Parks, playgrounds and community buildings owned or operated by the City of Manchester.

Churches, synagogues or other places of worship.

Golf courses, except miniature courses and driving ranges operated for commercial purposes.

Home occupations in compliance with the requirements of Section 405.155.

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.

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.

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.

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.

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.

Mobile business.

Group Home, provided that it meets the following requirements:

Any public building erected and used by any department of the County, State or Federal Government.

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.

Private stables on lots of three (3) acres or more.

Roadside stands for temporary and seasonal periods.

Clubs and semi-private buildings.

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.

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.

Care Home:

Cemeteries.

(Reserved)[1]

Hospitals and institutions.

Nursing homes.

Teen centers.

Residential dwelling rentals.

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.

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.

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.

Same as "R-1" Residential District.

Same as "R-1" Residential District.

Same as "R-1" Residential District.

Front yard. Same as "R-1" Residential District.

Side yard. Same as "R-1" Residential District.

Rear yard. Same as "R-1" Residential District.

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.

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.

Same as "R-1" Residential District.

Same as "R-1" Residential District.

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.

Same as "R-1" Residential District.

Same as "R-1" Residential District.

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.

Same as "R-1" Residential District.

Same as "R-1" Residential District.

Two-family dwellings.

Multiple-family dwellings.

Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.

Public parks and playgrounds.

Accessory buildings and uses customarily incidental to any of the above uses, including storage garages and carports.

Same as "R-1" Residential District.

Same as "R-1" Residential District.

Side yard. There shall be a side yard on each side of the building having a width of not less than fifteen (15) feet.

Rear yard. There shall be a rear yard having a depth of not less than fifty (50) feet.

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.

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.

Multiple-family dwellings.

Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.

Public parks and playgrounds.

Accessory buildings and uses customarily incidental to any of the above uses, including storage garages and carports.

Same as "R-1" Residential District.

Same as "R-1" Residential.

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.

Rear yard. There shall be a rear yard having a depth of not less than fifteen (15) feet.

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.

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.

Apparel and accessories, excluding used apparel and accessories (which may be allowed subject to the provisions of Subsection (C) hereof).

Retail bakery of not more than three thousand (3,000) square feet.

Camera and photo supplies, of not less than five hundred (500) square feet.

Grocery stores including poultry, meat and fish shops not to exceed ten thousand (10,000) square feet.

Pharmacy and drug stores.

Floral shops.

Gift shops handling items such as china, crystal, jewelry, clocks, etc.[1]

Hardware stores.

Hobby supply stores.

Music, musical instruments and records with no outside speakers.

Newsstands.

Paint and wallpaper stores.

Stationery and office supply stores.

Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.

Toy stores.

Variety and department stores not to exceed ten thousand (10,000) square feet.

Fabric and sewing centers.

Carpet and tile centers.

Curtain and drapery sales.

Picture and framing shops.

Appliance stores.

Radio and electronic stores with no outside speakers.

Bicycle shops.

Pet and supplies with no outside kennels.

Furniture stores handling new finished or unfinished furniture.

Rental stores with no outside storage.

Specialty shops handling prepared foods such as cheese, nuts, sausage, candy, etc.

Art gallery.

Sporting goods store.

Optical stores.

Physical fitness centers of family type dealing with total body exercise and weight control programs.

Shoe stores.

Auto parts and sales with no service facilities on site.

Dance school and conservatory teaching ballet, tap dancing, etc.

Ice cream store selling exclusively ice cream and dairy products.

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.

Bookstores.

Video Stores.

Sexually Oriented Retail Uses (per Section 405.240(K)):

Learning centers and tutoring facilities.

Beauty and barber shops.

Medical and dental offices.

Professional photography studio.

Radio, television and appliance repair.

Shoe repair.

Tailor shop.

Locksmith.

Real estate office.

Professional offices: engineer, attorney, CPA, architect, etc.

Financial institutions.

Veterinarian clinic, with boarding for medical reasons only.

Travel agency.

Manufacturers' representatives where stock stored elsewhere.

Maid/cleaning service, with no storage of cleaning chemicals on site.

Arts and crafts classes.

Auto and home glass repair contractor with no service facility on site.

Investment company.

Trust company.

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.

Roadside stands for temporary and seasonal periods.

Church, synagogue or other place of worship.

Retail stores including the following:

Service facilities including the following:

Sales, repair, rental and service of equipment used by business, industry and agriculture.

New or used auto sales, storage of automobiles for sale, lawn and garden equipment, and new and used boat sales.

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.

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.

Mortuary and ambulance service.

Private stables on lots of not less than three (3) acres.

Cemetery.

Nurseries or greenhouses.

Accessory uses; for example, external walk-in freezer, accessory storage buildings, etc.

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.

Restaurant with cocktail lounges selling liquor by the drink for consumption on the premises.

Car wash facilities.

Service stations, with or without service facilities and/or other retail sales, including the sale of intoxicating liquor in the original package.

Maid/cleaning service, with cleaning chemicals stored on site.

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.

Monument works/stonebuilding slabs.

Auto body and engine repair shops, oil change and radiator shop facilities.

Manufacturing facility, with stock stored on site.

Printing establishment.

Warehousing, storage or wholesaling of goods, materials or merchandise, other than live animals, explosives, toxic materials or flammable gases.

Storage facilities (permanent or temporary) for recyclable materials including, but not limited to, glass, plastic, paper, aluminum and cardboard.

Bed and breakfast establishments ("H" Historic District only).

Single-family residential dwelling ("H" Historic District only).

Rental and leasing of motor vehicles.

Financial institutions, photo processing businesses and other commercial businesses with drive-through facilities.

Retirement homes.

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.

Commissaries (engaged in the preparation of meals to be delivered for consumption off the premises) satisfying each of the following criteria:

Vehicle emissions testing facilities.

Beauty/cosmetology schools.

Any public building erected and used by any department of the County, State or Federal Government.

Lawn care services (defined as lawn fertilization, aeration, weed control, tree and shrub spraying).

Dispensary Facilities, where the operation meets the standards contained in Article XX, Comprehensive Regulations — Marijuana Businesses, including Section 405.1040, and meets the spacing requirements of Section 405.1020.

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.

Junk yards and derelict storage.

Hotel and motel.

Kennel.

Single-family, two-family and multiple dwellings.

Pawnshops.

Teen centers.

Convenience stores.

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:

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.

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.

All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied; and

All conditions and restrictions of Section 405.250(L), sexually oriented personal services, shall also apply.

Apparel and accessories, excluding used apparel and accessories (which may be allowed subject to the provisions of Subsection (C) hereof.

Retail bakery of not more than three thousand (3,000) square feet.

Camera and photo supplies of not less than five hundred (500) square feet.

Grocery stores including poultry, meat and fish shops not to exceed ten thousand (10,000) square feet.

Pharmacy and drug stores.

Floral shops.

Gift shops handling items such as china, crystal, jewelry, clocks, etc.[1]

Hardware stores.

Hobby supply stores.

Music, musical instruments and records with no outside speakers.

Newsstands.

Paint and wallpaper stores.

Stationery, card shops and office supply stores.

Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.

Toy stores.

Variety and department stores not to exceed ten thousand (10,000) square feet.

Fabric and sewing centers.

Carpet and tile centers.

Curtain and drapery sales.

Picture and framing shops.

Appliance stores.

Radio and electronic stores with no outside speakers.

Bicycle shops.

Pet and supplies with no outside kennels.

Furniture stores handling new finished or unfinished furniture.

Rental stores with no outside storage.

Specialty shops handling prepared foods such as cheese, nuts, sausage, candy, etc.

Art gallery.

Sporting goods store.

Optical stores.

Physical fitness centers of family type dealing with total body exercise and weight control programs.

Shoe stores.

Auto parts and sales with no service facility on site.

Dance school and conservatory teaching ballet, tap dancing, etc.

Ice cream store selling exclusively ice cream, dairy products and non-alcoholic beverages.

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.

The sale of instant-winner lottery tickets ("Jackpot" lottery tickets or its equivalent) provided such sale is incidental to a use which is permitted under either this Subsection (A) or Subsection (B) below.

Bookstores.

Video Stores.

Sexually Oriented Retail Uses (per Section 405.240(L)):

Learning centers and tutoring facilities.

Beauty, barber and nail shops.

Medical, dental and chiropractic offices.

Professional photography studio.

Radio, television and appliance repair.

Shoe repair.

Tailor shop.

Locksmith.

Real estate office and land title company office.

Professional offices: engineer, attorney, CPA, architect, stockbroker, etc.

Financial institutions.

Veterinarian clinic, with boarding for medical reasons only.

Travel agency.

Manufacturers' representatives with stock stored elsewhere.

Maid/cleaning service, with no storage of cleaning chemicals on site.

Arts and crafts classes.

Auto and home glass repair contractor with no service facility on site.

Laundry and dry cleaning collection and distribution with no on-site processing.

Printing and copy center.

Investment company.

Trust company.

Sexually Oriented Entertainment Services (per Section 405.250(L)):

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.

Roadside stands for temporary and seasonal periods.

Church, synagogue or other place of worship.

Retail stores including the following:

Service including the following:

Sales, repair, rental and service of equipment used by business, industry and agriculture.

New or used auto sales, storage of automobiles for sale, lawn and garden equipment and new and used boat sales.

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.

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.

Mortuary and ambulance service.

Private stables on lots of not less than three (3) acres.

Cemetery.

Nurseries or greenhouses.

Accessory uses; for example, external walk-in freezer, accessory storage buildings, etc.

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.

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.

Car wash facilities.

Service stations, with or without service facilities and/or other retail sales, including the sale of intoxicating liquor in the original package.

Maid/cleaning service, with cleaning chemicals stored on site.

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.

Monument works/stonebuilding slabs.

Auto body and engine repair shops, oil change and radiator shop facilities.

Manufacturing facility, with stock stored on site.

Printing establishment.

Warehousing, storage or wholesaling of goods, materials or merchandise, other than live animals, explosives, toxic materials or flammable gases.

Storage facilities (permanent or temporary) for recyclable materials including, but not limited to, glass, plastic, paper, aluminum and cardboard.

Bed and breakfast establishments ("H" Historic District only).

Single-family residential dwelling ("H" Historic District only).

Rental and leasing of motor vehicles.

Financial institutions, photo processing businesses and other commercial businesses with drive-through facilities.

Retirement homes.

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.

Commissaries (engaged in the preparation of meals to be delivered for consumption off the premises) satisfying each of the following criteria:

Vehicle emissions testing facilities.

Any public building erected and used by any department of the County, State or Federal Government.

Dispensary Facilities, where the operation meets the standards contained in Article XX, Comprehensive Regulations — Marijuana Businesses, including Section 405.1040, and meets the spacing requirements of Section 405.1020.

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.

Junk yards and derelict storage.

Hotel and motel.

Kennel.

Single-family, two-family and multiple dwellings.

Pawnshops.

Teen centers.

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:

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.

All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied;

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.

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:

On a site having street frontage of less than two hundred (200) feet on Manchester Road, Big Bend Road or Sulphur Spring Road:

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:

On a site having street frontage of less than two hundred (200) feet on Manchester Road, Big Bend Road or Sulphur Spring Road:

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:

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.

Junk yards and derelict storage.

Hotel and motel.

Kennel.

Single-family, two-family and multiple dwellings.

Pawnshops.

Teen centers.

Convenience stores.

Mini-storage/self-storage facilities.

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.

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.

Parking and loading. Off-street parking and loading standards shall be as found in Article VI.

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.

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.

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.

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.

All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied; and

All conditions and restrictions of Section 405.250(L).

Uses permitted in any residential district in accord with the provisions of this Section.

Special uses permitted in any residential district in accord with the applicable procedures, guides and standards.

Care Home Complex.

To establish an "H" Historic District.

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.

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.

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.

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.

The encourage the use of the areas for the public's education, welfare and pleasure.

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.

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.

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.

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.

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.

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.

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.

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:

Improvements may be made to the interior of a structure with the prior approval of the Planning and Zoning Commission.

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.

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.

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.

A non-conforming building, structure or use may be changed to another non-conforming use of the same or more restricted classification.

To preserve the historic feature of the "H" Historic District.

To stabilize and strengthen commercial and residential property values in such area.

The establishment of exterior design regulations for non-historic structures within the "H" Historic District are to promote the continuity of the district.

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.

An application shall be accompanied by:

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.

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.

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.

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.

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.

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.

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.

The front yard of such historic building shall be not less than seven (7) feet; and

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.

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.

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.

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.

Accessory uses.

Antique stores.

Arts and crafts instruction.

Art gallery.

Bakery (less than three thousand (3,000) square feet).

Beauty salons and barber shops (no massage services).

Camera and photo supplies without drive-through.

Civic, community organization facilities without liquor sales or consumption on the premises.

Curtain and drapery stores (window treatments).

Dentists and dental services.

Floral shops.

General office.

Hardware stores.

Hobby supply and toy stores.

Ice cream stores.

Medical offices.

Music and musical instruments.

Optical stores.

Paint and wallpaper stores.

Pet and pet supply stores without kennels.

Physical therapists.

Picture and framing stores.

Professional offices (e.g., engineer, architect, accountant, attorney).

Radio, appliance, and television repair.

Real estate offices.

Restaurants (e.g., drive-in, fast food) without drive-through (less than five thousand (5,000) square feet).

Restaurants (e.g., standard) without liquor sales or consumption on the premises (less than five thousand (5,000) square feet).

Shoe repair.

Specialty food stores.

Sporting good stores.

Stationery and office supply stores.

Bookstores.

Video Stores.

Accessory uses.

Apparel and accessories (clothing stores).

(Reserved)[1]

Civic, community organization facilities with liquor sales or consumption on the premises.

Gift, novelty and souvenir shops.

Government services (County, State, Federal).

Grocery stores.

Hotel and motel.

Photography studio.

Residential (second floor, multifamily in mixed uses).

Restaurants (e.g. drive-in, fast food) with drive-through.

Restaurants (e.g. standard) with liquor sales or consumption on the premises.

Sports teams and clubs, including karate and martial arts.

Theaters (e.g. live, playhouse).

Used apparel stores.

(Reserved)[2]

Wine shop/boutique.

Financial Institutions.

Mortuary, without a crematorium.

Microbrewery.

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.

Junk yards and derelict storage.

Kennels.

Pawnshops.

Teen centers.

Convenience stores.

Mini-storage/self-storage facilities.

Comprehensive Marijuana Cultivation Facility.

Comprehensive Marijuana-Infused Products Manufacturing Facility.

Marijuana Testing Facility.

Medical Marijuana-Infused Products Manufacturing Facility.

Medical Marijuana Cultivation Facility.

Medical Marijuana Transportation Facility.

Microbusiness Wholesale Facility.

Transportation Facility.

General Standards. Uses set forth in Subsection (B)(1) to (8) shall be in compliance the regulations contained in Article XX, Comprehensive Regulations — Marijuana Businesses, including the spacing requirements of Section 405.1020.

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.

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.

Parking And Loading. Off-street parking and loading standards shall be as found in Article VI.

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.

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.

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.

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.

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.

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.