A building or premises shall be used only for 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.

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

The following shall be allowable as accessory uses:

8.21.

Accessory building and uses including home occupations and private garages.

8.22.

Swimming pools shall be fenced in accordance with Section 20.4.

8.23.

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.

8.24.

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

8.25.

Accessory buildings may be located in a required rear yard provided that such buildings are set back a minimum of five feet from any side or rear lot lines, there is a minimum setback of ten feet between the main structure and accessory building, no more than two accessory buildings shall be allowed per lot, and the combined square footage of the accessory buildings does not exceed 30 percent of the required rear yard. In no case, however, shall the combined square footage of the two accessory buildings exceed 900 square feet.

(Ord. No. 94-2724, 7-26-94)

8.26.

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.

8.27.

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.

Agritourism. One or more lots or parcels of land two (2) acres or greater in size, that combines the primary elements and characteristics of urban agriculture, education, recreation, and tourism, while providing various experiences related to agriculture to visitors. These activities include but are not limited to farm stands, U-pick, farm stays (shall adhere to Bed and Breakfast Inns regulations), tours, farm classes, festivals, pumpkin patches, Christmas tree farms, seasonal events, youth camps and more.

(a)

Special Events: Uses and activities not directly associated with agriculture shall require Administrative Approval and Permit from the City and record of such shall be transmitted to the Police and Fire Departments. These events include weddings, concerts, movie nights, and other entertainment events. Special event activities shall be limited to Sunday through Thursday 7:00 a.m. to 8:00 p.m.; and Friday, Saturday, and Holidays 7:00 a.m. to 11:00 p.m.

All special events are subject to the noise standards to the Ferguson Municipal Code, Chapter 29 (Offenses), Section 29-92 (Noises Prohibited).

(b)

Parking: On-site parking shall be approved by the Plan Commission on a use basis, and upon careful analysis of available information and site plans. Parking may include gravel parking pads, and other designated pervious parking areas located within the farm. There shall be designated parking areas for employees and volunteers, to avoid parking shortages for the general public.

(c)

Agricultural Accessory Buildings: Accessory buildings and/or structures used in conjunction with any agricultural activities and/or agritourism shall not be located in front of the main structure (except for one (1) farm stand). Accessory buildings may be located in a required rear or side yards, provided that such buildings are set back a minimum of ten (10) feet from the rear/side lot lines. There shall also be a minimum setback of ten feet between the main structure and any accessory building. Plan Commission shall approve the number, location, and size of buildings, based upon a careful analysis of the proposed site plan.

(d)

Farm Stands: One (1) farm stand shall be allowed within the front yard setback, providing it does not obstruct and/or impede neighborhood traffic. Farm stands within the front yard setback shall be temporary, portable, and operated by the farm's owners and/or associates. All other farms stands shall be located behind the front building line of the main structure. Outside vendors are prohibited.

(e)

Signage: Plan Commission shall determine the adequate type, size, location, and number of signs, through the approval of a comprehensive sign plan. Plans shall include all proposed temporary and permanent signage.

(f)

Security fence and gates shall be approved by the Plan Commission on a use basis, and upon careful analysis of available information and site plans.

(g)

Lighting shall not bleed into residential properties and/or create any light pollution or nuisance to surrounding properties.

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)

No other Inn shall be located within 400 feet of the property line of an existing Bed and Breakfast Inn unless the site for the proposed inn is a minimum of one acre.

(l)

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

(m)

The owner/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.

(n)

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.

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 surrounding single-family uses.

Medical Cultivation Facility.

Schools and colleges, other than public.

Urban Agriculture based on the following criteria:

(a)

Shall be a minimal of two (2) acres in size.

(b)

Operating hours for Urban Agriculture activities (non motorized equipment) shall be restricted to between 7:00 a.m. and 8:00 p.m. (Except as otherwise provided for permitted special events.)

(c)

The use of power and motorized equipment shall be restricted to hours beginning at 7:00 a.m. and ending at 8:00 p.m. (Except as otherwise provided for permitted special events.)

(d)

Designed and maintained to minimize water, any chemical pesticide, fertilizer, or other waste from draining onto adjacent properties and/or entering the storm sewer.

(e)

Cultivated areas shall be setback a minimum of 10 feet from the property line.

(f)

Shall adhere to the regulations and standards of Chapter 6.0 of the Municipal Code if animals and/or livestock are kept on the property.

(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. 2008-3372, 9-30-08; Ord. No. 2008-3772, 9-30-08; Ord. No. 2009-3415, 12-8-09; Ord. No. 2015-3598, §§ 1, 2, 12-8-15; Ord. No. 2019-3666, § 2, 7-23-19; Ord. No. 2020-3672, § 3, 2-25-20)

See Section 26.0.

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

8.51.

Minimum depth of front yard: 30 feet.

8.52.

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.

8.53.

Minimum width of side yard: 8 feet.

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 Facility 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)

8.54.

Minimum aggregate width of side yard: 16 feet. However, where a lot of record existing at the time of passage of this chapter is 50 feet or less wide, the required side yards may be reduced to a width of not less than 10 percent of the width of the lot, but in no instance shall it be less than four feet.

8.55.

Minimum depth of rear yard: 30 feet.

8.56.

Minimum lot area per family: 7,500 square feet.

8.57.

Minimum width of lot: 60 feet measured at the required building line.

8.58.

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

Window and door awnings may project 30 inches into a required front yard; however, such awnings shall not extend more than one foot on either side of the window or door frame. Porch awnings may project six feet into a required front yard and may be braced; however, the covered space shall not be enclosed nor shall the porch awning exceed 80 percent of the width of the front of the house.

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

8.61.

The maximum height is 35 feet, or 2½ stories.

8.62.

Single family dwellings may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of this district, by not less than 10 feet, but they shall not exceed three stories in height.