Building structures may be erected, altered, or used for one of the following purposes:

Single family dwelling.

Publicly owned and operated park, playground, community building, museum, library, art gallery, or public utility owned facilities.

Public and Private Community Gardens. Shall comply with standards of Chapter 40 of the Municipal Code and minimum standards for Community Gardens.

Public school.

Group Home.

Foster Care Home.

Two family dwellings.

Multiple family dwellings.

(Ord. No. 95-2801, 11-28-95; Ord. No. 2009-3415, 12-8-09)

The following shall be allowable as accessory uses:

10.21.

Accessory buildings and uses including home occupations, private garages, carports, and storage garages for multiple dwellings.

10.22.

Swimming pools shall be fenced in accordance with Section 20.4.

10.23.

One name sign may occupy required yards provided such sign is not more than one square foot in area; does not contain flashing, moving or intermittent illumination; and meets the requirements of other City ordinances.

10.24.

Any accessory building that is not a part of the main structure shall not be located in front of the main structure.

10.25.

Accessory buildings which are not a part of the main building although connected by an open breezeway may be built in a required rear yard, but such accessory building shall not be nearer than five feet to any side or rear lot lines nor shall any such accessory building occupy more than 30 percent of the required rear yard.

10.26.

No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.

10.27.

Grading, filling, excavating, or any change in the grade of property shall be done in accordance with Article X of Chapter 7 of the Ferguson City Code.

Bed and Breakfast Inns based on the following criteria:

(a)

The Bed and Breakfast Inn shall be located within a single-family residence and shall maintain the appearance of a single-family residence.

(b)

No expansion of the residence shall be allowed to accommodate the Bed and Breakfast Inn and all guest rooms shall be located in the principal residential structure on the site.

(c)

Not more than 50 percent of the floor area of the residence, nor more than four bedrooms shall be devoted to rooms rented as overnight accommodations.

(d)

The owner or resident manager of the Bed and Breakfast Inn shall maintain the structure as his/her primary residence and shall reside on the premises at all times that a guest is registered.

(e)

The owner or manager of the Bed and Breakfast Inn shall maintain a guest register including names, addresses, and dates of occupancy and such register shall be open to inspection by the appropriate city officials.

(f)

There shall be no employees other than domestic help (such as a housekeeper or cook) or the immediate family members of the owner or manager who live on the premises.

(g)

Meals shall be served only to overnight guests.

(h)

No food preparation or storage facilities shall be provided in guest rooms.

(i)

No guest shall remain in a Bed and Breakfast Inn for more than fourteen (14) consecutive days and no guest shall reside within the facility for more than a total of sixty (60) days in any calendar year.

(j)

There shall be one off-street parking space provided on the site for each bedroom for rent, in addition to the parking requirements for a single-family residence in the district.

(k)

Signage shall be limited to one single-face non-illuminated walk sign not exceeding one square foot in size.

(l)

The owner or manager shall acquire a business license from the City of Ferguson and shall comply with all applicable laws, ordinances, and Statutes of the City of Ferguson, St. Louis County, and the State of Missouri.

(m)

Additional reasonable requirements necessary to protect the public health, safety, and general welfare as determined by the City Council.

Church.

Communication antennae based on the criteria contained in Section 23.6.

Communication Towers on municipally owned property based on the criteria contained in Section 23.7.

Family day care homes, based on the following criteria:

(a)

Shall comply with all regulations of the state of Missouri and City of Ferguson that pertain to family day care homes as presently exist or may hereafter be enacted or amended.

(b)

Shall be operated by an adult who resides in the residence and personally provides the care.

(c)

Shall provide a fenced area of at least 750 square feet of usable outdoor recreation area. The property used in calculating the minimum outside play area cannot include common ground, public property, or any other property where possession is shared with other residents, or where other residents have the right to use the property.

(d)

Shall be located on a lot of at least 7,500 square feet. For lots under 10,000 square feet, however, the maximum number of children allowed shall be as follows:

Lots of 8,750 to 9,999 square feet: 9 children.

Lots of 7,500 to 8,749 square feet: 8 children.

(e)

Shall be limited to the number of children indicated in the definition of Family Day Care Home and as further restricted by paragraph (d) above, except for occasions when schools are closed due to emergencies such as inclement weather. On those days, in order to accommodate enrolled school age children needing day care due to the unscheduled school closing, the home shall be permitted to exceed its capacity by one-third.

(f)

Shall provide adequate and safe passenger loading and unloading facilities.

(g)

No permit shall be issued for a family day care home in any residential zoning district, if the issuance thereof would increase the number of such permits for family day care homes in a particular ward of the City to more than four (4).

(h)

In order to prevent an excessive concentration of family day care homes in any part of the City, any newly established family day care homes shall be at least one thousand (1,000) feet from the nearest lot line of an existing family day care home.

(i)

All structures and buildings which may be used in any operation of the family day care home have been inspected, both on the exterior and the interior, by the department of public works and the fire marshal and such buildings and structures conform to all the requirements of City and Fire Code.

(j)

Each Special Use Permit issued pursuant to this section for a family day care shall expire six years after issuance and may be renewed by completing the same procedure for original issuance of the Permit.

(k)

A Special Use Permit issued pursuant to this section for a family day care shall automatically terminate upon the revocation, suspension or other loss of the day care's state license.

Hospitals, clubs, and institutions, except institutions for criminals; provided, however, that such buildings may occupy not over 50 percent of the total area of the lot or tract; provided further, that the buildings shall set back from all yard lines heretofore established an additional distance of not less than two feet for each foot of building height.

State Licensed Nursing Facilities with Accessory Medical or Dental Office (Clinic).

Residential Treatment Facility based on the following criteria:

(a)

The residential appearance of the facility and its lot shall be maintained at all times in reasonable conformance with surrounding neighborhood or subdivision.

(b)

In order to preclude the undue concentration of Residential Treatment Facilities in any neighborhood or subdivision, no Residential Treatment Facility shall be located within 2,500 feet of another such facility.

(c)

The owner or operator shall be duly licensed by the Missouri Department of Mental Health, or have accreditation acceptable to that department.

(d)

The total number of residents of the facility shall be based on the square footage of the facility and occupancy limitations of the building code as may be further reasonably restricted by the City Council based on public health, safety, and general welfare conditions.

Group Quarters based on the following criteria:

(a)

Shall be on a lot of not less than one acre or shall be a customary accessory use to a use that is located on a lot of three or more acres.

(b)

Special considerations concerning access, parking, and landscaping the perimeter of the lot may be required by the City to protect any surrounding single-family uses.

Schools and colleges, other than public.

Two family and multiple family conversion where the alteration or conversion of a building which has been in use as a single family residence prior to January 1, 1964, and which has a horizontal projected area in excess of 1,250 square feet and an inside floor area usable for living quarters, exclusive of basement, cellar or attic floors, in excess of 2,500 square feet, into a two family dwelling or a multiple dwelling; provided, however, as follows:

(1)

The enclosed usable floor of the building shall not be increased nor shall the height of the building be increased. The enclosed usable area shall not include open porches or terraces.

(2)

Each dwelling unit shall contain at least 500 square feet of floor area.

(3)

Each dwelling unit shall provide a living room, a complete bathroom, at least one separate bedroom and kitchen facilities.

(4)

The exterior of the building shall be designed in such a manner as to maintain the appearance of a single family residence.

(5)

There shall be no exterior stairs.

The applicant shall submit plans in sufficient detail to enable the Plan Commission to determine whether or not the proposed conversion or alteration complies with the requirements of this section.

(Ord. No. 92-2555, 8-25-92; Ord. No. 95-2801, 11-28-95; Ord. No. 97-2896, 2-25-97; Ord. No. 2000-3072, 2-22-00; Ord. No. 2001-3105, 3-27-01; Ord. No. 2008-3772, 9-30-08)

See Section 26.0.

(Ord. No. 95-2797, 10-24-95)

10.51.

Minimum depth of front yard: 30 feet.

10.52.

Maximum depth of front yard: 75 feet. Except, however, that there shall be no maximum front yard depth for lots of one acre or larger in area.

10.53.

Minimum width of side yard: 5 feet, 2½ stories; 12 feet, 3 stories.

10.54.

Minimum aggregate width of side yard: 10 feet, 2½ stories; 12 feet, 3 stories.

10.55.

Minimum depth of rear yard: 30 feet.

10.56.

Minimum lot area per family: 7,500 square feet, single family; 5,000 square feet, two family; 5,000 square feet, multiple family.

10.57.

Yards, generally: Every part of a required yard shall be open to the sky, unobstructed except for as follows:

(a)

Accessory buildings in a rear yard;

(b)

Decks in a rear yard that are more than fifteen feet from the rear property line;

(c)

Ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than 24 inches into any required yard.

There shall be no storage of household items, outdoor furniture or appliances, building materials, automotive or vehicle parts or of any material within a front yard or in front of the main building.

In the event that a lot is to be occupied by a group of two or more related buildings to be used for residential or institutional purposes, there may be more than one main building on the lot; provided, however, that open space between buildings that are parallel, or within 45 degrees of being parallel, shall have a minimum dimension of 30 feet for one story buildings, 40 feet for two story buildings, and 50 feet for three story buildings.

(Ord. No. 89-2346, 3-14-89)

10.61.

The maximum height is 45 feet, or 3 stories.

Adequate landscaping shall be required in order to buffer adjacent land uses, mitigate the impacts of vehicular traffic and parking lots, minimize the adverse effects of heat and glare, reduce topsoil erosion and storm water runoff, increase the compatibility of adjacent uses, and preserve the integrity of the City and its neighborhoods.

Landscaping shall be deemed adequate if such meets the standards set forth in the Landscaping Guidelines as approved by the Planning and Zoning Commission of the City of Ferguson.

All landscaping shall adhere to the standards set forth in the Landscaping Guidelines and to the Landscaping Plan for a particular property as approved by the City.

The property owner shall be responsible for the continued maintenance of all landscaping. All landscaped areas shall be maintained in a clean, neat, and healthy condition, including weeding and removal of litter. Additionally, the repair or replacement of all fences, walls, and other screening, including refuse disposals shall be made immediately to insure conformance with these requirements.

The City Council may grant an exception or substitution with regard to any landscaping requirement. Such an exception or substitution shall only be granted if the applicant presents evidence to the Council and the Council is assured that the exception or substitution shall fulfill the purposes set forth in this section. An applicant must file a written request for exception or substitution with the City Clerk within ten (10) days of the decision of the Planning Director or the Planning and Zoning Commission, whichever is applicable to the request for exception or substitution.

(Ord. No. 2009-3416, 12-8-09)