It shall be the duty of the Director of Public Works to enforce this chapter. Appeal from the decision of the Director of Public Works may be made to the Board of Adjustment.

Each application for a building permit shall be accompanied by a survey prepared by a licensed surveyor and a site plan in duplicate and in a form and size suitable for permanent filing. A record of the applications, surveys and site plans shall be kept in the office of the Director of Public Works.

21.31.

Subsequent to the effective date of this chapter, no change in the use of occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Director of Public Works. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter and all other applicable codes.

21.32.

No permit for the excavation for, or the erection or alteration of, any building shall be issued before the application has been made for a certificate of occupancy and no building or premises shall be occupied until that certificate and permit are issued.

21.33.

A record of all certificates of occupancy shall be kept on file in the office of the Director of Public Works, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy.

21.34.

A certificate of occupancy shall be required of all non- conforming uses of land or buildings created by the passage of this chapter. Application for such certificates of occupancy for nonconforming uses shall be filed with the Director of Public Works by the owner or lessee of the land or building occupied by such nonconforming use within two years from the effective date of this chapter. It shall be the duty of the Director of Public Works to issue a certificate of occupancy for a nonconforming use upon the filing of an application for the same.

Applications for a grading permit shall be submitted to the Director of Public Works in accordance with Article X of Chapter 7 of the Ferguson City Code.

Any owner of property wanting to construct a fence in any required front, rear or side yard as authorized by this chapter shall first file with the Director of Public Works an application which shall be accompanied by a plan for permanent filing. Where fences herein authorized in side and rear yards, and ornamental fences are authorized in front yards, a plan with specifications for the fence shall accompany the application and such plans and specifications must be approved by the Director of Public Works or his agent. The plans and specifications shall set forth in sufficient detail the location of the fence on the property of the applicant or owner, the composition of the fence, the depth and means of anchorage and the type of columns or imbedded vertical supports to be used, height of fence at its highest point, and distance between imbedded vertical supports or columns.

21.61.

Temporary Outdoor Displays. The Director of Public Works may permit the temporary outdoor display of merchandise based on the following criteria:

The merchandise shall not be located in a right-of-way or on any other public property.

The area dedicated to the temporary display of merchandise shall not occupy more than five parking spaces or ten percent of the parking spaces available on the site, whichever figure is lower.

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

The merchandise shall not be displayed on site for a period exceeding fifteen days. No premises shall be issued more than four (4) permits for temporary outdoor displays during any calendar year; and there shall be a minimum of thirty (30) days between the issuance of any permit provided for herein.

The area covered by the merchandise shall not exceed ten percent of the gross floor area of the principal building on the site.

21.62.

Temporary Seasonal Displays and Sales. The temporary display and/or sale of seasonal, grand opening, or special promotional merchandise may be approved by the Director of Public Works subsequent to the submittal and approval of an application for such display and/or sale. Such temporary display and/or sale may include, but is not limited to, Christmas tree sales, pumpkins sales, and displays and/or sales of other similar merchandise. Such merchandise may be displayed in the open or under a temporary tent, awning, or similar device. The permit approval will be conditioned on a demonstration by the applicant that such temporary seasonal display and/or sale can satisfactorily conform to the following criteria:

The merchandise shall not be located in a right-of-way or on any other public property.

The area dedicated to the temporary display of merchandise shall not occupy more than five parking spaces or ten percent of the parking spaces available on the site, whichever figure is lower.

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by temporary barriers.

The merchandise shall not be displayed on site for a period exceeding thirty-five days. No premises shall be issued more than four (4) permits for temporary outdoor displays during any calendar year.

21.63.

Festivals. Festivals, circuses, street carnivals, sidewalk sales on sidewalks within a public right-of-way and similar events may be approved by the Director of Public Works subsequent to the submittal and approval of an application for a festival permit. Such festival shall be of limited duration and the public health, safety, and general welfare shall be maintained throughout the course of the event. The permit approval will be conditioned on a demonstration by the applicant that such festival can satisfactorily conform to the following criteria:

Special considerations shall be required for any activity occurring in a public right-of-way.

The area dedicated to the festival shall not occupy more than five parking spaces or ten percent of the parking spaces available on the site, whichever figure is lower, unless arrangements for additional parking on-site, or within 500 feet of the site, are specifically outlined by the applicant.

The festival shall not exceed a period of ten days. Festivals occurring within a public right-of-way shall be limited to four or fewer days.

Festivals occurring in a public right-of-way shall be approved only after review by the Director of Public Works with comments by the Police Chief and Fire Chief.

21.64.

Temporary Vendors. The Director of Public Works may permit a temporary vendor based on the following criteria:

No merchandise, equipment, or materials shall be located on a public sidewalk, street, right-of-way, or any other public property.

No temporary vendor shall operate, conduct business, or have merchandise, equipment, or other materials visibly present on the property before 10:00 a.m. and after 10:00 p.m.

Temporary vendors shall not sell alcohol.

The area dedicated to the temporary vendor shall not occupy more than two parking spaces or 200 square feet; provided that no vendor shall occupy any designated parking spaces for the disabled.

Temporary vendor merchandise, equipment and other materials shall be arranged in such a manner that vehicular and pedestrian traffic is not impeded.

No permanent improvements shall be constructed or installed on the site to accommodate the temporary vendor.

The temporary vendor shall comply with all applicable local, city, and state ordinances and other laws and regulations, and shall not cause any nuisance or allow the presence of any deleterious condition.

The Director of Public Works shall consider the seasonal nature of the business and establish a valid length of time for the permit. No permit shall be issued for a period longer than one (1) year.

There shall only be one (1) temporary vendor permit issued per property.

The vendor shall obtain an appropriate business license from the City.

Temporary vendor permits shall be limited to five (5) permits in either the DB-1 or DB-2 Districts at any time, and there shall only be one (1) temporary vendor permit issued per business license. For purposes of the numerical limitations set forth herein, complete, appropriate applications shall be considered in the order in which they are received. Once a vendor has been granted a temporary vendor license, the licensee's application for renewal shall take priority and will be considered before other applications are considered.

The temporary vendor shall have a City approved push cart, manufactured and designed for the vendor's product. The push cart shall be non-motorized and shall be capable of movement by hand only, and maintained in such a manner to ensure goods and/or products are in healthy and sanitary condition.

The owner of the property and the temporary vendor shall sign the application for the permit.

Any permit issued pursuant to this section shall be subject to suspension, revocation or other discipline under the same procedures applicable to City business license.

(Ord. No. 94-2694, 3-8-94)

Permanent outdoor display space may be approved, after review, by the Director of Public Works for businesses which customarily have outdoor displays as an accessory use and which are engaged in the retail sale of new merchandise. Such approval may be given subject to meeting the following criteria:

1.

The merchandise shall not be located in a right-of-way or on any other public property.

2.

The area dedicated to the display of merchandise shall not occupy any of the site's required parking spaces.

3.

Merchandise may be displayed on a sidewalk which is not located within a public right-of-way provided that the area of the sidewalk available for pedestrian circulation shall not be reduced to less than five feet in width. This width shall be measured on a line perpendicular to the edge of the curb.

4.

The merchandise must be arranged such that vehicular and pedestrian circulation is not impeded and the merchandise is physically separated from circulation aisles by barriers.

5.

The area covered by the merchandise shall not exceed ten percent of the gross floor area of the principal building on the site.