Legal Documents of Maryville

1. The use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with, and pursuant to, one (1) of the following permits:
   1. A zoning permit issued by the administrator.
   2. A special exception permit issued by the board of zoning appeals.
   3. A sign permit issued by the administrator.
2. Zoning permits and special exception permits and sign permits are issued under this chapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this chapter if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and unless subsequently amended and approved as amended, all development shall occur strictly in accordance with such approved plans and applications.
3. A zoning permit, special exception permits, or sign permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.

1. Applications for zoning, special exception, and sign permits will be accepted only from persons having the legal authority to take action in accordance with the permit. As an illustration in general, this means that applications should be made by the owner or lessees of the property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees).
2. The administrator may require an applicant to submit evidence of his authority to submit the application in accordance with subsection (1) above whenever there appears to be a reasonable basis for questioning this authority.

1. All applications for zoning, special exception or sign permits must be complete before the permit-issuing authority is required to consider the application.
2. Subject to subsection (3) above, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter.
3. All detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) shall be in accordance with any public works standards adopted by the City of Maryville, or in accordance with specifications outlined by the city director of engineering and public works. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with the standards, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in light of the substantive requirements. However, whenever this chapter requires a certain element of a development to be constructed in accordance with other specifications, separate and apart from this document, then no construction work on such element may be commenced until detailed construction drawings have been submitted to, and approved by, the administrator. Failure to observe this requirement may result in permit revocation or other penalty as provided otherwise in this chapter.
4. The presumption established by this chapter is that all of the information set forth in the Maryville Land Development and Public Works Standards is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the city council or board of zoning appeals, the applicant may rely in the first instance on the recommendations of the administrator as to whether more or less information than set forth in the Maryville Land Development and Public Works Standards should be submitted.
5. The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this chapter, such as applications for zoning permits to construct single-family or two (2) family houses, or applications for sign permits, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

1. Upon receipt of a formal application for a zoning or special exception permit, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this chapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.
2. If the application is for a special exception, the administrator shall place the application on the agenda of the board of zoning appeals when the applicant indicates that the application is as complete as he intends to make it. However, if the administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis.

1. A completed application form for a zoning permit shall be submitted to the administrator by filing a copy of the application with the administrator in the planning department.
2. The administrator shall issue the zoning permit unless he finds, after reviewing the application and consulting with the applicant as provided in § 14-204(6), that:
   1. The requested permit is not within his jurisdiction according to the table of permissible uses;
   2. The application is incomplete; or
   3. If completed as proposed in the application, the development will not comply with one (1) or more requirements of this chapter (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with based on a prior nonconforming use).
3. If the administrator determines that the development for which a zoning permit or special exception is requested will have, or may have, substantial impact on surrounding properties, he shall, at least ten (10) days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within one hundred fifty feet (150') of the lot that is the subject of the application, informing them that:
   1. An application has been filed for a permit authorizing identified property to be used in a specified way;
   2. All persons wishing to comment on the application should contact the administrator by a certain date; and
   3. Persons wishing to be informed of the outcome of the application should send a written request for such notification to the administrator.

1. An application for a special exception permit shall be submitted to the board of zoning appeals by filing a copy of the application with the administrator in the planning department.
2. Subject to subsection (c) below, the board of zoning appeals shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:
   1. The requested permit is not within its jurisdiction according to the table of permissible uses;
   2. The application is incomplete; or
   3. If completed as proposed in the application, the development will not comply with one (1) or more requirements of this chapter (not including those the applicant is not required to comply with under the circumstances specified in this chapter in § 14-208).
3. Even if the permit-issuing board finds that the application complies with all other provisions of this chapter, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:
   1. Will materially endanger the public health or safety;
   2. Will substantially injure the value of adjoining or abutting property;
   3. Will not be in harmony with the area in which it is to be located;
   4. Will not be in general conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the council; or
   5. Will create impacts on public services and facilities which impacts are beyond the capacity of the city to address with available public funds.

1. The burden of presenting a complete application to the permit-issuing board shall be upon the applicant. However, unless the board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.
2. Once a completed application has been submitted, the burden of presenting evidence to the permit-issuing board sufficient to lead it to conclude that the application should be denied for any reasons stated in subsections (9)(b)(i), (9)(b)(iii) or (9)(c) above shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.
3. The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant.

1. When presented to the board of zoning appeals at the hearing, the application for a special exception permit shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's completeness and the other requirements of this chapter, as well as, any staff recommendations for additional requirements to be imposed by the board of zoning appeals. Additional requirements shall be related to the review of the project impact analysis, and shall bear a clear relationship to mitigation of impacts identified in the analysis.
2. If the staff proposes a finding or conclusion that the application fails to comply with § 14-204(4) or any other requirement of this chapter, it shall identify the requirement in question and specifically state supporting reasons for the proposed finding or conclusions.

1. Subject to subsection (b) below, in granting a special exception permit, the board of zoning appeals respectively may attach to the permit such reasonable requirements in addition to those specified in this chapter as will ensure that the development in its proposed location:
   1. Will not endanger the public health or safety;
   2. Will not injure the value of adjoining or abutting property;
   3. Will be in harmony with the area in which it is located; and
   4. Will be in conformity with the land use plan, thoroughfare plan, or other plan officially adopted by the council.
2. The board of zoning appeals may not attach additional conditions that modify or alter the specific requirements set forth in this chapter unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
3. Without limiting the foregoing, the board may attach to a permit a condition limiting the permit to a specified duration. Where no action is taken to construct the improvement by the expiration date, a new permit shall be required.
4. All additional conditions or requirements shall be entered on the permit.
5. All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter.
6. A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in subsections (9)(b) or (9)(c) above.

1. In cases when, because of weather conditions or other factors beyond the control of the special exception permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this chapter before commencing the intended used of the property or occupying any buildings or selling lots in a subdivision, the permit-issuing board may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed twelve (12) months).
2. When the board imposes additional requirements upon the permit recipient, or when the developer proposes in the plans submitted to install amenities beyond those required by this chapter, the board may authorize the permitted to commence the intended used of the property or to occupy any building before the additional requirements are fulfilled or the amenities installed if it specifies a date by which, or a schedule according to which, such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of one (1) or more of the following:
   1. A performance bond or other security satisfactory to the board is furnished.
   2. A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made.
   3. The nature of the requirements or amenities is such that sufficient assurance of compliance is given by other sections of this chapter concerning penalties, remedies for violations and permit revocation.

1. If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (c) below, the provisions of § 14-204(2) (no occupancy, use, or sale of lots until requirements fulfilled) shall apply to each phase as if it were the entire development.
2. As a prerequisite to taking advantage of the provisions of subsection (a) above, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage.
3. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit.

1. Zoning, special exception, and sign permits shall expire automatically if, within one (1) year after the issuance of such permits:
   1. The use authorized by such permit has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or
   2. Less than ten percent (10%) of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permit has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.
2. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one (1) year, then the permit or approval authorizing such work shall immediately expire.
3. The permit-issuing authority may extend for a period up to six (6) months the date when a permit would otherwise expire pursuant to subsections (a) or (b) if it concludes that:
   1. The permit or approval has not yet expired;
   2. The permit or approval recipient has proceeded with due diligence and in good faith; and
   3. Conditions have not changed so substantially as to warrant a new application.

   Successive extensions may be granted for periods up to six (6) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.

4. For purposes of this section, the permit within the jurisdiction of the board of zoning appeals is issued when such board votes to approve the application and issue the permit. A permit within the jurisdiction of the zoning administrator is issued when the earlier of the following takes place:
   1. A copy of the fully executed permit is delivered to the permit recipient and delivery is accomplished when the permit is hand delivered or mailed to the permit applicant; or
   2. The zoning administrator notifies the permit or approval applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required under applicable state law.

1. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and
2. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained but also with respect to persons who subsequently obtain any interest in all or part of the covered property.

1. Insignificant deviations from any permit issued by the board of zoning appeals or the administrator are permissible and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
2. Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, "minor design modifications or changes" are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
3. All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the administrator or board of zoning appeals, new conditions may be imposed. However, the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
4. The administrator shall determine whether amendments to, and modifications of, permits fall within the categories set forth above in subsections (a), (b), and (c) above.
5. A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval must be given in writing.

1. Whenever the board of zoning appeals disapproves an application for a special exception permit or a variance on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the BZA at a later time unless the applicant clearly demonstrates that:
   1. Circumstances affecting the property that is the subject of the application have substantially changed; or
   2. New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within sixty (60) days of the decision. Filing a request to be reheard does not toll the period for appeal in chancery court.
2. Notwithstanding subsection (a) above, the board of zoning appeals may at any time consider a new application affecting the same property as an application previously denied. A new application is one (1) that differs in some substantial way in the judgment of the BZA from the one (1) previously considered.

Maintenance of common areas, improvements, and facilities. The recipient of any zoning, special exception, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrated, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

Responsibilities described herein may be assigned to a homeowners' association or like group when documents are provided to the appropriate board, which documents assure the existence and financial capacity of the responsible entity. (1999 Code, § 14-204)