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Maryville City Zoning Code

SUPPLEMENTARY USE

AND BULK REGULATIONS

§ 156.045 FENCES, WALLS AND HEDGES.

   Fences, walls or hedges used for any purpose shall in all districts conform to the following:
   (A)   For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than two feet above the adjacent top of the curb elevation shall not be permitted to be planted, placed or erected on any corner lot within the triangular portion of land designated as “restricted area” in Appendix A, Figure 1.
   (B)   No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected or maintained except in agricultural districts.
   (C)   No permanent fence or retaining wall shall be constructed or erected within any public street or alley right-of-way unless authorized by the Village Board. Fences erected on public easement or across ditches shall be so constructed that drainage shall not be obstructed and, in event of necessity for removal of such fence for maintenance or other purpose, removal and/or replacement of such fence or other improvement shall be the responsibility of the property owner.
   (D)   Fences, walls and hedges in any district may be located on lot lines, provided such fences, walls and hedges shall not exceed six feet in height and shall be subject to the minimum yard height and shall be subject to the minimum yard requirements of the district in which they are located.
   (E)   Any fences, walls and hedges located on or within the lot lines of the front yard shall not exceed four feet in height. Front yard shall be determined as all lot area extending beyond the front of the house.
(`92 Code, § 40-3-1) (Ord. 87-13, passed 10-7-87)

§ 156.046 LIGHTING CONTROLS.

   Any light used for the illumination of signs, parking area, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorists.
(`92 Code, § 40-3-2)

§ 156.047 PARKING, OFF-STREET; ACCESS TO LOTS.

   (A)   Location of parking lots. Parking areas whether opened or enclosed shall be provided upon the same lot containing the use for which they are required, or on separate lots as follows:
      (1)   Within a 200 foot radius in all residential and B-1 Community Business Districts.
      (2)   Within a 500 foot radius in A - Agricultural and B-2 General Business District.
      (3)   Such separate lots shall be classified as “parking lots” or “parking garages” in determining whether they are permitted in a particular district.
      (4)   Such separate lots and the lot containing the use for which they are required shall be held under unified ownership or controlled as required for a lot.
   (B)   Space requirements. Each off street parking space shall not be less than 9 feet wide, 19 feet long.
   (C)   Access ways.
      (1)   Unobstructed and direct access ways shall be provided from off street parking to a street or alley, which access ways shall have a minimum width of at least eight feet to a private garage, and ten feet to a parking lot. The alignments of access ways shall intersect the abutting street lines approximately at right angles (variations not to exceed 20 degrees).
      (2)   All parking aisles and parking spaces shall be entirely within the lot lines, and not on a public right-of-way. Parking spaces shall be so arranged that no part of any vehicle overhangs the public right-of-way. Parking aisles for two-way traffic shall be a minimum of 22 feet wide for 90 degree parking, 18 feet wide for 60 degree parking (one-way) and 16 feet wide for 45 degree parking (one-way).
      (3)   All parking areas and driveways in the MR-2, B-1, and B-2 Districts shall be properly drained and paved with an all weather surface consisting of concrete or hot mix or warm mix asphalt paving.
      (4)   Required open or enclosed parking areas in any A, SR, and MR Districts shall not be located in any required front yard or required side yard adjacent to a street. Where off-street parking is provided between any building and a street, in order to accommodate pedestrian and vehicular traffic the building shall be set back at least 50 feet from the lot.
      (5)   No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this chapter shall be included as a part of an off-street parking space similarly required for another building or use.
(`92 Code, § 40-3-3) (Am. Ord. 2011-35, passed 12-7-11)

§ 156.048 SWIMMING POOLS.

   No public or private swimming pool in any district shall be located in any required front yard; however, if not more than 6 feet in height, such use may be located in any required side or rear yard, but not closer than ten feet to a side lot line adjacent to a street, and subject to the provisions of § 156.045.
(`92 Code, § 40-3-4)

§ 156.049 SIGNS; GENERAL REGULATIONS.

   All signs hereafter constructed, corrected, painted, or otherwise established, moved, altered, or changed within the limits of the village or the adjacent area designated on the zoning district map, shall comply with the following regulations and with § 156.023(E) (area and bulk schedule), except that repair and/or maintenance of lawful, nonconforming signs shall be in accordance with the regulations set forth in § 156.143:
   (A)   Sign regulations of this chapter shall not apply to governmental signs including traffic signs which are erected and intended for public information, direction, safety or control purposes, and no sign in any district shall conflict in any manner with the clear and obvious appearance of public devices controlling public traffic.
   (B)   No moving sign (a sign with moving parts) or signs with varying intermittent lighting intensity shall be permitted in any street.
   (C)   No free-standing sign shall exceed 35 feet in height.
   (D)   The type of signs permitted are hereby classified according to construction and location on the lot as follows:
      (1)   Class 1 - Free Standing Sign;
      (2)   Class 2 - Projecting Sign;
      (3)   Class 3 - Roof Sign;
      (4)   Class 4 - Wall Sign;
      (5)   Class 5 - Combination Sign;
      (6)   Class 6 - Portable Sign.
   (E)   In any subdivision for which a plat has been filed for approval by the village, non-illuminated subdivision signs may be erected subject to the following requirements:
      (1)   Not more than two such signs shall be permitted for any subdivision held in single or common ownership.
      (2)   The total area of any such sign shall not exceed 100 square feet. Said subdivision sign or signs may be displayed for a period of time not to exceed two years from the date of issuance of the permit for the first building in the subdivision or the duration of the project, whichever is less, unless an extension for a specific additional period of time is granted by the Board of Zoning Appeals.
   (F)   In the B-1 Community Business District the following additional sign regulations shall apply:
      (1)   The total surface area of all signs shall be limited to two square feet of sign (or total signs) for each linear foot of front width of business building or business units, or one square foot of sign for each linear foot of lot frontage, whichever is greater; provided that the total surface area of any one sign shall not exceed 100 square feet. Only one side of a business building facing a street shall be considered to be the front.
      (2)   On buildings including more than one business, the front width of each individual business unit shall be used to determine the maximum sign area for the business.
      (3)   Projecting signs shall not project more than four feet from the principal building.
      (4)   No sign shall project more than five feet above the highest point of the roof structure of the building to which it is attached.
      (5)   Signs may project up to six feet into any public right-of-way, street or alley; however, in no case shall any sign project into that part of any public right-of-way intended or designed for traffic
circulation or parking. Any such projection shall only be permitted above a height of ten feet. In the event widening of the street or alley necessitates removal of any sign, said removal and/or replacement shall be the responsibility of the property owner.
      (6)   In no instance will a single business be allowed two pole signs, two ground signs, or two roof signs, nor more than two types of permanent signs.
   (G)   In the B-2 General Business District the following additional regulations shall apply:
      (1)   The surface areas of all projecting, free standing, wall, combination, or roof signs shall not be greater than two square feet for each linear foot of front width of business building or business unit, or 1 square feet for each linear foot of lot frontage, whichever is greater; provided that the maximum total surface area for one sign shall not exceed 100 square feet. However, the maximum permitted surface areas for any one of the aforementioned signs may be increased by one square foot for each two linear feet that the sign or signs are setback from the required setback line, up to a maximum of 100 square feet of sign area. Only the setback from one street and/or setback line shall be permitted for this increase.
      (2)   No point on any sign shall project more than five feet above the highest point of the roof structure of the building to which it is attached.
      (3)   No free-standing sign with a sign area less than ten feet above the adjacent ground level or whose supports shall obstruct motorist’s vision shall be set nearer to the lot line adjacent to a street than the required minimum setback for the principal building.
      (4)   Projecting signs and marquees shall not project more than eight feet from the principal building. Signs may project up to six feet into any public right-of-way, street or alley; however, in no case shall any sign project into that part of any public right-of way intended or designed for traffic circulation or parking. Any such projection shall only be permitted above a height of ten feet. In the event widening of the street or alley necessitates removal of any sign, said removal and/or replacement shall be the responsibility of the property owner.
      (5)   Professional parks, shopping centers, and multiple occupancy buildings shall be allowed only one portable sign and either one pole sign, or one ground sign which may be used by one or all of the tenants therein. Tenants of professional parks, shopping centers, and multiple occupancy buildings shall be allowed either a wall sign or a projecting sign.
   (H)   Temporary signs shall not remain in place for a period of more than 30 days except that the Building and Zoning Administrator may extend the time period for an additional 30 days. Any further time extension shall thereafter be applied for through the Board of Zoning Appeals and the Board may grant such time extension as seems reasonable and necessary.
   (I)   Advertising signs and billboards shall not be permitted in any zoning district.
   (J)   One portable sign shall be allowed for each licensed place of business. Said sign shall not exceed 40 square feet.
   (K)   Maintenance of signs:
      (1)   Signs shall be kept in good repair, including painted or otherwise finished surfaces, and supporting structures shall be kept in upright condition.
      (2)   The Building and Zoning Administrator shall order the removal at the expense of the property owner any sign which is not constructed or maintained in accordance with the provisions of this chapter.
(`92 Code, § 40-3-5) (Ord. 88-3, passed 3-16-88)

§ 156.050 CHURCHES AND PLACES OF FORMAL WORSHIP.

   In any district where churches are permitted, the following additional requirements shall be met:
   (A)   For each 75 seats (where benches are provided, each 24 inches of said bench shall constitute a seat) or fraction thereof (not including Sunday School accommodations), the site shall contain at least acre of land.
   (B)   Each principal building shall be located at least 25 feet from all property lines.
(`92 Code, § 40-3-6)

§ 156.051 GARAGES, REPAIR.

   In repair garages, all work, servicing, storage of parts and equipment and the dismantling of vehicles shall be done completely within an enclosed building, or shall be enclosed by a solid fence at least six feet in height.
(`92 Code, § 40-3-7)

§ 156.052 GASOLINE SERVICE STATIONS.

   In districts where gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements:
   (A)   All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least 20 feet from any street right-of-way line.
   (B)   All fuel and oil storage, pumps or other such fuel or lubricant dispensing devices shall be located at least 20 feet from any side or rear lot line.
   (C)   No access drive shall be within 200 feet of a fire station, school, public library, church, park, playground, or other public assembly place.
   (D)   No access or drive shall be within 20 feet of any corner formed by the intersection of the rights- of-way of two streets. On a corner where a traffic signal or stop sign exists, such entrance or exit shall be located at such distance and such manner so as not to cause or increase traffic hazard or undue congestion.
   (E)   A permanent curb of at least four inches in height shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.
   (F)   All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within, or immediately adjacent to the principal building.
(`92 Code, § 40-3-8)

§ 156.053 RECREATIONAL VEHICLES, BOATS, AND/OR TRAILERS.

   (A)   Parking and storage restrictions. 
      (1)   No more than two recreational vehicles, boats, camping trailers, horse trailers, car trailers, or other motorhomes or trailers conforming to the size restriction set forth in division (B) below may be parked or stored in the open on a lot in a residential district.
      (2)   Any recreational vehicle, boat, camping trailer, horse trailer or other motorhome or trailer located on the side yard of a residence must be parked or stored on an impervious surface consisting of asphalt or concrete designed to support the full weight of the recreational vehicle, boat or trailer. No more than one such vehicle, boat, camping trailer, horse trailer, car trailer or other motorhome or trailer shall be parked in a side yard and may not extend beyond the front edge of the home. All such vehicles or trailers parked in the rear yard need not be parked or stored on an impervious surface but shall be parked or stored in a safe manner posing no potential threat of overturning and the yard shall be maintained and mowed.
      (3)   All recreational vehicles, boats, camping trailers, horse trailers, car trailers or other motorhomes or trailers may be parked or stored only on the side yard of the home nearest the garage or in the rear yard of the residence. No recreational vehicles, boats, camping trailers, horse trailers, car trailers or other motorhomes or trailers may be parked or stored in the front yard or driveway. All parking areas constructed must comply with all building set back lines. If any parking area is constructed on a public easement or right-of-way it is subject to being removed at the lot owner’s expense. The lot owner shall construct a solid fence of wood or plastic construction along the perimeter of the parking area at least four feet in height but not greater than six feet in height.
      (4)   The recreational vehicle shall be operational and moved from its location at least one time during the year. If the village believes that it is not operational or has not been operational then the lot owner may be required to demonstrate that the recreational vehicle is operational. If it is not operational then it shall be considered a derelict vehicle and shall be removed from the property.
      (5)   The lot owner shall be allowed to temporarily park a recreational vehicle, boat, camping trailer, horse trailer, car trailer or other motorhome or trailer in the front driveway for the purpose of cleaning, maintaining, loading, unloading, charging the battery or other routine maintenance work, provided that the recreational vehicle, boat or trailer is not parked in the front driveway for more than 24 hours.
   (B)   Size restrictions. In all residential districts the maximum permitted size of any recreational vehicle, boat, camping trailer, horse trailer, car trailer or other motorhome or trailer shall not exceed 13 feet in height or exceed 32 feet in length.
   (C)   Visitors or guests; temporary permit. Residents who have visitors from out of town shall obtain a permit from the village Building and Zoning Administrator allowing the resident to temporarily part a recreational vehicle, boat or trailer on an approved impervious surface for a temporary occupancy period not to exceed one week. The permit shall be displayed in the front window of the recreational vehicle or the neck of the trailer including boat trailers. No permit shall be issued more than three times per year for any resident. In the event a permit is not issued, the resident shall not allow the recreational vehicle, boat or trailer to be parked on the property.
   (D)   No preemption, amendment or modification of subdivision covenants and restrictions. Nothing contained herein shall be construed as preempting, amending, modifying or superseding any subdivision or neighborhood restrictive covenants regulating the parking, storing, allowance or disallowance of recreational vehicles, motorhomes, boats, camping trailers, horse trailers or any other trailer of any type. The village recognizes that many subdivisions and neighborhoods may have covenants, restrictions or regulations that prohibit or more strictly regulate the parking and storage of recreational vehicles or trailers and the village has no intent or desire to interfere with those restrictions, regulations or prohibitions.
(`92 Code, §40-3-9) (Am. Ord. 2005-38, passed 8-3-05)
Cross-reference:
   Abandoned and inoperable vehicles, see Chapter 90

§ 156.054 PUBLIC BUILDINGS.

   In any district where municipally owned or other publicly owned buildings are permitted the following additional requirements shall be met:
   (A)   In any residential or agricultural district all municipal or other publicly owned buildings shall be located at least 25 feet from all property lines.
   (B)   In any residential or agricultural or business district there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side property line.
(`92 Code, § 40-3-10)

§ 156.055 PUBLIC UTILITY STATIONS; EXCHANGES; ESSENTIAL SERVICES.

   Electrical sub-stations, gas regulator stations or telephone exchange facilities in any residential or agricultural district shall be subject to the following regulations:
   (A)   No public office, repair or storage facilities shall be maintained in connection with such sub-stations or exchanges.
   (B)   The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.
   (C)   The area on which the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.
   (D)   Where all facilities and equipment are entirely within a completely enclosed building, the minimum lot may be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the two foot minimum rear yard.
   (E)   Where facilities or equipment are located outside the completely enclosed building, no such facilities or equipment shall be located closer than 15 feet to any side or rear lot line.
   (F)   If transformers are exposed, there shall be provided an enclosing fence or wall, at least six feet in height, and adequate to shield view and noise of the same and to screen from the outside view the handling of materials on the premises.
(`92 Code, § 40-3-11)

§ 156.056 SCHOOLS, PRIVATE AND PAROCHIAL.

   In any district where private or parochial schools are permitted, the following additional requirements shall be met:
   (A)   For each 100 students or fraction thereof, the site shall contain 1 acres of land.
   (B)   Each principal building shall be located at least 25 feet from all property lines.
(`92 Code, § 40-3-12)

§ 156.057 DRIVE-IN THEATERS.

   In any district where drive-in theaters are permitted, the establishment of such theaters shall be subject to the following requirements:
   (A)   Projection screens and parking areas shall not be closer than 50 feet from any street right-of-way line and not closer than 100 feet from any residential district boundary.
   (B)   The projection surface of motion picture screens shall not be visible from any major traffic street.
   (C)   Loudspeakers shall be limited to the individual type which are designed to be heard by the occupants of one car only.
   (D)   Entrances and exits shall connect only to major arterial or collector streets and shall be designed so as not unduly to interfere with or unnecessarily impede traffic flow.
   (E)   Entrance waiting space for cars shall be provided to accommodate not less than 5% of the theater’s parking capacity.
(`92 Code, § 40-3-13)

§ 156.058 NURSING HOMES.

   In any district where nursing homes are permitted, the following requirements shall be met:
   (A)   The minimum site for any nursing home shall be two acres; provided that for a nursing home containing more than 40 beds, the minimum site area shall be the greater of two acres or the number of acres determined by the following formula:
(# of beds) x (% of total floor area at ground level) =   Site Size in Acres
   2000
   (B)   All principal buildings shall be located at least 25 feet from all lot lines.
   (C)   The site shall have a least length and/or width dimensions of 200 feet.
(`92 Code, § 40-3-14)

§ 156.059 HOSPITALS AND SANITARIUMS.

   In any district where hospitals and sanitariums are permitted, the following additional requirements shall be met. The minimum site for any hospital or sanitarium shall be five acres; provided that for a hospital or sanitarium containing more than 50 beds, the minimum site shall be the greater of five acres, or the number of acres determined by the following formula:
(# of beds) x (% of total floor area at ground level) =   Site Size in Acres
      500
(`92 Code, § 40-3-15)

§ 156.060 NURSERY SCHOOLS.

   In any district where nursery schools are permitted, the following additional requirements shall be met:
   (A)   For each child, at least 50 square feet of floor space shall be provided in addition to that provided for sleeping purposes.
   (B)   For each child, at least 100 square feet of outdoor, enclosed (fenced) play area shall be provided.
(`92 Code, § 40-3-16)

§ 156.061 PLANT NURSERIES AND GREENHOUSES.

   In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following requirements:
   (A)   No fertilizer, compost, manure or other odor or dust producing substance shall be stored within 50 feet of any property line.
   (B)   Greenhouse heating plants shall be in an enclosed building and shall not be less than 50 feet from any property line.
   (C)   Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent residential properties.
(`92 Code, § 40-3-17)