This section contains the regulations for the PMUD Planned Mixed Use Development District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this chapter which are incorporated as part of this section by reference.

The intent of this section is to establish a zoning classification which permits developments including a mixture of residential, commercial, cultural, and institutional uses in a single structure or multiple structures. It is the purpose of these regulations to encourage a diversification of uses in unified projects located in proximity to interstate highways, major roadways and intersections, and through the interrelationship of uses and structures to promote innovative and energy conscious design, efficient and effective circulation systems, a variety of housing types and to encourage the conservation of land resources, minimization of auto travel and the location of employment and retail centers in proximity to higher density housing.

See Section 22.0, Planned Districts.

Land uses and developments shall be established as authorized under subsections 12.5(a), Residential Uses, 12.5(b), Commercial, and 12.6, Special Uses, of this section. Provided, however, in each Planned Mixed Use District, a minimum of 80% of the total gross floor area shall consist of permitted residential uses as authorized under subsection 12.5(a), Residential Uses, of this section. In Planned Mixed Use Districts, parking areas shall not be used in considering gross floor area.

As used herein the term "Gross Floor Area" shall be defined as the total floor area for all structures located in any Planned Mixed Use Development District as measured from the exterior face of any wall. Floor area for all carports shall be measured by the total area that is covered by the roofs thereon, but shall not be included in figuring the residential area.

A building or premises as authorized under this section shall be used only for the following purposes:

(a)

Single family dwelling; park, playground, community building, museum, library, art gallery, or public utility owned facility; public utility owned facility; public school; group home; foster care home; two-family dwelling; multiple-family dwellings.

(b)

Commercial: Private clubs or lodges; retail sales including appliance, bakery, book store, card and gift shop, carpeting, clothing, department store, drug store, electronics, fabrics, food store, furniture store, furrier, garden shop, hardware store, health foods, hobby shop, ice cream parlor, jewelry store, liquor store, newsstand, pet shop, radio and T.V. stores and sporting goods; financial institutions without drive-up facilities, and offices including business, dental, laboratory testing, medical, research and veterinarian.

(Ord. No. 95-2801, 11-28-95)

The City Council may authorize any of the following uses as a residential or commercial use subject to the total gross floor area requirements of subsection 4 after public hearing and subject to such protective restrictions as it deems necessary. The procedures for issuance of a special use permit shall be as required in Section 23.0.

The following shall be allowable as Special Uses:

(a)

Residential Treatment Facility based on the following criteria:

(1)

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

(2)

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.

(3)

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

(4)

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 concerns.

(b)

Group Quarters, based on the following criteria:

(1)

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.

(2)

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.

(c)

Commercial entertainment establishments, including billiard parlor, bowling alley, racquetball, tennis facility, theaters, restaurants and bars as defined in Section 4-1 of the Ferguson Code, drive-thru facilities for financial institutions, including such facilities for banks and savings and loans.

(d)

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.

(e)

Automated Teller Machines (ATMs). Outdoor automated teller machines (ATMs) shall comply with the following requirements. Drive-through Outdoor ATMs shall also comply with the requirements of Section 26.10, Drive-Through Retail and Service Facilities. An outdoor ATM shall be:

1.

Set back from an adjacent street curb by a minimum of eight feet;

2.

Located a minimum of 30 feet from any property line corner at a street intersection;

3.

Located to not eliminate or substantially reduce any landscaped areas; and

4.

Located not to result in undue traffic congestion.

5.

All construction and modifications to the exterior of the structure housing an ATM shall be completed in a manner consistent with the architectural design of the structure.

6.

Trash disposal. Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.

(Ord. No. 95-2801, 11-28-95; Ord. No. 97-2896, 2-25-97; Ord. No. 2000-3072, 2-22-00; Ord. No. 2007-3319, 8-28-07)

The following shall be allowable as accessory uses:

(a)

Accessory buildings and uses customarily incident to the above uses, and approved as a part of the plan.

(b)

Where a lot is used for a commercial purpose, more than one main building may be located upon the lot but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.

The minimum area for a PMUD planned mixed use development district shall be ten (10) acres. A planned mixed use development district may be subdivided in accordance with Chapter 41 of the Ferguson Code. Prior to the subdivision being approved, the owner shall submit to the Plan Commission for its approval a trust indenture for the proper and continuous maintenance and supervision of all common areas, buildings, structures, streets and facilities located within the district in order to carry out the intent and provisions of this section.

No building or structure shall exceed 4 stories or a maximum of 45 feet in height.

No more than 25% of the land within a planned mixed use development district shall be covered by buildings. Further, a minimum of 25% of the land within any such district shall consist of open, improved and landscaped space excluding all paved areas.

Except for residential group homes and nursing home facilities, there shall be allowed a maximum of 14.52 units per acre in all residential areas. There may be allowed a density of up to 25 units per acre for residential group homes and nursing home facilities. The procedure to determine the number of units allowable hereunder shall be in accordance with the requirements of Section 23.0, Special Use Regulations.

At a minimum, all buildings shall be set back from the right-of-way or any public street as follows:

30 feet for 1 story building.

40 feet for 2 story building.

50 feet for 3 story building.

60 feet for 4 story building.

Where the Planned Mixed Use Development District adjoins residentially zoned property, all parking areas and all structures in the Planned Mixed Use Development District shall be set back a minimum of 40 feet from the residential district.

Provided, further, whenever an applicant is able to show that a setback requirement will cause an unnecessary hardship if strictly adhered to and, because of topographical or other conditions peculiar to the site, the City Council may authorize a variance from the setback requirements.

A Planned Mixed Use Development District consisting of the above uses shall be designed as a whole, unified single project in compliance with the following requirements and, if built in stages, each shall conform with the approved plan:

(a)

All roads, parking and loading areas, and walks shall be paved with hard surface material.

(b)

Any part of the project area not used for buildings or other structures, or for parking, loading or access ways shall be landscaped with grass, trees, shrubs or pedestrian walks.

(c)

Reasonable additional requirements as to landscaping, lighting signs, or other advertising devices, screening, access ways and building setback and height limitations may be imposed for the protection of adjoining residential property. Whenever required, buffer strips shall not be less than 25 feet in width.

Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the Planned Mixed Use Development District.

See Section 26.0.

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

All signs shall conform with the requirements of Chapter 36 of the Ferguson Code of Ordinances.

(a)

Public Streets. Whenever necessary, in the judgment of the City Council, a collector street(s) in the Planned Mixed Use District shall be set forth in the Site Development Plan and shall be installed by the developer and dedicated as a public street.

(b)

Submission of Trust Indenture. Whenever an application is submitted for any property to be classified to the Planned Mixed Use Development District, the applicant shall submit for approval a proposed trust indenture relating to the control and maintenance of all land within the district.

(c)

Business to be Conducted Within Enclosed Building. All businesses, services, storage, merchandise, displays, repairing and processing shall be conducted wholly within an enclosed building. Trash dumpsters may be used outside the building, provided they are adequately screened.

(Ord. No. 90-2395, 1-9-90)