Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-203 Board of zoning appeals; planning department, downtown design review board and municipal planning commission basic powers, functions and procedures.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-203 : Board of zoning appeals; planning department, downtown design review board and municipal planning commission basic powers, functions and procedures.

  1. Establishment, terms, removal and replacement.
    1. The Board of Zoning Appeals (BZA) shall consist of five (5) members and is established in accordance with Tennessee Code Annotated, § 13-7-205. Members of the board may also be members of the planning commission, design review board or historic zoning commission, but none are required to be. All members shall be appointed by the mayor and confirmed by a majority vote of the city council.
    2. All board of zoning appeals members shall reside within the corporate limits of the City of Maryville. Board of zoning appeals members shall serve for four (4) years staggered terms. BZA members who are also members of other appointed boards or commissions (if any) shall serve terms which are coterminous with their other appointments. Members may continue to serve until their successors have been appointed. Any vacancy shall be filled for any unexpired term by an appointment by the mayor with confirmation by the city council.
    3. Members may be reappointed to successive terms without limitation.
    4. Board of zoning appeals members may be removed by the mayor at any time for failure to attend three (3) consecutive meetings or for failure to attend twenty-five percent (25%) or more of the meetings within any twelve (12) month period, or for any other good cause related to performance of duties.
    5. If a board member moves outside the city, that shall constitute a resignation from the board, effective upon the date a replacement is appointed.
  2. Meetings of the board of zoning appeals.
    1. The board of zoning appeals shall establish a regular meeting schedule and shall meet frequently enough so that it can take action expeditiously on those matters before it. Notice of at least five (5) days shall be provided of a meeting of the board.
    2. All meetings of the board shall be open to the public, and the agenda for each board meeting shall be made available in advance of the meeting.
  3. Quorum.
    1. A quorum for the board of zoning appeals shall consist of a majority of the regular board membership (excluding vacant seats). A quorum is necessary for the board to take official action.
    2. A member who has recused himself due to a conflict of interest shall be counted as present for purposes of determining whether a quorum is present.
  4. Voting.
    1. The concurring vote of a simple majority of the regular board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision, or determination of the administrator or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance or to grant any variance. All other actions of the board shall also be taken by majority vote, a quorum being present.
    2. Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as a negative vote unless the member has recused himself or abstains.
    3. A member may recuse himself from voting on a particular issue under the following circumstances:
      1. If the member has a direct financial interest in the outcome of the matter at issue;
      2. If the matter at issue involves the member's own official conduct;
      3. If participation in the matter might violate the letter or spirit of a member's code of professional responsibility;
      4. If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest; or
      5. For any other reason under state law where recusal would be appropriate.
  5. Board of zoning appeals officers.
    1. At its first regular meeting in July, the board of zoning appeals shall, by majority vote of its membership (excluding vacant seats) elect one (1) of its members to serve as chairman and preside over the board's meetings and one (1) member to serve as vice chairman. The persons so designated shall serve in these capacities for terms of one (1) year. Vacancies may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).
    2. The chairman and vice chairman may take part in all deliberation and vote on all issues.
  6. Powers and duties of the board of zoning appeals.
    1. The board of zoning appeals shall hear and decide:
      1. Appeals from any order, decision, requirement, or interpretation of this chapter made by any administrative official in carrying out the duties of his office.
      2. Applications for variances.
      3. Questions involving interpretation of the zoning map, including disputed district boundary lines and lot lines, and requests for special exceptions as provided for in this chapter.
      4. Any other matter the board is required to act upon by any other city ordinance. In exercising these powers the BZA shall interpret this chapter, the zoning map, and any other maps, charts, and materials incorporated herein in light of all applicable statutes and of the comprehensive plan for Maryville.
    2. The board may adopt rules and regulations governing its procedures and operations, which rules and regulations are consistent with the provisions of this chapter.
  7. Planning department--land use administrator. Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned by the city manager to one (1) or more individuals. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "land use administrator" or "administrator." The term "staff" or "planning staff" is sometimes used interchangeably with the term "administrator." "Administrator" shall mean the same as "building commissioner" as referred to in Tennessee Code Annotated, §§ 13-7-206 and 13-7-208.
  8. Downtown Design Review Board (DDRB).
    1. Definition/purpose. The downtown design review board is an ad hoc, advisory committee to the Maryville Municipal Planning Commission. The purpose of the board is to assist in creating guidelines and standards for downtown development, and to review conceptual plans for construction, major renovation, relocation, or demolition of any structure in the downtown districts for compliance with those standards.
    2. Membership. The downtown design review board members shall be appointed by the mayor. The board shall consist of seven (7) members: A representative of a local patriotic or historical organization; an architect, if available; and a member of the planning commission, at the time of such person's appointment. The remaining members shall be appointed from the community in general. The terms of members of the downtown design review board shall be five (5) years. Members may be appointed to successive terms without limitation. DDRB members can also be members of the board of zoning appeals or the historic zoning commission, but are not required to be.
    3. Meetings. The DDRB shall establish a regular meeting schedule and shall meet with sufficient frequency that it can take action expeditiously. Adequate notice shall be provided of a meeting of the board. All meetings of the board shall be open to the public, and the agenda for each board meeting shall be made available in advance of the meeting. The board may adopt the rules and regulations consistent with the provisions of this subsection.
      1. Quorum. A quorum for the DDRB shall consist of a majority of the regular board membership (excluding vacant seats). A quorum is necessary for the board to take official action. A member who has recused himself due to a conflict of interest shall be counted as present for purposes of determining whether a quorum is present.
      2. Voting. All action of the board shall be taken by majority vote, a quorum being present. A member may recuse himself from voting on a particular issue under the following circumstances:
        1. If the member has a direct financial interest in the outcome of the matter at issue;
        2. If the matter at issue involves the member's own official conduct;
        3. If participation in the matter might violate the letter or spirit of a member's code of professional responsibility;
        4. If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgement in the public interest;
        5. For any other reason under state law where recusal would be appropriate; or
        6. Voting on the matter would create an appearance impropriety.
    4. Jurisdiction.
      1. The DDRB has jurisdiction in non-residential and multi-family uses per Tennessee Code Annotated, § 6-54-133. The Maryville Downtown Review Board is limited to the downtown zones, and the following zoning districts must conform to downtown design standards.
        1. Central Business District.
        2. Central Business District Support Zone.
        3. Heritage Development Zone.
        4. Office Transition Zone.
        5. Washington Street Commercial Corridor.
      2. Decision making thresholds.

        1. Table of review levels. The following table indicates the items which required review and approval by the downtown design review board and those which development services staff may administratively approve. Staff may refer any staff level item to the DDRB for their review and approval. An applicant may also request any staff level item to be reviewed and approved by the DDRB.

          Table of Review Levels

        2. Design criteria departure. The downtown design review board may, by majority vote, recommend flexibility from the design regulations if it is agreed that the proposed alternative is equal to, or better than, the written standard. In addition, at least two (2) of the following criteria must be met:
          1. The alternative is appropriate in scale and character to the surrounding area.
          2. There is evidence that the alternative is historically appropriate for the site/structure.
          3. The alternative employs innovation and/or technology that the original regulation does not account for.
          4. The alternative meets the intent of the original regulation.
    5. Review of decision. Any applicant who may disagree with any recommendation of the downtown design review board may appeal for a hearing de novo to the Maryville Municipal Planning Commission when said application is considered and make known his or her objections. (1999 Code, § 14-203, as amended by Ord. #2020-2, Jan. 2020, 2021-02, Feb 2022, 2022-28, June 2022, and Ord. #2025-01, Feb. 2025 Ch1_12-2-25)
Date Last Updated: 12/22/2025
Codification Date: 06/01/2024

Officials at Date of Last Codification:

Mayor - Andy White
Vice-Mayor - Fred Metz
Council Member - Sarah Herron
Council Member - Tommy Hunt
Council Member - Drew Miles
City Manager - Greg McClain
Assistant City Manager - Kevin Stoltenberg
City Recorder/Financial Services Director - Sherri Phillips
City Attorney - Melanie Davis 

Date Last Updated: 12/22/2025
Codification Date: 06/01/2024

Officials at Date of Last Codification:

Mayor - Andy White
Vice-Mayor - Fred Metz
Council Member - Sarah Herron
Council Member - Tommy Hunt
Council Member - Drew Miles
City Manager - Greg McClain
Assistant City Manager - Kevin Stoltenberg
City Recorder/Financial Services Director - Sherri Phillips
City Attorney - Melanie Davis