[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:
Any building, the use of which is incidental to the principal
use of another structure on the same premises.
A use incidental and subordinate to the principal use of
the premises.
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]
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming marijuana-infused food products; or
Any other method recommended by a qualifying patient's physician as authorized by Article XIV, Section 1, of the Missouri Constitution.
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.
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.
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.
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]
The City Engineer or his/her designee.
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]
A grouping of five (5) or less Home Care Facilities on one
(1) parcel, designed as a single planned development.
[Ord. No. 19-2262, 7-15-2019; Ord. No. 22-2361, 7-18-2022]
Specialty store primarily engaged in retailing products containing
Cannabidoil (CBD).
[Ord. No. 20-2301, 9-8-2020]
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]
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]
The Planning and Zoning Commission for the City of Manchester.
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.
Any building, or portion thereof, which is designed or used
exclusively for residential purposes.
A building, or portion thereof, designed for or occupied
by two (2) or more families.
A building designed for or occupied exclusively by one (1)
family.
The meaning set forth in Section 210.2100 of the Manchester Code.
[Ord. No. 20-2301, 9-8-2020]
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]
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]
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]
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.
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:
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.
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 19-2272, 10-21-2019]
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]
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]
See Section 405.155 for definitions and standards relating to home occupations and home-based businesses or work.
[Ord. No. 23-2389, 8-7-2023]
A business that issues securities (i.e., stocks, bonds and
other investments) and is primarily engaged in the business of investing
in securities.
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.
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]
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.
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.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear of
lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The lines bounding a lot.
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.
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.
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]
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]
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]
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.
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]
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]
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]
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]
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]
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]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 19-2272, 10-21-2019]
A facility certified by the State of Missouri to store and
transport marijuana.
[Ord. No. 19-2272, 10-21-2019]
Any of the following herein defined entities:
[Ord. No. 19-2272, 10-21-2019]
Medical marijuana cultivation facility.
Medical marijuana dispensary.
Medical marijuana-infused products manufacturing facility.
Medical marijuana testing facility.
Medical marijuana transportation facility.
Any other entity currently or hereafter included in and regulated by Article XIV, Section 1, of the Missouri Constitution.
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]
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]
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.
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.
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.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 19-2272, 10-21-2019]
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]
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]
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]
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:
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.
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.
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.
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.
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:
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.
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.
Foods, beverages or frozen desserts are not served in edible
containers or on plastic, paper or other disposable containers.
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.
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]
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]
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
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:
Expert testimony as to the principal use of the item;
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;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment;
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
The physical or structural characteristics of the item; or
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
SPECIFIED ANATOMICAL AREAS: Any of the following:
SPECIFIED SEXUAL ACTIVITIES: Any of the following
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts; or
Actual or simulated acts of sexual intercourse, masturbation,
sodomy or oral copulation; or
Excretory functions as part of or in connection with any of
the activities set forth in paragraphs (a) or (b) of this definition.
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]
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]
A paved public or private right-of-way which provides access
to abutting properties from the front.
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.
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.
The meaning set forth in Section 210.2100 of the Manchester Code.
[Ord. No. 20-2301, 9-8-2020]
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]
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]
A business entity formed for the purpose of managing property
set aside to be used for the benefit of individuals or organizations.
The living area of the principal building, excluding the
garage, utility room and storage areas.
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]
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.
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.
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.
A yard between the building and the side line of the lot
and extending from the front lot line to the rear lot line.
