Maryville City Zoning Code
ARTICLE II
Exceptions and Encroachments
Section 405.130 Height Exceptions.
[R.O. 2008 §405.130; Ord. No. 4984 §1, 6-10-1991]
A.
General Rule. Any structure hereafter erected or altered shall comply with the height limitations of the zone in which it is located except as specified below. However, no exception listed below shall exceed the height restrictions of an aircraft approach and turning zone.
B.
Appurtenances. The following appurtenances may exceed the prescribed height limit except when they would violate the height restrictions of an aircraft approach and turning zone, provided they are normally required for a use permitted in the zone in which they are erected or constructed: flagpoles, chimneys, cooling towers, elevator bulkheads, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and other necessary mechanical appurtenances and their protective housing; provided however, that any of the above except flagpoles and chimneys, when located in any zone with a height limit of forty (40) feet or less shall be allowed only upon finding of the Board of Adjustment that such appurtenances will not be unduly detrimental to the surrounding property.
C.
Public And Semi-Public Buildings. Public and semi-public buildings and structures such as hospitals, churches, sanitariums, schools and water reservoir towers may exceed the height limits of the zone in which they are located, provided that such buildings and structures shall provide at least one (1) additional foot of yard space on each side for each additional foot that such building or structure exceeds the specified height limit of the zone in which it is located and further provided, that a finding is made by the Board of Zoning Adjustment that such additional height will not be materially detrimental to surrounding property.
Section 405.140 Yard Space.
[R.O. 2008 §405.140; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6691 §§1 — 2, 9-27-2004; Ord. No. 8577, 4-24-2023]
A.
General Rule. Any building, structure or use hereafter erected, altered or established shall comply with the yard space requirements of the zone in which it is located except as specified below. The required yard space for any building, structure or use shall and such required yard space shall fall entirely upon land in a zone or zones which the principal use is permitted. Any required yard space shall be open from thirty (30) inches above the ground to the sky except as specified herein.
B.
Yard Space Encroachments.
1.
Eaves. Eaves, cornices and similar features may extend one (1) foot into a required yard space except that eaves may encroach three (3) feet into a yard space when such yard space is ten (10) feet or more in width.
2.
Chimneys. Chimneys, when not more than four (4) feet wide, may extend one (1) foot into any required yard space. Chimneys including those in excess of four (4) feet wide may extend two (2) feet into any yard space when such yard is ten (10) feet or more in width.
3.
Rear yard. Accessory buildings or structure shall be permitted to occupy a required yard with the following restrictions:
a.
No such accessory structure shall be greater than twenty (20) feet in height nor be closer than twenty (20) feet from any street line.
b.
An accessory structure may be constructed within two (2) feet of an inside lot line when the entire structure is within forty (40) feet of the rear property line, or on the rear half of a lot if the adjacent lot is built upon and the accessory building will be entirely to the rear of the line of any principal building on the said neighboring lot.
c.
Adjoining property owners may construct accessory buildings with party walls in lieu of the two (2) foot side yard, but in compliance with the general location rules of Subsection (B)(3)(b) above, provided such walls conform with the requirements of the Building Code and a finding is made by the Board of Adjustment that such party wall development will be appropriate to the topographic conditions and in harmony with the character of development of the neighborhood.
4.
Canopies. Canopies and overhangs on any side of a business building may extend four (4) feet into a required yard space. Signs mounted on the face of any such canopy or overhang shall not exceed eight (8) inches in height in any zone in which flat wall signs are specified. Canopies and awnings on a residential building may extend four (4) feet into any required side yard or seven (7) feet into any required front or rear yard when they are attached to and supported entirely by or from a wall of the building.
C.
Yard Space Exception — Steep Slopes. Automobile storage garages may be allowed within a required front or side yard when such garage will be entirely below the grade of the lot and after a finding by the Board of Zoning Adjustment that topographic conditions make such a location necessary, that such orientation will not create a hazard to automobile or pedestrian traffic in the street, and that such orientation will be in harmony with the character of development of the neighborhood.
Section 405.150 Lot Area Exception - Existing Platting.
[R.O. 2008 §405.150; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5352 §1, 10-16-1995]
A.
A dwelling may be built on any platted lot of record containing seventy-five percent (75%) of the required lot area for the district to which the lot is located if said lot was in separate ownership and separate control at the effective date of this Chapter (June 10, 1991) provided the front, side and rear yard requirements for the district in which the lot is located are met and provided dwellings are permitted in the district in which the lot of record is located. It is not the intention of this exception to allow buildings as a matter of right on a platted parcel which was never intended as a building site, but rather was numbered on a plat for identification purposes under a scheme in which multiple lots were intended to provide one (1) building site.
B.
If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage (June 10, 1991) or amendment of this Chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this Chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width requirements established by this Chapter, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this Chapter.
Section 405.160 Fences and Hedges.
[R.O. 2008 §405.160; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6109 §1, 8-24-1998]
A.
Corner Visibility. Except in zones allowing the construction of buildings or structures to the property line, there shall be provided an unobstructed view across the triangle formed by joining points measured a twenty (20) feet distance along the property line from the intersection of two (2) streets or fifteen (15) feet along both the street and alley line from the intersection of a street and an alley. Within said triangle there shall be no sight obscuring or partly obscuring wall, fence or foliage higher than thirty (30) inches above grade or in the case of trees, foliage lower than five (5) feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way.
B.
Other Than Corner. On portions of a lot not covered by street or alley intersection restrictions, the height of fences of any length and foliage continuous for five (5) feet or more shall be limited to forty-eight (48) inches on any street line and the front fifty (50) feet on any side lot line. On all other portions of lot lines, hedges and continuous foliage barriers may not exceed a height of eighty (80) inches.
C.
Within Building Lines. Fences and hedges erected within a portion of a zoning lot on which a principal building, but not an accessory building, may be erected may conform with height limits of buildings which may be erected on such lot, but shall be subject to any building code provisions which may be applicable.
D.
Measurement Rule. Heights of fences, hedges and other continuous foliage shall be measured from the adjacent top of the street curb, surface of an alley or the official established grade thereof, whichever is the higher. On inside lot lines, the measurement shall be from the average grade of the lot line of the parcel or property having the lower elevation.
E.
Exception — Board Of Zoning Adjustment. The Board of Zoning Adjustment may approve, or may direct as a condition for granting an appeal, that fences or plantings of a height in excess of these regulations be placed as shieldings between different uses, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.
Section 405.170 Street Width - Exceptions.
[R.O. 2008 §405.170; Ord. No. 4984 §1, 6-10-1991]
In general, on the east side of Main Street (Highway 71) City street rights-of-way tend to be wider than the average for the City as a whole (See Chapter 410, Subdivision Regulations). In such areas, development of property, where structures already exist and owners wish to extend terraces, patios, garages, eaves, and other such improvements, these improvements shall be allowed for front and rear yard areas, where they are in conformance with the rest of the neighborhood (block). Such additions or changes may be requested through a building permit and may be evaluated by the Building Official for conformance with neighborhood norms and where, in his/her opinion, this change would not interfere with the general condition of the neighborhood, it may be approved. Any person being denied a building permit for such improvements may appeal to the Board of Code of Appeals.
Section 405.180 Existing Half Lot.
[R.O. 2008 §405.180; Ord. No. 4984 §1, 6-10-1991]
A problem exists that on a half lot situation property owners should be allowed to demolish existing structures on said lot and reconstruct a new building in conformity with this Chapter and all appropriate building codes. Said reconstruction shall not exceed the previous level of non-conformity for space requirements. Property owners seeking to utilize this Section of the Code, must apply for an appropriate demolition permit and building permits. If denied by the Building Official, the property owner may seek a hearing with the Board of Code of Appeals.