The purpose of the M-1 Industrial District is to encourage the development and redevelopment of areas of the city which are designated as industrial by the city's land use plan. The M-1 district is further intended to ensure high quality future development through the use of site plan approval procedures which provide for specific consideration of access, parking, drainage, landscaping, and design factors. In addition to the permitted uses, other uses which would not normally be appropriate in the M-1 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. 94-2751, 12-13-94)

The M-1 district is designed to allow considerable latitude in the range of light manufacturing and wholesale uses allowed. 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 M-1 district. Buildings or structures may be erected, altered, or used for one or more of the following.

A.

Construction Uses including only the following:

(1)

Building Construction—General Contractors and Operative Builders (all uses within SIC Code 15).

(2)

Heavy Construction other than Building Construction—Contractors (all uses within SIC Code 16).

(3)

Construction—Special Trade Contractors (all uses within SIC Code 17).

B.

Manufacturing Uses including only the following:

(1)

Bakery Products (all uses within SIC Code 205).

(2)

Bottled and Canned Soft Drinks and Carbonated Waters (all uses within SIC Code 2086).

(3)

Manufactured Ice (all uses within SIC Code 2097).

(4)

Textile Mill Products (all uses within SIC Code 22).

(5)

Apparel and other Finished Products made from Fabrics and Similar Materials (all uses within SIC Code 23).

(6)

Millwork, Veneer, Plywood, and Structural Wood Members (all uses within SIC Code 243).

(7)

Wood Containers (all uses within SIC Code 244).

(8)

Wood Buildings and Mobile Homes (all uses within SIC Code 245).

(9)

Miscellaneous Wood Products (all uses within SIC Code 249).

(10)

Furniture and Fixtures (all uses within SIC Code 25).

(11)

Paperboard Containers and Boxes (all uses within SIC Code 265).

(12)

Converted Paper and Paperboard Products, Except Containers and Boxes (all uses within SIC Code 267).

(13)

Printing, Publishing, and Allied Industries (all uses within SIC Code 27).

(14)

Rubber and Miscellaneous Plastics Products (all uses within SIC Code 30).

(15)

Leather and Leather Products (all uses within SIC Code 31).

(16)

Flat Glass (all uses within SIC Code 3211).

(17)

Glass and Glassware, Pressed or Blown (all uses within SIC Code 322).

(18)

Glass Products, Made of Purchased Glass (all uses within SIC Code 3231).

(19)

Pottery and Related Products (all uses within SIC Code 326).

(20)

Metal Cans and Shipping Containers (all uses within SIC Code 341).

(21)

Cutlery, Hand Tools and General Hardware (all uses within SIC Code 342).

(22)

Heating Equipment and Plumbing Fixtures (all uses within SIC Code 343).

(23)

Fabricated Structural Metal Products (all uses within SIC Code 344).

(24)

Screw Machine Products, and Bolts, Nuts, Screws, Rivets, and Washers (all uses within SIC Code 345).

(25)

Metal Forgings and Stampings (all uses within SIC Code 346).

(26)

Coating, Engraving, and Allied Services (all uses within SIC Code 347).

(27)

Miscellaneous Fabricated Metal Products (all uses within SIC Code 349).

(28)

Machinery (all uses within SIC Code 35).

(29)

Electronic and other Electrical Equipment and Components (all uses within SIC Code 36).

(30)

Measuring, Analyzing, and Controlling Instruments, Photographic, Medical, and Optical Goods; Watches and Clocks (all uses within SIC Code 38).

(31)

Miscellaneous Manufacturing Industries (all uses within SIC Code 39).

C.

Transportation and Communication Uses Including only the following:

(1)

Local and Suburban Transit and Interurban Highway Passenger Transportation (all uses within SIC Code 41).

(2)

Motor Freight Transportation and Warehousing (all uses within SIC Code 42).

(3)

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

(4)

Pipe Lines, Except Natural Gas (all uses within SIC Code 46).

(5)

Transportation Services (all uses within SIC Code 47).

(6)

Communication (all uses within SIC Code 48).

(7)

Communication antennae based on the criteria contained in Section 23.6.

(8)

Communication towers based on the criteria contained in Section 23.7.

D.

Electric, Gas, and Sanitary Services including only the following:

(1)

Electric Services, including facilities within SIC Code 4911 which are engaged in the transmission and/or distribution of electric energy for sale.

(2)

Natural Gas Distribution (all uses within SIC Code 4924).

(3)

Sanitary Services, Not Elsewhere Classified (all uses within SIC Code 4959).

(4)

Steam and Air-Conditioning Supply (all uses within SIC Code 4961).

(5)

Irrigation Systems (all uses within SIC Code 4971).

E.

Wholesale Trade—Durable Goods including only the following:

(1)

Motor Vehicles and Automotive Parts and Supplies (all uses within SIC Code 501).

(2)

Furniture and Home Furnishings (all uses within SIC Code 502).

(3)

Lumber and other Construction Materials (all uses within SIC Code 503).

(4)

Professional and Commercial Equipment and Supplies (all uses within SIC Code 504).

(5)

Electrical Goods (all uses within SIC Code 506).

(6)

Hardware, Plumbing and Heating Equipment and Supplies (all uses within SIC Code 507).

(7)

Machinery, Equipment, and Supplies (all uses within SIC Code 508).

(8)

Miscellaneous Durable Goods (all uses within SIC Code 509).

F.

Wholesale Trade—Nondurable Goods including only the following:

(1)

Paper and Paper Products (all uses within SIC Code 511).

(2)

Drugs, Drug Proprietaries and Druggists' Sundries (all uses within SIC Code 512).

(3)

Apparel, Piece Goods, and Notions (all uses within SIC Code 513).

(4)

Groceries and Related Products (all uses within SIC Code 514).

(5)

Beer, Wine, and Distilled Alcoholic Beverages (all uses within SIC Code 518).

(6)

Books, Periodicals, and Newspapers (all uses within SIC Code 5192).

(7)

Flowers, Nursery Stock, and Florists' Supplies (all uses within SIC Code 5193).

(8)

Tobacco and Tobacco Products (all uses within SIC Code 5194).

(9)

Miscellaneous Nondurable Goods, Not Elsewhere Classified (all uses within SIC Code 5199).

G.

Retail Trade including only the following:

(1)

Lumber and other Building Materials Dealers (all uses within SIC Code 521).

(2)

Paint, Glass and Wallpaper Stores (all uses within SIC Code 521).

(3)

Hardware Stores (all uses within SIC Code 525).

(4)

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

(5)

Gasoline Service Stations (all uses within SIC Code 5541).

(6)

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

H.

Services including only the following:

(1)

Laundry, Cleaning, and Garment Services (all uses within SIC Code 721).

(2)

Business Services (all uses within SIC Code 73).

(3)

Automotive Repair, Services and Garages (all uses within SIC Code 75).

(4)

Miscellaneous Repair Services (all uses within SIC Code 76).

I.

Amusement and Recreation Services including only the following:

(1)

Commercial Sports (all uses within SIC Code 794).

(2)

Miscellaneous Amusement and Recreation Services (all uses within SIC Code 799).

J.

Health Services including only the following:

(1)

Medical and Dental Laboratories (all uses within SIC Code 907).

(2)

Health and Allied Services (all uses within SIC Code 809).

K.

Educational Services including only the following:

(1)

Correspondence Schools and Vocational Schools (all uses within SIC Code 824).

L.

Research/Development and Testing Services (all uses within SIC Code 873).

M.

Miscellaneous Services (all uses within SIC Code 89).

N.

Public Administration including only the following:

(1)

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

(2)

Police Protection (all uses within SIC Code 9221).

(3)

Fire Protection (all uses within SIC Code 9224).

O.

Adult-Related Business as such is defined in Article II of Chapter 3 of this Code.

P.

Medical Marijuana Dispensaries.

Q.

Medical Marijuana-Infused Products Manufacturing Facility.

(Ord. No. 97-2896, 2-25-97; Ord. No. 2007-3302, 2-27-07; Ord. No. 2019-3666, § 4, 7-23-19; Ord. No. 2020-3672, §§ 2, 4, 2-25-20)

Uses and structures customarily accessory to a permitted use may be allowed. Except for limited quarters for night watchmen, no structure shall be used for residential purposes.

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

A.

Eating Establishments: (all uses within SIC Code 5812, excluding outdoor seating).

B.

Utilities:

(1)

Water Supply storage (all uses within SIC Code 4941).

(2)

Sewage Treatment Plants (all uses within SIC Code 4952), as an accessory use only.

C.

Adult Entertainment Establishments (uses described in Chapter 3 of the City's Code of Ordinances).

D.

Parking facilities for Tractor Trailers based on the following criteria:

(1)

Such use shall be separated from adjacent non-industrial land by a minimum six-foot high opaque screen of fence and/or planted material.

(2)

Noise generated by the site shall be consistent with the level of noise generated by surrounding land uses.

(3)

A paved hard surface of concrete or asphaltic concrete shall be provided for all parking areas.

(4)

Storm water drainage shall be adequate to meet or exceed all requirements of the Metropolitan Sewer District.

(5)

Additional reasonable conditions as may be required by the city council to protect the public health, safety, and general welfare.

E.

Short-Term Loan Establishments (as defined is Section 2.0 of this chapter.

(Ord. No. 98-3008, 10-27-98; Ord. No. 2008-3354, 5-13-08)

Site Plan approval by the Plan Commission shall be required for all proposed developments within the M-1 Industrial District as provided for in Section 24.0.

Minimum Lot Size: 10,000 square feet.

Minimum Lot Width: 100 feet.

Minimum Front Yard: 30 feet.

Minimum Side Yard: None, unless the side of the lot abuts land zoned residential in which case there shall be a side yard of at least 10 feet. If a side yard is not required but is provided, however, it shall be at least 10 feet in width.

Minimum Rear Yard: None, unless the rear of the lot abuts land zoned residential, in which case there shall be a rear yard of at least 25 feet. If a rear yard is not required but is provided, however, it shall be at least 10 feet in width.

Maximum Building Coverage: 50 percent.

Maximum Building Height: 60 feet or three stories.

Filling Station Pumps: Must be set back 15 feet from any street line, 25 feet from any side or rear lot line, and 50 feet from any residentially-zoned land.

17.71.

Screening Required Adjacent to Residential Property. Any lot in the M-1 District which is adjacent to a residentially-zoned lot shall provide screening on the M-1 zoned lot adjacent to the residentially-zoned lot. The screening shall be in the form of evergreen plant material and/or a sight-proof fence or wall a minimum of four feet in height. Such screening shall be reviewed and approved by the Plan Commission as part of the site plan review process. The Plan Commission may require the screen to be higher than four feet, based on the elevation of each lot.

17.72.

Screening of Outdoor Storage Area. Any lot in the M-1 District which contains or is proposed to contain an outdoor storage area shall provide screening between such storage area and adjacent lots and/or streets. The screening shall be in the form of evergreen plant material and/or a sight-proof fence or wall a minimum of four feet in height. Such screening shall be reviewed and approved by the Plan Commission who may require the screen to be higher based on the elevation of the lot, any adjacent lot, or any adjacent street, or based on the height of material stored or proposed to be stored in the outdoor storage area. Such screening shall be reviewed and approved by the Plan Commission as part of the site plan review process. In addition, if any existing outdoor storage area is located adjacent to a street or residentially-zoned property or is determined to be unsightly by the City, the owner or operator of such property may be required to prepare a plan for screening to be reviewed and approved by the Plan Commission based on the requirements of this subsection.

(Ord. No. 96-2853, 9-10-96)

See Section 26.0.

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

No building shall be constructed, altered or used for a Medical Marijuana-Infused Products Manufacturing Facility without complying with the following regulations.

A.

Distance Requirement. No Medical Marijuana-Infused Products Manufacturing Facility using any combustible and/or flammable gases or CO2 in the extraction process shall be located within three hundred (300) feet of a then existing elementary or secondary school, licensed child day care center, or church, as measured from the nearest point of each property line*.

*"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.

Zoning Limitations. A Medical Marijuana -Infused Products Manufacturing Facility may be located in the M-1 Industrial District, subject to the above distance requirement. Measurements shall be in a method consistent with the State of Missouri's guidelines for regulation of medical marijuana facilities.

C.

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 razor wire fence no more than eight (8) feet in height.

D.

Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any Medical Marijuana-Infused Products Manufacturing Facility during regular business hours.

E.

Hours of Operation. All Medical Marijuana-Infused Products Manufacturing Facilities shall be closed to the public, between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

F.

Display of Licenses Required. The Medical Marijuana-Infused Products Manufacturing Facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.

G.

Site Plan Review Required. Any plans for a Medical Marijuana-Infused Products Facility using combustible and/or flammable gases or CO2 in the extraction process shall meet the standard construction requirements of Building and fire code of the City of Ferguson.

H.

Zoning. A Medical Marijuana-Infused Products Facility using combustible and/or flammable gases or CO2 in the extraction process may locate in the M-1 Industrial District and reviewed for approval by the Plan Commission of the City of Ferguson.

(Ord. No. 2019-3666, § 6, 7-23-19; Ord. No. 2020-3672, § 6, 2-25-20)

No building shall be constructed, altered or used for a Medical Marijuana Cultivation Facility without complying with the following regulations of the M-1 Industrial and R-1D Residential Districts or the City Code of Ferguson, Missouri.

A.

Distance Requirement. No Medical Marijuana Cultivation Facility shall be located within Three hundred (300) feet of a then existing elementary or secondary school, state licensed child day-care center or church*. Measurements shall be consistent with the city's existing liquor license 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.

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 razor wire fence no higher than eight (8) feet tall, except in the R1-D residential District, wherein the maximum fence height may be six (6) feet tall.

i.

No razor wire fence will be allowed in R1-D Residential.

ii.

All cultivation facilities in R1-D Residential must be indoors in a secured facility.

C.

Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any Medical Marijuana Cultivation Facility during regular business hours.

D.

Hours of Operation. All Medical Marijuana Cultivation Facilities shall be closed to the public, between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

E.

Display of Licenses Required. The Medical Marijuana Cultivation Facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.

F.

Site Plan Review Required. Any plans for an indoor "Medical Marijuana Cultivation Facility" shall meet the standard new construction requirements of the Building and fire code of the City of Ferguson. Any outdoor "Medical Marijuana Cultivation Facility" located within the R1-D Residential District shall additionally require a Special Use Permit and subject to the Special Use requirements for Agritourism and Urban Agriculture.

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