[1]
[Editor's Note: The title of this Article, which was formerly
Supplementary Regulations – Greenspace, was amended by Ord.
No. 19-2272, adopted 10-21-2019.
[Ord. No. 99-1145 Art. 6 §8, 9-20-1999]
A.
DETENTION
DIFFERENTIAL RUNOFF
FRONT YARD
GREENSPACE
REAR YARD
SIDE YARD
For
the purposes of this Article only, the following terms shall have
the following meanings:
The temporary on-site storage of differential runoff.
The difference in rate and volume of stormwater runoff from
a parcel of land in its undeveloped condition to a developed condition.
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; for corner lots, the
front yard shall be only that portion of the yard facing the street
containing the mailing address or similar designation for such lot.
Permeable surfaces which absorb water, including drainage
ways, ravines, flood plains and water surfaces of in-ground spas,
swimming pools and fountains that are not under roof, provided however,
that the water surfaces of a detention system shall not be included.
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.
B.
In
each of the zoning districts of the City, the front yard shall include
not less than seventy percent (70%) greenspace unless, within such
front yard, there shall be a circular drive serving the property,
in which case, such front yard shall include not less than fifty percent
(50%) greenspace.
C.
In
each of the zoning districts of the City, the rear yard shall include
not less than fifty percent (50%) greenspace.
D.
In
each of the zoning districts of the City, the side yard shall include
not less than fifty percent (50%) greenspace.
E.
The owner or occupant of any property in each of the zoning districts of the City may obtain, prior to undertaking any building or paving of existing grassed or natural ground covered area thereon, a variance from the strict application of the provisions of Subsections (B), (C) and/or (D) above if, in the opinion of the City's Planning and Zoning Commission, there exist practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such provisions provided that the spirit of such provision shall be observed, public safety and welfare secured and substantial justice done. In such case of variance, the Planning and Zoning Commission may require, among other things, that detention or new storm sewer piping be provided for the differential runoff that is generated from the site improvements.
[Ord. No. 19-2272, 10-21-2019]
A.
Medical Marijuana Dispensary. No building or area of land shall be
constructed, altered or used for a medical marijuana dispensary, without
complying and remaining in compliance with the following standards:
1.
Freestanding Building With No Frontage On Manchester Road. Only
parcels with frontage on streets other than Manchester Road shall
be used for a medical marijuana dispensary. For purposes of this Section,
a lot having fifty (50) feet or less of frontage on Manchester Road
shall not be considered a lot with frontage on Manchester Road.
2.
State License Required. All medical marijuana dispensaries must
have the appropriate license and any other required authorization
to operate from the Missouri Department of Health and Senior Services
to operate in the City. The applicant may seek zoning approval upon
showing of a submitted application for a State license, but no final
approval shall be given until such State-issued license has been obtained
and satisfactory proof of such licensure has been provided to the
City. Continued operation in the City shall always require such licensure
to remain valid.
3.
Outdoor Operations Or Storage. No outdoor operations or storage
shall be allowed.
4.
Odor Control And Nuisance. Every medical marijuana dispensary shall have and maintain an odor-control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
5.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed or Administered on the premises of any medical
marijuana dispensary facility.
6.
Hours Of Operation. All sales or distribution of medical marijuana
and any other products sold to the public through a medical marijuana
dispensary shall take place between the hours of 9:00 A.M. and 9:00
P.M. Monday through Friday and from 10:00 A.M. to 6:00 P.M. Saturday
and Sunday.
7.
Security. Medical marijuana dispensaries shall be secured and
closed to the public after the hours listed in this Subsection, and
no persons not employed by the medical marijuana dispensary may be
present in such facility at any time closed to the public. Medical
marijuana dispensaries shall have and maintain security systems, equipment,
and procedures at least as stringent as those which are required by
State regulations.
8.
Display Of Licenses Required. The medical marijuana dispensary
facility license issued by the State of Missouri and any and all licenses
issued by the City of Manchester shall be displayed in plain view
near the front entrance of the facility as required by State regulations.
9.
Site Plan Review Required. A medical marijuana dispensary shall be subject to the site plan application requirements of Sections 405.760 and 405.820(C).
10.
Additional Requirements. All medical marijuana dispensary facilities shall comply with all generally applicable provisions of the Zoning Regulations of the City of Manchester, all provisions of Article XIV, Section 1, of the Missouri Constitution, as well as any and all rules and regulations promulgated by the Department of Health and Senior Services for the State of Missouri regulating medical marijuana, including but not limited to security requirements, lighting, parking, and patient verification requirements.
B.
Medical Marijuana-Infused Products Manufacturing Facilities, Medical
Marijuana Cultivation Facilities, Medical Marijuana Testing Facilities,
and Medical Marijuana Transportation Facilities. No building or area
of land shall be constructed, altered or used for a medical marijuana-infused
products manufacturing facility, medical marijuana cultivation facility,
medical marijuana testing facility, or medical marijuana transportation
facility without complying and remaining in compliance with the following
standards:
1.
State License Required. All medical marijuana cultivation facilities,
medical marijuana-infused products manufacturing facilities, medical
marijuana testing facilities, and medical marijuana transportation
facilities must have the appropriate license and any other required
authorization to operate from the Missouri Department of Health and
Senior Services to operate in the City. The applicant may seek zoning
approval upon showing of a submitted application for a State license,
but no final approval shall be given until such State license has
been obtained and satisfactory proof of such licensure has been provided
to the City. Continued operation in the City shall always require
such licensure to remain valid.
2.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence meeting the requirements of Article XII (Supplementary Regulations — Fence Regulations) of these zoning regulations.
3.
Odor Control And Nuisance. All facilities must have an odor-control system that is at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
4.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed or administered on the premises of any medical
marijuana-infused products manufacturing facility, medical marijuana
cultivation facility, medical marijuana testing facility, or medical
marijuana transportation facility, except in a medical marijuana testing
facility when being administered for testing purposes authorized by
the State of Missouri Department of Health and Senior Services..
5.
Hours Of Operation. All medical marijuana-infused products manufacturing
facilities, medical marijuana cultivation facilities, medical marijuana
testing facilities, and medical marijuana transportation facilities
shall be closed to the public between the hours of 9:00 P.M. and 9:00
A.M. Monday through Friday and from 6:00 P.M. to 10:00 A.M. Saturday
and Sunday. No persons not employed by the business shall be on the
premises at any time without being approved entry, logged in by building
security personnel and obtaining and displaying a visitor pass.
6.
Display Of Licenses Required. All medical marijuana uses shall
display their license issued by the State of Missouri and any and
all licenses issued by the City in a prominent place in plain view
near the front entrance of the facility or as otherwise required by
State regulations.
7.
Site Plan Review Required. Medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, medical marijuana testing facilities, and medical marijuana transportation facilities shall be subject to the site plan application requirements of Sections 405.760 and 405.820(C).
8.
Accreditation, Standards, And Procedures — Testing Facilities.
Every medical marijuana testing facility shall, at all times, maintain
in good standing its accreditation as required by State regulations,
and utilize standards and procedures for personnel and for testing
medical marijuana in all forms which are at least as stringent as
those required by State regulations.
9.
Additional Requirements. All medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, medical marijuana testing facilities, and medical marijuana transportation facilities shall comply with all generally applicable provisions of the Zoning Regulations of the City of Manchester, all provisions of Article XIV, Section 1, of the Missouri Constitution, as well as any and all rules and regulations promulgated by the Department of Health and Senior Services for the State of Missouri regulating medical marijuana, including but not limited to security requirements, lighting, parking, record maintenance and retention, and patient verification requirements.
