal Code and any ordinance approving a Planned Residential Development;
(5)
Occur inside the dwelling or in the yard of the dwelling;
(6)
Are not visible from the street; and
(7)
Do not violate the narrowly tailored regulations in Subsection (C), below.
NON-COMPLIANT HOME-BASED BUSINESS
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:.
1.
Is:
a.
Clearly incidental and secondary to the primary residential use of the dwelling unit or lot; and
b.
Does not occupy more than forty-nine percent (49%) of the floor area of the dwelling; and
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.
F.
Any person violating any provision of this Section, including operating or permitting to be operated a Non-Compliant Home-Based Business, shall be subject to the penalties provided for in Section 100.100 of this Code of Ordinances.
[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.
Section 405.160 Non-Conforming Uses.
[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.
Section 405.165 Accessory Building and Uses.
[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]
1.
The capitalized terms that are not defined by Section 405.060 shall be as defined in Section 405.1000 of this Code.
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.
Section 405.166 Sight Distance Triangle.
[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.
Section 405.167 (Reserved) [1]
[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.
Section 405.168 Spacing Requirement For Retail Sales Of Tobacco Products And Electronic Smoking Devices
[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.