City of Manchester, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 99-1145 Art. 2 §1, 9-20-1999]
For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory.
[Ord. No. 99-1145 Art. 2 §2, 9-20-1999; Ord. No. 00-1189 §1, 5-15-2000; Ord. No. 01-1262 §1, 6-4-2001; Ord. No. 01-1296 §1, 10-15-2001; Ord. No. 01-1310 §§1 — 3, 12-3-2001; Ord. No. 04-1501 §1, 5-3-2004; Ord. No. 09-1943A §1, 7-6-2009; Ord. No. 12-2040 §1, 11-5-2012]
For the purpose of this Chapter, certain terms and words are hereby defined:
ACCESSORY BUILDING
Any building, the use of which is incidental to the principal use of another structure on the same premises.
ACCESSORY USE
A use incidental and subordinate to the principal use of the premises.
ADMINISTER MEDICAL MARIJUANA
The direct application of marijuana to a qualifying patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1, of the Missouri Constitution, by way of any of the following methods:
[Ord. No. 19-2272, 10-21-2019]
1. 
Ingestion of capsules, teas, oils, and other marijuana-infused products;
2. 
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;
3. 
Application of ointments or balms;
4. 
Transdermal patches and suppositories;
5. 
Consuming marijuana-infused food products; or
6. 
Any other method recommended by a qualifying patient's physician as authorized by Article XIV, Section 1, of the Missouri Constitution.
BASEMENT
That portion of a structure having one-half (½) or more its height below grade. A basement is not counted as a story for the purpose of height regulations if used for dwelling purposes in conformance with City ordinances or State Statutes.
BUILDING
Any structure designed or intended for the support, enclosure, shelter or protection of persons or property. When a structure is divided into separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
BUILDING LINE
A line shown on a plat or on the City's Comprehensive Plan between which line and the street or private place no building or structure may be erected. Where the yard or set back regulations of this Chapter differ from the shown building line, the yard or set back requirements of this Chapter shall prevail.
[Ord. No. 16-2147 §1, 5-16-2016]
BUILDING OFFICIAL
The City Engineer or his/her designee.
CARE HOME
More than eight (8) but no more than fifteen (15) unrelated mentally or physically handicapped persons residing in a single-family style dwelling (and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing therein).
[Ord. No. 19-2262, 7-15-2019]
CARE HOME COMPLEX
A grouping of three (3) or less Home Care Facilities on one (1) parcel, designed as a single planned development.
[Ord. No. 19-2262, 7-15-2019]
CBD/HEMP STORE
Specialty store primarily engaged in retailing products containing Cannabidoil (CBD).
[Ord. No. 20-2301, 9-8-2020]
CHILD DAY-CARE FACILITY
A house or other place conducted or maintained by any person who advertises or holds himself out as providing care for more than four (4) persons during the daytime, for compensation or otherwise, except those operated by a school system, but a child day-care facility shall not include an elementary or secondary school, a religious organization, academic preschool or kindergarten, or a home school.
[Ord. No. 19-2272, 10-21-2019]
CHURCH
A building, including, but not limited to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary, or other facility wherein persons regularly assemble for religious worship maintained and controlled by a religious body having a principal use of religious worship or the offering of religious services of any denomination.
[Ord. No. 19-2272, 10-21-2019]
COMMISSION
The Planning and Zoning Commission for the City of Manchester.
DISTRICT
A section or sections, of the City of Manchester for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, or the intensity of use are uniform.
DWELLING
Any building, or portion thereof, which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE
A building, or portion thereof, designed for or occupied by two (2) or more families.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1) family.
ELECTRONIC SMOKING DEVICE
The meaning set forth in Section 210.2100 of the Manchester Code.
[Ord. No. 20-2301, 9-8-2020]
ELEMENTARY SCHOOL
A public, private, religious or parochial school giving instruction in a grade or grades not lower than preschool nor higher than the eighth grade.
[Ord. No. 19-2272, 10-21-2019]
ENTITY
A natural person, corporation, professional corporation, nonprofit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.
[Ord. No. 19-2272, 10-21-2019]
FAMILY
One (1) or more persons occupying a dwelling and living as a single housekeeping unit. All of whom, or all but two (2) of whom, are related to each other by birth, adoption or marriage, but if not related to each other by birth, adoption or marriage, then no more than three (3) persons, as distinguished from a group occupying a boarding house, lodging house or hotel. The term "family" shall further include a Group Home and a Care Home.
[Ord. No. 15-2108 §1, 6-1-2015; Ord. No. 19-2262, 7-15-2019]
FILLING STATION
Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
FINANCIAL INSTITUTIONS
Any savings bank, industrial bank, savings and loan association, building and loan association, commercial bank, credit union, Federal association, or other business association, which is:
1. 
Chartered under Federal or State law;
2. 
Solicits, receives or accepts money or its equivalent on deposit on a regular basis; and
3. 
Loans money on a regular basis.
FLOOR AREA
The sum of the gross horizontal areas of the several stories of a building measured from the exterior faces of exterior walls or from the centerline of party walls.
FLOWERING PLANT, MARIJUANA
A marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
[Ord. No. 19-2272, 10-21-2019]
GROUP HOME
Eight (8) or fewer unrelated mentally or physically handicapped persons residing in a single-family dwelling (and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing therein).
[Ord. No. 19-2262, 7-15-2019]
HEALTH SUPPLEMENT STORE
Specialty store primarily engaged in retailing food supplement products, such as vitamins, nutrition supplements, and body-enhancing supplements.
[Ord. No. 20-2301, 9-8-2020]
HOME OCCUPATION
Any occupation or profession carried on by one (1) or more members of the immediate family residing on the premises, in connection with which the following criteria are met:
1. 
No goods, stock-in-trade or commodities are sold or provided upon the premises, nor are services offered to the general public upon the premises;
2. 
No person is employed on the premises other than a member of the immediate family residing on the premises, and if the home occupation employs persons to work at other locations, the property upon which the home occupation is located may not be used as an assembly point for any employees who may work at other sites;
3. 
No mechanical equipment is stored or used except such as is normally used for purely domestic or household purposes or which would create offensive noise, vibration, smoke, dust, odor, heat or glare;
4. 
No commercial vehicle, used in connection with the home occupation, is stored or parked on the property except within a private garage;
5. 
Such use is clearly incidental and secondary to the use of the premises as a dwelling;
6. 
Such use is carried on wholly within the main building on the premises and may not involve the use of an accessory structure;
7. 
Not more than fifteen percent (15%) of the gross floor area of the main building (including attached garage) on the premises may be used for such home occupation;
8. 
No sign, name plate or other on-premises advertising may be displayed, and no obvious indication of a home occupation being conducted is permitted;
9. 
There shall be no storage of hazardous or construction materials or equipment of a nature or extent other than normally used for purely domestic or household purposes, nor the display of products or materials or similar showroom activities; and
10. 
Such use shall not foster noise or traffic on and near the property.
INVESTMENT COMPANY
A business that issues securities (i.e., stocks, bonds and other investments) and is primarily engaged in the business of investing in securities.
KENNEL
The use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats, or both, or the keeping of four (4) or more dogs over four (4) months of age, or the keeping of four (4) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats regardless of age.
LIGHT MANUFACTURING AND INDUSTRIAL
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing and/or involving the mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors at a scale and intensity that is compatible with the surrounding residential and commercial uses.
[Ord. No. 19-2272, 10-21-2019]
LOADING SPACE
A space within the main building or on the same lot providing for the standing, loading or unloading of trucks which has a minimum of twelve (12) feet in width and a minimum of thirty-five (35) feet in length, a vertical clearance of fifteen (15) feet and minimum area of five hundred forty (540) square feet.
LOT
A parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, including the open spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear of lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT LINES
The lines bounding a lot.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of St. Louis County, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder of St. Louis County before the date of passage of this Chapter.
LOT, WIDTH OF
For the purpose of determining the dimensions of the side yards, the width of the lot, being the mean horizontal distance between side lot lines, shall be measured at the building line.
MANUFACTURER, MEDICAL MARIJUANA
Every person, partnership, firm, corporation, association, limited liability company, or other legal entity engaged in the cultivation of a product or material, or in treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the utility value, or appearance of commodities and other personal property, whether done on order or for sale upon expected or anticipated demand or orders for the manufactured goods. Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities are light industrial/manufacturing uses for purposes of this Chapter.
[Ord. No. 19-2272, 10-21-2019]
MARIJUANA OR MAJIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. Marijuana or marihuana do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry-weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 19-2272, 10-21-2019]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 19-2272, 10-21-2019]
MASSAGE THERAPIST
A person applying manual techniques by way of soft tissue manipulation, including holding, causing movement, and/or applying pressure to the body, as well as the application of adjunctive therapies, with the intention of positively affecting the health and well-being of the client. Any person seeking a special use permit under this definition shall use the word "therapy" or "therapist" in his/her or its business name.
MEDICAL MARIJUANA CULTIVATION
As related to activity authorized pursuant to Article XIV, Section 1, of the Missouri Constitution and all rules and regulations issued by the Missouri Department of Health and Senior Services, the process by which a person, business or legal entity promotes the germination and growth of a seed to a mature marijuana plant.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA CULTIVATION IDENTIFICATION CARD
An additional, separate, or enhanced identification card issued by the State of Missouri allowing the holder to cultivate medical marijuana in amounts and in secure manners as authorized by the Department, only to the extent authorized by applicable law.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA DISPENSARY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri solely pursuant to the terms of Article XIV, Section 1, of the Missouri Constitution to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, medical marijuana transportation facility or a medical marijuana-infused products manufacturing facility.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, medical marijuana transportation facility or to another medical marijuana-infused products manufacturing facility.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA MEDICAL USE
The production, possession, delivery, distribution, transportation, or administration of marijuana or a marijuana-infused product, or drug paraphernalia used to administer marijuana or a marijuana-infused product as provided by Article XIV, Section 1, of the Missouri Constitution, for the benefit of a qualifying patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to store and transport marijuana.
[Ord. No. 19-2272, 10-21-2019]
MEDICAL MARIJUANA USE
Any of the following herein defined entities:
[Ord. No. 19-2272, 10-21-2019]
1. 
Medical marijuana cultivation facility.
2. 
Medical marijuana dispensary.
3. 
Medical marijuana-infused products manufacturing facility.
4. 
Medical marijuana testing facility.
5. 
Medical marijuana transportation facility.
6. 
Any other entity currently or hereafter included in and regulated by Article XIV, Section 1, of the Missouri Constitution.
MICROBREWERY
A business whose primary activity is the brewing and selling of beer with an annual production of ten thousand (10,000) barrels or less. A microbrewery may sell beer by the drink for consumption on the brewery premises, in the original package for off-premises consumption and to duly licensed wholesalers, all subject to applicable State and City of Manchester liquor laws.
[Ord. No. 18-2216, 5-7-2018]
MOBILE BUSINESS
A lawfully licensed vehicle or temporary structure that is equipped and intended to sell food in a ready-to-consume state, retail products and amusement rides. Said mobile business shall be permitted only in City parks with approval granted by the Director of Parks and Recreation during community events for no more than seventy-two (72) consecutive hours. The number of events per annum and fee charged for the privilege of operating in City parks for any particular mobile business will be at the discretion of the City Administrator, after consultation with the Director of Parks and Recreation. All mobile businesses shall be required to provide a current St. Louis County Health Department permit or other appropriate permit prior to commencement of operations in City parks under this Section. For purposes of this definition, mobile business shall include any amusement ride, retail vendors or food services authorized by the City for operation during the City's annual Homecoming held in the Paul A. Schroeder Park.
[Ord. No. 14-2073 §1, 6-2-2014]
NON-CONFORMING USE
Any building or land lawfully occupied by a use at the time of passage of this Chapter or amendments thereto which does not conform, after the passage of this Chapter or amendments thereto, with the use regulations of the district in which it is situated.
PARKING SPACE
A durably surfaced area, enclosed in the main building, enclosed in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile and if the space is unenclosed, comprising an area of not less than one hundred eighty (180) square feet.
PHYSICAL THERAPIST
A person providing specialized treatment of a human being by the use of exercise, massage, heat or cold, air, light, water, electricity or sound, for the purpose of correcting or the development of any physical or mental disability, or the performance of tests or neuromuscular function as an aid to the diagnosis or treatment of any condition, but does not include the use of surgery or obstetrics nor the administration, prescribing or dispensing of any drug or medicine, x-radiation, radioactive substance, diagnostic x-ray, electrocautery or electrosurgery.
PHYSICIAN
An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.
[Ord. No. 19-2272, 10-21-2019]
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well- being of a qualifying patient and who is designated as such under the rules and regulations of the Department and possesses a Department-issued primary caregiver or primary caregiver cultivation identification card.
[Ord. No. 19-2272, 10-21-2019]
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one qualifying medical condition as defined in Missouri State law and possessing a Department-issued qualifying patient or qualifying patient cultivation identification card.
[Ord. No. 19-2272, 10-21-2019]
RESIDENTIAL DWELLING RENTALS
A residential dwelling, or any part thereof, where guest rooms are offered for rent to transient guests.
[Ord. No. 17-2184 § 1, 5-1-2017]
RESTAURANT, DRIVE-IN
Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, and whose design, method of operation or any portion of whose business includes one (1) or both of the following characteristics:
1. 
Foods, frozen desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.
2. 
The consumption of foods, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged or permitted.
RESTAURANT, FAST-CASUAL
Any establishment whose principal business is the sale of foods, frozen desserts or beverages ordered and paid for at a counter but where the product preparation may be viewed and then served to the customer at a table in a ready-to-consume state and which may be served on non-disposable plates and with non-disposal utensils and trays that the customer typically busses to a disposal area. This definition does not include an establishment known as a retail grocery store, convenience store, delicatessen or other business selling food, frozen desserts or beverages as an accessory use or for off-premises preparation and consumption.
RESTAURANT, FAST-FOOD
Any establishment with drive-through ordering and/or pickup service whose principal business is the sale of foods, frozen desserts or beverages which is ordered, paid for, and served to the customer in a ready-to-consume state, such as in edible containers or in paper, plastic or other disposable containers, for consumption either within the restaurant building or for carry-out to consume off the premises. This definition does not include an establishment known as a retail grocery store, convenience store, delicatessen or other business selling food, frozen desserts or beverages as an accessory use or for off-premises preparation and consumption.
RESTAURANT, STANDARD
Any establishment whose principal business is the sale of foods and frozen desserts and beverages when served in conjunction with foods to the customer in a ready-to-consume state, and whose design or principal method of operation includes one (1) or all of the following characteristics:
1. 
Customers, customarily provided with an individual menu, are served their foods and frozen desserts and beverages (when served in conjunction with foods to the customer) by a restaurant employee at the same table or counter at which said items are consumed.
2. 
A cafeteria-type operation where foods and frozen desserts or beverages generally, when served in conjunction with foods to the customer customarily, are consumed within the restaurant building.
3. 
Foods, beverages or frozen desserts are not served in edible containers or on plastic, paper or other disposable containers.
4. 
The above-referenced characteristics may be varied for standard restaurants located within the "C-2" Commercial District of the City, as determined appropriate by the Planning and Zoning Commission.
SECONDARY SCHOOL
A public, private, religious or parochial school giving instruction in a grade or grades not lower than the sixth nor higher than the twelfth grade.
[Ord. No. 19-2272, 10-21-2019]
SERVICE STATION
Premises, or portions thereof, designed or intended to be used for the retail sale of gasoline or other motor vehicle or motor boat fuels and lubricants; the maintenance and minor repair of such vehicles in conjunction with such sale shall also be permitted.
[Ord. No. 19-2259, 7-15-2019]
1. 
ADULT VIDEO VIEWING BOOTH: Adult video viewing booth shall mean any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books magazines or periodicals) for observation by patrons therein. "Adult video viewing booths" are sometimes referred to as "peep shows," "adult video arcades," "panoramas" and "adult mini-motion picture theaters." An "adult video viewing booth" shall not mean a theater, movie house, playhouse, or a room or enclosure or a portion thereof which contains more than one hundred fifty (150) square feet of gross floor area. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult video viewing booths" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
2. 
ADULT ENCOUNTER PARLOR: An establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patron(s). Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult encounter parlors" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
3. 
ADULT ENTERTAINMENT CABARET: An establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances, or materials which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult entertainment caberets" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
4. 
ADULT ENTERTAINMENT STUDIO: An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas (includes the terms rap studio, exotic dance studio, sensitivity studio or encounter studio). Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult entertainment studios" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
5. 
ADULT ENTERTAINMENT: Any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment depicts, portrays, exhibits or displays specified anatomical areas or specified sexual activities. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult entertainment" venues within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
6. 
ADULT MEDIA: Books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films, CD-ROMs or other devices used to record computer images, or other media which are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical area(s).
7. 
ADULT MEDIA OUTLET: A business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of adult media. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult media outlets" within the City.
8. 
ADULT MOTEL: An enterprise where a regular and substantial portion of its business is offering public accommodations, containing more than one hundred fifty (150) square feet of gross floor area, for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area by any photographic, electronic, magnetic tape, digital or other medium (including but not limited to film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodical) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult motels" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
9. 
ADULT MOTION PICTURE THEATER: An establishment with a screen or projection area(s), where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical area(s). Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult motion picture theaters" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
10. 
ADULT NEWSRACK: Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult newsracks" within the City.
11. 
ADULT RETAIL ESTABLISHMENT: A business that displays or offers goods for sale or rent items from any two (2) of the following categories: sexually-oriented toys or novelties; lingerie; clothing, apparel or accessories that graphically depict specified anatomical areas; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult retail establishments" within the City.
12. 
ADULT THEATER: An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performer(s), for observation by patron(s). Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "adult theaters" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
13. 
BATH HOUSE: An enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas. Note: As of the date of the adoption of this definition (7-15-2019), there are no known legally operating "bath houses" within the City and the Zoning Ordinance specifically does not list this as a permitted use in any existing zoning district.
14. 
SEXUALLY ORIENTED USES: Any use which offers its patrons goods or services of which a substantial portion are sexually oriented materials, sexually-oriented toys or novelties or sexually oriented entertainment or any combination thereof. Any business where more than ten percent (10%) of display space is used for sexually oriented materials and/or sexually-oriented toys or novelties shall be presumed to be a sexually oriented business. The definition of sexually oriented business also, includes, but is not limited to, any business which offers its patrons goods or services of which a substantial portion consists of any, all or a combination of the following uses:
a. 
Adult media outlet.
b. 
Adult newsrack.
c. 
Adult retail establishments.
d. 
Sexually oriented entertainment.
15. 
SEXUALLY ORIENTED MATERIAL: Any device or any other items intended to provide sexual stimulation or sexual gratification to the customer, including, but not limited to, any book, magazine, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, video, pictorial representation, statue, figure, or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes, or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sadomasochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas, or buttocks of the human male or female, whether alone, or between members of the same or opposite sex, or between humans and animals, in an act of apparent sexual stimulation or gratification.
16. 
SEXUALLY ORIENTED ENTERTAINMENT: Any business to which the public, patrons or members are invited or admitted, and where providing sexually oriented entertainment, as defined herein, is a regular and substantial portion of its business. The definition of sexually oriented entertainment, includes, but is not limited to, any and all of the following specific types of sexually oriented entertainment:
a. 
Adult motion picture theater.
b. 
Adult theater.
c. 
Adult entertainment cabaret.
d. 
Adult entertainment studio.
e. 
Adult encounter parlor.
f. 
Adult motel.
g. 
Adult entertainment.
h. 
Adult media.
i. 
Adult motel.
j. 
Bath house.
17. 
SEXUALLY-ORIENTED TOYS OR NOVELTIES: Instruments, devices or paraphernalia which either depict specified anatomical areas or are designed or marketed for use in connection with specified sexual activities. In determining whether an item is designed or marketed for use in connection with specified sexual activities, the following guidelines may be considered:
a. 
Expert testimony as to the principal use of the item;
b. 
Evidence concerning the total business of a person or business or a person or business establishment and the type of merchandise involved in the business;
c. 
National and local advertising concerning the use of the item;
d. 
Evidence of advertising concerning the nature of the business establishment;
e. 
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
f. 
The physical or structural characteristics of the item; or
g. 
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
18. 
SPECIFIED ANATOMICAL AREAS: Any of the following:
a. 
Less than completely or opaquely covered human genitals, pubic region, buttocks, anus or female breast area below a point immediately above the top of the areola; or
b. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
19. 
SPECIFIED SEXUAL ACTIVITIES: Any of the following
a. 
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or
b. 
Actual or simulated acts of sexual intercourse, masturbation, sodomy or oral copulation; or
c. 
Excretory functions as part of or in connection with any of the activities set forth in paragraphs (a) or (b) of this definition.
SIGHT DISTANCE TRIANGLE
The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the point of intersection of the projected property lines. The sight distance triangle also applies to driveways, points of ingress/egress, or any other area where a conflict (whether vehicular or non-vehicular) exists.
[Ord. No. 15-2109 §1, 6-1-2015]
SPECIALTY STORE
Retail establishments that carry a deep assortment of brands, styles, or models within a relatively narrow category of goods.
[Ord. No. 20-2301, 9-8-2020]
STREET
A paved public or private right-of-way which provides access to abutting properties from the front.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but not limited to, the following: signs, swimming pools, backstops or enclosures for tennis courts, gazebos, sheds and accessory buildings.
TOBACCO PRODUCTS
The meaning set forth in Section 210.2100 of the Manchester Code.
[Ord. No. 20-2301, 9-8-2020]
TOBACCO STORE
Specialty stores primarily engaged in retailing tobacco products and supplies via in-store retail, electronic home shopping, mail-order, or direct sale.
[Ord. No. 20-2301, 9-8-2020]
TRANSIENT GUEST
Any person who rents and occupies a guest room in the same residential dwelling rental for a period of less than thirty-one (31) days; provided, however, that "transient guest" shall not mean an occupant under a written lease agreement.
[Ord. No. 17-2184 § 1, 5-1-2017]
TRUST COMPANY
A business entity formed for the purpose of managing property set aside to be used for the benefit of individuals or organizations.
USABLE SPACE
The living area of the principal building, excluding the garage, utility room and storage areas.
VAPE STORE
Specialty stores primarily engaged in retailing electronic smoking devices, products and supplies via in-store retail, electronic home shopping, mail-order, or direct sale.
[Ord. No. 20-2301, 9-8-2020]
YARD
An open space, other than a court, on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches.
YARD, REAR
A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
YARD, SIDE
A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line.