City of Manchester, MO
St. Louis County
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Table of Contents
Table of Contents
[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]
A. 
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:
1. 
The use shall be permitted only to the extent required by law to be permitted;
2. 
The use shall be approved only as a planned use, except if by law it is required to be permitted by right;
3. 
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;
4. 
The use shall maintain a distance of at least one thousand (1,000) feet from any other such use;
5. 
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]
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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]
A. 
An accessory building shall not exceed the height of the principal structure on the lot.
B. 
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.
C. 
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.
D. 
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.
E. 
Qualifying Patient Medical Marijuana Cultivation. On any lot in the City, a person holding a current, valid medical marijuana cultivation identification card issued by the State of Missouri may have as an accessory use medical marijuana cultivation as permitted by Article XIV, Section 1(7)(9) of the Missouri Constitution so long as all of the following conditions are met:
[Ord. No. 19-2272, 10-21-2019]
1. 
The accessory use must take place only in an "enclosed, locked facility," as that term is defined in State Regulations [19 CSR 30-95.010( 12)], equipped with security devices, and screened from view, as required by State regulations ( the "cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient or by such patient's primary caregivers and in conformance with all Federal and Missouri laws and regulations.
2. 
The State-issued qualifying patient cultivation identification card or cultivation authorization must be clearly displayed within the cultivation area and in close proximity to the marijuana plants.
3. 
The accessory use must have an odor-control system that is at least as stringent as that which is required by Missouri regulations.
4. 
No marijuana may be smoked, ingested, or otherwise consumed on the lot except by a qualifying patient.
5. 
One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants and six ( 6) non-flowering marijuana plants at any given time in a single, enclosed, locked facility.
6. 
Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility but no more than twelve (12) flowering marijuana plants and twelve (12) non-flowering plants may be cultivated in a single, enclosed, locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants and six (6) additional non-flowering marijuana plants for a total of eighteen (18) flowering marijuana plants and eighteen (18) non-flowering marijuana plants in a single, enclosed locked facility.
7. 
All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.
8. 
All medical marijuana cultivation must cease immediately upon the expiration or revocation of a State-issued qualifying patient cultivation identification card.
9. 
Nothing in this Section shall convey or establish a right to cultivate medical marijuana in a facility or premises where State or Federal law or a private contract would otherwise prohibit doing so.
[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.
[Ord. No. 19-2272, 10-21-2019]
A. 
No medical marijuana use shall be located within one-thousand (1,000) feet of any then-existing elementary school, secondary school, child day-care facility, or church. As used in the previous sentence, "then -existing" shall mean any elementary school, secondary school, child day-care facility, or church with a building permit from the City to be constructed, or under construction, or completed and in use at the time the medical marijuana use applies for a zoning permit.
B. 
When measuring the spacing requirement, the following guidelines shall be followed:
1. 
In the case of a freestanding medical marijuana use facility, the distance between the facility and the elementary school, secondary school, child day-care facility, or church shall be measured from the external wall of the facility structure closest in proximity to the elementary school, secondary school, child day-care facility, or church to the closest point of the property line of the elementary school, secondary school, child day-care facility, or church. If the elementary school, secondary school, child day-care facility, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the elementary school, secondary school, child day-care facility, or church closest in proximity to the facility.
2. 
In the case of a medical marijuana use facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the elementary school, secondary school, child day-care facility, or church shall be measured from the property line of the elementary school, secondary school, child day-care facility, or church to the facility' s entrance or exit closest in proximity to the elementary school, secondary school, child day-care facility, or church. If the elementary school, secondary school, child day-care facility, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the elementary school, secondary school, child day-care facility, or church closest in proximity to the facility.
3. 
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
[Ord. No. 20-2301, 9-8-2020]
A. 
No use that involves the retail sales of tobacco products or electronic smoking devices shall be located within one thousand (1,000) feet of any then-existing elementary school or secondary school. As used in the previous sentence, "then-existing" shall mean any elementary school or secondary schoo with a building permit from the City to be constructed, or under construction, or completed and in use at the time the tobacco products or electronic smoking device use applies for a zoning permit.
B. 
In the case of a freestanding building used for the retail sales of tobacco products or electronic smoking devices, the distance between the facility and the elementary school or secondary schoo shall be measured from the external wall of the facility structure closest in proximity to the elementary school or secondary school to the closest point of the property line of the elementary school or secondary school.
C. 
In the case of a larger structure, such as an office building or strip mall in which a portion of the building is used for the retail sales of tobacco products or electronic smoking devices, the distance between the facility and the elementary school or secondary school shall be measured from the property line of the elementary school or secondary school to the entrance or exit of the part of the building used for the retail sales of tobacco products or electronic smoking devices closest in proximity to the elementary school or secondary school.
D. 
In accordance with Section 405.160 of this Code, notwithstanding the spacing requirements 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 Section, may be continued although such use does not conform to the provisions hereof.