The purpose of the C-2, Planned Commercial District, is to provide areas for the development of limited retail sales and selected service activities at accessible locations in the city. The C-2 district is further intended to assist in implementation of the city's Land Use Plan for some of the land that is designated as commercial and is not located in the downtown area. The C-2 district is specifically designed for areas designated as commercial on the Land Use Plan where such areas abut residential land uses. The C-2 district is not intended to allow industrial uses. C-2 districts shall be laid out and developed as a unit according to an approved plan as provided by the procedures established in Section 22.0, Planned Districts. In addition to the selected services that are permitted uses, other service and retail uses which would not normally be appropriate in the C-2 district may be allowed as special uses with conditions specified by the city council to safeguard the public health, safety, morals, and welfare.

(Ord. No. 96-2823, 3-12-96)

The C-2 district is designed to allow narrow latitude in the range of retail uses allowed. No outdoor storage shall be conducted except as otherwise provided herein. Permitted uses are listed according to the Standard Industrial Classification (SIC) manual published by the Office of Management and Budget, 1987 edition. The specific uses set forth herein taken from the 1987 SIC Manual, are adopted by reference as specifically set forth herein and made a part of this article as if fully set out in this article. A copy of the 1987 SIC Manual is on file in the office of the City Clerk. If a particular use is not listed or within the same classification code as a listed permitted use, it is not allowed within the C-2 district. Buildings or structures may be erected, altered, or used for one or more of the following.

A.

Transportation and Communication Uses.

B.

Building Materials, Hardware, and Garden Supply including only the following:

(1)

Hardware Stores (all uses within SIC Code 525).

(2)

Retail Nurseries, Lawn and Garden Supply Stores (all uses within SIC Code 526).

C.

General Merchandise Stores (all uses within SIC Code 53).

D.

Food Stores (all uses within SIC Code 54).

E.

Apparel and Accessory Stores (all uses within SIC Code 56).

F.

Home Furniture, Furnishings, and Equipment Stores (all uses within SIC Code 57).

G.

Eating Places (all uses within SIC Code 5812 provided that such use does not have a drive-through window and is not a drive-in business).

H.

Miscellaneous Retail including only the following:

(1)

Drug Stores and Proprietary Stores (all uses within SIC Code 5912).

(2)

Miscellaneous Shopping Goods Stores (all uses within SIC Code 594).

(3)

Retail Stores, Not Elsewhere Classified (all uses within SIC Code 599 except auction rooms); the term "Retail Stores, Not Elsewhere Classified: shall not include adult-related businesses, including adult bookstores, adult novelty shops, and adult retail stores as those terms are defined in Article II of Chapter 3 of this Code.

I.

Depository Institutions including only the following:

(1)

Central Reserve Depository Institutions (all uses within SIC Code 601).

(2)

Commercial Banks (all uses within SIC Code 602).

(3)

Savings Institutions (all uses within SIC Code 603).

(4)

Credit Unions (all uses within SIC Code 606).

(5)

Foreign Banking (all uses within SIC Code 608).

(6)

Functions Related to Depository Banking including only the following:

(a)

Non-deposit Trust Facilities (all uses within SIC Code 6091).

(b)

Functions Related to Depository Banking, Not Elsewhere Classified (all uses within SIC Code 6099 except Check cashing agencies).

J.

Non-depository Credit Institutions including only the following:

(1)

Federal and Federally-Sponsored Credit Agencies (all uses within SIC Code 6111).

(2)

Business Credit Institutions (all uses within SIC Code 615).

(3)

Mortgage Bankers and Brokers (all uses within SIC Code 616).

K.

Security and Commodity Brokers, Dealers, Exchanges and Services (all uses within SIC Code 62).

L.

Insurance Carriers (all uses within SIC Code 63).

M.

Insurance Agents, Brokers and Service (all uses within SIC Code 64).

(1)

U.S. Postal Service (all uses within SIC Code 43).

N.

Real Estate including only the following:

(1)

Real Estate Agents and Managers (all uses within SIC Code 653).

(2)

Title Abstract Offices (all uses within SIC Code 654).

O.

Holding and Other Investment Offices (all uses within SIC Code 67).

P.

Personal Services including only the following:

(1)

Laundry, Cleaning and Garment Services including only the following:

(a)

Garment Pressing and Agents for Laundries and Drycleaners (all uses within SIC Code 7212).

(b)

Coin-Operated Laundries and Dry cleaning (all uses within SIC Code 7215).

(2)

Photographic Studios, Portrait (all uses within SIC Code 722).

(3)

Beauty Shops (all uses within SIC Code 723).

(4)

Barber Shops (all uses within SIC Code 724).

(5)

Shoe Repair Shops and Shoeshine Parlors (all uses within SIC Code 725).

(6)

Miscellaneous Personal Services.

(a)

Tax Return Preparation Services (all uses within SIC Code 7291).

Q.

Business Services including only the following:

(1)

Advertising (all uses within SIC Code 731).

(2)

Consumer Credit Reporting Agencies, Mercantile Reporting Agencies, and Adjustment and Collection Agencies (all uses within SIC Code 732).

(3)

Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services (all uses within SIC Code 733).

(4)

Personnel Supply Services (all uses within SIC Code 736).

(5)

Computer Programming, Data Processing, and Other Computer Related Services (all uses within SIC Code 737).

R.

Miscellaneous Repair Services including only the following:

(1)

Electrical Repair Shops (all uses within SIC Code 762).

(2)

Watch, Clock and Jewelry Repair (all uses within SIC Code 763).

S.

Motion Pictures (all uses within SIC Code 78).

T.

Amusement and Recreation Services.

(1)

Dance Studios, Schools and Halls (all uses within SIC Code 7911).

(2)

Physical Fitness Facilities (all uses within SIC Code 7991).

U.

Health Services (all uses within SIC Code 80).

V.

Legal Services (all uses within SIC Code 81).

W.

Educational Services (all uses within SIC Code 82).

X.

Social Services including only the following:

(1)

Individual and Family Social Services (all uses within SIC Code 832) excluding Adult Day Care Centers.

Y.

Museums, Art Galleries, Botanical and Zoological Gardens (all uses within SIC Code 84).

Z.

Membership Organizations including only the following:

(1)

Business Associations (all uses within SIC Code 861).

(2)

Professional Membership Organizations (all uses within SIC Code 862).

(3)

Labor Unions and Similar Labor Organizations (all uses within SIC Code 863).

(4)

Civic, Social and Fraternal Associations (all uses within SIC Code 864).

(5)

Political Organizations (all uses within SIC Code 865).

(6)

Other Membership Organizations (all uses within SIC Code 869).

AA.

Engineering, Accounting, Research, Management, and Related Services including only the following:

(1)

Engineering, Architectural, and Surveying Services (all uses within SIC Code 871).

(2)

Accounting, Auditing, and Bookkeeping Services (all uses within SIC Code 872).

(3)

Research, Development, and Testing Services including only the following:

(a)

Commercial Economic, Sociological, and Educational Research (all uses within SIC Code 8732).

(4)

Management and Public Relations Services including only the following:

(a)

Management Services (all uses within SIC Code 8741).

(b)

Management Consulting Services (all uses within SIC Code 8742).

(c)

Public Relations Services (all uses within SIC Code 8743).

(d)

Business Consulting Services, Not Elsewhere Classified (all uses within SIC Code 8748).

BB.

Public Administration including only the following:

(1)

Executive, Legislative, and General Government, Except Finance (all uses within SIC Code 91).

(2)

Justice, Public Order and Safety including only the following:

(a)

Courts (all uses within SIC Code 921).

(b)

Police Protection (all uses within SIC Code 9221).

(c)

Fire Protection (all uses within SIC Code 9224).

(d)

Other Public Order and Safety (all uses within SIC Code 9229).

CC.

Auto and Home Supply Stores including all uses in SIC Code 5531.

DD.

Hotels, Motels, and Tourist Courts (all uses within SIC Code 701).

(Ord. No. 96-2823, 3-12-96; Ord. No. 2005-3255, 12-13-05; Ord. No. 2007-3302, 2-27-07)

Uses and structures customarily accessory to a permitted use, and approved as a part of the plan, may be allowed. 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. Donation receptacles are allowed as an accessory use provided that such use conforms to the Code of Ordinances, Section 7-237, and minimum standards for donation receptacles.

Special uses may be allowed based on the provisions of Section 23.0, Special Use Regulations, and the criteria in this section.

A.

Motor Vehicle Dealers:

(1)

New or New and Used Dealers provided that:

(a)

Such use shall be located on a minimum of two acres of land.

(b)

The number of used motor vehicles for resale allowed on the property at any one time shall not exceed a number equal to one used motor vehicle for every four new motor vehicles of a like kind that are for sale on said property.

(2)

Used Dealers provided that:

(a)

Such use shall be located on a minimum of two acres of land which fronts on Pershall Road;

(b)

All vehicles shall be in proper running order and arranged in an orderly manner; and

(c)

Storage of derelict or nonfunctional vehicles shall be prohibited.

(3)

Automotive Service and/or repair, rental and/or leasing, and vehicle financing may be approved as part of the special uses permit as accessory use provided that:

(a)

Such accessory uses are confined within the same building as motor vehicle sales;

(b)

The facilities for such accessory uses are subject to site plan review and approval;

(c)

The accessory uses shall be automatically discontinued in the event that motor vehicle sales are discontinued; and

(d)

In the event that any part of the facility is leased to a separate entity for the provision of such accessory uses, the separate entity shall be made a party to, and bound by the terms of the special use permit and approved site plan and shall be subject to approval by the City.

B.

Eating Places (all uses within SIC Code 5812 which have drive-through windows or is a drive-in business).

C.

Drinking Places (Alcoholic Beverages) (all uses within SIC Code 5813).

D.

Automotive Services, including only the following:

(1)

Automotive Services except Repair and Car washes (all uses within SIC Code 7549 except towing services).

E.

Communication antennae based on the criteria contained in Section 23.6.

F.

Communication towers based on the criteria contained in Section 23.7.

G.

Pet Care (All uses within NAICS 812910 except veterinary services, boarding, and sitting of pets)

H.

Child Day Care Services (all uses within SIC Code 835) based on the following criteria:

(1)

In order to prevent an excessive concentration of child day care centers in any part of the City any newly established child day care center shall be at least two thousand five hundred (2,500) feet from the nearest lot of the existing child day care center.

I.

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 to not 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. 97-2896, 2-25-97; Ord. No. 2000-3092, 9-26-00; Ord. No. 2007-3291, 1-9-07; Ord. No. 2007-3319, 8-28-07; Ord. No. 2010-3433, 7-27-10)

14.5.1.

Temporary Outdoor Displays. Temporary outdoor displays of merchandise may be allowed by the Director of Public Works based on the permit process outlined in Section 21.61.

14.5.2.

Temporary Seasonal Displays and Sales. Temporary seasonal displays and sales may be allowed by the Director of Public Works based on the permit process outlined in Section 21.62.

14.5.3.

Festivals. Festivals may be allowed by the Director of Public Works based on the permit process outlined in Section 21.63.

See Section 26.0.

14.7.1.

The minimum area for a planned commercial district shall be two acres. Provided, however, if the property that is to be rezoned is contiguous to property that is zoned as C-2 Planned Commercial District, then the minimum area for said contiguous property that is to be rezoned C-2 Planned Commercial District may be less than two acres.

14.7.2.

The aggregate gross area of all buildings shall not exceed 25 percent of the entire lot area of the project and all buildings shall be set back at least 30 feet from all public rights-of-way adjoining the commercial development site and 40 feet from all other property boundaries adjoining an "R" district. In addition, the parking and loading areas and all other accessory structures shall be set back a minimum of 25 feet from any residentially-zoned property. This 25 foot wide area shall be heavily landscaped with trees, fences, walls, or natural material to provide a minimum six foot high opaque screen to block the view of the commercial development from adjoining residentially-zoned property.

14.7.3.

A commercial development 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.

14.7.4.

Minimum site development requirements.

(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.

14.7.5.

Maintenance of Improvements. Continuing maintenance of all required screen plantings, as shown on the approved plan, shall be a requisite of conformance for the C-2 Planned Commercial District.

Any lot created as part of a planned commercial district shall be a minimum of 20,000 square feet in size and a minimum of 100 feet in width. Any such new lot shall also meet all area requirements specified in Section 14.7 except the minimum area of two acres.

The maximum height is 45 feet or three stories; however, the height of the buildings may be increased in accordance with Section 22, based on the availability of public fire protection, sewer and water capacity, and the impact on adjacent properties.

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)

No building shall be constructed, altered or used for a Medical Marijuana Dispensary without complying with the following regulations this subchapter.

A.

No Medical Marijuana Dispensary shall be located within three hundred (300) feet of a then existing elementary or secondary school, child day care center, or church*. Measurements shall be in a method consistent with the city's existing liquor license measurement standard.

*Then existing" shall mean any school, child day-care center, or church with a written building permit from the city to be constructed, or under construction, or completed and in use at the time the Medical Marijuana Dispensary first applies for either zoning or a building permit, whichever comes first.

B.

Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a Medical Marijuana Dispensary building.

C.

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 places between the hours of 8:00 a.m. and 8:00 p.m., Monday—Thursday and Sunday. Sales and distribution of Medical Marijuana or any other products sold to the public through a Medical Marijuana Dispensary shall be extended until 10:00 p.m. the following day on Friday and Saturday evenings*. 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 a facility at any time it is closed to the public.

D.

Display of License Required. The Medical Marijuana Dispensary license issued by the state of Missouri shall be prominently displayed in a highly visible and public location.

E.

Zoning Limitations. Medical Marijuana Dispensaries in the City of Ferguson may be located in the following areas: 1) any commercial district along West Florissant Road, 2) the C-2 Commercial District, 3) the C-1 Commercial district bounded by New Halls Ferry Road, Old Halls Ferry Road, and Interstate 270, and 4) the DT-1 and DT-2 Downtown Commercial Districts, and the DT-3 Downtown Transition District. Any proposed dispensary is subject to the zoning requirements of the proposed location, and the additional regulations outlined in this Section.

F.

Site Plan Review. Any plans for a Medical Marijuana Dispensary shall meet the standard new construction requirements of the Building and fire code of the City of Ferguson and reviewed for approval by the Planning Commission.

(Ord. No. 2019-3666, § 5, 7-23-19; Ord. No. 2020-3672, § 5, 2-25-20)