[Ord. No. 99-1145 Art. 4 §1, 9-20-1999]
No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless in conformity with the regulations as set forth in this Chapter.
[Ord. No. 99-1145 Art. 4 §2, 9-20-1999]
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.
[Ord. No. 99-1145 Art. 4 §3 9-20-1999]
The minimum yards, height limits, parking space, open spaces, including lot area per family, required by this Chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.
[Ord. No. 99-1145 Art. 4 §4, 9-20-1999]
No building shall be erected within the right-of-way of a proposed street or proposed common open space, or park, when such areas have been located on a Master Plan and such Plan has been duly adopted by the Commission and the Board of Aldermen of the City of Manchester.
[Ord. No. 99-1145 Art. 4 §5, 9-20-1999; Ord. No. 19-2260, 7-15-2019]
For the purposes of this Chapter, permitted uses, special uses, and uses specifically prohibited are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this Chapter, uses not specifically listed are expressly prohibited.
The above notwithstanding, any use not shown as a use permitted by right, a special use or a planned use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized only in the "C-2" District subject to the following conditions:
The use shall be permitted only to the extent required by law to be permitted;
The use shall be approved only as a planned use, except if by law it is required to be permitted by right;
The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school or church, except as may be modified by the Board of Aldermen through a planned use procedure;
The use shall maintain a distance of at least one thousand (1,000) feet from any other such use;
No use shall occupy a structure in excess of five thousand (5,000) square feet without an approved alternate parking plan designed for that use and supported by a traffic study submitted to and approved by the Board of Aldermen.
[Ord. No. 09-1941 §1, 6-1-2009]
A non-residential use shall not significantly alter, reconstruct and/or demolish the existing structures in an established residential subdivision for the purpose of developing non-residential buildings, parking facilities or other improvements unless a "super-majority" two-thirds (2/3) of the existing lot owners in the established subdivision agree to allow it. The term "established residential subdivision" shall mean a subdivision against which there is impressed an indenture, deed of restrictions or the like or which has duly appointed/elected Trustees, directors or the like. In the event no indentures, deed of restrictions or active Trustees are identified, neighborhood protection from said encroachment shall still be effective per the above stated terms. The borders/boundaries of said non-indentured residential subdivision shall be agreed to by a majority of the lot owners.
[Ord. No. 99-1145 Art. 4 §6, 9-20-1999]
Except as otherwise provided herein, the lawful use of a building or structure, or the lawful use of any land as existing and lawful at the effective date of this Chapter or in the case of a change of regulations, then at the time of such change, may be continued although such use does not conform to the provisions hereof. Except as provided in this Article, such non-conforming use may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this Chapter.
In the event that a non-conforming use of any building or premises is discontinued for a period of six (6) months, the use of the same shall thereafter conform to the use regulations of the district in which it is located.
No existing building or premises devoted to a use not permitted by this Chapter in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered greater than fifty-one percent (51%) beyond the floor area of such building at the time of adoption of this Chapter.
When a building, the use or minimum floor area, lot size, height, area or density requirements of which do not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God, the public enemy or other unforeseen and unintended casualty, it shall not be restored except in conformity with the district regulations of the district in which the building is situated except that minimum floor area restrictions and lot size shall not apply; however, in no event shall the restored building have less floor area than it did prior to its destruction unless approved by the Planning and Zoning Commission.
Notwithstanding the foregoing, any building or premises which contains a non-conforming use damaged by fire or other casualty outside the control of the owner and occupant of such building may be restored for the same usage and to the same density and configuration as existed prior to such fire or other casualty, regardless of the extent of the damage and may, thereby, maintain its non-conforming use protection hereunder.
[Ord. No. 01-1310 §4, 12-3-2001]
An accessory building shall not exceed the height of the principal structure on the lot.
The maximum size of an accessory building shall be five hundred (500) square feet and shall also not exceed thirty percent (30%) of the usable space of the principal structure.
An accessory building shall only be located behind the principal structure and shall be setback from the side and rear property lines at least five (5) feet and/or the distance of any easement.
An accessory building shall be located at least ten (10) feet from the principal structure on the lot and at least ten (10) feet from the principal building on any adjacent lot.
[Ord. No. 15-2109 §2, 6-1-2015]
No plant material, signs and/or structures shall exceed three (3) feet in height above the elevation of the street pavement within the sight distance triangle, as such is defined in this Chapter.