Maryville City Zoning Code
ARTICLE III
District Regulations
Section 405.190 Uses Common to All Residential Zones.
[R.O. 2008 §405.190; Ord. No. 4984 §1, 6-10-1991]
The following use shall be common to all residential zones:
Group homes. No group home shall be located within two thousand five hundred (2,500) feet of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
Section 405.200 Principal Permitted Uses.
[R.O. 2008 §405.200; Ord. No. 4984 §1, 6-10-1991]
A.
The following uses are permitted in all residential zones subject to further restrictions or liberalizations which are imposed by a specific zone.
1.
Off-street parking shall be provided for all uses established in the residential zones.
2.
Only one (1) building for living purposes shall be permitted on one (1) zoning lot except as otherwise provided herein.
4.
Public, parochial and private schools and colleges offering courses of general instruction when located on sites of at least five (5) acres, and including convents, monasteries, dormitories and other related living structures when located on the same site as the school or college.
5.
Churches, synagogues, chapels and similar places of religious worship and instruction of a quiet nature when located in a substantial structure on not less than two (2) acres.
6.
Crop and tree farming but not including the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.
7.
Parks and recreation areas operated by the City or other political subdivision.
8.
Public and quasi-public buildings for cultural use.
10.
Day care centers when conducted or maintained within a school, place of religious worship or public or quasi-public building for educational, cultural or recreational use.
Section 405.210 Permitted Accessory Uses.
[R.O. 2008 §405.210; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5381 §1, 2-5-1996; Ord. No. 8577, 4-24-2023]
A.
Subject to further restrictions or liberalizations which are imposed by a specific zone, the following accessory uses are permitted in all residential zones:
1.
Each principal use is allowed no more than two (2) accessory use buildings:
2.
Subject to any other regulations or ordinances of the City, private swimming pools exclusively for the use of residents of the premises and their non-paying guests.
3.
The parking of one (1) unoccupied trailer or recreational vehicle designed for recreational use or similar self-propelled recreational vehicle within a building or in the open in a rear or side yard, subject to any permits required by law or ordinance and the following restrictions:
a.
On a corner lot no such trailer or self-propelled vehicle shall be parked closer than twenty-five (25) feet to the intersection of the right-of-way lines of the streets adjacent thereto; and
b.
No such trailer or self-propelled recreational vehicle shall be used as living quarters while so parked.
4.
The storage of one (1) pleasure boat on or off a trailer, within a building or in the open in a rear or side yard, except that no boat shall be so stored on a corner lot closer than twenty-five (25) feet to the intersection of the right-of-way lines of the streets adjacent thereto.
5.
Other accessory uses and structures customarily appurtenant to a permitted use.
B.
Portable Storage Containers.
1.
The maximum allowable area of a portable storage container located within a residential zoning district shall be one hundred sixty (160) square feet with no dimension exceeding twenty (20) feet.
2.
Not more than one (1) portable storage container shall be placed on any lot in a residential zoning district located within the City at one (1) time.
3.
A portable storage container shall be placed no closer than ten (10) feet to the front property line of the lot upon which it is located. A portable storage container shall comply with the side and rear lot setback requirements for structures in the zoning district within which it is located.
4.
Portable storage containers shall not, under any circumstances, be placed or unloaded on any street within the City.
C.
Permit Required.
1.
Prior to any portable storage container being placed on a lot within a residential zoning district, a valid temporary building permit shall have been obtained. No lot within a residential zoning district shall have located upon it any portable storage container for no more than sixty (60) days within any three hundred sixty-five (365) day period, except when there is a change of ownership or occupancy, and then a new permit period shall begin.
2.
A permit or an extension of a permit for the placement of a portable storage container on a given lot in a residential zoning district for more than thirty (30) says within a three hundred sixty-five (365) day period may be granted by the Public Works Director or his/her designee, provided the permit applicant has satisfactorily demonstrated that extenuating circumstances exist which justify the extension.
3.
Any permit issued under the provisions of the Section shall be valid from the date issuance for the period enumerated, only to the name and location specified on the permit, and is in no way transferable.
Section 405.220 "AG" Agricultural Zone.
[R.O. 2008 §405.220; Ord. No. 4984 §1, 6-10-1991]
A.
Purpose. This Zone is designed to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development in other uses pending proper timing for practical and economical provision of utilities, major streets, schools and other facilities so that reasonably compact development will occur and the fiscal integrity of the City preserved. A change of zoning from "AG" to any other classification shall be in accordance with planning practices established by the Commission.
B.
Principal Permitted Uses.
1.
The principal permitted uses common to all residential zones.
2.
Agricultural including the raising of field crops, horticulture, and animal husbandry subject to rules and regulations of the City and other ordinances, including kennels but excluding feed lots and poultry farms.
3.
Ranch and farm dwellings pertaining to agricultural operations.
4.
Riding academies.
5.
Recreational camps operated by public, charitable or religious organizations.
6.
Greenhouses.
C.
Permitted Accessory Uses.
1.
The permitted accessory uses common to all residential zones.
2.
Living quarters for persons regularly employed on the premises, but not including labor camps or dwellings for transient labor.
3.
Guest houses, not rented or otherwise conducted as a business.
4.
General home occupations.
5.
Offices incidental to and necessary for conducting a permitted use.
6.
Private garages, stables and barns, provided that structures for the shelter of animals shall be at least three hundred (300) feet distance from any residential building on a separate zoning lot.
D.
Space Limits.
1.
Minimum lot area — Ten (10) acres.
2.
Minimum width of lot — One hundred fifty (150) feet.
3.
Maximum height of building — Thirty-five (35) feet.
4.
Minimum front yard — Sixty (60) feet from the front lot line.
5.
Minimum rear yard — Thirty-five (35) feet.
6.
Minimum side yard — Twenty (20) feet.
7.
Minimum side yard on street side of corner — Sixty (60) feet from the side lot line.
8.
Maximum ground coverage including accessory buildings — Ten percent (10%).
Section 405.230 "R-1" Single-Family Residence Zone.
[R.O. 2008 §405.230; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5444 §1, 7-15-1996; Ord. No. 8848, 5-12-2025]
A.
The following requirements for uses shall exist in "R-1" Single-Family Residence Zones:
1.
No accessory rentals.
2.
Family Unit. Maximum of two (2) unrelated persons.
3.
Minimum Lot Size. Eight thousand eight hundred (8,800) square feet. Two (2) off-street parking spaces.
4.
Principal Permitted Uses. The principal permitted uses common to all residential zones.
6.
Space Limits.
a.
Two (2) acres for religious and cultural uses.
b.
Minimum Width Of Lot. Seventy-five (75) feet.
c.
Maximum Height Of Building. Thirty-five (35) feet.
d.
Minimum Front Yard. Twenty-five (25) feet.
e.
Minimum Rear Yard. Twenty-five (25) feet.
f.
Minimum Side Yard. Six (6) feet.
g.
Minimum Side Yard On Street Side Of Corner. Twenty-five (25) feet.
h.
Maximum Gross Floor Area Ratio. Three-tenths (0.3).
i.
Maximum Ground Coverage Including Accessory Buildings. Forty percent (40%).
j.
Minimum Street Frontage. A minimum street frontage of seventy-five (75) feet, except on the curve of curbed streets and cul-de-sacs, in which case the minimum street frontage shall be fifty (50) feet.
7.
No manufactured homes.
Section 405.240 "R-2" Single-Family and "R-2" Modified Residence Zones.
[R.O. 2008 §405.240; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5180 §1, 1-10-1994; Ord. No. 5444 §1, 7-15-1996; Ord. No. 8848, 5-12-2025]
A.
The following requirements for uses shall exist in "R-2" Single-Family and "R-2" Modified Residence Zones:
1.
General Provisions.
a.
Minimum Lot Size. Six thousand six hundred (6,600) square feet.
c.
Duplex Units. Duplex units are allowed only in the "R-2" Modified Zones as identified on the Official Zoning Map and not allowed in "R-2" Single-Family Residential Zones. Duplex units in the "R-2" Modified Zones are allowed only on open ground and in compliance with all other "R-2" ordinance requirements.
(1)
Off-Street Parking. Two (2) spaces per unit.
2.
Principal Permitted Uses. The principal permitted uses common to all residential zones.
4.
Space Limits.
a.
The permitted accessory uses common to all residential zones.
b.
Limited home occupations.
c.
Minimum Lot Area. Six thousand six hundred (6,600) square feet per dwelling unit for residential uses: One (1) acre for religious or cultural zone.
d.
Minimum Width Lot. Sixty-six (66) feet.
e.
Maximum Height Of Building. Thirty-five (35) feet.
f.
Minimum Front Yard. Twenty-five (25) feet.
g.
Minimum Rear Yard. Twenty-five (25) feet.
h.
Minimum Side Yard. Six (6) feet.
i.
Minimum Side Yard On Street Side Of Corner. Twenty (20) feet.
j.
Maximum Gross Floor Area Ratio. Three-tenths (0.3).
k.
Maximum Ground Coverage Including Accessory Buildings. Forty percent (40%).
l.
Minimum Street Frontage. A minimum street frontage of sixty-six (66) feet, except on the curve of curbed streets and cul-de-sacs, in which case the minimum street frontage shall be forty (40) feet.
5.
No manufactured homes.
Section 405.250 "R-3" Multi-Family Residence Zone.
[R.O. 2008 §405.250; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5444 §1, 7-15-1996]
A.
The following requirements for uses shall exist in "R-3" Multi-Family Residence Zones:
1.
Buffer zone.
3.
4.
Principal permitted use. The principal permitted uses common to all residential zones.
6.
Space limits.
a.
Minimum width of lot. Seventy-five (75) feet.
b.
Maximum height of building. Thirty-five (35) feet.
c.
Minimum front yard. Twenty-five (25) feet.
d.
Minimum rear yard. Twenty-five (25) feet.
e.
Minimum side yard. Six (6) feet.
f.
Minimum side yard on street side of corner lot. Fifteen (15) feet.
g.
Maximum gross floor area ratio. 0.5.
h.
Maximum ground coverage including accessory buildings. Fifty percent (50%).
i.
Minimum street frontage. A minimum street frontage of sixty-six (66) feet, except on the curve of curbed streets and cul-de-sacs, in which case the minimum street frontage shall be forty (40) feet.
Section 405.260 "R-4" Multi-Family Residence Zone.
[R.O. 2008 §405.260; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5444 §1, 7-15-1996; Ord. No. 6397 §1, 8-13-2001]
A.
The following requirements for uses shall exist in "R-4" Multi-Family Residence Districts:
1.
Duplex unit.
a.
Minimum lot size. Eight thousand (8,000) square feet.
b.
Family unit — studio and one (1) bedroom. Maximum two (2) unrelated persons.
c.
Two (2) or more bedrooms. Maximum four (4) unrelated persons.
d.
Off-street parking — studio and one (1) bedroom. Two (2) spaces per unit.
e.
Two (2) or more bedrooms. Three (3) spaces per unit.
2.
Three- and four-plex units.
a.
Minimum lot size. Eight thousand five hundred (8,500) square feet.
b.
Family unit — studio and one (1) bedroom. Maximum two (2) unrelated persons.
c.
Two (2) or more bedrooms. Maximum four (4) unrelated persons.
d.
Off-street parking — studio and one (1) bedroom. Two (2) spaces per unit.
e.
Two (2) or more bedrooms. Three (3) spaces per unit.
3.
Five-plex and above.
a.
Minimum lot size. Two thousand (2,000) square feet per unit.
b.
Family unit — studio and one (1) bedroom. Maximum two (2) unrelated persons.
c.
Two (2) or more bedrooms. Maximum four (4) unrelated persons.
d.
Off-street parking — studio and one (1) bedroom. Two (2) spaces per unit.
e.
Two (2) or more bedrooms. Three (3) spaces per unit.
6.
Space limits.
a.
Minimum lot area. Every dwelling hereafter erected shall be provided with a lot area per dwelling as follows:
(1)
One (1) dwelling unit. Minimum lot area six thousand six hundred (6,600) square feet.
(2)
Two (2) and three (3) dwelling units. Minimum lot area eight thousand (8,000) square feet.
(3)
Four (4) dwelling units. Minimum lot area two thousand (2,000) square feet.
(4)
Five (5) dwelling units. Minimum lot area two thousand (2,000) square feet.
(5)
More than five (5) dwelling units. Minimum lot area two thousand (2,000) square feet.
b.
Maximum height of building. Thirty-five (35) feet.
c.
Minimum front yard. Twenty-five (25) feet.
d.
Minimum rear yard. Twenty-five (25) feet.
e.
Minimum side yard. Six (6) feet for one (1) and two (2) story buildings, six (6) feet plus five (5) feet per story for each story over two (2).
f.
Minimum side yard on street side of corner. Fifteen (15) feet.
g.
Maximum gross floor area ratio. 0.5.
h.
Maximum ground coverage including accessory buildings. Fifty percent (50%).
i.
Minimum street frontage. A minimum street frontage of sixty-six (66) feet, except on the curve of curbed streets and cul-de-sacs, in which case the minimum street frontage shall be forty (40) feet.
Section 405.270 "C-O" Office Building District.
[R.O. 2008 §405.270; Ord. No. 4984 §1, 6-10-1991]
A.
Principal Permitted Uses. In District "C-O", no building, structure, land or premises shall be used, and no building of structure shall be hereafter erected, constructed, reconstructed, moved, or altered, except for one (1) or more the following uses:
B.
Performance Standards. No merchandise shall be handled or displayed except inside buildings and no equipment or vehicle other than motor passenger cars shall be stored outside a building in this District for more than twenty-four (24) hours in a thirty (30) day period. A pharmacy wherein retail sales only of prescription medicines, drugs, pharmaceuticals and orthopedic devices, customarily incident to the practice of medicine, and an optical dispensary wherein eye glasses, contact lenses and medicines, supplies and devices used in connection therewith, customarily incident to the practice of optometry, shall be allowed as accessory uses in office building provided, at least one (1) physician or optometrist occupies office within that building. No direct exterior entrance to the pharmacy or optical dispensary shall be permitted.
C.
Space Limits. In District "C-O", the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows:
D.
Parking Regulations. Four (4) off-street parking spaces shall be provided on the premises for each thousand (1,000) square feet of floor area.
E.
Noise Regulations. In no case shall the noise level exceed 40dB (A) at repeated intervals or for a sustained length of time measured at any point along the property line.
Section 405.280 "C-1" Restricted Business District.
[R.O. 2008 §405.280; Ord. No. 4984 §1, 6-10-1991; Ord. No. 8198, 7-8-2019; Ord. No. 8558, 3-13-2023]
A.
Principal Permitted Uses. In District "C-1," no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Shops and stores for sale at retail of foods and beverages for human consumption; soft goods such as clothing and shoes; drugs and cosmetics; furniture and appliances; printed materials; notions; hardware and paint; kitchenware; toys; and sporting goods; jewelry, gifts and novelties; flowers; tobacco products; photographic equipment; antiques; artist and hobby supplies; music supplies and medical supplies; bicycles; newspapers; books; stationery; office supplies; package liquor stores.
2.
Services such as professional offices; banks and savings and loan associations; insurance; barber and beauty shops; schools; optical shops; seamstress and tailoring; dry cleaning and laundry pick up or coin-operated dry cleaning operations classed as low hazard in the applicable codes; eating establishments; interior decorator; photographer; shoe repairs; clinics; small animal hospitals.
3.
Offices of all types, including post office, public or privately-owned utilities offices.
4.
Accessory uses customarily incident to the normal operation of the above uses, including parking lots as provided in this Chapter.
5.
Marijuana dispensary facilities.
B.
Performance Standards. The following standards shall not be exceeded by any use in this district:
1.
No wholesale sales shall be conducted.
2.
No merchandise or equipment shall be stored or displayed outside a building.
3.
All products shall be sold and all services rendered inside a building except that banks and savings and loan establishments may have drive-up or walk-up service.
4.
No smoke, radiation, vibration or concussion, heat or glare shall be produced that is toxic, caustic or obviously injurious to humans or property.
5.
Alcoholic beverages and cereal malt beverages shall not be sold for consumption on the premises except that places serving food for consumption inside the building may serve cereal malt beverages provided the wholesale cost of the cereal malt beverages sold does not exceed fifty percent (50%) of gross sales on an annual basis.
6.
In no case shall the noise level exceed 60dB (A) at repeated intervals or for a sustained length of time measured at any point along the property line.
C.
Space Limits. In District "C-1," the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted on any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed two (2) stories, no building or structure shall exceed forty-five (45) feet in height.
2.
Front Yard. A front yard of not less than fifteen (15) feet shall be provided for one- and two-story buildings, and a front yard of not less than fifteen (15) feet.
3.
Side Yard. For one- and two-story buildings no side yard is required except that where a side line of a lot in this district abuts the side line of a lot in a District "R-1" to "C-O" inclusive, a side yard shall then be provided the same as required in the district it abuts. A side yard of fifteen (15) feet shall also be provided on the street side of a corner lot containing a one- and two-story building.
4.
Rear Yard. No rear yard is required except that where a rear line of a lot in this district abuts upon land in Districts "R-1" to "C-O" inclusive, a rear yard of not less than ten (10) feet shall then be provided in this district.
D.
Parking Regulations. Four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area.
Section 405.290 "C-2" General Business District.
[R.O. 2008 §405.290; Ord. No. 4984 §1, 6-10-1991; Ord. No. 8197, 7-8-2019; Ord. No. 8299, 9-14-2020; Ord. No. 8547, 2-13-2023; Ord. No. 8847, 5-12-2025]
A.
Principal Permitted Uses. In District "C-2," no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Any use permitted in Districts "C-O" and "C-1."
2.
Shops and stores for the sale at retail or wholesale of department store merchandise, new automobiles and trucks, used car lots, automobile supplies, motorcycles, petroleum products (bulk plants not permitted), pets, hotel supplies.
3.
Services such as clubs, places where alcoholic beverages are consumed on the premises, a microbrewery, dry cleaning and laundries, appliance and small equipment repair, printing and publishing, custom maintenance and delivery services, radio and television broadcasting studios, public and private entertainment and recreation, charity and welfare services, vocational and trade schools, veterinarians, hotels, motels and motor hotels.
4.
Accessory uses customarily incident to the normal operation of these uses, including parking lots and signs as provided in this Chapter.
5.
Short-term rentals.
B.
Performance Standards.
1.
Drive-up or drive-in service may be provided where ready-to-eat food, including beverages, cereal malt beverages in any form, liquor and marijuana, with a minimum stacking distance of five (5) cars.
2.
Drive-throughs for dispensing liquor and cereal malt beverages in any form must provide for clear visibility of the consumer and be covered by cameras at all times by video camera monitoring and recording.
3.
No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.
4.
Automobiles, boats and trucks for sale may be stored or displayed outside a building. Other merchandise which may appropriately be displayed or stored outside a building shall be kept off the public sidewalks and streets, shall not reduce the capacity of a parking lot below that required by this Chapter, shall not occupy an area greater than twenty percent (20%) of ground floor area of the building.
5.
In no case shall the noise level exceed 60dB (A) at repeated intervals or for a sustained length of time measured at any point along the property line.
C.
Space Limits. In District "C-2," the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed three (3) stories in height. No building or structure shall exceed fifty (50) feet in height.
2.
Front Yard. No front yard is required in this district.
3.
Side Yard. No side yard is required in this district.
4.
Rear Yard. No rear yard is required except that where a rear line of a lot in this district abuts upon land in a District "R-1" to "C-O" inclusive, a rear yard of not less than ten (10) feet shall then be provided in this district.
D.
Parking Regulations. No off-street parking is required in the portion of this district bounded by Fifth, Vine, Second and Buchanan Streets. In all other areas, four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area.
Section 405.300 "C-3" Commercial District.
[R.O. 2008 §405.300; Ord. No. 4984 §1, 6-10-1991; Ord. No. 8299, 9-14-2020; Ord. No. 8847, 5-12-2025]
A.
Principal Permitted Uses. In District "C-3," no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Any use permitted in District "C-2."
2.
Shops, stores and yards for the sale at retail or wholesale, or the rental of such items as automotive equipment, trucks, trailers, boats, camping accessories, tools, farm machinery and supplies, building supplies, ice, lawn accessories.
3.
Services such as automobile repair and washing, farm machinery repair, pop bottling, miniature golf and commercial recreation, drive-in theaters, general repair and fix-it shops, frozen foods, including lockers, swimming pools.
4.
Nurseries and greenhouses, bakeries.
5.
Mini-storage or mini-warehouse facilities.
6.
Manufacture or assembly of products to be sold only at retail on the premises.
7.
Accessory uses customarily incident to the operation of these uses, including parking lots as provided in this Chapter.
B.
Performance Standards.
1.
Drive-up or drive-in service may be provided where ready-to-eat food, including beverages, cereal malt beverages in any form, liquor and marijuana, with a minimum stacking distance of five (5) cars.
2.
Drive-throughs for dispensing liquor and cereal malt beverages in any form must provide for clear visibility of the consumer and be covered by cameras at all times by video camera monitoring and recording.
3.
Any manufacturing or assembly of products shall be entirely within a totally enclosed building.
4.
No smoke, radiation, vibration or concussion, heat or glare shall be produced that is perceptible outside a building and no dust, fly ash or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.
5.
In no case shall the noise level exceed 60dB (A) at repeated intervals or for a sustained length of time measured at any point along the property lines.
6.
Automobiles and trucks for sale may be stored or displayed outside a building but not within fifteen (15) feet of a street line, nor within six (6) feet of a side or rear property line. Other merchandise which may appropriately be displayed outside a building shall be kept off public sidewalks and streets and shall not reduce the capacity of a parking lot below that is required by this Chapter.
7.
Mini-storage or mini-warehouse facilities shall be enclosed on the side and rear by a fence, wall, earthen berm, or combination of fencing and landscaping that shields all structures from view outside of any property line. Exterior building colors shall be of muted shades.
C.
Space Limits. In District "C-3," the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows:
1.
Height. Buildings or structures shall not exceed three (3) stories except buildings or structures shall not exceed one hundred forty-four (144) feet in height.
2.
Front Yard. Any building hereafter constructed and any vehicle parking, storage or display shall provide a front yard, the minimum depth of which shall be fifteen (15) feet.
3.
Side Yard. No side yard is required except that where a side line of a lot in this district abuts upon the side yard of a lot in a District "R-1" to "C-O" inclusive, a side yard shall then be provided the same as required in the district it abuts. Not less than fifteen (15) feet shall be provided on the street side of a corner lot for buildings up to three (3) stories in height. Buildings in excess of three (3) stories in height shall provide a side yard on the street side of a corner lot equal to half of the average height of the building above finished grade.
4.
Rear Yard. No rear yard required, except that when a rear lot line abuts a lot in a District "R-1" to "C-1" inclusive, a rear yard of not less than twenty (20) feet shall be provided.
D.
Parking Regulations. Four (4) off-street parking spaces shall be provided on the premises for each one thousand (1,000) square feet of floor area.
Section 405.310 "M-1" Light Industrial District.
[R.O. 2008 §405.310; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6707 §1, 11-8-2004; Ord. No. 8198, 7-8-2019; Ord. No. 8558, 3-13-2023; Ord. No. 8848, 5-12-2025]
A.
Principal Permitted Uses. In District "M-1," no building, structure, land or premises shall be used, no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
1.
Manufacturing, processing, fabrication, or assembling of any commodity except junk or salvage.
2.
Warehousing, wholesaling and storage of any commodity except junk or salvage.
3.
Freight terminals.
4.
Offices; laboratories.
5.
Public utility facilities.
6.
Restaurant and automatic food and beverage vending machines.
7.
Structures and uses clearly accessory and necessary to the normal operation of the above uses, including signs as herein provided.
8.
Recycling collection or processing facilities operating in accordance with all applicable ordinances.
9.
Marijuana cultivation facilities.
10.
Marijuana-infused products manufacturing facilities.
11.
Marijuana testing facilities.
12.
Storage facilities for marijuana dispensaries.
13.
Manufactured homes.
B.
Performance Standards.
1.
All operations shall be conducted within a fully enclosed building.
2.
All storage of materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible at eye level within three hundred (300) feet of the property line.
3.
No use shall be permitted or so operated as to produce or emit:
a.
Smoke or particular matter of a Number 1 or darker on the Ringelmann Chart.
b.
Dust, fly ash, radiation, gases, heat, glare, or other effects which are obviously injurious to humans at the property line.
c.
Vibration or concussion perceptible without instruments at the property line.
d.
In no case shall the noise level exceed 70dB (A) at repeated intervals or for a sustained length of time measured at any point along the property line.
e.
Industrial waste shall be such a quantity and nature as to not overburden the public sewage disposal facilities or to cause odor and unsanitary effects beyond the property line.
C.
Space Limits. In District "M-1," the height of buildings and the minimum dimensions of lots and yards shall be as follows:
1.
Height. No building shall exceed three (3) stories or fifty (50) feet in height. A structure other than a building may be erected to a height not to exceed one hundred (100) feet; provided, such structure is set back from all property lines a distance equal to or greater than its height.
2.
Front Yard. A front yard of not less than fifty (50) feet shall be provided in District "M-1."
3.
Side Yard. A side yard shall be provided on each side of a building or unit group of buildings, the total of which side yards shall be not less than forty (40) feet and no side yard shall be less than ten (10) feet. A side yard abutting a street in the case of a corner lot or a side yard abutting a zoned residential lot shall be not less than twenty (20) feet.
4.
Rear Yard. A rear yard of not less than fifteen (15) feet shall be provided.
D.
Parking And Loading. Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. Not less than one (1) space for each five hundred (500) square feet of floor area shall be provided. Each establishment shall also provide adequate loading space within a building or in a side or rear yard, in such a way that all storage, standing and maneuvering of trucks shall be off the public right-of-way. No portion of a parking area or loading space, except the necessary drives, shall be located closer than ten (10) feet to a public street. No portion of a paved area shall be closer than six (6) feet to a property line.
Section 405.320 "M-2" General Industrial District.
[R.O. 2008 §405.320; Ord. No. 4984 §1, 6-10-1991]
A.
In District "M-2", no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:
1.
Any use permitted in District "M-1".
2.
Any use permitted in District "C-3".
3.
Bakeries.
4.
Bottling works.
5.
Bus barns or lots.
6.
Carpenter, cabinet or pattern shops.
7.
Carpet cleaning establishments.
8.
Chemical laboratories not producing noxious fumes or odors.
9.
Cleaning, pressing and dyeing plants.
10.
Cold storage plants.
11.
Dog pounds and kennels if within an enclosed building.
12.
Electro-plating works.
13.
Freight terminals (rail or truck).
14.
Grain handling, processing and storage.
15.
Laundries.
16.
Lumber yards and concrete and asphalt mixing plants.
17.
Machine shops.
18.
Moving, transfer or storage plants.
19.
Plumbing and sheet metal shops.
20.
Railroad yards.
21.
Sales rooms, yards, and service for farm machinery, contractors' equipment and well supplies.
22.
Sign painting plants.
23.
Storage of materials and equipment outside a building provided such storage area is screened by a solid fence not less than six (6) feet in height.
24.
Any other use of an industrial nature after approval of the City Council following recommendation of the Planning and Zoning Commission.
C.
Space Limits. In District "M-2", the height of buildings, and minimum dimensions of lots and yards shall be as follows:
1.
Height. Buildings or structures shall not exceed fifty (50) feet and shall not exceed three (3) stories in height. A structure other than a building may be erected to a height not to exceed one hundred (100) feet provided such structure is set back from all property lines a distance equal to or greater than its height.
2.
Front yard. There shall be a front yard of not less than fifty (50) feet.
3.
Side yard. A side yard shall be provided on each side of a building or unit group of buildings, the total of which side yards shall be not less than forty (40) feet and no side yard shall be less than ten (10) feet. A side yard abutting a street in the case of a corner lot or a side yard abutting a zoned residential lot shall be not less than twenty (20) feet.
4.
Rear yard. There shall be a rear yard of not less than fifteen (15) feet.
D.
Parking And Loading Regulations. Each establishment shall provide sufficient off-street parking space for all employees, customers, visitors and others who may spend time at the establishment during working hours. Not less than one (1) space for each five hundred (500) square feet of floor area shall be provided. Each establishment shall also provide adequate loading space in such a manner that all storage, standing and maneuvering of trucks shall be off the public right-of-way. No portion of a parking area or loading space, except the necessary drives, shall be located closer than five (5) feet to a public street or other property line.
Section 405.325 Campus Town Overlay District.
[Ord. No. 7432 §2, 7-9-2012; Ord. No. 8197, 7-8-2019]
A.
The following requirements for uses shall exist in "CTO" Campus Town Overlay Districts:
1.
Purpose. This district is designed to encourage the development of rental residential adjacent to the Northwest Missouri State University campus and away from other predominantly single-family residential neighborhoods.
2.
Permitted Uses. Except as otherwise indicated in this Section, regulations, including permitted uses, required landscaping, parking, and signage shall be those permitted in the underlying base zoning.
a.
Short-Term Rentals.
3.
Family Unit. For this district a family unit shall be defined as no more than four (4) unrelated persons, unless otherwise modified through a short-term rental permit.
4.
Space Limits.
Regulators | 1-Family Detached | 1-Family Attached | Duplex | Multi-Family | Other Permitted Uses |
|---|---|---|---|---|---|
Site area per housing unit (square feet) | 6,600 | 5,000 | 4,000 | 2,500 | |
Minimum lot area | 6,600 | 5,000 | 8,000 | 10,000 | 6,600 |
Minimum lot width (feet) | 66 | 50 | 66 | 100 | 66 |
Minimum yard (feet) | |||||
Front yarda | 25 | 25 | 25 | 25 | 25 |
Side yard | 6 | 12 | 7 | 6b | 10 |
Street side yard | 15 | 15 | 15 | 15 | 15 |
Rear yard | 25 | 25 | 25 | 25 | 25 |
Maximum height | 35 | 35 | 35 | 35 | 35 |
Maximum building coverage | 50% | 50% | 50% | 50% | 50% |
Maximum impervious coverage | 70% | 70% | 70% | 70% | 70% |
a.
The required front yard setback is the larger of the average of the setback of adjacent structures to the property or the average of all properties on the blockface. An application for a building permit must include a calculation of these averages. The City Code Enforcement Officer may vary this requirement if he/she determines that a different setback is necessary to maintain the integrity of the blockface. This shall be accompanied by a written finding of fact stating the reasons for such determination.
b.
Six (6) feet for up to two-story buildings and an additional five (5) feet per story for each story over two (2).
5.
Off-Street Parking. One and twenty-five hundredths (1.25) off-street parking stalls for each bedroom is required and can be met through tandem parking on a paved driveway.
a.
Front Yard Parking. Parking in front yards shall be subject to the following:
(1)
All required parking in any residential district must be outside the required front yard.
(2)
No parking for any permitted use in any residential district, other than single-family detached, attached, or duplex units, may be located in the required front yard.
(3)
In any residential district, no single-family detached, attached or duplex shall have more than twenty-five percent (25%) of the front yard used for driveway and off-street parking purposes. However, this restriction shall not prohibit the construction of a twenty-foot-wide driveway or a driveway expansion immediately in front of and the minimum width reasonably necessary to provide access to a three- or four-car garage.
(4)
In any residential district, expansions of off-street parking areas in front yards shall be of a hard surface, i.e., paved concrete, asphalt, brick pavers, or equal.
Section 405.326 University Neighborhood Overlay District.
[Ord. No. 7432 §3, 7-9-2012]
A.
The following requirements for uses shall exist in "UNO" University Neighborhood Overlay Districts:
1.
Purpose. This district is designed to conserve predominantly single-family neighborhoods adjacent to Northwest Missouri State University by reducing the ability of conversion to multi-family use.
2.
Permitted uses. Except as otherwise indicated in this Section, regulations, including permitted uses, required landscaping, parking, and signage shall be those permitted in the underlying base zoning.
3.
Family unit. For the purposes of this district a family unit shall be defined as no more than two (2) unrelated individuals.
4.
Space limits.
Regulators | 1-Family Detached | 1-Family Attached | Duplex | Multifamily | Other Permitted Uses | |
|---|---|---|---|---|---|---|
Site area per housing unit (square feet) | 6,600 | 5,000 | 4,000 | 3,000 | ||
Minimum lot area | 6,600 | 5,000 | 8,000 | 10,000 | 6,600 | |
Minimum lot width (feet) | 66 | 50 | 66 | 100 | 66 | |
Minimum yard (feet) | ||||||
Front yardA | 25 | 25 | 25 | 25 | 25 | |
Side yard | 6 | 12 | 7 | 6B | 10 | |
Street side yard | 15 | 15 | 15 | 15 | 15 | |
Rear yard | 25 | 25 | 25 | 25 | 25 | |
Maximum height | 35 | 35 | 35 | 35 | 35 | |
Maximum building coverage | 50% | 50% | 50% | 50% | 50% | |
Maximum impervious coverage | 70% | 70% | 70% | 70% | 70% | |
A. | The required front yard setback is the larger of the average of the setback of adjacent structures to the property or the average of all properties on the blockface. An application for a building permit must include a calculation of these averages. The City Code Enforcement Officer may vary this requirement if he/she determines that a different setback is necessary to maintain the integrity of the blockface. This shall be accompanied by a written finding of fact stating the reasons for such determination. |
B. | Six (6) feet for up to two-story buildings and an additional five (5) feet per story for each story over two (2). |
5.
Off-street parking. Two (2) spaces per unit.
6.
Additional regulations.
a.
Permitted accessory uses. Accessory rentals are prohibited in this district.
b.
Multifamily development. New multifamily development must comply with the following dispersion requirements:
(1)
Any new multifamily development containing from three (3) to eight (8) residential units must be located at least 300 feet from any preexisting multifamily development.
(2)
Any new multifamily development containing from nine (9) to twelve (12) residential units must be located an additional thirty-five (35) feet for each additional unit over eight (8) from any preexisting multifamily development.
(3)
No new multifamily development shall exceed twelve (12) units.
Section 405.327 Downtown Overlay District.
[Ord. No. 8298, 9-14-2020]
A.
The following requirements for uses shall exist in "DTO" Downtown Overlay District:
1.
Purpose. The Downtown Overlay District enables the adoption of special performance and development standards in combination with site development regulations of a base district for areas located within and around downtown Maryville. The district recognizes the importance of the historic pattern of development within the downtown area and provides for its conservation. The district is intended to guide new construction, and to promote small-scale pedestrian-oriented development to service both the surrounding businesses and residential areas.
2.
Area Of Application.
a.
The Downtown Overlay District applies to an area within the City of Maryville's zoning jurisdiction that is generally bound on the north by Seventh Street, on the east by Vine Street, on the south by Jenkins Street, and on the west by Fillmore Street. The legal defined boundary of the Downtown Overlay District is outlined in Section 405.040.
b.
The provisions of the overlay district shall apply to all property with zoning classifications of "C-O," Office Building District, "C-1," Restricted Business District, "C-2," General Business District, "C-3," Commercial District.
c.
The provisions of the overlay district shall apply to all new development, redevelopment, additions, or enlargements on each lot or site.
3.
Permitted Uses. Except as otherwise indicated in this Section, regulations, including permitted uses, required landscaping, parking, and signage shall be those permitted in the underlying base zoning. All ground floor uses must be commercial or civic in nature and may not include residential use.
4.
Building Bulk Regulations.
a.
Building/Structure Height. No building or structure should exceed fifty (50) feet or three (3) stories.
b.
Maximum Site Coverage. There are no lot coverage requirements in this district except that a minimum of ten (10%) of the lot shall be landscaped green space. The City Manager, or his/her designee, may require additional landscaping in order to mitigate adverse conditions on surrounding property or may allow additional building lot coverage because of unique conditions of the parcel and such is compatible with surrounding areas. Those determinations shall be made on an individual basis as a part of site and plan review and approval.
c.
Building Placement Guidelines.
(1)
Locate buildings close to the street [within twenty-five (25) feet of the curb] with off-street parking behind and/or beside buildings.
(2)
If the building is located at a street intersection, place the main building, or part of the building at the corner. Parking, loading, or service should not be located at an intersection without review and approval of the City Manager, or his/her designee.
(3)
To maximize the street frontage of buildings and minimize the street frontage of parking lots, buildings should be articulated so that the long side fronts on the street.
5.
Setback Requirements.
a.
Front Yard. There is no minimum front yard setback requirement in the Downtown Overlay District.
b.
Side Yard. There are no minimum or maximum side yard setback provisions in this district except where a lot abuts a residential use, a side yard of at least five (5) feet shall be provided.
c.
Rear Yard. The required setback in the Downtown Overlay District is a minimum of fifteen (15) feet. Modifications to the required rear yard setback are permitted/required under the following conditions:
(1)
Where a corner lot exists and thereby two (2) front yards, the property line opposite to the front yard line with the greater street frontage shall be considered the side yard and the property line opposite to the front yard line with the lesser street frontage shall be considered the rear yard.
(2)
Outside stairways, tower balconies or fire escapes may project no more than five (5) feet beyond the face of the wall.
(3)
Roof eaves may project no more than three (3) feet beyond the face of the wall.
(4)
Window sills, bay windows, belt courses and similar architectural features, as well as rain leaders and chimneys, may project no more than two (2) feet beyond the face of the wall.
6.
General Building Design Guidelines.
a.
New buildings should strive for a contextual approach to design. A contextual design approach is not intended to necessarily mean a historic approach, but rather one that is sensitive to the surrounding urban, built, and natural conditions.
b.
Adjacent buildings should relate in similarity of scale, height, materials, and configuration.
c.
The adopted Downtown Design Guidelines (2019) should be used for reference in the design process.
7.
Facade Treatment Guidelines.
a.
The primary entrance shall be both architecturally and functionally designed on the front facade of the building facing the primary public street. Such entrances shall be designed to convey their prominence on the front facade.
b.
Buildings at street corners should be designed to address the corner, that is, to encourage the interest of drivers, pedestrians, and bicyclists at the intersection. Provide a building entry, additional building mass, and distinctive architectural elements at the corner.
c.
Use building massing, special architectural features, signage, and/or changes in the roofline to emphasize building entrances.
d.
The ground level of the building shall be designed to encourage pedestrian interest along sidewalks and paths. This includes windows, entrances, and architectural details. Signage, awnings, benches, and ornamentation are encouraged.
e.
Canopies and awnings should be canvas or similar material and may be permitted to encroach over a sidewalk to within two (2) feet of a public street curb.
8.
Materials.
a.
Materials shall express their function clearly and honestly, and shall not appear as materials that are foreign to the character of the rest of the building.
b.
Consistency Of Exterior Architectural Materials. Any building exterior elevation shall consist of architectural materials that are equal in quality, appearance, and detail to the other exterior elevations of the same structure.
c.
Unadorned Concrete Masonry Units, Corrugated And/Or Sheet Metal.
(1)
No portion of a building may be constructed of unadorned concrete masonry units, or corrugated and/or sheet metal.
(2)
Nothing in this Section shall preclude the use of architectural metal cladding, which may be incorporated into the overall building composition when used as an architectural accent and when found to meet the intent of this Section. Such architectural cladding will exhibit features, such as quality architectural materials, a natural or high-quality fluoropolymer finish, and concealed fasteners.
d.
Primary Building Materials.
(1)
Primary exterior building materials in the Storefront Zone shall be either brick or wood. Stucco may be used only as secondary building materials.
(2)
The use of primary building materials may not be feasible for redevelopment of certain structures due to existing conditions. Substitution of a portion or all of the primary building materials may be reviewed and approved by the City Manager, or his/her designee.
e.
Secondary Building Materials.
(1)
Stucco or materials similar in appearance or texture may be used in "voids" or reveals between brick building masses, but shall not constitute more than fifty percent (50%) of the area of the building facade.
(2)
Stucco or materials similar in appearance or texture may be used for details such as sills, lintels, and cornice features.
(3)
Cast or natural finish stone may be used as decorative detailing at the base or as lintels and/or sills or cornice features.
9.
Maintenance And Repair.
a.
Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Downtown Overlay District that does not involve a change in design, material, color, or exterior appearance thereof.
b.
Nor shall it be construed to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature that the Code Enforcement Officer or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.
10.
Parking Requirements.
a.
The parking requirements for each development shall be as approved by the City Manager, or his/her designee, in conjunction with site plan review and approval. Parking requirements shall be consistent with ordinance when possible, but will be reviewed and considered on an individual basis after evaluating existing conditions and space available. In cases where minimum parking requirements cannot be provided on site or a shared parking agreement cannot be acquired, the City Manager, or his/her designee, shall review a parking plan. The City Manager, or his/her designee, shall inform the City Council of the action taken on the parking plan.
b.
For businesses and residential uses that do not meet the City minimum on-site parking requirements, exemptions under Section 405.290(D), or have been provided a variance by the Board of Adjustment, a contribution of one thousand five hundred dollars ($1,500.00) per parking space below the minimum requirement shall be provided to the City. The funds gathered from these contributions will be used for the City to create or maintain public parking opportunities within the Downtown Overlay District.
11.
Screening Requirements. Screening shall be provided to obscure certain uses, or portions of a specific use, which by the scale or design represent a potential negative impact on adjacent properties. All screening materials shall be compatible or complementary of the primary structure and will be accomplished by the use of fences, walls, hedges, landscaping, earth berms, natural buffers, or any combination thereof, as reviewed and approved by the City Manager, or his/her designee.
a.
The following specific uses or features shall be screened from adjacent properties and from public view from any existing or proposed public street, regardless of their size, scale, or location on the site:
b.
In addition to the standards set forth in this Section, the following standards apply to all screening:
(1)
Minimum height of any screening shall be that which is sufficient to visually separate uses within the subject property from adjoining properties and streets.
(2)
Height of any screen materials on a corner is controlled by vehicular sight distance.
(3)
Plant material used for screening shall be of evergreen varieties and shall be at least six (6) feet in height and no farther apart than ten (10) feet apart when planted.
(4)
All screening must be maintained and replaced as required to stay in compliance.
12.
Outdoor Lighting Guidelines.
a.
Use low intensity of high-quality white light, which will provide good, uniform visibility while avoiding light pollutions.
b.
Cutoff fixtures are preferred because they are more efficient than non-cutoff fixtures at casting light on the sidewalk and avoiding light spillage and pollution.
c.
Use decorative bases, posts, luminaries and bollards in lieu of standard wood poles.
d.
A substantial amount of lighting for pedestrians should be provided from the storefronts using either indirect illumination from within a building or direct illumination under canopies and awnings.
13.
Site Landscaping Guidelines. The corners of street intersections, particularly gateways and site entries (entries from both street and sidewalk) should be distinguished by special landscape treatments: flower displays, specimen trees and shrubs, accent rocks, low walls, signage, decorative lighting, sculpture, architectural elements, and/or special paving. Features for vehicular entry points must meet sight triangle requirements.
14.
Pedestrian Zone Regulations. Improvements in the Pedestrian Zone are permitted to optimize the growth and income of retail business and restaurants by allowing and encouraging the use of portions of the public right-of-way between the curb and adjoining private property. These improvements will promote an environment that encourages pedestrian traffic.
a.
Permitted. Only those retail and restaurant businesses with ground floor access fronting onto the public right-of-way are permitted to place sidewalk signs, outdoor display or provide outdoor dining areas subject to the provisions of this Section.
b.
Permit(s) Required. Prior to installation of any improvement within the City's public right-of-way an encroachment permit shall be secured. This approval shall be limited to one (1) per year from the date of approval. The City may withhold re-issuance of this permit if pedestrian improvements have not been maintained in a safe or sanitary condition, if the business insurance policy not been maintained or acceptable to the City, or the City has responded to multiple complaints to the location of the pedestrian improvement in a one-year period.
c.
Liability Insurance. The business owner shall maintain a policy of liability insurance in the amount that is satisfactory to the City Manager in order to protect the City and property owner from any potential claims from the pedestrian improvements. The policy of liability shall be in an acceptable form to the City. Cancellation of a business insurance policy immediately voids the permit approval.
d.
Violation Of Standards. The business owner shall remove or relocate, at the business owner's expense, any pedestrian improvement, within twenty-four (24) hours after direct notice by the City. The City also has the authority to order that any pedestrian improvement be immediately removed or relocated to protect the life, health, and safety of the public.
e.
Location. The location of improvements is critical to the safety of the pedestrians within the Pedestrian Zone. The business owner, upon securing necessary approvals, shall adhere to the following locational criteria when placing improvements in the public right-of-way.
(1)
Pedestrian improvements shall not be placed so as to block or obstruct vehicular visibility areas, including but not limited to the twenty-five (25) foot visibility triangle required at the intersection of any two (2) streets and the ten (10) foot visibility area required at a driveway or alley intersecting a street. (Figure 1)
 |
(2)
Pedestrian improvements shall be placed so as to maintain a clear path of travel that has: (a) a minimum width of four (4) feet, (b) no more than thirty-degree (30°) changes of direction for travel along the sidewalk itself, and (c) no travel onto private property except for access to and egress from a specific business, area, or location. (Figure 2)
 |
(3)
Pedestrian improvements shall be placed no closer than two (2) feet to the front face of the curb.
(4)
Pedestrian improvements shall be placed as to not block or obstruct access to building entrances and exits, and street furniture, including but not limited to, bus benches, shelters, public utility boxes, and poles. (Figure 3)
 |
(5)
Pedestrian improvements shall be placed a minimum of five (5) feet from any public water facilities including fire hydrants and meter boxes or assemblies. (Figure 4)
(6)
Pedestrian improvements shall be placed a minimum of two (2) feet from any sewer lateral cleanout in the public sidewalk. (Figure 4)
 |
(7)
Pedestrian improvements shall not be attached to public utility boxes, poles, hydrants, or street furniture.
(8)
The public right-of-way shall not be painted, resurfaced, or raised.
f.
Exclusions. Pedestrian improvements do not include the installation of awnings, railings, and other permanent structures (except flower pots and flower boxes) in the public right-of-way.
15.
Outdoor Dining Area Standards. Outdoor dining areas are permitted to encourage a pedestrian environment that is interesting, unique, and interactive.
a.
General. Only those restaurant businesses fronting on the public right-of-way and located on the first floor may have outdoor dining areas. Dining seating may be placed only in the public right-of-way directly in front of the business storefront as long as they conform to the general requirements, standards, and conditions of the Pedestrian Zone. The following additional standards are required to establish outdoor dining areas.
(1)
The outdoor dining shall be located directly adjacent to the restaurant of food/beverage business.
(2)
The sale of alcoholic beverages in an outdoor dining area requires licensing by the Missouri Division of Alcohol and Tobacco Control. If a restaurant intends on serving alcohol in the outdoor dining area all requirements and improvements to satisfy licensing shall be shown on the submitted plans.
(3)
The hours of operation of the outdoor eating areas shall not exceed those of the primary use.
(4)
A minimum horizontal clearance of four (4) feet will be maintain on the sidewalk area to ensure than an adequate path of travel is provided.
(5)
An outdoor dining area may include the use of all the area in the public right-of-way adjacent to the business except that area required for clear path of travel or clear area adjacent to street furniture, such as benches or utility boxes and that area of public right-of-way within two (2) feet of the curb. (Figure 5)
 |
(6)
Tables and chairs shall be moveable, metal, wood, durable plastic, or other approved material, and must be in good condition and not require repair. Umbrellas must be in good condition, be fire-treated, and not require repair.
(7)
Permanent lighting complying with the City and accessibility standards and installed with electrical permits may be provided for the public right-of-way. The lighting shall be attached to the building.