Manchester City Zoning Code
ARTICLE V
District Regulations
Section 405.170 "R-1" Single-Family Residential District.
[Ord. No. 99-1145 Art. 5 §1, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Single-family dwellings.
a.
On lots of record as of or prior to July 5, 1960, single-family dwellings having a minimum floor area of one thousand one hundred fifty (1,150) square feet of living area, exclusive of garages, carports, porches, breezeways, basements, cellars, and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches.
b.
On lots of record recorded between July 6, 1960, and January 1, 1974, single-family dwellings having a minimum floor area of no less than the average floor area of the majority of the existing single-family dwellings in the subdivision, or in a subdivision of less than five (5) contiguous lots, or on a lot of record not situated in a subdivision no less than one thousand four hundred (1,400) square feet of living area, exclusive of garages, carports, porches, breezeways, basements, cellars, and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches.
c.
On lots of record recorded January 1, 1974, or thereafter, single-family dwellings having a minimum floor area of one thousand eight hundred (1,800) square feet of living area, exclusive of garages, carports, porches, breezeways, basements, cellars, and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches. No such single-family dwelling shall be constructed on a lot of less than one hundred (100) feet in width at the building line.
d.
Floor space may be measured from the outside of the building walls and exterior building elevations shall match those of surrounding existing dwellings.
2.
Parks, playgrounds and community buildings owned or operated by the City of Manchester.
3.
Churches, synagogues or other places of worship.
4.
Golf courses, except miniature courses and driving ranges operated for commercial purposes.
5.
Home occupations in compliance with the requirements of Section 405.155.
[Ord. No. 23-2389, 8-7-2023]
6.
Accessory buildings and uses customarily incidental to the above uses, not involving the conduct of a business, including (1) a private garage or carport, (2) swimming pools and (3) game courts, unlighted, for use by occupants and their guests. Existing carports may be continued.
7.
Temporary buildings or structures, including mobile or relocatable home offices or storage units, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction or upon the expiration of a need for such temporary buildings, whichever is sooner. Continuation of the use beyond one (1) year shall require approval of the Planning and Zoning Commission.
8.
Fencing or a plant material screen which shall not exceed six (6) feet in height and is of a suitable ornamental character. Fences or a landscaped screen on corner lots shall be built so as to not obstruct driver vision from passing automobiles. Fences cannot be constructed in front of a building; however, on side and rear yards the fence may be constructed on the property lines. In a corner lot, the structure may not extend beyond the building line on either side of the yards adjacent to the two (2) streets.
9.
Swimming pools, both in-ground and above-ground pools, not closer than ten (10) feet from the rear and side property lines (measured from the edge of water surface), provided no portion of an accessory structure (decking, patio, sidewalk, pumphouse, etc.) of a pool may be closer than five (5) feet from the rear and side property lines.
10.
Satellite dishes not closer than ten (10) feet from the rear and side property lines, provided a landscaped screening of the dish may be required by the Planning and Zoning Commission in keeping with the character of the adjoining properties.
11.
Mobile business.
[Ord. No. 14-2073 §2, 6-2-2014]
12.
Group Home, provided that it meets the following requirements:
[Ord. No. 19-2262, 7-15-2019]
a.
Group Homes may not be located within one thousand (1,000) feet of another Group Home; and
b.
The exterior appearance shall be in reasonable conformance with the general neighborhood standards wherein such dwelling and property are situated as established, from time to time, by the Planning and Zoning Commission of the City.
B.
Special Uses. The following uses may be permitted as special uses in accordance with the procedures, guides and standards of Article X, Special Uses.
1.
Any public building erected and used by any department of the County, State or Federal Government.
2.
Nurseries, truck gardening or greenhouses, provided that any structure for such shall not be less than one hundred (100) feet from all property lines, but in no event including the raising of poultry, pets or livestock for commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences.
3.
Private stables on lots of three (3) acres or more.
4.
Roadside stands for temporary and seasonal periods.
5.
Clubs and semi-private buildings.
6.
Ball parks or athletic fields, including grandstand, picnic grounds and swimming pool, where the operation is limited to the hours of 6:00 A.M. to 11:00 P.M. only.
7.
Public schools (kindergarten, elementary, secondary and collegiate) and other not-for-profit educational institutions having a curriculum the same as ordinarily given in such public schools, provided such satisfies all requirements of the BOCA Code, the other ordinances of the City of Manchester and the requirements of the West County EMS and Fire Protection District, or its equivalent, as such may, from time to time, be in effect.
8.
Care Home:
[Ord. No. 19-2262, 7-15-2019]
a.
A Care Home may not be located within one thousand (1,000) feet of another group home; and
b.
The exterior appearance shall be in reasonable conformance with the general neighborhood standards wherein such dwelling and property are situated as established, from time to time, by the Planning and Zoning Commission of the City.
C.
Uses Specifically Prohibited.
D.
Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having a depth of not less than thirty (30) feet.
b.
Where a lot has double frontage, the required front yard shall be provided on both streets except that a fence may extend to the property line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each side of such corner lot, except that the buildable width of such lot shall not be reduced to less than fifty (50) feet. No accessory building shall project beyond the front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each side of a building having a width of not less than ten (10) feet or ten percent (10%) of the width of the lot, whichever amount is larger, but the side yard need not exceed twenty-five (25) feet.
b.
The side yard on each side of a building on a lot of record which is less than one hundred (100) feet in width shall have a width of ten percent (10%) of the width of the lot, but shall not be less than five (5) feet.
3.
Rear yard. Except as otherwise provided, there shall be a rear yard having a depth of not less than thirty-five (35) feet or twenty percent (20%) of the depth of lot, whichever amount is larger, but it need not exceed fifty (50) feet.
4.
Intensity of use of lot. Every lot shall have an area of not less than eighteen thousand (18,000) square feet and a minimum width at the building line of one hundred (100) feet except that if a lot of record has less area or width than herein required, that lot may be used only for a single-family dwelling.
F.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.180 "R-2" Single-Family Residential District.
[Ord. No. 99-1145 Art. 5 §2, 9-20-1999]
A.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family dwelling shall have a minimum floor area of one thousand four hundred (1,400) square feet of living area, exclusive of garages, porches, breezeways, basements, cellars, and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches. Floor space shall be measured from the outside of the building walls.
E.
Area Regulations.
1.
Front yard. Same as "R-1" Residential District.
2.
Side yard. Same as "R-1" Residential District.
3.
Rear yard. Same as "R-1" Residential District.
4.
Intensity of use of lot. Every lot shall have an area of not less than fourteen thousand (14,000) square feet; however, the Planning and Zoning Commission may recommend, and the Board of Aldermen may permit where it deems it appropriate, the varying of lot sizes provided the average lot area of the development shall not be less than fourteen thousand (14,000) square feet and no single lot shall be less than ten thousand (10,000) square feet. Minimum width at the building line shall be eighty (80) feet, except that if a lot of record has less area or width than herein required, that lot may be used only for a single-family dwelling.
F.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.190 "R-2A" Single-Family Residential District.
[Ord. No. 99-1145 Art. 5 §3, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family dwelling shall be similar to surrounding dwellings in floor area of living area, exclusive of garages, porches, breezeways, basements, cellars, and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches. Floor space shall be measured from the outside of the building walls. Exterior building elevations shall match those of surrounding existing dwellings.
D.
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having a depth of not less than twenty-five (25) feet.
b.
Where a lot has double frontage, the required front yard shall be provided on both streets except that a fence may extend to the property line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each side of such corner lot, except that the buildable width of such lot shall not be reduced to less than fifty (50) feet. No accessory building shall project beyond the front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each side of a building having a width of not less than ten (10) feet.
F.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.200 "R-3" Single-Family Residential District.
[Ord. No. 99-1145 Art. 5 §4, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family dwelling shall be similar to surrounding dwellings in floor area of living area, exclusive of garages, porches, breezeways, basements, cellars, and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches. Floor space shall be measured from the outside of the building walls. Exterior building elevators shall match those of surrounding existing dwellings.
D.
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having a depth of not less than twenty (20) feet.
b.
Where a lot has double frontage, the required front yard shall be provided on both streets except that a fence may extend to the property line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each side of such corner lot, except that the buildable width of such lot shall not be reduced to less than fifty (50) feet. No accessory building shall project beyond the front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each side of a building having a width of not less than eight (8) feet.
F.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.210 "R-4" Single-Family Residential District.
[Ord. No. 99-1145 Art. 5 §5, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Uses permitted in the "R-1" Residential District, except every single-family dwelling shall be similar to surrounding dwellings in floor area of living area, exclusive of garages, porches, breezeways, basements, cellars and any space within the building where the ceiling height is less than seven (7) feet, six (6) inches. Floor space shall be measured from the outside of the building walls. Exterior building elevations shall match those of surrounding existing dwellings.
D.
Height Regulations. No building shall exceed three (3) stories or forty-five (45) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having a depth of not less than twenty (20) feet.
b.
Where a lot has double frontage, the required front yard shall be provided on both streets except that a fence may extend to the property line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each side of such corner lot, except that the buildable width of such lot shall not be reduced to less than fifty (50) feet. No accessory building shall project beyond the front yard line on either side.
2.
Side yard.
a.
Except as otherwise provided, there shall be a side yard on each side of a building having a width of not less than six (6) feet.
F.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.220 "R-5" Multi-Family Residential District.
[Ord. No. 99-1145 Art. 5 §6, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. Except as elsewhere provided, business and industry are specifically prohibited, and a building or premises shall be used only for the following purposes:
1.
Two-family dwellings.
2.
Multiple-family dwellings.
3.
Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.
4.
Public parks and playgrounds.
5.
Accessory buildings and uses customarily incidental to any of the above uses, including storage garages and carports.
D.
Height Regulations. No structure of any type or kind may be erected in the "R-5" Residential District exceeding the height of thirty-five (35) feet from ground level without a special use permit applied for and granted in accordance with Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having a depth of not less than fifty (50) feet.
b.
Where a lot has double frontage, the required front yard shall be provided on both streets except that a fence may extend to the property line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet and the necessary side yard requirement. No accessory building shall project beyond the front yard line on either side.
2.
Side yard. There shall be a side yard on each side of the building having a width of not less than fifteen (15) feet.
3.
Rear yard. There shall be a rear yard having a depth of not less than fifty (50) feet.
4.
Intensity of use.
a.
Every lot within the district, regardless of use, shall contain an area of not less than eighteen thousand (18,000) square feet provided that:
(1)
A lot on which there is erected a two-family dwelling shall contain an area of not less than nine thousand (9,000) square feet per family, and
(2)
A lot on which there is erected a multiple-dwelling shall contain not less than seven thousand five hundred (7,500) square feet of area per dwelling unit.
F.
Supplemental Requirements For Multi-Family Structures.
1.
Individual dwelling units shall have a minimum floor area of one thousand two hundred fifty (1,250) square feet of living area, exclusive of garages, breezeways, basements, utility rooms, cellars, entrance halls, and any space within the building where the ceiling height is less than seven (7) feet. Floor space shall be measured from the outside of the building walls.
2.
Utility and/or storage space must be provided for each living unit. Such space shall be in addition to the above one thousand two hundred fifty (1,250) square feet minimum. The utility and/or storage space provided must be equal to or greater than five percent (5%) of the actual square foot living area for each individual dwelling unit.
G.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.230 "R-6" Multi-Family Residential District.
[Ord. No. 99-1145 Art. 5 §7, 9-20-1999; Ord. No. 04-1512 §1, 6-7-2004]
A.
Permitted Uses. Except as elsewhere provided, business and industry are specifically prohibited, and a building or premises shall be used only for the following purposes:
1.
Multiple-family dwellings.
2.
Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.
3.
Public parks and playgrounds.
4.
Accessory buildings and uses customarily incidental to any of the above uses, including storage garages and carports.
D.
Height Regulations. No building shall exceed four (4) stories or sixty (60) feet in height, whichever is lower, except as provided in Article VIII, Supplementary Height, Area and Bulk Regulations.
E.
Area Regulations.
1.
Front yard.
a.
Except as hereinafter provided, there shall be a front yard having a depth of not less than twenty (20) feet.
b.
Where a lot has double frontage, the required front yard shall be provided on both streets except that a fence may extend to the property line on the same side as the rear of the principal structure.
c.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet and the necessary side yard requirement. No accessory building shall project beyond the front yard line on either side.
2.
Side yard. There shall be a side yard on each side of the building having a width of not less than ten (10) feet unless previously recorded with less side yard, but in no event less than five (5) feet as approved by the Planning and Zoning Commission.
3.
Rear yard. There shall be a rear yard having a depth of not less than fifteen (15) feet.
4.
Intensity of use.
a.
Every lot within the district, regardless of use, shall contain an area of not less than three thousand (3,000) square feet provided that:
(1)
A lot on which there is erected a two-family dwelling shall contain an area of not less than three thousand (3,000) square feet per family, and
(2)
A lot on which there is erected a multiple-family dwelling shall contain not less than three thousand (3,000) square feet of area per dwelling unit or more if approved by the Planning and Zoning Commission.
F.
Supplemental Requirements For Multi-Family Structures.
1.
Individual dwelling units shall have a minimum floor area of one thousand two hundred fifty (1,250) square feet of living area, exclusive of garages, breezeways, basements, utility rooms, cellars, entrance halls, and any space within the building where the ceiling height is less than seven (7) feet. Floor space shall be measured from the outside of the building walls.
2.
Utility and/or storage space must be provided for each living unit. Such space shall be in addition to the above one thousand two hundred fifty (1,250) square feet minimum. The utility and/or storage space provided must be equal to or greater than five percent (5%) of the actual square foot living area for each individual dwelling unit.
G.
Developer's Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
Section 405.240 "C-1" Commercial District.
[Ord. No. 99-1145 Art. 5 §8, 9-20-1999; Ord. No. 02-1342 §1, 4-15-2002; Ord. No. 02-1343 §1, 4-15-2002; Ord. No. 02-1396 §1, 12-2-2002; Ord. No. 04-1501 §2, 5-3-2004; Ord. No. 06-1663 §1, 4-3-2006; Ord. No. 09-1943A §2, 7-6-2009; Ord. No. 10-1991 §1, 10-4-2010; Ord. No. 12-2021 §1, 1-16-2012; Ord. No. 12-2040 §2, 11-5-2012]
A.
Permitted Uses — Retail Uses. Those retail uses listed below:
1.
Apparel and accessories, excluding used apparel and accessories (which may be allowed subject to the provisions of Subsection (C) hereof).
2.
Retail bakery of not more than three thousand (3,000) square feet.
3.
Camera and photo supplies, of not less than five hundred (500) square feet.
4.
Grocery stores including poultry, meat and fish shops not to exceed ten thousand (10,000) square feet.
5.
Pharmacy and drug stores.
6.
Floral shops.
8.
Hardware stores.
9.
Hobby supply stores.
10.
Music, musical instruments and records with no outside speakers.
11.
Newsstands.
12.
Paint and wallpaper stores.
13.
Stationery and office supply stores.
14.
Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.
[Ord. No. 20-2301, 9-8-2020]
15.
Toy stores.
16.
Variety and department stores not to exceed ten thousand (10,000) square feet.
17.
Fabric and sewing centers.
18.
Carpet and tile centers.
19.
Curtain and drapery sales.
20.
Picture and framing shops.
21.
Appliance stores.
22.
Radio and electronic stores with no outside speakers.
23.
Bicycle shops.
24.
Pet and supplies with no outside kennels.
25.
Furniture stores handling new finished or unfinished furniture.
26.
Rental stores with no outside storage.
27.
Specialty shops handling prepared foods such as cheese, nuts, sausage, candy, etc.
28.
Art gallery.
29.
Sporting goods store.
30.
Optical stores.
31.
Physical fitness centers of family type dealing with total body exercise and weight control programs.
32.
Shoe stores.
33.
Auto parts and sales with no service facilities on site.
34.
Dance school and conservatory teaching ballet, tap dancing, etc.
35.
Ice cream store selling exclusively ice cream and dairy products.
36.
Two (2) or less video game machines or pinball games in conjunction with an established business in the commercial district of the City of Manchester.
37.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
38.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
39.
Sexually Oriented Retail Uses (per Section 405.240(K)):
[Ord. No. 19-2259, 7-15-2019]
40.
Learning centers and tutoring facilities.
[Ord. No. 20-2283, 1-20-2020]
B.
Permitted Uses — Service Uses. Those service uses listed below:
1.
Beauty and barber shops.
2.
Medical and dental offices.
3.
Professional photography studio.
4.
Radio, television and appliance repair.
5.
Shoe repair.
6.
Tailor shop.
7.
Locksmith.
8.
Real estate office.
9.
Professional offices: engineer, attorney, CPA, architect, etc.
10.
Financial institutions.
11.
Veterinarian clinic, with boarding for medical reasons only.
12.
Travel agency.
13.
Manufacturers' representatives where stock stored elsewhere.
14.
Maid/cleaning service, with no storage of cleaning chemicals on site.
15.
Arts and crafts classes.
16.
Auto and home glass repair contractor with no service facility on site.
17.
Investment company.
18.
Trust company.
C.
Special Uses. The following uses may be allowed as special uses in accordance with the procedures, guides and standards in Article X, Special Uses.
1.
Ball park or athletic field, including grandstand, picnic grounds and swimming pool, where the operation is limited to the hours of 6:00 A.M. to 11:00 P.M. only. Light poles and fixtures for ball park and athletic fields may be constructed to a height of seventy-five (75) feet and may be located on or within the property lines of said facility without regard to the setback requirements under Subsection (F) of this Section.
2.
Roadside stands for temporary and seasonal periods.
3.
Church, synagogue or other place of worship.
4.
Retail stores including the following:
a.
Antique stores.
b.
Package liquor stores.
c.
Vehicle and equipment sales.
e.
Auto parts and tire stores with service facilities.
f.
Standard, drive-in, fast-casual and fast-food restaurants.
g.
Grocery stores including poultry, meat and fish shops exceeding ten thousand (10,000) square feet.
h.
Variety and department stores exceeding ten thousand (10,000) square feet.
i.
Home improvement center.
k.
Mini-storage/self-storage facilities satisfying each of the following criteria:
(1)
Such facilities to be of brick construction, with the brick being earth-tone in color or a substantially equivalent color;
(2)
Such facilities be single story;
(3)
Fencing surrounding such facilities be wrought iron with earth-tone (or a similar color) brick piers/pillars;
(4)
No entranceways to the individual storage facilities face the street on which the entrance to such facilities is located, unless properly screened with a combination of masonry and wood screening fence acceptable to the Building Official, in his/her sole discretion;
(5)
Such facilities have pitched roofs;
(6)
All landscaping be approved by the City's Planning and Zoning Commission and Board of Aldermen;
(7)
Such facilities be located on a site of not less than three and one-half (3½) acres nor more than five (5) acres;
(8)
A landscaped buffer area of ten (10) feet (or as may be required by the City's Planning and Zoning Commission) surround the perimeter of such facilities;
(9)
Such facilities not exceed, in leasable space, sixty-five thousand (65,000) square feet;
(10)
Such facilities have a live-in, on-site manager on the premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year (with apartment living accommodations for such manager);
(11)
Such facilities have a state-of-the-art security system;
(12)
Such facilities employ an intercom system, but not a paging system, for security purposes;
(13)
Provide stormwater detention as may be required by the City and/or by the Metropolitan St. Louis Sewer District; and
(14)
Such other criteria as shall be reasonably established by the City's Planning and Zoning Commission and Board of Aldermen, after considering the particular circumstances of an applicant.
5.
Service facilities including the following:
a.
Day care center, senior citizen center, day nursery, or day care school.
b.
Clubs and semi-private facilities.
c.
Theaters.
d.
Amusement establishments such as bowling, game room, etc.
e.
Karate and other martial arts center.
f.
Laundry and dry cleaning, provided collection and distribution and on-site processing shall be contingent on review of process chemicals by Building Official and Planning and Zoning Commission, to include adequate architecturally approved venting and flues.
g.
Nursing home.
h.
Massage therapists, provided that not more than three (3) business licenses for massage therapists shall be issued and outstanding at any given time, except that this limit shall not apply to massage therapy offered as an accessory use to a principal use of medical office.
[Ord. No. 17-2183 § 1, 5-1-2017; Ord. No. 20-2285, 1-20-2020]
i.
Physical therapist.
j.
Children's amusement and fitness centers.
6.
Sales, repair, rental and service of equipment used by business, industry and agriculture.
7.
New or used auto sales, storage of automobiles for sale, lawn and garden equipment, and new and used boat sales.
8.
Lumberyards which are completely enclosed by a solid wood fence of at least eight (8) feet in height and having no more than one (1) opening per two hundred (200) feet of frontage on a public street; such openings may not be more than twelve (12) feet wide and must be provided with a gate or door which must be kept closed when the establishment is closed.
9.
The office and display room of home repair contractors such as heating, painting, roofing and decorating contractors, provided that any of these uses is operated in a completely enclosed building, there is no storage of supplies or equipment on the premises outside the building, and no more than forty percent (40%) of the gross floor area is used for processing and fabricating.
10.
Mortuary and ambulance service.
11.
Private stables on lots of not less than three (3) acres.
12.
Cemetery.
13.
Nurseries or greenhouses.
14.
Accessory uses; for example, external walk-in freezer, accessory storage buildings, etc.
15.
The sale of used goods, merchandise and equipment, provided such sale is consistent with and incidental to the sale of new goods, merchandise and equipment of the same type and character as sold pursuant to a business license and/or special use permit held by the applicant for a special use permit under this Subsection (15) and, further provided, that no more than fifty percent (50%) of the gross sales/gross receipts of a recipient of any special use permit issued hereunder shall be derived from the sale of goods, merchandise and equipment.
16.
Restaurant with cocktail lounges selling liquor by the drink for consumption on the premises.
17.
Car wash facilities.
18.
Service stations, with or without service facilities and/or other retail sales, including the sale of intoxicating liquor in the original package.
19.
Maid/cleaning service, with cleaning chemicals stored on site.
20.
Used apparel and accessories stores, with a maximum of three (3) such permits being issued and outstanding at any time, in the aggregate, in the "C-1," "C-2" and "PCD" Zoning Districts of the City.
[Ord. No. 14-2070 §1, 4-21-2014]
21.
Monument works/stonebuilding slabs.
22.
Auto body and engine repair shops, oil change and radiator shop facilities.
23.
Manufacturing facility, with stock stored on site.
24.
Printing establishment.
25.
Warehousing, storage or wholesaling of goods, materials or merchandise, other than live animals, explosives, toxic materials or flammable gases.
26.
Storage facilities (permanent or temporary) for recyclable materials including, but not limited to, glass, plastic, paper, aluminum and cardboard.
27.
Bed and breakfast establishments ("H" Historic District only).
28.
Single-family residential dwelling ("H" Historic District only).
29.
Rental and leasing of motor vehicles.
30.
Financial institutions, photo processing businesses and other commercial businesses with drive-through facilities.
31.
Retirement homes.
32.
The sale of lottery tickets whereby a winner is determined by a drawing or selection of a winning ticket ("Lotto" lottery tickets or its equivalent), provided that there shall be no more than five (5) special use permits issued hereunder in existence at any given time and, further provided, that no more than twenty-five percent (25%) of the gross sales/gross receipts of a recipient of any special use permit issued hereunder shall be derived from the sale of any type of lottery ticket sold pursuant to the State Lottery Law of the State of Missouri.
33.
Commissaries (engaged in the preparation of meals to be delivered for consumption off the premises) satisfying each of the following criteria:
a.
Preparation of meals to serve no less than five hundred (500) persons per day;
b.
Meals to be prepared on Mondays through Fridays only between the hours of 7:30 A.M. and 2:00 P.M.;
c.
There shall be strict compliance with all applicable rules and regulations of the St. Louis County Health Department;
d.
No more than four (4) delivery vehicles shall be employed by the holder of such special use permit;
e.
All delivery vehicles shall contain a heated cabinet for hot meals and a refrigeration unit for cold meals;
f.
Deliveries of groceries, dairy products and produce to such commissary shall be only between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday;
g.
Delivery of meals shall be only between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday;
h.
Such commissary shall be operated not-for-profit; and
i.
All delivery vehicles shall be parked behind the premises so as to not be visible from the front of the premises.
34.
Vehicle emissions testing facilities.
35.
Beauty/cosmetology schools.
36.
Any public building erected and used by any department of the County, State or Federal Government.
37.
Lawn care services (defined as lawn fertilization, aeration, weed control, tree and shrub spraying).
D.
Uses Specifically Prohibited.
1.
Outside storage of materials, equipment, goods, supplies and merchandise is prohibited on any parcel of property in the "C-1" Commercial District, except as provided herein. The display of materials, equipment, goods, supplies and merchandise for temporary or seasonal promotions and sales may be granted upon the prior approval of the Planning and Zoning Administrator; such approval shall be limited to two (2) times per calendar year, for a maximum time period of one (1) week for each administrative approval. The Board of Aldermen may, in its discretion, allow outside storage on a more expansive basis through the issuance of a special use permit pursuant to the procedures established in this Chapter.
2.
Junk yards and derelict storage.
3.
Hotel and motel.
4.
Kennel.
5.
Single-family, two-family and multiple dwellings.
6.
Pawnshops.
7.
Teen centers.
8.
Convenience stores.
E.
Non-Conforming Uses In The "C-1" Commercial District. Regulations regarding non-conforming uses in the "C-1" Commercial District are contained in Article XIV, Commercial Non-Conforming Uses.
F.
Height Regulations. A building or structure shall not exceed thirty-five (35) feet in height unless any point on the building is set back from the nearest point on a property line a distance equal to the height of that point on the building, but in no event may the height exceed seventy-five (75) feet.
G.
Yard Regulations.
1.
The minimum front, side and rear yards for all buildings hereafter erected or structurally altered within the "C-1" Commercial District shall conform to the following table:
District | Front Yard | Side Yard | Rear Yard | |
|---|---|---|---|---|
"C-1" Commercial | 30 feet | 10 feet* | 10 feet* | |
* This yard is required only when the yard in the "C-1" Commercial District adjoins or abut, a residentially zoned lot of the City. | ||||
2.
In addition to the yard requirements set forth above in paragraph (1) of this Subsection (G), a buffer area must be provided at the rear and side lots zoned "C-1" Commercial and abutting a residentially zoned lot. Approval of design of the buffer area by the Planning and Zoning Commission is required. The buffer shall have a depth of eight percent (8%) of the lot but, in no event, less than ten (10) feet, unless the depth of the lot exceeds six hundred (600) feet, in which case the buffer strip shall be five percent (5%) of the depth of the lot or an average of forty-five (45) feet, whichever is greater. The buffer strip shall be at the same elevation as the adjoining or abutting residential lot or lots unless the Planning and Zoning Commission shall determine such to be impractical, in which case such Commission may impose additional requirements in order to accommodate such circumstance, including consideration of such things as the number of planted trees, size of trees, spacing of trees, or use of other methods of screening, such as fencing, so as to preserve the effectiveness of such buffer strip. At a minimum, such buffer strip shall contain trees having a minimum diameter spread at the canopy base of three (3) feet and located in double staggered rows on ten (10) foot centers. Approved plant materials shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar. All plants within the buffer shall be maintained in a healthy condition or shall be replaced. Driveways and parking areas shall not be permitted in a buffer zone. If the Planning and Zoning Commission shall determine that the aforementioned buffer strip requirements are impractical, the Commission may impose additional or varied requirements in order to accommodate the development circumstances, such may include the erection of sound walls.
H.
Screening Of HVAC Units And Refuse Containers.
1.
Heating, ventilating and air conditioning units shall be fully screened from public view by an element of the building or by separate permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material, color, size and shape.
2.
Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls or landscaped planting harmonizing with the building in color, size and shape.
I.
Developers' Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
J.
Signage And Landscaping Plans. No new construction or exterior renovation may be undertaken within the district without it first being determined by the Building Official that the signage and landscaping plans, if applicable, are consistent with the regulations of the City of Manchester therefor provided.
K.
A sexually oriented retail use permitted in the "C-1" District shall be permitted, subject to the following conditions and restrictions:
[Ord. No. 19-2259, 7-15-2019]
1.
All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied; and
2.
All conditions and restrictions of Section 405.250(L), sexually oriented personal services, shall also apply.
Section 405.250 "C-2" Commercial District.
[Ord. No. 99-1145 Art. 5 §9, 9-20-1999; Ord. No. 02-1343 §2, 4-15-2002; Ord. No. 04-1501 §3, 5-3-2004; Ord. No. 06-1663 §2, 4-3-2006; Ord. No. 09-1943A §2, 7-6-2009; Ord. No. 10-1991 §1, 10-4-2010; Ord. No. 12-2040 §3, 11-5-2012]
A.
Permitted Uses — Retail Uses. Those retail uses listed below:
1.
Apparel and accessories, excluding used apparel and accessories (which may be allowed subject to the provisions of Subsection (C) hereof.
2.
Retail bakery of not more than three thousand (3,000) square feet.
3.
Camera and photo supplies of not less than five hundred (500) square feet.
4.
Grocery stores including poultry, meat and fish shops not to exceed ten thousand (10,000) square feet.
5.
Pharmacy and drug stores.
6.
Floral shops.
8.
Hardware stores.
9.
Hobby supply stores.
10.
Music, musical instruments and records with no outside speakers.
11.
Newsstands.
12.
Paint and wallpaper stores.
13.
Stationery, card shops and office supply stores.
14.
Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.
[Ord. No. 20-2301, 9-8-2020]
15.
Toy stores.
16.
Variety and department stores not to exceed ten thousand (10,000) square feet.
17.
Fabric and sewing centers.
18.
Carpet and tile centers.
19.
Curtain and drapery sales.
20.
Picture and framing shops.
21.
Appliance stores.
22.
Radio and electronic stores with no outside speakers.
23.
Bicycle shops.
24.
Pet and supplies with no outside kennels.
25.
Furniture stores handling new finished or unfinished furniture.
26.
Rental stores with no outside storage.
27.
Specialty shops handling prepared foods such as cheese, nuts, sausage, candy, etc.
28.
Art gallery.
29.
Sporting goods store.
30.
Optical stores.
31.
Physical fitness centers of family type dealing with total body exercise and weight control programs.
32.
Shoe stores.
33.
Auto parts and sales with no service facility on site.
34.
Dance school and conservatory teaching ballet, tap dancing, etc.
35.
Ice cream store selling exclusively ice cream, dairy products and non-alcoholic beverages.
36.
Two (2) or less video game machines and pinball games in conjunction with an established business in the commercial district of the City of Manchester.
38.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
39.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
41.
Learning centers and tutoring facilities.
[Ord. No. 20-2283, 1-20-2020]
B.
Permitted Uses — Service Uses. Those service uses listed below:
1.
Beauty, barber and nail shops.
2.
Medical, dental and chiropractic offices.
3.
Professional photography studio.
4.
Radio, television and appliance repair.
5.
Shoe repair.
6.
Tailor shop.
7.
Locksmith.
8.
Real estate office and land title company office.
9.
Professional offices: engineer, attorney, CPA, architect, stockbroker, etc.
10.
Financial institutions.
11.
Veterinarian clinic, with boarding for medical reasons only.
12.
Travel agency.
13.
Manufacturers' representatives with stock stored elsewhere.
14.
Maid/cleaning service, with no storage of cleaning chemicals on site.
15.
Arts and crafts classes.
16.
Auto and home glass repair contractor with no service facility on site.
17.
Laundry and dry cleaning collection and distribution with no on-site processing.
18.
Printing and copy center.
19.
Investment company.
20.
Trust company.
21.
Sexually Oriented Entertainment Services (per Section 405.250(L)):
[Ord. No. 19-2259, 7-15-2019]
C.
Special Uses. The following uses may be allowed as special uses in accordance with the procedures, guides and standards in Article X, Special Uses.
1.
Ball park or athletic field, including grandstand, picnic grounds and swimming pool, where the operation is limited to the hours of 6:00 A.M. to 11:00 P.M. only. Light poles and fixtures for ball park and athletic fields may be constructed to a height of seventy-five (75) feet and may be located on or within the property lines of said facility without regard to the setback requirements under Subsection (F) of this Section.
2.
Roadside stands for temporary and seasonal periods.
3.
Church, synagogue or other place of worship.
4.
Retail stores including the following:
a.
Antique stores.
b.
Package liquor stores.
c.
Vehicle and equipment sales.
e.
Auto parts and tire stores with service facilities.
f.
Standard, drive-in, fast-casual and fast-food restaurants.
g.
Grocery stores including poultry, meat and fish shops exceeding ten thousand (10,000) square feet.
h.
Variety and department stores exceeding ten thousand (10,000) square feet.
i.
Home improvement center.
k.
Mini-storage/self-storage facilities satisfying each of the following criteria:
(1)
Such facilities to be of brick construction, with the brick being earth-tone in color or its substantially equivalent color;
(2)
Such facilities be single story;
(3)
Fencing surrounding such facilities be wrought iron with earth-tone (or similar color) brick piers/pillars;
(4)
No entranceways to the individual storage facilities face the street on which the entrance to such facilities is located unless properly screened with a combination of masonry and wood screening fence acceptable to the Building Official, in his/her sole discretion;
(5)
Such facilities have pitched roofs;
(6)
All landscaping be approved by the City's Planning and Zoning Commission and Board of Aldermen;
(7)
Such facilities be located on a site of not less than three and one-half (3½) acres nor more than five (5) acres;
(8)
A landscaped buffer area of ten (10) feet (or as may be required by the City's Planning and Zoning Commission) surround the perimeter of such facilities;
(9)
Such facilities not exceed, in leasable space, sixty-five thousand (65,000) square feet;
(10)
Such facilities have a live-in, on-site manager on the premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year (with apartment living accommodations for such manager);
(11)
Such facilities have a state-of-the-art security system;
(12)
Such facilities employ an intercom system, but not a paging system, for security purposes;
(13)
Provide stormwater detention as may be required by the City and/or by the Metropolitan St. Louis Sewer District; and
(14)
Such other criteria as shall be reasonably established by the City's Planning and Zoning Commission and Board of Aldermen, after considering the particular circumstances of an applicant.
l.
Convenience stores.
5.
Service including the following:
a.
Day care center, senior citizen center, day nursery, or day care school.
b.
Clubs and semi-private facilities.
c.
Theaters.
d.
Amusement establishments such as bowling, game room, etc.
e.
Karate and other martial arts center.
f.
Laundry and dry cleaning, provided collection and distribution and on-site processing shall be contingent on review of process chemicals by Building Official and Planning and Zoning Commission, to include adequate architecturally approved venting and flues.
g.
Nursing home.
h.
Massage therapists, provided that not more than three (3) business licenses for massage therapists shall be issued and outstanding at any given time, except that this limit shall not apply to massage therapy offered as an accessory use to a principal use of medical office.
[Ord. No. 17-2183 § 2, 5-1-2017; Ord. No. 20-2285, 1-20-2020]
i.
Physical therapist.
j.
Children's amusement and fitness centers.
6.
Sales, repair, rental and service of equipment used by business, industry and agriculture.
7.
New or used auto sales, storage of automobiles for sale, lawn and garden equipment and new and used boat sales.
8.
Lumberyards which are completely enclosed by a solid wood fence of at least eight (8) feet in height and having no more than one (1) opening per two hundred (200) feet of frontage on a public street; such openings may not be more than twelve (12) feet wide and must be provided with a gate or door which must be kept closed when the establishment is closed.
9.
The office and display room of home repair contractors such as heating, painting, roofing and decorating contractors, provided that any of these uses is operated in a completely enclosed building, there is no storage of supplies or equipment on the premises outside the building and no more than forty percent (40%) of the gross floor area is used for processing and fabricating.
10.
Mortuary and ambulance service.
11.
Private stables on lots of not less than three (3) acres.
12.
Cemetery.
13.
Nurseries or greenhouses.
14.
Accessory uses; for example, external walk-in freezer, accessory storage buildings, etc.
15.
The sale of used goods, merchandise and equipment provided such sale is consistent with and incidental to the sale of new goods, merchandise and equipment of the same type and character as sold pursuant to a business license and/or special use permit held by the applicant for a special use permit under this Subparagraph (15) and, further provided, that no more than fifty percent (50%) of the gross sales/gross receipts of a recipient of any special use permit issued hereunder shall be derived from the sale of used goods, merchandise and equipment.
16.
Restaurant with cocktail lounges selling liquor by the drink for consumption on the premises and those with drive-up service windows or curb-hop service.
17.
Car wash facilities.
18.
Service stations, with or without service facilities and/or other retail sales, including the sale of intoxicating liquor in the original package.
19.
Maid/cleaning service, with cleaning chemicals stored on site.
20.
Used apparel and accessories stores, with a maximum of three (3) such permits being issued and outstanding at any time, in the aggregate, in the "C-1", "C-2" and "PCD" Zoning Districts of the City.
[Ord. No. 14-2070 §2, 4-21-2014]
21.
Monument works/stonebuilding slabs.
22.
Auto body and engine repair shops, oil change and radiator shop facilities.
23.
Manufacturing facility, with stock stored on site.
24.
Printing establishment.
25.
Warehousing, storage or wholesaling of goods, materials or merchandise, other than live animals, explosives, toxic materials or flammable gases.
26.
Storage facilities (permanent or temporary) for recyclable materials including, but not limited to, glass, plastic, paper, aluminum and cardboard.
27.
Bed and breakfast establishments ("H" Historic District only).
28.
Single-family residential dwelling ("H" Historic District only).
29.
Rental and leasing of motor vehicles.
30.
Financial institutions, photo processing businesses and other commercial businesses with drive-through facilities.
31.
Retirement homes.
32.
The sale of lottery tickets whereby a winner is determined by a drawing or selection of a winning ticket ("Lotto" lottery tickets or its equivalent), provided that there shall be no more than five (5) special use permits issued hereunder in existence at any given time and, further provided, that no more than twenty-five percent (25%) of the gross sales/gross receipts of a recipient of any special use permit issued hereunder shall be derived from the sale of any type of lottery ticket sold pursuant to the State Lottery Law of the State of Missouri.
33.
Commissaries (engaged in the preparation of meals to be delivered for consumption off the premises) satisfying each of the following criteria:
a.
Preparation of meals to serve no less than five hundred (500) persons per day;
b.
Meals to be prepared on Mondays through Fridays only between the hours of 7:30 A.M. and 2:00 P.M.;
c.
There shall be strict compliance with all applicable rules and regulations of the St. Louis County Health Department;
d.
No more than four (4) delivery vehicles shall be employed by the holder of such special use permit;
e.
All delivery vehicles shall contain a heated cabinet for hot meals and a refrigeration unit for cold meals;
f.
Deliveries of groceries, dairy products and produce to such commissary shall be only between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday;
g.
Delivery of meals shall be only between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday;
h.
Such commissary shall be operated not-for-profit; and
i.
All delivery vehicles shall be parked behind the premises so as to not be visible from the front of the premises.
34.
Vehicle emissions testing facilities.
35.
Any public building erected and used by any department of the County, State or Federal Government.
D.
Uses Specifically Prohibited.
1.
Outside storage of materials, equipment, goods, supplies and merchandise is prohibited on any parcel of property in the "C-2" Commercial District, except as provided herein. The display of materials, equipment, goods, supplies and merchandise for temporary or seasonal promotions and sales may be granted upon the prior approval of the Planning and Zoning Administrator; such approval shall be limited to two (2) times per calendar year, for a maximum time period of one (1) week for each administrative approval. The Board of Aldermen may, in its discretion, allow outside storage on a more expansive basis through the issuance of a special use permit pursuant to the procedures established in this Chapter.
2.
Junk yards and derelict storage.
3.
Hotel and motel.
4.
Kennel.
5.
Single-family, two-family and multiple dwellings.
6.
Pawnshops.
7.
Teen centers.
E.
Non-Conforming Uses In The "C-2" Commercial District. Regulations regarding non-conforming uses in the "C-2" Commercial District are contained in Article XIV, Commercial Non-Conforming Uses.
F.
Height Regulations. A building or structure shall not exceed forty-five (45) feet in height unless any point on the building is set back from the nearest point on a property line a distance equal to the height of that point on the building, but, in no event, may the height exceed seventy-five (75) feet.
G.
Yard Regulations.
1.
The minimum front, side and rear yards for all buildings hereafter erected or structurally altered within the "C-2" Commercial District shall conform to the following table:
District | Front Yard | Side Yard | Rear Yard | |
|---|---|---|---|---|
"C-2" Commercial | 15 feet | 10 feet* | 10 feet | |
* This yard is required only when the yard in the "C-2" Commercial District adjoins or abut, a residentially zoned lot of the City. | ||||
2.
In addition to the yard requirements set forth above in paragraph (1) of this Subsection (G), a buffer area must be provided at the rear and side lots zoned "C-2" Commercial and abutting a residentially zoned lot. Approval of design of the buffer area by the Planning and Zoning Commission is required. The buffer shall have a depth of ten (10) feet which may include the use of architectural sound walls as determined by the Planning and Zoning Commission. The buffer strip shall be at the same elevation as the adjoining or abutting residential lot or lots unless the Planning and Zoning Commission shall determine such to be impractical, in which case such Commission may impose additional requirements in order to accommodate such circumstance, including consideration of such things as the number of planted trees, size of trees, spacing of trees, or use of other methods of screening, such as fencing and sound walls, so as to preserve the effectiveness of such buffer strip. At a minimum, such buffer strip shall contain trees having a minimum diameter spread at the canopy base of three (3) feet and located in double staggered rows on ten (10) foot centers. Approved plant materials shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar. All plants within the buffer shall be maintained in a healthy condition or shall be replaced. Driveways and parking areas shall not be permitted in a buffer zone. If the Planning and Zoning Commission shall determine that the aforementioned buffer strip requirements are impractical, the Commission may impose additional or varied requirements in order to accommodate the development circumstances, such may include the erection of sound walls.
H.
Screening Of HVAC Units And Refuse Containers. Heating, ventilating and air conditioning units shall be fully screened from public view by an element of the building or by separate permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material, color, size and shape. Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls or landscaped planting harmonizing with the building in color, size and shape.
I.
Developers' Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
J.
Signage And Landscaping Plans. No new construction or exterior renovation may be undertaken within the district without it first being determined by the Building Official that the signage and landscaping plans, if applicable, are consistent with the regulations of the City of Manchester therefor provided.
K.
Effect of St. Louis County Ordinance. Any property within the "C-2" Commercial District, which was previously within St. Louis County's "C-8" or "PEU" Zoning Districts and which was then subject to an ordinance adopted by the St. Louis County Council which imposed terms and conditions on the use of such property (commonly referred to as special use or conditional use permits), shall continue to be governed by the terms and conditions of such ordinance of the St. Louis County Council unless and until the terms and conditions of such ordinance shall be modified by an ordinance adopted by the Board of Aldermen of the City.
L.
Sexually oriented retail or entertainment service uses permitted in the "C-2" District shall be subject to the following conditions and restrictions:
[Ord. No. 19-2259, 7-15-2019]
2.
No more than two (2) uses permitted herein may be located within one thousand (1,000) feet of each other. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the uses noted above.
3.
The one thousand (1,000) foot restriction between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Commission, if the applicant demonstrates by substantial and competent evidence that:
a.
The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this Chapter will be observed,
b.
The proposed use will not enlarge or encourage the development of a " blighted area" as defined in the Revised Statutes of Missouri,
c.
The establishment of such use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of community renewal, and
d.
All applicable regulations of this Chapter will be observed.
Section 405.260 "PCD" Planned Commercial Development District.
[Ord. No. 99-1145 Art. 5 §10, 9-20-1999; Ord. No. 09-1943A §2, 7-6-2009; Ord. No. 12-2040 §4, 11-5-2012]
A.
Intent. The "PCD" Planned Commercial Development District is intended to encourage high quality commercial and office development, not contributing to traffic congestion on Manchester Road, Big Bend Road and Sulphur Spring Road, but, rather, providing smooth traffic flow to and from the site, as well as internal traffic circulation; while, at the same time, providing adequate protection for residential properties which may abut the district.
B.
Permitted Uses. A building or land shall be used only for the following purposes, subject to site plan review and approval as provided in Article XVIII and the development standards of this Section.
1.
On a site having street frontage of less than two hundred (200) feet on Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Medical and dental offices.
b.
Real estate offices.
c.
Professional offices: engineer, attorney, certified public accountant, architect, etc.
d.
Other offices which, in the judgment of the Planning and Zoning Administrator will not generate a greater flow of vehicular traffic than the above uses.
e.
Investment company.
f.
Trust company.
2.
On a site having at least two hundred (200) feet of street frontage on Manchester Road, Big Bend Road or Sulphur Spring Road or having primary access from a designated arterial or major collector road intersecting Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Apparel and accessories, excluding used apparel and accessories.
b.
Retail bakery of not more than three thousand (3,000) square feet.
c.
Camera and photo supplies of not less than five hundred (500) square feet.
d.
Grocery stores including poultry, meat and fish shops not to exceed ten thousand (10,000) square feet.
e.
Pharmacy and drug stores.
f.
Floral shops.
h.
Hardware stores.
i.
Hobby supply stores.
j.
Music, musical instruments and records with no outside speakers.
k.
Newsstands.
l.
Paint and wallpaper stores.
m.
Stationery and office supply stores.
n.
Tobacco stores and businesses that sell tobacco products or electronic smoking devices, provided they meet the spacing requirements of Section 405.168.
[Ord. No. 20-2301, 9-8-2020]
o.
Toy stores.
p.
Variety and department stores not to exceed ten thousand (10,000) square feet.
q.
Fabric and sewing centers.
r.
Carpet and tile centers.
s.
Curtain and drapery sales.
t.
Picture and framing shops.
u.
Appliance stores.
v.
Radio and electronics stores with no outside speakers.
w.
Bicycle shops.
x.
Pet and supplies with no outside kennels.
y.
Furniture stores handling new finished or unfinished furniture.
z.
Rental stores with no outside storage.
aa.
Specialty shops handling prepared foods such as cheese, nuts, sausage, candy, etc.
ab.
Art gallery.
ac.
Sporting goods store.
ad.
Optical stores.
ae.
Physical fitness centers of family type dealing with total body exercise and weight control programs.
af.
Shoe stores.
ag.
Auto parts and sales with no service facility on site.
ah.
Dance school and conservatory teaching ballet, tap dancing, etc.
ai.
Ice cream store selling exclusively ice cream and dairy products.
aj.
Beauty and barber shops.
ak.
Medical and dental offices.
al.
Professional photography studio.
am.
Radio, television and appliance repair.
an.
Shoe repair.
ao.
Tailor shop.
ap.
Locksmith.
aq.
Real estate office.
ar.
Professional offices: engineer, attorney, certified public accountant, architect, etc.
as.
Savings and loan and financial institutions.
at.
Veterinarian clinic with boarding for medical reasons only.
au.
Travel agency.
av.
Manufacturers' representatives with stock stored elsewhere.
aw.
Maid/cleaning service, with no storage of cleaning chemicals on site.
ax.
Arts and crafts classes.
ay.
Auto and home glass repair contractor with no service facility on site.
az.
Investment company.
ba.
Trust company.
bb.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
bc.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
C.
Special Uses. The following uses may be permitted as special uses in accordance with the procedures, guides and standards of Article X, Special Uses and the development standards of this Section.
1.
On a site having street frontage of less than two hundred (200) feet on Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Accessory uses.
2.
On a site having at least two hundred (200) feet of street frontage on Manchester Road, Big Bend Road and Sulphur Spring Road or having primary access from a designated arterial or major collector road intersecting Manchester Road, Big Bend Road or Sulphur Spring Road:
a.
Ball park or athletic field, including grandstand, picnic grounds, swimming pool, where the operation is limited to the hours of 6:00 A.M. to 11:00 P.M. only.
b.
Roadside stands for temporary and seasonal periods.
c.
Church, synagogue or other place of worship.
d.
Retail stores including the following:
(1)
Antique stores.
(2)
Package liquor store.
(3)
Vehicle and equipment sales.
(5)
Auto parts and tire stores with service facilities.
(6)
Standard, drive-in, fast-casual and fast-food restaurants.
(7)
Grocery store including poultry, meat and fish shops exceeding ten thousand (10,000) square feet.
(8)
Variety and department stores exceeding ten thousand (10,000) square feet.
(9)
Home improvement center.
e.
Service facilities including the following:
(1)
Day care center, senior citizen center, day nursery, or day care school.
(2)
Clubs and semi-private facilities.
(3)
Theaters.
(4)
Amusement establishments such as bowling, game room, etc.
(5)
Monument works.
(6)
Karate and other martial arts centers.
(7)
Laundry and dry cleaning, provided collection and distribution and on-site processing shall be contingent on review of process chemicals by Building Official and Planning and Zoning Commission, to include adequate architecturally approved venting and flues.
(8)
Nursing home.
(9)
Massage therapists, provided that not more than three (3) business licenses for massage therapists shall be issued and outstanding at any given time, except that this limit shall not apply to massage therapy offered as an accessory use to a principal use of medical office.
[Ord. No. 17-2183 § 3, 5-1-2017; Ord. No. 20-2285, 1-20-2020]
(10)
Physical therapist.
(11)
Children's amusement and fitness centers.
f.
Sales, repair, rental and service of equipment used by business, industry and agriculture.
g.
New or used auto sales, storage of automobiles for sale, lawn and garden equipment and new and used boat sales.
h.
Lumberyards which are completely enclosed by a solid wall or a solid wood fence of at least eight (8) feet in height and having no more than one (1) opening per two hundred (200) feet of frontage on a public street; such openings may not be more than twelve (12) feet wide and must be provided with a gate or door which must be kept closed when the establishment is closed.
i.
The office and display room of home repair contractors such as heating, painting, roofing and decorating contractors, provided that any of these uses is operated in a completely enclosed building, there is no storage of supplies or equipment on the premises outside the building and no more than forty percent (40%) of the gross floor area is used for processing and fabricating.
j.
Mortuary and ambulance service.
k.
Private stables on lots of not less than three (3) acres.
l.
Cemetery.
m.
Nurseries or greenhouses.
n.
Accessory uses; for example, external walk-in freezer, accessory storage buildings, etc.
o.
Restaurant with cocktail lounges selling liquor by the drink for consumption on the premises.
p.
Car wash facilities.
q.
Automotive service stations, with or without service facilities and/or other retail sales.
r.
Maid/cleaning service, with cleaning chemicals stored on site.
s.
Used apparel and accessories stores, with a maximum of three (3) such permits being issued and outstanding at any time, in the aggregate, in the "C-1", "C-2" and "PCD" Zoning Districts of the City.
[Ord. No. 14-2070 §3, 4-21-2014]
t.
Monument works/stonebuilding slabs.
u.
Auto body and engine repair shops, oil change and radiator shop facilities.
v.
Manufacturing facility, with stock stored on site.
w.
Printing establishment.
x.
Warehousing, storage or wholesaling of goods, materials or merchandise, other than live animals, explosives, toxic materials or flammable gases.
y.
Storage facilities (permanent or temporary) for recyclable materials including, but not limited to, glass, plastic, paper, aluminum and cardboard.
z.
Bed and breakfast establishments ("H" Historic District only).
aa.
Single-family residential dwelling ("H" Historic District only).
ab.
Rental and leasing of motor vehicles.
ac.
Financial institutions, photo processing businesses and other commercial businesses with drive-through facilities.
ad.
Retirement homes.
D.
Uses Specifically Prohibited.
1.
Outside storage is specifically prohibited; however, display of merchandise when used in conjunction with seasonal promotion and sales are permitted, but not to exceed six (6) weeks, with approval from the Board of Aldermen. Outside storage of new or used automobiles, lawn and garden equipment, new or used boats and equipment used by business, industry and agriculture may be permitted subject to other provisions of this Chapter.
2.
Junk yards and derelict storage.
3.
Hotel and motel.
4.
Kennel.
5.
Single-family, two-family and multiple dwellings.
6.
Pawnshops.
7.
Teen centers.
8.
Convenience stores.
9.
Mini-storage/self-storage facilities.
E.
Development Standards.
1.
Access. The principal means of access shall be from arterial or collector roads. Access points shall be determined by the City, but in no event shall they be closer than two hundred (200) feet to each other, except for uses itemized in Subsection (B)(1) above. Joint use of access shall be encouraged.
2.
Internal circulation. The design for internal circulation shall be appropriately related to access points and provide for safe and efficient movement of vehicles and pedestrians. Internal circulation between adjacent properties shall be encouraged and the City may, where appropriate, require cross-access easements to reserve internal access to adjacent properties for the purpose of reducing turning movements on Manchester Road, Big Bend Road and Sulphur Spring Road and provide better circulation within the overall zoning district.
4.
Height regulations. A building or structure shall not exceed thirty-five (35) feet in height unless any point on the building is set back from the nearest point on a property line a distance equal to the height of that point on the building, but in no event may the height exceed seventy-five (75) feet.
5.
Protection of adjacent residential districts. Where development will abut a residential district, a buffer area must be provided at the rear and side lots zoned to the above district and such abutting residentially zoned lots. Approval of design of the buffer area by the Planning and Zoning Commission is required. The buffer shall have a depth of eight percent (8%) of the lot or fifty (50) feet, whichever is greater, unless the depth of the lot exceeds six hundred (600) feet, in which case the buffer strip shall be five percent (5%) of the depth of the lot or an average of forty-five (45) feet, whichever is greater. The buffer strip shall be at the same elevation as the adjacent residential lot or lots unless the Planning and Zoning Commission shall determine such to be impractical, in which case such Commission may impose additional requirements, in order to accommodate such fact, with regard to such things as the number of planted trees, size of trees, spacing of trees, or use of other methods of screening, such as fencing, so as to preserve the effectiveness of such buffer strip. At a minimum, such buffer strip shall be planted with evergreens a minimum of five (5) feet tall with a minimum diameter spread at the canopy base of three (3) feet and located in double staggered rows on ten (10) foot centers. Approved plant materials shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar. Said plants shall be maintained in a healthy condition or shall be replaced. Driveways and parking areas shall not be permitted in a buffer zone. If the Planning and Zoning Commission shall determine that the aforementioned buffer strip requirements are impractical, the Commission may impose additional or varied requirements in order to accommodate the development circumstances, such may include the erection of sound walls.
6.
Setback from roadway. A front yard of at least thirty (30) feet shall be provided along Manchester Road, Big Bend Road or Sulphur Spring Road. A fifteen (15) foot deep landscaped open area shall be provided adjacent to the roadway property line. No accessory structure or sign shall be located in the required landscaped open area.
7.
Screening of HVAC units and refuse containers. Heating, ventilating and air conditioning units shall be fully screened from public view by an element of the building or by a separate, permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material color, size and shape. Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls or landscaped planting harmonizing with the building in color, size and shape.
F.
Conversion Of Dwelling Units. No dwelling utilized for residential purposes shall be converted to a non-residential use unless there is first compliance with all the standards of this district.
G.
Developers' Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
H.
Signage And Landscaping Plans. No new construction or exterior renovation may be undertaken within the district without it first being determined by the Building Official that the signage and landscaping plans, if applicable, are consistent with the regulations of the City of Manchester therefor provided.
I.
Effect Of St. Louis County Ordinance. Any property within the "PCD" Planned Commercial District, which was previously within St. Louis County's "C-8" or "PEU" Zoning Districts and which was then subject to an ordinance adopted by the St. Louis County Council which imposed terms and conditions on the use of such property (commonly referred to as special use or conditional use permits), shall continue to be governed by the terms and conditions of such ordinance of the St. Louis County Council unless and until the terms and conditions of such ordinance shall be modified by an ordinance adopted by the Board of Aldermen of the City.
J.
Procedure. Except as established by this Section, the procedures and requirements for filing, review and approval of a site development plan shall be the same as those set forth in Article XVII (Zoning Changes and Amendments) for other amendments to zoning district regulations or boundaries.
[Ord. No. 18-2249, 1-21-2019]
K.
A sexually oriented retail use permitted in the PCD District shall be permitted, subject to the following conditions and restrictions:
[Ord. No. 19-2259, 7-15-2019]
1.
All applicable licensing requirements of Chapter 606 of the Manchester Code shall be satisfied; and
2.
All conditions and restrictions of Section 405.250(L).
Section 405.270 "PRD" Planned Residential Development District.
[Ord. No. 99-1145 Art. 5 §11, 9-20-1999; Ord. No. 18-2249, 1-21-2019; Ord. No. 19-2262, 7-15-2019]
A.
Purpose. The purpose of this district is to encourage planned residential developments as a means of creating a superior living environment, to encourage variety in housing types and to offer an opportunity for design flexibility which may result in an improved use of land, provision of open space and protection of the natural beauty of the land.
B.
Application. The "PRD" Planned Residential Development District is created as a special residential district which is in keeping with the requirements and regulations of all other residentially zoned districts in the City of Manchester.
C.
Minimum District Area. The minimum area for a "PRD" District shall be two (2) acres, or as may be determined appropriate by the Planning and Zoning Commission, after consideration of all relevant factors.
D.
Ownership Control. In order that the purpose of this district shall be realized, all of the land and the buildings and appurtenant facilities shall be in a single ownership, or under management or supervision of a central authority, or they shall be subject to protective covenants, or other such supervisory lease or ownership control or agreement, as may be necessary to carry out the provisions of this Chapter relating to the "PRD" Planned Residential Development District.
E.
Permitted Uses. A building or land shall be used only for the following purposes:
1.
Uses permitted in any residential district in accord with the provisions of this Section.
G.
Area regulations dwelling size and type, along with yard requirements, will be determined by the Planning and Zoning Commission after consideration of all relevant factors and sound planning principles. In cases where land areas are petitioned to be rezoned to "PRD" Planned Residential Development, the final development must be approved by the Board of Aldermen.
H.
Developers' Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
J.
Design Standards. Developers of a "PRD" District project shall meet the design standards specified in the subdivision regulations for the City of Manchester and the City's construction specifications as may then be in effect.
Section 405.280 "H" Historic District.
[Ord. No. 99-1145 Art. 5 §12, 9-20-1999; Ord. No. 01-1313 §1, 12-17-2001]
A.
Objectives Of These Provisions. The objectives of the following provisions are to enhance the historical heritage of the City of Manchester; to foster greater awareness and appreciation on the part of Manchester residents for the City's historical landmarks; to insure that appropriately designated landmarks are identified, recognized and, where practical, preserved; and to promote the City of Manchester as a residential and business community that has achieved progress without sacrificing the integrity of its past development.
B.
Intent And Purpose Of These Regulations. The intent and purpose of these regulations are as follows:
1.
To establish an "H" Historic District.
2.
To establish a method for designation of historic structures and landmarks regardless of their locations within or beyond the limits of a designated "H" Historic District.
3.
To preserve the historic features of the Historic District and their aesthetic and cultural heritage as reflected in the overall fabric of the area and the historic buildings designated by the Planning and Zoning Commission and contained within said district.
4.
To allow for the adaptation of the Historic District to the economic and functional requirements of the present and future development and redevelopment of the City of Manchester.
5.
To provide an environment which will promote the future development of the areas in a manner which is both economically beneficial to the overall community and which complies with the guidelines to be established by the Planning and Zoning Commission.
6.
The encourage the use of the areas for the public's education, welfare and pleasure.
C.
Authority To Retain Professionals. The Planning and Zoning Commission shall, subject to budgetary constraints and approval by the Board of Aldermen, be empowered to select and retain, at its discretion, advisors and competent professionals to assist in the administration of these regulations.
D.
Functions And Responsibilities.
1.
For the purpose of carrying out the provisions of this Chapter, the Planning and Zoning Commission shall establish rules and regulations for the evaluation of the items submitted for its consideration and shall establish procedures for the submission, evaluation and selection of historic districts and landmarks.
2.
The Planning and Zoning Commission is hereby authorized to make a continuous study of all buildings and structures located within the City of Manchester which are known to be or brought to the attention of the Commission as possible landmarks within the definitions of this Chapter. The Commission shall have the authority to establish criteria (which criteria shall be approved by the Board of Aldermen) and to declare as landmarks those buildings and structures which meet the established criteria within the definitions of this Chapter. In making such determinations, the Commission shall take into account the following criteria: age, architectural style, aesthetic value, historical significance and unique and distinctive characteristics.
3.
The Planning and Zoning Commission shall review the "H" Historic District to determine possible development that would be compatible with the existing structures and to study potentially historically significant structures. The Commission shall work with the historical societies, both State and local, to facilitate the progress and development of a historic atmosphere and to program historic events.
4.
Upon determination by the Planning and Zoning Commission of the historic significance of a structure or parcel, written notice shall be given to the property owner as well as others having a recognized financial interest in the property so that they may be made aware of the historic designation on their structure or parcel.
E.
Creation Of "H" Historic District.
1.
The rezoning of property within the City of Manchester to subject said property to the provisions of the "H" Historic District shall be governed by the general regulations of these Zoning Regulations for the City of Manchester pertaining to the rezoning of property.
2.
The "H" Historic District shall be an overlay district which provides additional regulations and controls with respect to the existing district. Where a conflict exists between the provisions regulating the "H" Historic District and the provisions regulating the existing district, the provisions regulating the "H" Historic District shall prevail.
3.
The specific and detailed regulations applicable to the "H" Historic District shall be set forth in the City of Manchester Development Plan for the "H" Historic District as adopted by the Board of Aldermen and as amended from time to time.
4.
Only the following uses are permitted in the "H" Historic District and are intended to encourage an environment and use of the "H" Historic District as an overlay on other zoning classifications that abut or are very near to existing commercially zoned land. The overlay district would be applied when a transition to other districts is desired and would provide a buffer. The permitted uses specified herein are anticipated to generate minimal traffic volumes and to create a community character:
a.
Medical and dental offices;
b.
Professional offices for such occupations as engineer, attorney, CPA, architect and financial advisory services;
c.
Floral shops;
d.
Gift shops selling such items as china, crystal, jewelry, clocks, etc.;
e.
Curtain and drapery sales;
f.
Picture and framing shops;
g.
Art gallery;
h.
Optical stores;
i.
Manufacturer's representative where stock is stored off-premises;
j.
Arts and crafts sales/classes;
k.
Antique stores;
l.
Bed and breakfast establishments, being defined as a building under one (1) management, which contains not more than five (5) rooms furnished for the accommodation or lodging of guests, with meals being provided (designated historic buildings only); and
m.
Single-family residential dwelling (designated historic buildings only).
n.
Beer and wine garden, including the sale of food and liquor to be consumed on the premises. Sale of package liquor shall be prohibited. A limited breakfast menu (e.g., coffee and pastries) shall be permitted in conjunction with such wine and beer garden operation (designated historic buildings only).
[Ord. No. 15-2116 §1, 9-8-2015]
F.
Landmark Designation. Whenever a building or structure has been officially designated a landmark (whether such landmark is within the established "H" Historic District or outside the boundaries thereof) within the meaning of this Chapter, such fact shall be publicly declared by the Commission and shall be transmitted to the Building Official for the City of Manchester who is hereby charged with the duty of maintaining an official landmark register in which shall be entered all such designations, adequately described for proper identification. A statement of considerations in making such designation shall also be filed by the Commission with the Building Official, who shall maintain such statement for public inspection.
G.
Non-Conforming Uses. The lawful use of any building, structure or land existing at the time of adoption of this Chapter or at the time of change of any of the regulations herein may be continued although such use does not conform with the provisions of the regulations hereunder, or as amended, subject to the following:
1.
Improvements may be made to the interior of a structure with the prior approval of the Planning and Zoning Commission.
2.
Any improvement, including alterations or additions, involving work on the exterior of the structure, paving or change of grade shall be submitted to the Planning and Zoning Commission for review by it of the impact of such proposed improvements on the historic aesthetics of the building and surrounding area.
3.
Any improvement, including alterations or additions, involving work on the exterior of the structure shall be submitted to the Planning and Zoning Commission for consideration under the regulations governing exterior design of buildings so as to conform with the requirements of the City of Manchester Development Plan for the "H" Historic District as adopted by the Board of Aldermen and as amended from time to time.
4.
In the event of damage to or destruction of a building resulting from any cause, such building may be reconstructed, repaired, rebuilt and continued in use only after approval of an application therefor by the Planning and Zoning Commission, provided that nothing herein shall prevent the strengthening or restoration to safe condition of any portion of the building declared unsafe by the Building Official and, further provided, that such building shall, when possible, be reconstructed, repaired and rebuilt in a manner intended to preserve its historic character.
5.
A non-conforming building, structure or use may be changed to another non-conforming use of the same or more restricted classification.
H.
Purpose And Intent Of Exterior Design Regulations For The "H" Historic District. The intent and purpose of the following regulations are as follows:
1.
To preserve the historic feature of the "H" Historic District.
2.
To stabilize and strengthen commercial and residential property values in such area.
3.
The establishment of exterior design regulations for non-historic structures within the "H" Historic District are to promote the continuity of the district.
I. EXTERIOR ARCHITECTURAL FEATURE HISTORIC BUILDING
Definitions. As used in this Section, the following words shall have the following meanings:
The architectural style and general arrangement of such portion of the exterior of a structure which is open to view from a street including, but not limited to, the kind, color and texture of the building materials, type and design of all windows, doors, lights and other appurtenances, the location of and adequacy of vehicular access, if any, the location and treatment of parking areas, and landscaping.
Any structure which has been designated a historic building by the Planning and Zoning Commission in the manner provided for herein.
J.
Submission Of Plans For Exterior Changes Or Demolitions.
1.
Before the issuance by the Building Official of a permit for the erection of any new buildings, the alteration or addition of any building or the demolition of any historic building within the "H" Historic District, an application by the owner for a permit to undertake any of the above actions shall be made to the Planning and Zoning Commission.
2.
An application shall be accompanied by:
a.
Preliminary plans and exterior elevations drawn with sufficient detail to show the exterior or architectural design, and the proposed texture and color of materials to be used,
b.
A site plan containing the existing and proposed size, location and qualities of all buildings or other structures, landscaping, parking and access provisions, public right-of-way and any other easements,
c.
Detailed information as to lighting, signage and landscaping,
d.
Clear photographs of the portion of the building affected, the site and the adjoining buildings and sites, and
e.
Such other materials and documentation as the Planning and Zoning Commission may require to evaluate the application.
K.
Upon Application.
1.
As soon as practical after an application has been filed for a permit with the Building Official for the erection of any new building, the alteration or addition to any building or the demolition of any historic building within the "H" Historic District, the applicant shall present such application and associated materials to the Commission.
2.
As soon as feasible, but not later than sixty (60) days after reviewing said application, the Planning and Zoning Commission shall render a decision on the application for said permit.
3.
The Planning and Zoning Commission shall base its determination on the compliance or non-compliance of the application with the "H" Historic District regulations. In its deliberation, the Planning and Zoning Commission shall consider whether the proposed construction, alterations or additions are appropriate to the "H" Historic District, the area's environmental design quality, the historic and architectural qualities of the "H" Historic District, and the zoning provisions applicable to the area.
4.
In case of disapproval, the Planning and Zoning Commission shall state the reasons therefore as a matter of public record and may make recommendations in regard to the design, the exterior treatment or other features of the proposed development which may make the application acceptable.
5.
In reviewing applications for demolition of designated historic buildings, the Planning and Zoning Commission shall determine whether the owner seeks to demolish the structure immediately for the purpose of constructing a new building or other income-producing facility which is compatible with the "H" Historic District plan and with historic and architectural qualities, or if the owner seeks to demolish the structure for the purpose of terminating the operation of the improvement and/or replacing it with a building of a non-historic character.
6.
In the case of application for the demolition of a designated historic building for the purpose of terminating the operation of the improvement and/or replacement of it with a building of a non-historic character, the Planning and Zoning Commission, as promptly as practical and with the aid of such experts as it deems necessary, shall devise, in consultation with the applicant, a plan whereby the structure may be preserved.
7.
The owner of a designated historic building shall be bound by the plan proposed by the Planning and Zoning Commission, except that the owner may appeal said plan to the City's Board of Adjustment within ten (10) days after receipt of the plan from the Planning and Zoning Commission. The Board of Adjustment shall, thereafter, affirm or reverse the decision by the Planning and Zoning Commission concerning said plan, which such decision by the Board of Adjustment shall conform in all respects to the provisions of these Zoning Regulations and which shall be final and binding on the City and applicant.
L.
Exclusions. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repair of buildings within the "H" Historic District which involve no change in design, material, color or outward appearance, nor shall it be so construed as to affect any permit issued by the Building Official prior to the effective date of this Chapter.
M.
Stopping Work Without A Permit. The Building Official shall promptly stop any work initiated without or contrary to a permit issued under this Chapter.
N.
Landmarks Fund. The Board of Aldermen is hereby authorized to accept gifts and grants on behalf of the City of Manchester made specifically for the study, acquisition, designation and preservation of officially designated landmarks. All such gifts and grants accepted by the City shall be set aside in a special fund known as the "Landmarks Fund" and such fund shall be distributed, administered and disbursed by the City Administrator after consultation with the Board of Aldermen, based upon the recommendations of the Planning and Zoning Commission.
O.
Approval By Board Of Aldermen Of Applications For Demolition Of Designated Historic Buildings. Notwithstanding anything herein to the contrary, the approval by the Planning and Zoning Commission of an application for the demolition of a designated historic building shall not be considered final until such approval has been reviewed and approved by the Board of Aldermen of the City or until the expiration of sixty (60) days of such approval by the Planning and Zoning Commission, whichever shall occur first.
P.
The Variance Of Requirements Due To The Widening/Relocation Of Highway 141 (Woods Mill Road). An historic building, as designated on the Historic Master Plan for Manchester, which is proposed to be relocated within the "H" Historic District of the City of Manchester because of, and only because of, the widening/relocation of Highway 141 (Woods Mill Road) and which would otherwise be destroyed if not so relocated, shall comply, other relevant provisions of this Chapter notwithstanding, with the following criteria:
1.
The front yard of such historic building shall be not less than seven (7) feet; and
2.
The parking requirements for such historic building shall be as determined appropriate by the Planning and Zoning Commission, but in no event less than fifty percent (50%) of the parking spaces required by these Zoning Regulations of the City of Manchester.
Section 405.285 "PBD" Planned Business Development District.
[Ord. No. 13-2053 §1, 6-17-2013]
A.
Intent.
1.
The purpose of the following provisions is to recognize the historical heritage of the City of Manchester; to promote the Planned Business Development District as both a residential and business community; and to allow for the adaptation of the Planned Business Development District into a walkable town center as present and future development and redevelopment is achieved.
2.
The "PBD" District allows for a wide range and diversity of land uses to encourage a denser pattern of development particularly where retail, office or residential uses mix within multistoried buildings. Strong, pedestrian connections within the District facilitates human connection and interaction, and minimizes traffic congestion. The "PBD" is supported by open spaces, plazas, fountains, public art, public parking, lighting, directional signage, other streetscape improvements and, where possible, mass transit service.
3.
The intent of the Planned Business Development District is to allow a mix of uses that complement the historic design of buildings by their size, nature, and appeal to the public. Site consolidation for redevelopment may occur with special consideration for parking, access management, traffic considerations, drainage, land and streetscaping, and design features in concert with the vision articulated in the City's Comprehensive Plan.
B.
Permitted Uses. The following uses have been determined to be consistent with the purpose and intent expressed for the District. The intent of the Planned Business Development District is to allow a mix of uses that complement the historic design of buildings by their size (less than eight thousand (8,000) square feet, unless otherwise specified), nature, and appeal to the public. These uses are allowed, provided they receive all the necessary approvals and permits from the City of Manchester:
1.
Accessory uses.
2.
Antique stores.
3.
Arts and crafts instruction.
4.
Art gallery.
5.
Bakery (less than three thousand (3,000) square feet).
6.
Beauty salons and barber shops (no massage services).
7.
Camera and photo supplies without drive-through.
8.
Civic, community organization facilities without liquor sales or consumption on the premises.
9.
Curtain and drapery stores (window treatments).
10.
Dentists and dental services.
11.
Floral shops.
12.
General office.
13.
Hardware stores.
14.
Hobby supply and toy stores.
15.
Ice cream stores.
16.
Medical offices.
17.
Music and musical instruments.
18.
Optical stores.
19.
Paint and wallpaper stores.
20.
Pet and pet supply stores without kennels.
21.
Physical therapists.
22.
Picture and framing stores.
23.
Professional offices (e.g., engineer, architect, accountant, attorney).
24.
Radio, appliance, and television repair.
25.
Real estate offices.
26.
Restaurants (e.g., drive-in, fast food) without drive-through (less than five thousand (5,000) square feet).
27.
Restaurants (e.g., standard) without liquor sales or consumption on the premises (less than five thousand (5,000) square feet).
28.
Shoe repair.
29.
Specialty food stores.
30.
Sporting good stores.
31.
Stationery and office supply stores.
32.
Bookstores.
[Ord. No. 19-2258, 7-15-2019]
33.
Video Stores.
[Ord. No. 19-2258, 7-15-2019]
C.
Special Uses. The following uses have been determined to be consistent with the purpose and intent of the District, provided a special use permit has been obtained (see procedures, guides and standards set forth in Article X of this Chapter), and the special use is less than eight thousand (8,000) square feet unless otherwise specified:
1.
Accessory uses.
2.
Apparel and accessories (clothing stores).
4.
Civic, community organization facilities with liquor sales or consumption on the premises.
5.
Gift, novelty and souvenir shops.
6.
Government services (County, State, Federal).
7.
Grocery stores.
8.
Hotel and motel.
9.
Photography studio.
10.
Residential (second floor, multifamily in mixed uses).
11.
Restaurants (e.g. drive-in, fast food) with drive-through.
12.
Restaurants (e.g. standard) with liquor sales or consumption on the premises.
13.
Sports teams and clubs, including karate and martial arts.
14.
Theaters (e.g. live, playhouse).
15.
Used apparel stores.
17.
Wine shop/boutique.
18.
Financial Institutions.
[Ord. No. 16-2142 §1, 4-18-2016]
19.
Mortuary, without a crematorium.
[Ord. No. 16-2165 § 1, 11-21-2016]
20.
Microbrewery.
[Ord. No. 18-2216, 5-7-2018]
D.
Uses Specifically Prohibited.
1.
Outside storage is specifically prohibited; however, display of merchandise when used in conjunction with seasonal promotion and sales are permitted, but not to exceed six (6) weeks, with prior approval from the Board of Aldermen.
2.
Junk yards and derelict storage.
3.
Kennels.
4.
Pawnshops.
5.
Teen centers.
6.
Convenience stores.
7.
Mini-storage/self-storage facilities.
E.
Development Standards.
1.
Setbacks and height restrictions.
a.
Height regulations. A building or structure shall not exceed thirty-five (35) feet in height.
b.
Setback from roadway. Buildings will be permitted to be built up to the right-of-way/property line where there is street frontage. There will be no side yard setback requirements; however, where it is planned to have a pedestrian corridor between buildings or a landscape periphery, those can be determined through the site plan approval process. The interior or rear portions that do not abut street frontage may be paved for drive aisles, parking lots or landscaped as needed to satisfy other provisions of these District requirements.
2.
Building materials and design.
a.
Materials.
(1)
Where buildings are preserved or maintained, original materials should be used in rehabilitation, renovation, and reconstruction. Where they cannot, new material should match the original in design, color, texture, and other visual qualities. Substitute materials are acceptable if the form and design of the substitute conveys the visual appearance of the original.
(2)
For new construction, brick, brick-like or stone materials are the most appropriate materials on facades facing a street, walkway or parking lot and are required. Other masonry units may be used on interior walls. Synthetic sidings such as vinyl, aluminum and synthetic stucco (EIFS products) are not historic cladding materials in the Planned Business Development District and their use is prohibited.
b.
Design.
(1)
The buildings in the current area to be covered by the Planned Business Development District vary tremendously with different architectural styles and by historic periods. Such details include cornices, roof overhangs, chimneys, lintels, sills, brackets, exterior materials, window openings, window shutters, entrance decoration, and storefront elements. It is important to acknowledge that many of the older buildings have recognizable architectural styles and features. If renovated or rehabbed, these unique features are encouraged to be maintained or restored on existing buildings.
(2)
With possible in-fill development and redevelopment, this new development pattern is expected to enhance the potential of the Planned Business Development District. Walls between buildings could be shared or abut each other on the sides, and the fronts facing the street should abut the public right-of-way. The design of new development/redevelopment should be harmonious in form, materials, siting and scale. Features on new construction shall reinforce scale and character of the surrounding area by including elements such as storefronts, vertical and horizontal divisions, upper story windows and decorative features. Dividing facades into bays helps reduce the scale, and adding detailed elements creates a human scale for the entire block.
(3)
New buildings should be similar in mass and scale with adjacent structures or to the common overall building mass within the block. Facades facing streets and parking lots should have character-defining elements, including, but not limited to, windows, entrances/doorways, transoms, cornices, awnings, lighting, signage and color. New additions should not destroy historic materials that characterize the property, and the new additions should differentiate themselves from the existing building but be compatible with the massing, size, scale, and architectural features of the existing building and surrounding styles.
c.
Openings: windows and storefronts. New construction in the District should follow the rhythm, patterns, and ratio of walls to windows and doors of existing buildings as much as possible and relate to and be compatible with adjacent facades. New buildings or design shall follow traditional openings such as the recessed jamb on masonry buildings and the surface-mounted frame on frame buildings or have some other unique, defining character as opposed to designing openings that are flush with the rest of the wall. Traditionally designed commercial buildings will have distinctive rows of upper floor windows and storefronts on the first level. They may vary in size, type, and decoration, but the windows, frames, openings, and spacing shall be uniform on each floor. Large display windows are encouraged at the street level. Window types should be compatible with those found in the District, and window framing appropriate to the historic profile is acceptable. Any paned windows should be truly divided and not have the clip-on, fake muntin bars which are not permitted. Storefront entrances should be centered on the wall with a recessed entrance door. Above-the-door windows and display windows should have continuous transom windows capped with a cornice that also separates the storefront from the upper floors. This area could also serve as sign area. Any new or replacement windows should provide character definition to the building. Clear, insulated glass is recommended, although interior storm windows may be added. Tinted or reflective glass or applied films are not permitted.
d.
Rear of buildings. The rear of the buildings facing an interior parking area shall provide an entrance to the store. Install adequate lighting with sufficient brightness and style that relates to the character of the building for customer and store security. Rear entry points shall have enough space to comfortably enter the building and meet all handicapped requirements. Ensure fire escapes meet safety regulations and that no site elements inhibit proper egress. Ensure rear porches are well maintained and if used as upper floor entrance(s), are well lit and meet the building codes. Trash and recycling containers should be kept away from the rear of the buildings. Consolidate and screen mechanical and utility equipment in one location. Landscape planters to enhance and highlight the rear entrance shall be provided.
e.
Signs. Signs in the Planned Business Development District shall be restricted to 1) projecting signs, 2) wall signs, 3) window signs, 4) electronic message signs, 5) ground signs, 6) monument signs, and 7) directional signs. (Signs on awnings are covered in the next Section.) They shall be placed so that they do not obstruct architectural elements and details that define the design of the building. Ground or monument signs, in general, are not an appropriate type of sign in a downtown area except for use in the front yard of a residence that has been converted to commercial use or, in the case of certain recognized uses, where the building is not positioned near the edge of the right-of-way.
[Ord. No. 15-2097 §1, 2-17-2015]
(1)
Projecting signs. The bottom edge of projecting signs for commercial buildings should be at least ten (10) feet above the sidewalk and project no more than three (3) feet from the surface of the building. They should not be placed above the cornice line of the first floor level unless they have a clearance of less than ten (10) feet. The sign area shall be limited to twenty-four (24) square feet. For residential-type buildings used for commercial purposes, projecting signs attached to the wall at the first floor or porch column are appropriate and should not be located higher than the top of the porch.
(2)
Wall signs. Flat wall signs for commercial buildings can be located above the storefront, within the frieze of the cornice, on covered transoms, or on the pier that frames display windows or generally on flat, unadorned surfaces of the facade or in areas clearly suitable for sign locations. For residential-type buildings used for commercial purposes, a flat sign attached to the wall at the first floor or between the porch columns is appropriate. Wall signs shall be no more than five percent (5%) of the outline of the wall that faces a street or parking area. No signs shall be painted on the buildings; however, wall murals for public art purposes shall be considered after careful review by the Building Official for compatibility with the district character.
(3)
Window signs. Window signs (interior and exterior) should be approximately five and one-half (5.5) feet above the sidewalk at the center point. Optional locations could include eighteen (18) inches from the top or the bottom of the display window glass. Window signs shall be permitted on the glazing of doors and on upper floor windows for separate building tenants. Window signs shall be limited to one (1) window per wall and not exceed twenty-five percent (25%) of that window. Electronic message signs in windows shall be no more than two (2) square feet and only display whether the establishment is open or closed and time and temperature. There shall be no advertising with electronic message signs in windows.
(4)
Electronic message signs.
(a)
An electronic message sign will only be allowed on a lot in excess of one-half (1/2) acre.
[Ord. No. 18-2205, 2-5-2018]
(b)
The location of the sign shall be erected only by attachment to or placement as a ground or monument sign. The ground or monument sign with an electronic message sign shall not exceed nine (9) feet in height. No electronic message signs shall be added to an existing or new pole, pylon, wall, or window signs.
(c)
The maximum area of such sign shall not exceed forty-five (45) square feet or fifty percent (50%) of the total sign area for the ground or monument sign, whichever is less. The base of the ground or monument sign shall not be included in the sign area calculations.
(d)
Only one (1) electronic message sign per establishment is allowed.
(e)
The leading edge of the sign shall be a minimum distance of one hundred (100) feet from an abutting City residential district boundary.
(f)
Animation that does not flash or blink may be used as background. This shall not include video signs which, in all circumstances, are prohibited.
(g)
The text displayed per line on the message signs at any one (1) time shall be limited to fifteen (15) words.
(h)
The use of flashing, blinking characters or continuous message movement is prohibited.
(i)
The maximum brightness of electronic message signs shall not exceed five thousand (5,000) candelas per square meter during the daylight hours or five hundred (500) candelas per square meter between sunset to sunrise. The sign must have an automatic dimmer control or other photosensitive device which automatically adjusts the brightness and contrast of the sign from the higher allowed illumination level to the lower allowed level for the time period between one-half (1/2) hour before sunset and one-half (1/2) hour after sunrise.
(j)
Any portion of the message must have a minimum duration of five (5) seconds and must be a static display. Transition time must be no longer than one (1) second.
(k)
The message displayed on such sign may be changed no more than twice in any twelve-hour period.
(l)
Electronic signs, such as gas prices or time and temperature, will not be restricted in frequency of message change but must follow all signage regulations set forth in this Chapter.
(m)
Audio speakers or any form of pyrotechnics are prohibited.
(n)
Changes to the text on an electronic message sign will not require subsequent permits; however, it is expected that all graphics and lettering shall meet the public decency standards of the City.
(o)
Electronic message signs shall contain a default design that will freeze the design in one (1) position if a malfunction occurs.
(5)
Ground signs.
(a)
A ground sign shall not be erected so as to obstruct free access to, or egress from, any building.
(b)
A ground sign shall not be set nearer to the street lot line than the established building line.
(c)
The bottom capping of all ground signs shall be at least thirty (30) inches above the ground, but the intervening space may be filled with open lattice work or platform decorative trim.
(d)
Not more than two (2) ground signs are allowed on the interior portion of a lot (i.e., not at the building lines) and each must be a minimum of thirty-five (35) feet from the property line. One (1) sign may not exceed fifty (50) square feet in size and a second sign shall not exceed twenty-five (25) square feet in size.
(e)
In no event may any ground sign exceed fifty (50) square feet in size.
(f)
Ground signs in the front yard of a residence that has been converted to commercial use shall be five (5) feet back from the property line and shall not exceed five (5) feet in height.
(6)
Monument signs.
(a)
Each building or land use located on a separate lot or parcel of land within the district may have one (1) monument sign for each street the lot or parcel of land has frontage on.
(b)
No monument sign shall exceed ten (10) feet in height or exceed fifty (50) square feet in sign area.
(c)
Monument signs in the front yard of a residence that has been converted to commercial use shall be five (5) feet back from the property line and shall not exceed five (5) feet in height.
(d)
Monument signs shall be indirectly lit with a shielded light source and shall not be made of plastic or plexiglass.
(8)
Temporary signage. Refer to Section 405.320(N) for these regulations.
f.
Awnings and canopies.
(1)
Awnings can contribute to the overall image of the Planned Business Development District by providing visual continuity for an entire block, helping to highlight specific buildings, and covering any unattractively remodeled transom areas above storefronts. They also protect pedestrians from the weather, shield window displays from sunlight and conserve energy. There are three types of awnings permitted in the District: 1) standard slope fabric awnings, 2) boxed or curved fabric awnings and 3) canopies and marquees. Aluminum or plastic awnings are not permitted.
(a)
Design and placement. Awnings and canopies should be placed over storefronts, porches, doors or window openings so they do not obscure elements and damage materials. Designs shall not interfere with existing signs or distinctive architectural features for the building or with street trees, lights or other elements along the street. The bottom of the awning valance must be at least seven (7) feet above the ground or sidewalk to which it relates. The color of the awning should be coordinated with the overall building color scheme. Solid colors, wide stripes, and narrow stripes may be appropriate, but not overly bright or complex patterns. Shiny, plastic-like fabrics are not permitted.
(b)
Signs on awnings. Only the front panel or valance of the awning shall be allowed for signage. Letters can be sewn, screened, applied or painted on the awning fabric. The minimum space between the edge of the letter and the top and bottom of the valance should be two (2) inches.
(2)
In aggregate, there shall be no more than two (2) signs per wall facing a street of parking area (excluding a ground or monument sign), and the total square footage of all signage shall not exceed fifty (50) square feet.
3.
Traffic management.
a.
Access. Access management guidelines are intended to reduce direct curb cuts onto Manchester Road from individual properties. Through directional signage and other visual clues, traffic in the District will be funneled back onto Manchester Road at signalized intersections. Only through redevelopment will existing curb cuts be eliminated. In addition, developers shall be responsible for installing signals, medians, creating turn lanes and other improvements to facilitate access management within the Manchester Road corridor as well as approaches to and from the intersecting streets. As Manchester Road is under the jurisdiction of MoDOT, any work in the Manchester Road corridor will require its approval. Traffic studies including progression analyses and other studies including signal warrants may be required for MoDOT to agree to major corridor improvements.
b.
Internal circulation between properties. The design for internal circulation shall be appropriately related to access points and provide for safe and efficient movement of vehicles and pedestrians between adjacent properties. Internal circulation between adjacent properties should be facilitated with cross-access easements and the connecting of parking lots in order to reduce the number of short trips on Manchester Road.
c.
Circulation within the overall "PBD" Zoning District. To the extent possible, redevelopment should encourage and facilitate the establishment of a grid network of streets to improve the overall flow of traffic in the District. This is coupled with the installation, where possible, of secondary streets running parallel to Manchester Road. In addition to relieving traffic pressure on Manchester Road, the secondary system of streets will serve as the primary access point for adjoining businesses and their parking lots.
4.
Streetscape.
a.
Trees, plantings, and open space. Tree plantings and other plantings, especially indigenous species that require minimal maintenance, shall be provided in all public areas. Care shall be taken in selection of such plantings so that the canopy effect does not block storefronts and signage of adjacent commercial buildings. Portable landscape planters may be used where appropriate so long as they do not block sidewalks.
b.
Streets, parking, and paving. Where new streets are created, there should be an effort to connect into the existing grid network to provide alternative access through the District other than on Manchester Road. Paving should be of a consistent material. On new streets or where streets are widened, sidewalks, street trees, and other elements that emphasize human scale shall be provided. Parking lots shall be screened with trees and shrubs from adjacent streets and sidewalks and include interior planting islands to provide shade and visual relief from large expanses of paving. These areas shall have irrigation or available water for landscape maintenance. Install adequate lighting in parking areas to provide security, selecting appropriate historically styled light fixtures for the historic setting.
c.
Pedestrian walks and curbs. Paving units such as brick pavers or patterned concrete materials shall be used on all pedestrian walks. Where there are curb cuts for vehicular access across pedestrianways, they shall be marked with a change in materials, texture, color, or grade. Curbing shall be of a stone or exposed concrete aggregate. Distinctive crosswalk treatments at key intersections or crossings are encouraged. Pedestrian links to important areas of activity shall be provided. Street furniture elements and obsolete signs and poles shall not block sidewalks.
d.
Street furniture and lighting. The styled light fixtures on the south side of Manchester Road in the District shall be expanded to the other streets in the District. The design of these may vary in different parts of the District. Adequate lighting at critical areas of pedestrian/vehicular conflict such as parking lots, alleys and crosswalks shall be provided. These light standards shall provide outlets for seasonal lighting and brackets for hanging banners and decorations for special events. Historic-style benches shall be placed at key locations in the District, and trash receptacles should match in design. Existing or future street furniture such as newspaper boxes, bicycle racks, drinking fountains, planters and bollards shall be compatible in design, color and materials with existing materials used in the District.
e.
Signals and utilities. Utilities shall be placed underground wherever possible or located behind buildings. Surface equipment shall be screened. Transformers and overhead wires shall be placed so they are as visually unobtrusive as possible. Dumpsters and trash storage shall be similarly sited and screened.
f.
Public signs, plaques, fountains, and art. Public directional and informational signs in the District shall conform to existing City standards created for this purpose. Logos, colors and lettering styles shall conform as additional signage is needed in the District. Street identification and block numbering shall conform to the standards developed for the District, including the distinctive logo and colors. Local historical plaques commemorating significant events, buildings, landmarks, and individuals shall be provided in the District. Fountains, plazas, benches, and seasonal plantings that add a historic element or design shall be provided where appropriate. Public art in the form of sculptures, monuments and statues may be installed but only if it does not block the path of pedestrians. Wall murals will be considered on exposed walls and with an appropriate design. There shall be no commercial advertising in any way on a wall mural. Traffic signal control boxes may be designed and painted with appropriate approvals.
g.
Sidewalk cafes. Elements separating the outdoor dining area from the pedestrianways and sidewalks shall consist of G-7 size chains or larger, bollards three (3) inches in diameter, and wrought iron or painted metal. Black shall be the preferred color for these elements.
h.
Screening of HVAC units and refuse containers. Heating, ventilating and air-conditioning units shall be fully screened from public view by an element of the building or by a separate, permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material color, size and shape. Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls or landscaped planting harmonizing with the building in color, size and shape.
Section 405.287 Planned Light Manufacturing/Industrial Development District.
Ord. No. 19-2272, 10-21-2019; Ord. No. 23-2398, 10-2-2023]
A.
Intent. Because the City's Comprehensive Plan and future land use map do not identify industrial land uses as a priority, the City has not identified any specific areas in which industrial uses are permitted as of right. However, because the Missouri Constitution was amended to state that, "No local government shall prohibit medical marijuana cultivation facilities, medical marijuana testing facilities, medical marijuana-infused products manufacturing facilities, or medical marijuana dispensary facilities, or entities with a transportation certification either expressly or through the enactment of ordinances or regulations that make their operation unduly burdensome," the City is creating the "PLMD" Planned Light Manufacturing/Industrial Development District. It is also the intent of these "PLMD" District regulations to increase the flexibility of development design through evaluation and approval of a redevelopment plan. Approval of a redevelopment plan shall be considered a legislative act of rezoning. Any ordinance approving a redevelopment plan shall be deemed to incorporate the provisions of this Section. Finally, the "PLMD" District is intended to create a process for high-quality, light industrial/manufacturing developments that will not disturb the quiet enjoyment of the residential neighborhoods, will not contribute to traffic congestion on Manchester Road, Big Bend Road and Sulphur Spring Road, and will be of an intensity, location and nature so as to be compatible with its surroundings. Although dependent on the circumstances and intensity of a specific proposed use, the most likely location for a "PLMD" District is on lots fronting Gaywood Drive or Howard George Drive north of Grand Glaize Creek.
B.
Planned Uses. The following list of uses establishes the principal uses that are permitted by a planned use in the "PLMD" District. Any use not listed is specifically prohibited.
1.
Comprehensive Marijuana Cultivation Facility.
2.
Comprehensive Marijuana-Infused Products Manufacturing Facility.
3.
Marijuana Testing Facility.
4.
Medical Marijuana-Infused Products Manufacturing Facility.
5.
Medical Marijuana Cultivation Facility.
6.
Medical Marijuana Transportation Facility.
7.
Microbusiness Wholesale Facility.
8.
Transportation Facility.
C.
Development Plan Process. Proposed planned uses under this Section require the submittal and approval of a site development plan pursuant to Section 405.820(C).
D.
Development Standards.
2.
Access. The principal means of access shall be from arterial or collector roads. Access points shall be determined by the City, but in no event shall they be closer than two hundred (200) feet to each other. Joint use of access shall be encouraged.
3.
Internal Circulation. The design for internal circulation shall be appropriately related to access points and provide for safe and efficient movement of vehicles and pedestrians. Internal circulation between adjacent properties shall be encouraged, and the City may, where appropriate, require cross-access easements to reserve internal access to adjacent properties for the purpose of reducing turning movements on Manchester Road, Big Bend Road and Sulphur Spring Road and provide better circulation within the overall zoning district.
5.
Height Regulations. A building or structure shall not exceed thirty-five (35) feet in height unless any point on the building is set back from the nearest point on a property line a distance equal to the height of that point on the building, but in no event may the height exceed seventy-five (75) feet.
6.
Protection Of Adjacent Residential Districts. Where development will abut a residential district, a buffer area must be provided at the rear and side lots zoned to the above district and such abutting residentially zoned lots. Approval of design of the buffer area by the Planning and Zoning Commission is required. The buffer shall have a depth of eight percent (8%) of the lot or fifty (50) feet, whichever is greater, unless the depth of the lot exceeds six hundred (600) feet, in which case the buffer strip shall be five percent (5%) of the depth of the lot or an average of forty-five (45) feet, whichever is greater. The buffer strip shall be at the same elevation as the adjacent residential lot or lots unless the Planning and Zoning Commission shall determine such to be impractical, in which case such Commission may impose additional requirements, in order to accommodate such fact, with regard to such things as the number of planted trees, size of trees, spacing of trees, or use of other methods of screening, such as fencing, so as to preserve the effectiveness of such buffer strip. At a minimum, such buffer strip shall be planted with evergreens a minimum of five (5) feet tall with a minimum diameter spread at the canopy base of three (3) feet and located in double staggered rows on ten (10) foot centers. Approved plant materials shall consist of Scotch Pine, Black Pine, Blue Spruce, Green Spruce, Juniper and Cedar. Said plants shall be maintained in a healthy condition or shall be replaced. Driveways and parking areas shall not be permitted in a buffer zone. If the Planning and Zoning Commission shall determine that the aforementioned buffer strip requirements are impractical, the Commission may impose additional or varied requirements in order to accommodate the development circumstances; such may include the erection of sound walls.
7.
Setback From Roadway. A front yard of at least thirty (30) feet shall be provided along Manchester Road, Big Bend Road or Sulphur Spring Road. A fifteen-foot-deep landscaped open area shall be provided adjacent to the roadway property line. No accessory structure or sign shall be located in the required landscaped open area.
8.
Screening Of HVAC Units And Refuse Containers. Heating, ventilating and air-conditioning units shall be fully screened from public view by an element of the building or by a separate, permanently installed screen or fence, extending a minimum of one (1) foot above the equipment, harmonizing with the building in material color, size and shape. Refuse containers or refuse storage areas shall be hidden from public view, either from within or outside the premises, by means of fences, walls or landscaped planting harmonizing with the building in color, size and shape.
9.
Developers' Responsibilities Regarding Streets. For any development within the district fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the center line of the road or street plus an additional ten (10) feet of width as per City specifications. Curbs and/or sidewalks are to be installed by the developer on the developer's side only, if so directed by the City.
10.
Signage And Landscaping Plans. No new construction or exterior renovation may be undertaken within the district without it first being determined by the Building Official that the signage and landscaping plans, if applicable, are consistent with the regulations of the City of Manchester therefor provided.