Legal Documents of Maryville

1. The following zoning districts are hereby established:

   District I: Residential District: The land use and intensity of the area is low density residential. Some mix of building types may be included, e.g., two (2) family, three (3) family and four (4) family dwelling units. Supplementary and complementary uses may exist in the area, such as recreation areas, schools, churches, and community centers.

   District II: Business and Transportation District: The land uses in the area include commercial (wholesale and retail), office, highway-oriented commercial (e.g., service stations, convenience stores), light industrial (e.g., assembly, light manufacturing), public/institutional (e.g., municipal buildings, recreational facilities), and residential (e.g., medium and high density). Liquor stores are permitted in this district. Intensity of use is moderate to high, with impacts on adjacent areas being of primary concern. Body piercing and tattoo artists are permitted uses in this zoning district.

   District III: Environmental Conservation District: This includes land with low development capability (e.g., flood hazard areas, steep slopes). Uses would include those with low to moderate development intensity (e.g., low density estate residential, recreation/open space, public/semi-public).

   District IV: Central Community District: This includes the Central Business District and the immediately surrounding area. Uses include office, commercial, high density, residential, and public. There is an allowed mix of land uses, and the intensity of the development is high.

   District V: Single-Family District: This includes areas where natural factors such as steep slopes, high erosion potential, inadequate streets and inadequate utilities restrict high density development within the corporate limits. The land use and intensity of the area is low density single-family detached units. 

   District VI: Office District: The land uses permitted in the office district are low density residential, professional and business offices and personal care services. The district is designed to accommodate a mixture of compatible professional and business offices, residential uses, personal care uses and services that neither generate large volumes of traffic nor need great amounts of off-street parking. It is the intent of the district to provide ample room and opportunity for all businesses without adversely impacting residential uses within the district or adjoining it. In addition, a tea room/café use may be an acceptable use in existing structures in this zone subject to approval of a special exception by the board of zoning appeals. The design standards that will be considered for review of tearoom/café are set forth in § 14-211(10). 

   District VII: Neighborhood District: The land uses in the neighborhood district are low density residential, professional and office type uses with limited commercial and retail operations as permitted uses. These uses are intended to be designed to minimize disruption of traffic flows and negative impact on adjacent residential uses. The district excludes all activities which generate large volumes of traffic need for great amounts of off-street parking, or which would have adverse impacts on the residential sector of the community or residential uses allowed within the district.

   District VIII: Central Business District: (Designated downtown zoning district subject to design review and "use on review") The Central Business District is the civic and cultural center of Maryville. In order to maintain the appropriate and expected atmosphere of a traditional downtown, it is very important to provide an intimate scale of the urban spaces. The level of detail must be sufficiently matched by new developments. Size and quantity of fenestration must be maintained. Ornate cornices and other features should be maintained and replicated. New buildings should be designed in the base and capital streetscape style typical of the older shops. New elements such as colorful canvas awnings or theme lights can be added to the facades to create a contemporary visual unity. Design of these elements must be carefully detailed to ensure common themes. The following regulations will encourage the redevelopment and expansion of a traditional, thriving, and charming downtown Maryville. Liquor stores are permitted in this district. All provisions set forth regarding this district are in § 14-209(4).

   District IX: Washington Street Commercial Corridor: (Designated downtown zoning district subject to design review and "use on review.") The Washington Street Corridor is often the impression that is left of downtown and the entire City of Maryville by thousands of motorists on their way to the Smoky Mountains. To encourage a return to a more urban setting and away from a typical "suburban commercial strip," Washington Street's design standards maintain density and close setbacks to the street, provide smaller signs, create streetscape improvements and require prototype facilities (fast food, fuel stations, etc.) to alter their designs to fit the character that downtown Maryville is striving for. Liquor stores are permitted in this district. All provisions set forth regarding this district are in § 14-209(5).

   District X: Office Transition Zone: (Designated downtown zoning district subject to design review and "use on review") Serving as the southern fringe of downtown Maryville, the Office Transition Zone provides mixed use opportunities in older homes and smaller scale commercial structures. The zone's intent is to maintain and establish the charm of the older homes and businesses, maintain the existing small town feel by requiring lower density developments, and preserve the human scale of the area. All provisions set forth regarding this district are in § 14-209(6).

   District XI: Heritage Development Zone: (Designated downtown zoning district subject to design review and "use on review") The Heritage Development Zone's proximity to the original site of Ft. Craig, the Central Business District, and its location on the greenbelt shall provide opportunities for festivals, festive retail, cultural and heritage-related uses such as museums, craft shops, antiques, or any appropriate use that will attract locals and tourists to the area. All provisions set forth regarding this district are in § 14-209(7).

   District XII: Central Business District Support Zone: (Designated downtown zoning district subject to design review and "use on review.") The Central Business District Support Zone is the zone of contrast between the urban intimacy on Harper Avenue and the open spaces of the north side of the greenbelt. This zone takes full advantage of the benefits of the greenbelt by providing mixed use development along its periphery. Businesses locating in the CBD Support Zone are encouraged to spill their services out onto the pathways and open areas of the greenbelt. Liquor stores are permitted in this district. All provisions set forth regarding this district are in § 14-209(8).

   District XIII: College Hill Historic District:¹ The College Hill Historic District has the largest concentration of extant historic structures in the City of Maryville. Since the 1940s, new construction has been limited in the district and it retains much of its original character. In order to preserve and enhance the integrity of this important area of Maryville, design guidelines specific to this district are in place to ensure historically appropriate and compatible construction. Land use controls allow only single-family residential uses, and prohibit further conversion of homes into duplexes or multiplexes. All provisions set forth regarding this district are in § 14-209(9).

   District XIV: College Hill Historic Overlay District: The College Hill Historic Overlay Zone has been created and the "Design Guidelines for the College Hill Historic District" in order to preserve the historic character through the application of design guidelines. Any construction requiring a building permit must apply for a certificate of appropriateness at the planning department and have their building plans reviewed by the historic zoning commission. All provisions set forth regarding this district are in § 14-209(10).

   District XV: High Intensity Commercial District: Liquor stores are permitted in this district. All provisions set forth regarding this district are in § 14-209(11).

   District XVI: Oak Park Historic District: The Oak Park Historic District has a large concentration of extant historic structures in the City of Maryville. Since the 1940s, new construction has been limited in the district and it retains much of its original character. In order to preserve and enhance the integrity of this important area of Maryville, design guidelines specific to this district are in place to ensure historically appropriate and compatible construction. All provisions set forth regarding this district are in § 14-209(12).

   District XVII: Oak Park Historic Overlay Zone: The Oak Park Historic Overlay Zone has been created and the "Design Guidelines for the Oak Park Historic District" in order to preserve the historic character through the application of design guidelines. Any construction requiring a building permit must apply for a certificate of appropriateness at the planning department and have their building plans reviewed by the historic zoning commission. All provisions set forth regarding this district are in § 14-209(13).

   District XIX: Estate Zone: The Estate Zone is the most restrictive residential district intended to be used for single-family residential areas with low population densities. This district is created and intended to be protected from the encroachment of uses not performing a function necessary to the single-family residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and accessory facilities found within this district. All provisions set forth regarding this district are in § 14-209(14).

   District XX: High Density Residential: This district is composed of high density residential rental, owner, occupied or a combination of both uses within the city located along arterials, and with certain open space and development standards. The regulations for this district are designed to protect the essential characteristics of the district to promote and encourage a suitable environment for family life and to permit certain commercial uses associated with this type of increased density. To these ends, retail activity is limited and this district is protected against encroachment of general commercial or industrial uses while the regulations permit high density development consistent with concentrations of persons. Attached apartments and condominiums are permitted along with accessory commercial uses conforming to the intent of the district. All provisions set forth regarding this district are in § 14-209(15).

   District XX: Industrial: The Industrial Zone District is established and designed to provide areas in which the principle use of land is for manufacturing, processing, assembly, fabrication of materials, and warehousing. The general goals of the district are as follows: to locate and develop industrial uses in conformance with Maryville's master plan; to provide industrial areas and locations that will be economically, functionally, and aesthetically beneficial to both the residents and businesses of the community; and, to encourage land uses that are associated with industrial facilities and operations. All provisions set forth regarding this district are in § 14-209(16).

   District XXI: Institutional. The Institutional Zone is established and designed to provide an area in which the principal use of land is for traditional academic and educational institutions and for complimentary and accessory uses associated with a college campus and environment. The general goals of this district are to allow development on a traditional college campus and to encourage uses specific to a learning environment.

   District XXII: High Intensity Retail District: The High Intensity Retail (H.I.R.) District is established to support and encourage concentrated retail development along major road corridors where most types of public infrastructure and services are already present. Shopping and dining are among the main activities in this district, and a primary goal for this zone is to stimulate retail-oriented economic activity and the accompanying generation of sales tax revenues. Mixed use developments and certain non-retail uses that are compatible with the retail uses may also be allowed in the district, subject to specific locational criteria.

2. These districts are established for the purposes of:
   1. Implementing the Maryville Comprehensive Plan;
   2. Defining specific areas of the City of Maryville, each requiring different standards of development to meet different circumstances present within the district; and
   3. Serving the purposes, objectives and intent of this chapter as outlined in the introduction.

1. Those uses which are allowable by right with no additional requirement.
2. Those uses which may be considered as special exceptions after review of an impact assessment, and imposition of additional requirements for development.
3. Those uses which are prohibited.

1. The planning commission may recommend, and the board of zoning appeals may approve as a special exception, the establishment of one (1) or more Impact Overlay Districts. The purpose of the district(s) thus established is to address in a more specific way the potential adverse impact of proposed development on natural conditions and surrounding land uses, including transportation facilities.

2. The following criteria shall be employed by the administrator in determining what development proposals are to be administered as Impact Overlay Districts.

   CRITERIA FOR IMPACT OVERLAY DISTRICT

   PROJECT AREA:	Ten (10) acres or more in a single site plan and/or subdivision plat.
   TRAFFIC DEMAND:	Generation of an average number of trips per day (based on ITE standards) which will result in a traffic demand in excess of the present functional capacity of local and/or collector roads serving the project. Present traffic demand will be established using ITE procedures and/or using ADT data provided by either the Tennessee Department of Transportation or the city director of engineering and public works.
   TOTAL DWELLING UNITS:	Sixty (60) or more dwelling units. (Residential uses)
   TOTAL FLOOR AREA: (Commercial uses)	Ten thousand (10,000) square feet of gross leaseable area.
   INCREASE IN DENSITY:	(Proposed vs. existing): Twenty-five percent (25%) or greater increase over the existing average development density within a one thousand-foot (1,000') radius of the site.
   PUBLIC FACILITIES:	Proposed development which creates a demand exceeding the present capacity of any of the public facilities serving that development. (Note: If an improved facility is programmed/budgeted, the city must take into consideration the timing of that improvement and the proposed timing of the development.)

3. Forms to be used in recording project data and in determining overall project impact(s) will be available in the planning department office.
4. The procedure for review of an Impact Overlay District development proposal shall be that prescribed for special exception permits.
5. The following are hereby established as Impact Overlay Districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if, and to the extent, such use is also permitted in the Impact Overlay District.
   1. The Floodway and Floodplain District;
   2. The Greenbelt District; and
   3. The Parkway District, subject to the following:
      1. The Parkway District is established as an Impact Overlay District in order to protect the natural beauty of approaches to the Great Smoky Mountains and other scenic attractions of the community and its environs. It is intended that uses of the underlying districts be developed at such scale and in such a manner as to blend unobtrusively with nature thereby enhancing the scenic attraction of the district and of Blount County. Provisions of the district are intended to expedite the free flow of traffic and reduce the hazards arising from unnecessary points of ingress and egress and cluttered roadside development.
      2. Parkway District boundaries shall be established on the official zoning map, and may include any highway which is deemed appropriate and its adjacent properties, to a distance of generally not more than one thousand feet (1,000') from the nearest edge of pavement of the highway. The Maryville City Council may apply the Parkway District to any highway corridor upon concluding that:
         1. The highway corridor has scenic qualities and natural beauty that should be preserved and protected;
         2. A major purpose of the highway is to carry through traffic; and
         3. Development along the highway in the absence of Parkway District provisions could have an adverse impact on its level of service, increase danger and/or congestion in the street, impair the public health, safety, convenience, welfare and/or impede the maintenance or creation of a convenient, attractive, and harmonious community.
      3. All uses are subject to the following conditions:
         1. No structure may exceed thirty-five feet (35') in height.
         2. A site plan is required to be submitted for review and approval for the development of any parcel within the Parkway District. Planning commission review and approval shall also be required for any site plan for the development of any parcel within the Parkway District. A site plan shall be submitted prior to development. The purpose of the site plan review is to ensure that all development in the corridor furthers the purpose and intentions of the Parkway District. Quality of design, preservation of open space, provision of buffers and plantings, provision of adequate parking well separated from the roadway, and minimization of direct access points to the highway shall be major considerations of the planning commission in their review of the site plan.

         3. The minimum distance as measured from the center of the access point between all driveways, curb cuts, or access points of any kind onto the highway shall be as follows:

            Highway speed limit	Minimum spacing of access points
            Under 35 mph	150 feet
            35-50 mph	250 feet
            55 mph	400 feet

            The minimum distance between all driveways, curb cuts, or access points of any kind onto a service road, frontage road, or unified access road to the main highway shall not be less than one hundred feet (100').

            The distance between adjacent one-way driveways with the inbound drive upstream from the outbound drive shall not be less than one hundred feet (100').

         4. For property with an existing access point where the speed limit is at least fifty-five (55) miles per hour, staff may reduce the required minimum spacing for a secondary access point. To qualify for this reduction, the lot must have road frontage of at least two hundred feet (200') and the need for the secondary access be demonstrated through a traffic impact study prepared and sealed by a qualified engineer. The secondary access point shall be placed at the greatest distance feasible from the existing access as determined by the traffic impact study. A right-in/right-out shall be the preferred secondary access point unless an existing median cut or traffic signal is available at the proposed location of the access point.
         5. For existing lots of record along the Parkway District which cannot meet the required spacing of access points, the board of zoning appeals may grant a special exception to allow an access point for the lot. In determining whether to grant the special exception permit, the applicant shall provide the following evidence to the board, and the board shall affirm all of the following:
            1. There is no current access for the property.
            2. No joint easement or frontage road exists which the applicant can utilize.
            3. The applicant has made all reasonable attempts to comply with the requirements of the section including, but not limited to, negotiating with adjoining property owners for a joint access easement or use of a frontage road.
            4. The situation was not created by the applicant and is one that predates the adoption of the Parkway District or predates the applicant's ownership of the property.
            5. The applicant does not own adjoining lots which could be utilized to meet the requirements of the section.
            6. The proposed access point is located so as to comply as much as practicable with the spacing requirements of the section.
            7. The Tennessee Department of Transportation has reviewed the proposed access point and will grant a permit for the access at the location proposed by the applicant.
         6. For each parcel which fronts onto the highway right-of-way, the minimum lot frontage shall be not less than one hundred feet (100').
         7. Individual parcels which front onto the highway right-of-way are permitted to construct one (1) temporary driveway onto the highway until joint driveways or alternate means of access can be constructed. The distance between a temporary driveway and all other curb cuts shall be not less than one hundred feet (100').
         8. No loading or unloading of materials shall take place in any front or corner side yard of any parcel which fronts on the highway right-of-way. Buildings are expected to provide service entrances at the rear.
         9. No parking shall be permitted on the highway right-of-way. All parcels shall be expected to provide sufficient off-street parking to meet their individual needs, or shall coordinate with adjacent parcels or with the city to meet combined parking needs.
      4. Land within the Parkway District may be used as permitted in the underlying district in which located, subject to the above conditions and with the following exceptions:
         1. Uses of the advertising subgroup are prohibited.
         2. Junkyards are prohibited.
         3. Outdoor storage areas located outside of a structure shall be screened.
         4. Drive-in banks, other drive-in establishments, fast food restaurants, souvenir and curio shops, quick service food stores, and filling stations shall be subject to the following use limitations.
            1. Such a use shall be designed so that pedestrian and vehicular circulation is coordinated with that on adjacent properties.
            2. Such a use shall have access designed so as not to impede traffic on a public street intended to carry through traffic. To such end, access via the following means shall be given favorable consideration in site plan review.
               1. Access to the site is provided by a public street other than one intended to carry through traffic;
               2. Access to the site is provided via the internal circulation of a shopping center, which center contains at least six (6) other commercial uses, or in an office complex having a limited number of well-designed access points to the public street system and no additional direct access is provided to the site from a public street over and above those entrances which may exist to provide access to the shopping center;
               3. Access to the site is provided by a functional service drive, frontage road, or joint driveway which provides controlled access to the site and/or to several adjacent sites; and/or
               4. Acceleration/deceleration lanes, turning lanes, and/or stacking lanes are provided to improve access to the site and/or several adjacent sites.
            3. Filling stations shall not be used for the performance of major repairs, and shall not include the outdoor storage of more than two (2) abandoned, wrecked, or inoperable vehicles on the site for more than seventy-two (72) hours, subject to the limitation that there shall be no dismantling, wrecking, or sale of said vehicles or parts thereof. In addition, in no event shall any abandoned, wrecked, or inoperable vehicle be stored outdoors for a period exceeding seventy-two (72) hours.
            4. All such uses are required to provide at least one (1) regular-sized garbage container outside of the establishment.
            5. All such uses are required to provide and maintain a tastefully landscaped buffer strip or berm of at least ten feet (10') in width along the length of their frontage with the highway or service road right-of-way (excluding points of egress and ingress).
      5. Signs shall be subject to general regulations and conditions as stated in the section of this chapter dealing specifically with signs. In addition, the following conditions shall apply to all signs within a Parkway District:
         1. Signs shall pertain only to uses conducted on the premises where they are located. The purposes of all signs shall be to inform the public of the business conducted on that premises, and wording shall be kept simple and informational. Signs are expected to be tastefully designed. Favorable consideration may be given to signs which combine information for two (2) or more adjacent businesses.
         2. Signs on buildings shall not exceed more than twelve inches (12") above the roof ridge line of the building, shall be limited to a vertical height of three feet (3') and shall be limited in length to not exceed twenty feet (20') or fifty percent (50%) (whichever is less restrictive) of the horizontal length of the building face.
         3. Freestanding signs shall be limited to a maximum overall height of twenty feet (20') above the road surface of the highway. Said signs height shall be measured from the highway road surface closest to the sign. Freestanding signs shall be limited to a surface area prescribed in the section in this chapter specifically addressing signs; however, in no case shall a sign exceed seventy-five (75) square feet per face or twenty feet (20') in length.
         4. No freestanding signs shall be erected or altered unless a use permit is first secured.
         5. No exterior signs, including freestanding signs, shall be flashing, oscillating, intermittently lit, moving, or otherwise animated, except for time/temperature displays.
         6. No sign shall project more than twelve inches (12") into or be placed within the right-of-way of any public street.
         7. No portable signs shall be permitted in the district.

1. Lot dimensions.
   1. Lot size. No minimum.
   2. Lot width. No minimum.
2. Setbacks. Setback from existing utility easements must be observed, otherwise:
   1. Front. Ten feet (10') maximum setback from edge of sidewalk. Building setback preferably should line flush with existing buildings.
   2. Side. Ten feet (10') maximum; no minimum. Building setback preferably should line flush with existing buildings.
   3. Rear. No minimum, maximum variable, depending upon placement of parking as determined by the Downtown Maryville Design Review Board.
3. Parking. Total coverage cannot exceed ten percent (10%) of the entire lot. Parking shall be placed in the back of the building (opposite from the facade) and if adjoining the street, must be supplemented by an six foot (6') opaque wall made of appropriate materials, including brick, stone, and other natural materials to create a visual edge for pedestrians and motorists. Appropriate landscaping in and around parking lots, including trees may be required.
4. Height. Maximum allowable building height shall not exceed seventy feet (70') measured from the finished grade at the front of the building to the highest point on the façade.
5. Windows and doors.
   1. Spacing and size of fenestration shall match that of the other buildings on the same block that were built before 1950;
   2. Windows shall be square or vertical in orientation;
   3. All fenestration, including doors and windows above grade, shall be indicative of the period of construction of the building;
   4. Sill and lentils for windows are encouraged;
   5. True divided light or simulated divided light units are permissible only; and
   6. Aluminum "storefront" glazing systems are allowable at street level only and must be approved by the Downtown Maryville Design Review Board as compatible with the original building facade.
6. Facades.
   1. Facades shall be "pedestrian scale." Pedestrian scale is defined as a size (of building, space) that a pedestrian perceives as not dominating or overpowering;
   2. Substantial removal, alteration, or covering of original facades shall not be permitted;
   3. Facades composed of brick or masonry must be re-pointed and cleaned to a condition indicative of their original finish;
   4. In cases of extreme deterioration, facades may be repaired and painted; paint colors must be of historic precedent, compatible with adjacent properties and approved by the Downtown Maryville Design Review Board. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the review board for all proposed new paint projects, building construction and facade alteration; and
   5. Awnings, may be applied and are encouraged, but must be solid or two (2) color, angled or scalloped type only and compatible with the architecture and color palette.
7. Materials.
   1. Natural stone, brick, wood, and fiber-cement siding that resembles horizontal lap siding should be used for all buildings in the Central Business District. Cut stone is allowed while river rock and stacked stone are not allowed as they are not considered consistent with the buildings downtown;
   2. Veneer materials are not allowed (i.e., vinyl siding, metal facade covering, stucco and synthetic stucco); and
   3. Synthetic materials and stucco may only be allowed on a limited basis for accent, trim and cornices.
8. Signs. Except as stated herein, this section shall supersede § 14-217 of this chapter regarding signs in this zoning district.
   1. Sign area allowed.
      1. Single story buildings. Total signage is based on twenty-five percent (25%) of the side of the property on which the entrance is located. Properties with frontage having fifty feet (50') or less shall be allowed a maximum sign area of twelve (12) square feet. The entrance shall be the door(s) used by customers rather than entrances for purposes of rear deliveries or fire exits.
      2. Two (2) story and taller buildings. The maximum area of signage is calculated above, however, two (2) story buildings double the allowed maximum sign area, three (3) story buildings triple the allowed maximum area, etc. The maximum allowed sign area devoted to one (1) property shall not exceed three hundred (300) square feet, regardless of the number of stories and property frontage. While being limited to the calculations above, no individual sign and no combination of multiple signs on one (1) side of a building shall exceed one hundred fifty (150) square feet. If a building includes multiple uses, only the frontage and stories attributed to the subject sign may be counted. For example, a building with one (1) story of retail and two (2) stories of residential may only count the retail story for the respective retail signs.
   2. Sign area allowances. Businesses may add signs, in addition to the maximum allowed sign area as calculated above, using no more than two (2) of the following sign allowances. All signs using these allowances will require review and approval by the planning staff.
      1. Window sign allowance. Each business may have six (6) square feet of signs applied to glass doors/windows.
      2. Awning sign allowance. Imprints of a signage and/or logo shall be allowed on an awning which shall not exceed either: the equivalent of the total twenty-five percent (25%) signage calculation above, or twenty (20) square feet, whichever is less. For example, if the property is allowed to have a ten (10) square foot sign using the twenty-five percent (25%) sign area calculation above, then the property may also have a ten (10) square foot sign or logo printed on an awning. If a building can receive a forty (40) square foot sign using the twenty-five percent (25%) rule, it may also have signage and/or logo on an awning not to exceed twenty (20) square feet.
      3. Projecting sign square footage allowance. Each business may hang one (1) perpendicular sign not to exceed six (6) square feet. Creativity and artwork in the sign design and composition are encouraged. This sign allowance is not trying to create a fake colonial era style of sign or recreate an artificial historical past. Sign designs are encouraged to be compatible to the business' trade or wares. They may be designed as historic, contemporary, cutting edge, futuristic, fun or conservative as the business owners' intend to convey. The underside of the sign must be at least eight feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Such signs must be constructed of wood or a material, such as sign foam, that replicates wood. Signs must have: either, at least fifty percent (50%) of the surface area sandblasted; or have a combination of sandblasted features and three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area. Signs may be metal if the sign includes sufficient thickness, at least one-half inch (1/2"), not including framing. Thin, flat plastic and metal signs with vinyl lettering and/or decals are not acceptable. Signs must be painted and colors are encouraged. Sign shapes must vary from other hanging signs on the same block to encourage variety. Signs that exceed the six (6) square foot allowance may be allowed if the overage is due to artistic embellishments. Sign brackets used to support the hanging signs also require review and approval by the city. The bracket and the sign cannot project so far as to be a danger to passing pedestrians and vehicles. A professional sign company or artisan experienced with wood construction, carving and painting must fabricate signs.
   3. Directory signs.
      1. Building mounted directory signs. Where several businesses share a building, a directory sign (listing tenant names) may be installed on the building, not to exceed six (6) square feet. The sign area of directory signs will not be subtracted from the property's allowable sign area.
      2. Freestanding directory signs. Where a single or multiple tenant business' entrance(s) do not front a public street or the entrance door is significantly obscured due to topographic, existing landscape, or other orientation of the building making it difficult for motorists to see the entrance, a freestanding directory sign (listing tenant name(s)) may be installed on the same parcel of property. Such sign shall not be taller than three feet (3') to the top of the sign and shall not exceed four (4) square feet per tenant. When there is more than one (1) tenant in a building with the same difficulty of entrance visibility, the tenants must combine their directory signs into a single freestanding directory sign, while still maintaining a maximum of four (4) square feet per tenant. However, such freestanding directory signs shall not exceed a total of twenty-five (25) square feet and shall not exceed a height of five feet (5'). The sign area of directory signs will not be subtracted from the property's allowable sign area.
   4. Freestanding signs. Freestanding signs of not taller than five feet (5') and not greater than twenty-five (25) square feet are allowed. Only indirect/exterior illumination is permissible. Properties that have frontage on Lamar Alexander Parkway may have freestanding signs eight feet (8') tall, but such signs can only be located on the parkway side of the property.
   5. Window signs. Window signs are permissible; however signs shall not exceed thirty percent (30%) of the total window area.
   6. Building mounted signs. Signs can be attached to building facades at street level and shall not be roof mounted.
   7. Perpendicular signs. Perpendicular signs must be at least eight feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Only one (1) perpendicular sign may be installed per business and such signs shall not exceed ten (10) square feet. If the property originally had a theater marquis, similar marquis signs may be installed if based on pictorial evidence.
   8. Prohibited signs. Neon signs, flashing signs, signs with intermittent lights, rotating signs, LED signs and internally lit signs are prohibited;
   9. Sign lighting. Only indirect/external lighting is allowed. Light directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly on the public right-of-way or residential premises. String lighting may be used for backlighting as defined in this ordinance and is permitted as an indirect/external lighting method and may be used for permanent signage.
   10. Awning signs. Imprints of a sign or logo shall be allowed on an awning and will be included in the total signage calculation, with the exception of applicants who use the awning sign allowance set forth in subsection (4)(h)(ii)(B) above;
   11. Sandwich board sign allowance. Each business may have one (1) sandwich board sign. Sandwich board signs shall be constructed of wood in an "A" shape and be heavy enough so that strong winds do not allow it to blow over. Sandwich boards shall not be left outside of the building when the business closes, or the city may remove and dispose of the sign. Sandwich board signs cannot exceed a height of forty-two inches (42") and shall not exceed seven (7) square feet (per side).
   12. Materials. Sign materials shall be of natural surfaces such as wood, brick, stone, etched glass or constructed of materials that successfully replicate these natural materials. However, professional painted metal signs are also acceptable; provided, they have a finished thickness of at least one-half inch (1/2") achieved by mounting the metal sign on a substrate or by having a frame. Metal signs must have three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area.
   13. Sign colors. Excessively bright, fluorescent, or glaring colors are prohibited on signs.
   14. Sign review and permitting. Any new sign application in the downtown zones must be submitted to the planning department staff for review then forwarded to the sign inspector for issuance of a sign permit.
   15. Signs prohibited in rights-of-way. Permanent or temporary signs shall not be installed in the road right-of-way. Sandwich board signs may be installed on sidewalks as long as they comply with the sandwich board sign allowance above and do not block a clear path along the sidewalk of thirty-six inches (36").
   16. Accessory signage installed to glass. Strobe lights, rotating and/or flashing emergency vehicle-type lights, neon lights strips or window outlines installed within the business and visible to the public, even if not affixed to the glass, is prohibited. Holiday lights installed seasonally are exempt from this requirement.
   17. Nonconforming sign. All sign-related provisions set forth in § 14-217(17), "nonconforming signs," in the City of Maryville Land Development Regulations, and as later amended, are applicable within the downtown zones, unless otherwise addressed in this chapter.
   18. Amortization of nonconforming sign.
       1. A nonconforming sign that exceeds the size and height by more than ten percent (10%) or that is nonconforming in some other way shall, within one (1) year after the effective date of this chapter, be altered to comply with the provisions of this chapter or be removed.
       2. If the nonconformity consists of too many freestanding signs on a single lot or an excess of total sign area on a single lot, the person responsible for the violation may determine which sign or signs need to be altered or removed to bring the development into conformance.
   19. Reconstruction of previous signs. Property owners whom propose to reconstruct signs that are clearly documented through photographic evidence or other documentation may occur on their original location. Such reconstructed signs shall be constructed with materials, design detailing and decorative features to match or closely approximate the original sign. If signs proposed to be reconstructed do not comply with sign regulations of this chapter, the Downtown Maryville Design Review Board will review the applicant's proposal.
   20. Signs excluded from regulation. The following signs are exempt from regulation under this chapter.
       1. Address numbers, signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
       2. Signs erected by or on behalf of, or pursuant to, the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
       3. Official signs of a non-commercial nature erected by public utilities.
   21. Miscellaneous restrictions and prohibitions. All sign-related provisions set forth in § 14-217(2), (4), (5), (13) (except signs prohibited as set forth in number viii above; no internally lit signs, see number (ix) above), (14), (15), (16) and (18) of this ordinance as later amended, are applicable within the downtown zones, unless otherwise provided in this ordinance.
9. Zoning districts - accessories/details.
   1. Details such as shutters, balconies, overhangs, exterior lighting, security lighting, etc. must be reviewed and approved by the Downtown Maryville Design Review Board as compatible with the original building facade.
   2. Deteriorated architectural features shall be repaired rather than replaced. The new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical, or pictorial evidence.
   3. Blank walls are discouraged. Painted murals and other wall decorations on elevations may be appropriate as reviewed by the Downtown Maryville Design Review Board.
   4. Ancillary structures and equipment: HVAC equipment, above ground grease traps, electric generators, fuel tanks, trash compactors, dumpsters, garbage containment areas, storage bins and similar ancillary structures and equipment shall be screened from public roads with landscaping, walls or fences. Proposed screening, ancillary structures and equipment shall be submitted for board review before installation.
10. Zoning districts - demolition. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible. Demolition shall not occur unless one (1) or the more following conditions are met:
    1. If a building has lost its architectural and historical integrity and importance and its removal will not result in a more negative, less appropriate visual effect on the district;
    2. If the denial of the demolition will result in an unreasonable economic hardship on the applicant as determined by the Downtown Maryville Design Review Board;
    3. If the public safety and welfare requires the removal of a structure or building; or
    4. If the structural instability or deterioration of a property is demonstrated through a report by a structural engineer or architect. Such a report must clearly detail the property's physical condition, reasons why rehabilitation is not feasible, and cost estimates for rehabilitation versus demolition. In addition to this report, there shall be a separate report that details future action of this site.
11. Zoning districts - land uses, regardless of use. The Central Business District is the civic and cultural heart of the City of Maryville. As this zone develops, the continuous "rhythm," spacing, and aesthetics of Central Business District structures will become vital in maintaining and enhancing a vibrant small town setting.
    1. Residential. Attached homes including apartments, condominiums, and lofts above storefronts are permitted. Single-family detached housing is not appropriate in this zone.
    2. Mixed uses. Appropriate uses should accommodate a variety of needs, especially those of residents who live nearby and tourists who visit downtown. Most types of land uses are encouraged in the Central Business District including those for entertainment, employment, service, shopping, liquor stores and light manufacturing are permitted if the building they are housed in structures meeting all design standards. Scale of proposed developments in comparison to other individual developments in the zone is most important when considering whether or not a use shall be appropriate.
    3. Prohibited uses. Adult establishments, heavy manufacturing, mini-storage, landfill or mining, mobile home parks, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function, character, and intent of the Central Business District.

1. Lot dimensions.
   1. Lot size. No minimum.
   2. Lot width. No minimum.
2. Building orientation. On lots that have frontage on Washington Street, all buildings shall face Washington Street.
3. Curb cuts. Curb cuts on Washington Street are limited to one (1) per block. Additional curb cuts may be approved as a special exception when there are no other reasonable means of access. Side street curb cuts must be at least seventy feet (70') from Washington Street.
4. Setbacks. Setback from existing utility easements must be observed, otherwise:

   1. Front. For frontages on Washington Street, fifteen feet (15') minimum. If a patio, drive lane, landscaped area, or other aesthetic feature is placed between the sidewalk and building, then a thirty-foot (30') maximum setback measured from the back of the curb is allowed. A fifty-foot (50') maximum setback measured from the back of the curb may be allowed if a drive lane and a single row of parking is used in the site design. Any setback greater than thirty feet (30') will require a special exception. Drive lanes and front parking are subject to screening requirements below.

      The front setback for frontages not along Washington Street shall be a ten foot (10') minimum and twenty-five foot (25') maximum.

   2. Side. No minimum. All setbacks from street rights-of-way shall use the "front" setback.
   3. Rear. No minimum.
5. Sidewalks. Along Washington Street, a six-foot (6') landscaped buffer between the curb and sidewalk, a six-foot (6') sidewalk, and a minimum three foot (3') landscaped buffer between the sidewalk and the beginning of development is required. On all other streets, a five-foot (5') sidewalk is required against the curb and a minimum five-foot (5') buffer area is required between the sidewalk and the beginning of development.
6. Parking. Parking shall be placed to the rear of the building. If the site cannot accommodate adequate parking at the rear of the building, side parking is allowed if appropriately screened (see screening requirements below). A single row of angled parking may be allowed between the building and the sidewalk for lots that front Washington Street.
7. Screening. Vehicle movement areas must be screened from sidewalks with a brick or stone wall (not cinder block), a wrought iron fence (or other fence materials that are visually similar to wrought iron), and/or landscaping. This is required to establish/maintain an edge to the street consistent with the rest of the district. This barrier shall be placed against the required three foot (3') landscaped buffer. The brick or stone portion of the wall or fence may not be taller than forty inches (40"). Fences and walls with fences on top shall not exceed six feet (6') in height.
8. Height. Buildings shall not exceed three (3) stories or forty-five feet (45'). Taller buildings may be allowed by special exception, but may not exceed sixty-five feet (65').
9. Facades and elevations.
   1. Facades shall provide fenestration toward pedestrian areas for purposes of safety and aesthetics.
   2. Facades must not be monolithic; any of the following, or similar, design features may be used:
      1. Changes in surface planes.
      2. Porches.
      3. Awnings.
      4. Entry stairs.
      5. Doors.
      6. Windows.
      7. Chimneys.
      8. Changes in construction materials.
      9. Landscaping.
      10. Horizontal and vertical sun-shading devices, such as walls, canopies, and similar devices, that extend a minimum of three feet (3') beyond the wall of adjacent walls.
   3. Facades may be repainted and shall be in good repair. Paint colors must be subdued and approved by the Downtown Design Review Board. Colors that are equivalent to Benjamin Moore's "Historical Collection" palette are pre-approved. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the review board for all proposed new paint projects, building construction and facade alteration.
10. Materials.
    1. Natural stone, brick, wood and fiber-cement siding that resembles horizontal lap siding shall be used for all buildings in the Washington Street Commercial Corridor.
    2. Veneer materials are not allowed (i.e., vinyl siding, metal facade covering, stucco, and synthetic stucco).
    3. Synthetic materials and stucco may only be allowed on a limited basis for accent, trim, and cornices.
11. Accessories/details.
    1. Facilities are encouraged to use natural materials, colors, and scale compatible with those of other downtown zones. Details such as shutters, balconies, overhangs, exterior lighting, security lighting, etc. must be reviewed and approved by the Maryville Downtown Design Review Board as compatible with the design guidelines of the zone.
    2. In properties of historical significance, deteriorated architectural features shall be repaired rather than replaced, when feasible. The new material shall match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplication of features substantiated by historic, physical, or pictorial evidence.
    3. Painted murals and other wall decorations on elevations may be appropriate as reviewed by the Downtown Maryville Design Review Board.
    4. Ancillary structures and equipment. HVAC equipment, above ground grease traps, electric generators, fuel tanks, trash compactors, dumpsters, garbage containment areas, storage bins, and similar ancillary structures and equipment shall be screened from public roads with landscaping, walls, or fences. Proposed screening, ancillary structures, and equipment shall be submitted for board review before installation.
12. Demolition. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature shall be avoided when possible. Demolition shall not occur unless one (1) or the more following conditions are met:
    1. A building has lost its architectural and historical integrity and importance, and its removal will not result in a more negative, less appropriate visual effect on the district;
    2. The denial of the demolition will result in an unreasonable economic hardship on the applicant as determined by the Downtown Design Review Board;
    3. The public safety and welfare requires the removal of a structure or building; or
    4. The structural instability or deterioration of a property is demonstrated through a report by a structural engineer or architect. Such a report must clearly detail the property's physical condition, reasons why rehabilitation is not feasible, and cost estimates for rehabilitation versus demolition. In addition to this report, there shall be a separate report that details future action of this site.
13. Land uses. Washington Street, through a mixed urban pattern, serves pedestrians and motorists but shall not develop as a suburban/highway commercial strip with deep setbacks and large upfront parking. The district shall promote connectivity between businesses for both pedestrian and vehicles.
    1. Residential. Attached homes including apartments, condominiums, and lofts above storefronts are permitted. Single-family detached housing is not allowed.
    2. Mixed uses. Appropriate uses will accommodate a variety of needs, especially those of residents who live nearby and tourists who visit downtown. Light manufacturing for local consumption and distribution may be allowed by special exception.
    3. Prohibited uses. Adult establishments, large-scale manufacturing, mini-storage, landfill or mining, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function, character, and intent of the Washington Street Commercial Corridor.
14. Special exceptions. The evaluation of a special exception must consider the exception's impact on pedestrian movement, traffic flow, and general aesthetics of the district.
15. Signs. Except as stated herein, this section shall supersede § 14-217 of this chapter regarding signs in this zoning district.
    1. Sign area allowed.
       1. Single story buildings. Total signage is based on twenty-five percent (25%) of the side of the property on which the entrance is located. Properties with frontage having fifty feet (50') or less shall be allowed a maximum sign area of twelve (12) square feet. The entrance shall be the door(s) used by customers rather than entrances for purposes of rear deliveries or fire exits. The total sign surface allowance for parcels along Washington Street shall be calculated based on fifty percent (50%) of the frontage along each public street. Properties along Washington Street with total frontage of fifty feet (50') or less shall be allowed a maximum sign area of twenty-five (25) square feet.
       2. Two (2) story and taller buildings. The maximum area of signage is calculated above, however, two (2) story buildings double the allowed maximum sign area, three (3) story buildings triple the allowed maximum area, etc. The maximum allowed sign area devoted to one (1) property shall not exceed three hundred (300) square feet, regardless of the number of stories and property frontage. While being limited to the calculations above, no individual sign and no combination of multiple signs on one (1) side of a building shall exceed one hundred fifty (150) square feet. If a building includes multiple uses, only the frontage and stories attributed to the subject sign may be counted. For example, a building with one (1) story of retail and two (2) stories of residential may only count the retail story for the respective retail signs.
    2. Sign area allowances. Businesses not on Washington Street may add signs, in addition to the maximum allowed sign area as calculated above, using no more than two (2) of the following sign allowances. All signs using these allowances will require review and approval by planning staff.
       1. Window sign allowance. Each business may have six (6) square feet of signs applied to glass doors/windows.
       2. Awning sign allowance. Imprints of a signage and/or logo shall be allowed on an awning which shall not exceed either: the equivalent of the total twenty-five percent (25%) signage calculation above, or twenty (20) square feet, whichever is less. For example, if the property is allowed to have a ten (10) square foot sign using the twenty-five percent (25%) sign area calculation above, then the property may also have a ten (10) square foot sign or logo printed on an awning. If a building can receive a forty (40) square foot sign using the twenty-five percent (25%) rule, it may have also have signage and/or logo on an awning not to exceed twenty (20) square feet.
       3. Projecting sign square footage allowance. Each business may hang one (1) perpendicular sign not to exceed six (6) square feet. Creativity and artwork in the sign design and composition are encouraged. This sign allowance is not trying to create a fake colonial era style of sign or recreate an artificial historical past. Sign designs are encouraged to be compatible to the business's trade or wares. They may be designed as historic, contemporary, cutting edge, futuristic, fun or conservative as the business owners intend to convey. The underside of the sign must be at least eight feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Such signs must be constructed of wood or a material, such as sign foam, that replicates wood. Signs must have either at least fifty percent (50%) of the surface area sandblasted, or have a combination of sandblasted features and three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area. Signs may be metal if the sign includes sufficient thickness of at least one-half inch (1/2"), not including framing. Thin, flat plastic and metal signs with vinyl lettering and/or decals are not acceptable. Signs must be painted and colors are encouraged. Sign shapes must vary from other hanging signs on the same block to encourage variety. Signs that exceed the six (6) square foot allowance may be allowed if the overage is due to artistic embellishments. Sign brackets used to support the hanging signs also require review and approval by the city. The bracket and the sign cannot project so far as to be a danger to passing pedestrians or vehicles. A professional sign company or artisan experienced with wood construction, carving and painting must fabricate signs.
    3. Directory signs.
       1. Building-mounted directory signs. Where several businesses share a building, a directory sign (listing tenant names) may be installed on the building, not to exceed six (6) square feet. The sign area of directory signs will not be subtracted from the property's allowable sign area.
       2. Freestanding directory signs. Where a single or multiple tenant business entrance(s) does not front a public street, or the entrance door is significantly obscured due to topographic, existing landscape, or other orientation of the building, making it difficult for motorists to see the entrance, a freestanding directory sign (listing tenant name(s)) may be installed on the same parcel of property. Such signs shall not be taller than three feet (3') to the top of the sign and shall not exceed four (4) square feet per tenant. When there is more than one (1) tenant in a building with the same difficulty of entrance visibility, the tenants must combine their directory signs into a single freestanding directory sign, while still maintaining a maximum of four (4) square feet per tenant. However, such freestanding directory signs shall not exceed a total of twenty-five (25) square feet and shall not exceed a height of five feet (5'). The sign area of directory signs will not be subtracted from the property's allowable sign area.
    4. Freestanding signs. Freestanding signs of not taller than twelve feet (12') and not greater than sixty (60) square feet are allowed. For parcels along Washington Street, the maximum height of a freestanding sign is twenty feet (20'). Changeable message signs are allowable within the total maximum sixty (60) square foot area and shall not exceed twenty (20) square feet. The changeable message sign may not be installed as a separate freestanding sign nor may it be installed as a portable sign.
    5. Window signs. Window signs are permissible; however, signs shall not exceed thirty percent (30%) of the total window area.
    6. Building mounted signs. Signs can be attached to building facades at street level and shall not be roof mounted.
    7. Perpendicular signs. Perpendicular signs must be at least feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Only one (1) perpendicular sign may be installed per business and such signs shall not exceed ten (10) square feet. If the property originally had a theater marquis, similar marquis signs may be installed if based on pictorial evidence.
    8. Changeable message signs. Along Washington Street, changeable message signs are allowed and may be in addition to the maximum allowable total signage. Only one (1) changeable message sign is allowed. Changeable message signs, which include electronic message center signs, shall be no larger than twenty (20) square feet, except for gasoline product signs which shall be no larger than twenty-five (25) square feet. Changeable message signs can only be on the building or on a freestanding sign.
    9. Sign lighting. Only indirect/external lighting is allowed except along Washington Street. Light directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly on public right-of-way or residential premises. Neon signs, flashing signs, signs with intermittent lights, and rotating signs are prohibited. String lighting may be used for backlighting as defined in this ordinance and is permitted as an indirect/external lighting method and may be used for permanent signage.
    10. Awning signs. Imprints of a sign or logo shall be allowed on an awning and will be included in the total signage calculation, with the exception of applicants whom use the awning sign allowance set forth in subsection (5)(o)(ii)(B).
    11. Sandwich board sign allowance. Each business may have one (1) sandwich board sign. Sandwich board signs shall be constructed of wood in an "A" shape and be heavy enough so that strong winds do not allow it to blow over. Sandwich boards shall not be left outside of the building when the business closes, or the city may remove and dispose of the sign. Sandwich board signs cannot exceed a height of forty-two inches (42") and shall not exceed seven (7) square feet (per side).
    12. Materials. Lettering and design features of freestanding and wall mounted signs shall have a minimum one-half inch (1/2") in finished thickness to present a three (3) dimensional display area.
    13. Sign colors. Excessively bright, fluorescent, or glaring colors are prohibited on signs.
    14. Sign review and permitting. Any new sign application in the downtown zones must be submitted to the planning department staff for review, then forwarded to the sign inspector for issuance of a sign permit.
    15. Signs prohibited in rights-of-way. Permanent or temporary signs shall not be installed in the road right-of-way. Sandwich board signs may be installed on sidewalks as long as they comply with the sandwich board sign allowance above and do not block a clear path along the sidewalk of thirty-six inches (36").
    16. Accessory signage installed to glass. Strobe lights, rotating and/or flashing emergency vehicle-type lights, neon lights strips or window outlines installed within the business and visible to the public, even if not affixed to the glass, is prohibited. Holiday lights installed seasonally are exempt from this requirement.
    17. Nonconforming sign. All sign-related provisions set forth in § 14-217(17), in the City of Maryville Land Development Regulations, and as later amended, are applicable within the downtown zones, unless otherwise addressed in this chapter.
    18. Reconstruction of previous signs. Property owners who propose to reconstruct signs that are clearly documented through photographic evidence or other documentation may occur on their original location. Such reconstructed signs shall be constructed with materials, design detailing and decorative features to match or closely approximate the original sign. If signs proposed to be reconstructed do not comply with sign regulations of this chapter, the Downtown Maryville Design Review Board will review the applicant's proposal.
    19. Signs excluded from regulation. The following signs are exempt from regulation under this chapter.
        1. Address numbers, signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
        2. Signs erected by or on behalf of, or pursuant to, the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
        3. Official signs of a non-commercial nature erected by public utilities.
    20. Miscellaneous restrictions and prohibitions. All sign-related provisions set forth in § 14-217(2), (4), (5), (13) (except signs prohibited as set forth in number (ix) above; no internally lit signs, see number (ix) above), (14), (15), (16) and (18) of this section, as later amended, are applicable within the downtown zones, unless otherwise provided in this chapter.

1. Lot dimensions.
   1. Lot size. No minimum.
   2. Lot width. No minimum.
2. Setbacks: Setback from existing utility easements must be observed, otherwise:
   1. Front. Twenty foot (20') maximum from street right-of-way. Building setback preferably should line flush with existing buildings in the district.
   2. Side. Ten foot (10') minimum.
   3. Rear. No minimum. Maximum variable depending upon placement of parking as determined by the Downtown Maryville Design Review Board.
3. Parking. Total coverage cannot exceed thirty percent (30%) of the entire lot. Parking must be placed in the rear of the building. If rear parking is impossible, parking may be placed on one (1) side. Parking shall not be allowed in the front. In those cases where parking adjoins a street, a six foot (6') opaque wall made of appropriate materials, including brick, stone, and other natural materials must be appropriately placed to create a visual edge for pedestrians and motorists. Appropriate landscaping in and around parking lots, including trees may be required.
4. Height. The maximum height for all new buildings shall not exceed either two (2) stories, or thirty feet (30').
5. Windows and doors.
   1. Spacing and size of fenestration shall match that of the other buildings on the same block that were built before 1950;
   2. Windows shall be square or vertical in orientation;
   3. All fenestration, including doors and windows above grade shall be indicative of the period of construction of the building;
   4. Sill and lentils for windows are encouraged; and
   5. True divided light or simulated divided light units are permissible only.
6. Facades.
   1. Substantial removal, alteration, or covering of original facades is not allowed;
   2. Façades composed of brick or masonry shall be re-pointed and cleaned to a condition indicative of their original finish; and
   3. In cases of extreme deterioration, facades may be repaired and painted. Paint colors must be of historic precedent compatible with adjacent properties and approved by the Downtown Maryville Design Review Board. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the review board for all proposed new paint projects, building construction and facade alteration.
7. Materials.
   1. Exterior materials shall be natural stone, wood, brick, or fiber-cement siding with residential scale fenestration. Cut stone is allowed while river rock and stacked stone are not allowed as they are not considered consistent with the buildings downtown.
   2. Veneer materials (i.e., vinyl siding, stucco, and synthetic stucco) are not allowed.
   3. Synthetic materials and stucco may only be allowed on a limited basis for accent, trim and cornices.
8. Signs. Except as stated herein, this section shall supersede § 14-217 of this chapter regarding signs in this zoning district.
   1. Sign area allowed.
      1. Single story buildings. Total signage is based on twenty-five percent (25%) of the side of the property on which the entrance is located. Properties with frontage having feet (50') or less shall be allowed a maximum sign area of twelve (12) square feet. The entrance shall be the door(s) used by customers rather than entrances for purposes of rear deliveries or fire exits.
      2. Two (2) story and taller buildings. The maximum area of signage is calculated above, however, two (2) story buildings double the allowed maximum sign area, three (3) story buildings triple the allowed maximum area, etc. The maximum allowed sign area devoted to one (1) property shall not exceed three hundred (300) square feet, regardless of the number of stories and property frontage. While being limited to the calculations above, no individual sign and no combination of multiple signs on one (1) side of a building shall exceed one hundred fifty (150) square feet. If a building includes multiple uses, only the frontage and stories attributed to the subject sign may be counted. For example, a building with one (1) story of retail and two (2) stories of residential may only count the retail story for the respective retail signs.
   2. Sign area allowances. Businesses may add signs, in addition to the maximum allowed sign area as calculated above, using no more than two (2) of the following sign allowances. All signs using these allowances will require review and approval by planning staff.
      1. Window sign allowance. Each business may have six (6) square feet of signs applied to glass doors/windows.
      2. Awning sign allowance. Imprints of a signage and/or logo shall be allowed on an awning which shall not exceed either: The equivalent of the total twenty-five percent (25%) signage calculation above, or twenty (20) square feet, whichever is less. For example, if the property is allowed to have a ten (10) square foot sign using the twenty-five percent (25%) sign area calculation above, then the property may also have a ten (10) square foot sign or logo printed on an awning. If a building can receive a forty (40) square foot sign using the twenty-five percent (25%) rule, it may also have signage and/or logo on an awning not to exceed twenty (20) square feet.
      3. Projecting sign square footage allowance. Each business may hang one (1) perpendicular sign not to exceed six (6) square feet. Creativity and artwork in the sign design and composition are encouraged. This sign allowance is not trying to create a fake colonial era style of sign or recreate an artificial historical past. Sign designs are encouraged to be compatible to the business' trade or wares. They may be designed as historic, contemporary, cutting edge, futuristic, fun or conservative as the business owners' intend to convey. The underside of the sign must be at least eight feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Such signs must be constructed of wood or a material, such as sign foam, that replicates wood. Signs must have: Either, at least fifty percent (50%) of the surface area sandblasted; or have a combination of sandblasted features and three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area. Signs may be metal if the sign includes sufficient thickness, at least one-half inch (1/2"), not including framing. Thin, flat plastic and metal signs with vinyl lettering and/or decals are not acceptable. Signs must be painted and colors are encouraged. Sign shapes must vary from other hanging signs on the same block to encourage variety. Signs that exceed the six (6) square foot allowance may be allowed if the overage is due to artistic embellishments. Sign brackets used to support the hanging signs also require review and approval by the city. The bracket and the sign cannot project so far as to be a danger to passing pedestrians and vehicles. A professional sign company or artisan experienced with wood construction, carving and painting must fabricate signs.
   3. Directory signs.
      1. Building mounted directory signs. Where several businesses share a building, a directory sign (listing tenant names) may be installed on the building, not to exceed six (6) square feet. The sign area of directory signs will not be subtracted from the property's allowable sign area.
      2. Freestanding directory signs. Where a single or multiple tenant business' entrance(s) do not front a public street or the entrance door is significantly obscured due to topographic, existing landscape, or other orientation of the building making it difficult for motorists to see the entrance, a freestanding directory sign (listing tenant name(s)) may be installed on the same parcel of property. Such sign shall not be taller than three feet (3') to the top of the sign and shall not exceed four (4) square feet per tenant. When there is more than one (1) tenant in a building with the same difficulty of entrance visibility, the tenants must combine their directory signs into a single freestanding directory sign, while still maintaining a maximum of four (4) square feet per tenant. However, such freestanding directory signs shall not exceed a total of twenty-five (25) square feet and shall not exceed a height of five feet (5'). The sign area of directory signs will not be subtracted from the property's allowable sign area.
   4. Freestanding signs. Freestanding signs of not taller than five feet (5') and not greater than twenty-five (25) square feet are allowed. Only indirect/exterior illumination is permissible. Properties that have frontage on Lamar Alexander Parkway may have freestanding signs eight feet (8') tall, but such signs can only be located on the parkway side of the property.
   5. Window signs. Window signs are permissible; however signs shall not exceed thirty percent (30%) of the total window area.
   6. Building mounted signs. Signs can be attached to building facades at street level and shall not be roof mounted.
   7. Perpendicular signs. Perpendicular signs must be at least feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Only one (1) perpendicular sign may be installed per business and such signs shall not exceed ten (10) square feet. If the property originally had a theater marquis, similar marquis signs may be installed if based on pictorial evidence.
   8. Prohibited signs. Neon signs, flashing signs, signs with intermittent lights, rotating signs, LED signs and internally lit signs, are prohibited.
   9. Sign lighting. Only indirect/external lighting is allowed. Light directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly on public right-of-way or residential premises. String lighting may be used for backlighting as defined in this chapter and is permitted as an indirect/external lighting method and may be used for permanent signage.
   10. Awning signs. Imprints of a sign or logo shall be allowed on an awning and will be included in the total signage calculation, with the exception of applicants whom use the awning sign allowance set forth in subsection (6)(h)(ii)(B) above.
   11. Sandwich board sign allowance. Each business may have one (1) sandwich board sign. Sandwich board signs shall be constructed of wood in an "A" shape and be heavy enough so that strong winds do not allow it to blow over. Sandwich boards shall not be left outside of the building when the business closes, or the city may remove and dispose of the sign. Sandwich board signs cannot exceed a height of forty-two inches (42") and shall not exceed seven (7) square feet (per side).
   12. Materials. Lettering and design features of freestanding and wall mounted signs shall have a minimum one-half inch (1/2") in raised finished thickness to present a three (3) dimensional display area.
   13. Sign colors. Excessively bright, fluorescent, or glaring colors are prohibited on signs.
   14. Sign review and permitting. Any new sign application in the downtown zones must be submitted to the planning department staff for review, then forwarded to the sign inspector for issuance of a sign permit.
   15. Signs prohibited in rights-of-way. Permanent or temporary signs shall not be installed in the road right-of-way. Sandwich board signs may be installed on sidewalks as long as they comply with the sandwich board sign allowance above and do not block a clear path along the sidewalk of thirty-six inches (36").
   16. Accessory signage installed to glass. Strobe lights, rotating and/or flashing emergency vehicle-type lights, neon lights strips or window outlines installed within the business and visible to the public, even if not affixed to the glass, is prohibited. Holiday lights installed seasonally are exempt from this requirement.
   17. Nonconforming sign. All sign-related provisions set forth in § 14-217(17), in the City of Maryville Land Development Regulations, and as later amended, are applicable within the downtown zones, unless otherwise addressed in this chapter.
   18. Amortization of nonconforming sign.
       1. A nonconforming sign that exceeds the size and height by more than ten percent (10%) or that is nonconforming in some other way shall, within one (1) year after the effective date of this chapter, be altered to comply with the provisions of this chapter or be removed.
       2. If the nonconformity consists of too many freestanding signs on a single lot or an excess of total sign area on a single lot, the person responsible for the violation may determine which sign or signs need to be altered or removed to bring the development into conformance.
   19. Reconstruction of previous signs. Property owners who propose to reconstruct signs that are clearly documented through photographic evidence or other documentation may occur on their original location. Such reconstructed signs shall be constructed with materials, design detailing and decorative features to match or closely approximate, the original sign. If signs proposed to be reconstructed do not comply with sign regulations of this chapter, the Downtown Maryville Design Review Board will review the applicant's proposal.
   20. Signs excluded from regulation. The following signs are exempt from regulation under this chapter.
       1. Address numbers, signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
       2. Signs erected by or on behalf of, or pursuant to, the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
       3. Official signs of a non-commercial nature erected by public utilities.
   21. Miscellaneous restrictions and prohibitions. All sign-related provisions set forth in § 14-217(2), (4), (5), (13) (except signs prohibited as set forth in number (viii) above; no internally lit signs, see number ix above), (14), (15), (16) and (18) of this chapter as later amended, are applicable within the downtown zones, unless otherwise provided in this ordinance.
9. Accessories/details.
   1. New buildings shall have porches with columns to match the character and detail of the area;
   2. Roof shall be pitched at least four to twelve (4:12) with gables facing the streetscape;
   3. All new construction shall match the single-family residential scale of the zone;
   4. Details such as shutters, balconies, overhangs, exterior lighting, security lighting, etc. must be reviewed and approved by the Downtown Maryville Design Review Board as compatible with the original building facade;
   5. Paint colors must be of historic precedent, compatible with adjacent properties and approved by the Downtown Maryville Design Review Board;
   6. Deteriorated architectural features shall be repaired rather than replaced. The new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical, or pictorial evidence;
   7. Blank walls are discouraged. Painted murals and other wall decorations on elevations may be appropriate as reviewed by the Downtown Maryville Design Review Board; and
   8. Ancillary structures and equipment. HVAC equipment, above ground grease traps, electric generators, fuel tanks, trash compactors, dumpsters, garbage containment areas, storage bins and similar ancillary structures and equipment shall be screened from public roads with landscaping, walls or fences. Proposed screening, ancillary structures and equipment shall be submitted for board review before installation.
10. Demolition. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible. Demolition shall not occur unless one (1) or the more following conditions are met:
    1. If a building has lost its architectural and historical integrity and importance and its removal will not result in a more negative, less appropriate visual effect on the district;
    2. If the denial of the demolition will result in an unreasonable economic hardship on the applicant as determined by the Downtown Maryville Design Review Board;
    3. If the public safety and welfare requires the removal of a structure or building; and
    4. If the structural instability or deterioration of a property is demonstrated through a report by a structural engineer or architect. Such a report must clearly detail the property's physical condition, reasons why rehabilitation is not feasible, and cost estimates for rehabilitation versus demolition. In addition to this report, there shall be a separate report that details future action of this site.
11. Land uses, regardless of use. New developments shall benchmark the existing historic single-family residences and associated small scale businesses.
    1. Residential. Attached homes including single-family residential, apartments, condominiums, and lofts above storefronts are permitted.
    2. Mixed uses. Appropriate uses should accommodate a variety of needs, especially those of residents who live nearby and tourists who visit downtown. Most types of land uses are encouraged in the Office Transition Zone including those for entertainment, employment, service, shopping, and light manufacturing are permitted if the building they are housed in structures meeting all design standards. Scale of proposed developments in comparison to other individual developments in the zone is most important when considering whether or not a use shall be appropriate.
    3. Prohibited uses. Adult establishments, heavy manufacturing, mini-storage, landfill or mining, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function, character, and intent of the Office Transition Zone.

1. Lot dimensions.
   1. Lot size. No minimum.
   2. Lot width. No minimum.
2. Setbacks.
   1. Front. Twenty foot (20') maximum setback to the street right-of-way or greenbelt. Building setback preferably should line flush with existing buildings in the district.
   2. Side. No minimum unless adjacent to residential use; ten foot (10') minimum if adjacent to residential use.
   3. Rear. No minimum. Maximum variable depending upon placement of parking as determined by the Downtown Maryville Design Review Board.
3. Parking. Total coverage cannot exceed thirty percent (30%) of the entire lot. Parking must be placed in the rear of the building. If rear parking is impossible, parking may be placed on one (1) side. Parking shall not be allowed in front. In those cases where parking adjoins a street, a six foot (6') opaque wall made of appropriate materials, including brick, stone, and other natural materials must be appropriately placed to create a visual edge for pedestrians and motorists. Appropriate landscaping in and around parking lots, including trees may be required. Due to the variety of land uses allowed within the downtown districts and the fact that not all uses are specifically identified within the parking standards and regulations table, the land use administrator is hereby authorized to use the parking table as a guide in determining an adequate number of parking spaces for projects within the Heritage Development Zone. When land uses have specific needs or provide special services, the land use administrator shall use discretion in calculating and determining the number of spaces needed and the parking lot coverage to be constructed on-site, and may also consider public and satellite parking that may be available to a specific site in the final design of the parking needed for a particular project.
4. Height. The maximum height for all new buildings shall not exceed three (3) stories, or forty-five feet (45').
5. Windows and doors.
   1. Spacing and size of fenestration shall match that of the other buildings on the same block that were built before 1950;
   2. Windows shall be square or vertical in orientation;
   3. All fenestration, including doors and windows above grade, shall be indicative of the period of construction of the building;
   4. Sill and lentils for windows are encouraged; and
   5. True divided light or simulated divided light units are permissible only.
6. Facades.
   1. Substantial removal, alteration, or covering of original facades is not allowed;
   2. Facades composed of brick or masonry shall be re-pointed and cleaned to a condition indicative of their original finish; and
   3. In cases of extreme deterioration, facades may be repaired and painted. Paint colors must be of historic precedent, compatible with adjacent properties and approved by the Downtown Maryville Design Review Board. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the review board for all proposed new paint projects, building construction and facade alteration.
7. Materials.
   1. Exterior materials shall be wood, stone, brick or fiber-cement siding that resembles horizontal lap siding with residential scale fenestration. Cut stone is allowed while river rock and stacked stone are not allowed as they are not considered consistent with the buildings downtown;
   2. Veneer materials (i.e., vinyl siding, stucco, and synthetic stucco) are not allowed; and
   3. Synthetic materials and stucco may only be allowed on a limited basis for accent, trim and cornices.
8. Signs. Except as stated herein, this section shall supersede § 14-217 of this chapter regarding signs in this zoning district.
   1. Sign area allowed.
      1. Single story buildings. Total signage is based on twenty-five percent (25%) of the side of the property on which the entrance is located. Properties with frontage having fifty feet (50') or less shall be allowed a maximum sign area of twelve (12) square feet. The entrance shall be the door(s) used by customers rather than entrances for purposes of rear deliveries or fire exits.
      2. Two (2) story and taller buildings. The maximum area of signage is calculated above, however, two (2) story buildings double the allowed maximum sign area, three (3) story buildings triple the allowed maximum area, etc. The maximum allowed sign area devoted to one (1) property shall not exceed three hundred (300) square feet, regardless of the number of stories and property frontage. While being limited to the calculations above, no individual sign and no combination of multiple signs on one (1) side of a building shall exceed one hundred fifty (150) square feet. If a building includes multiple uses, only the frontage and stories attributed to the subject sign may be counted. For example, a building with one (1) story of retail and two (2) stories of residential may only count the retail story for the respective retail signs.
   2. Sign area allowances. Businesses may add signs, in addition to the maximum allowed sign area as calculated above, using no more than two (2) of the following sign allowances. All signs using these allowances will require review and approval by planning staff.
      1. Window sign allowance. Each business may have six (6) square feet of signs applied to glass doors/windows.
      2. Awning sign allowance. Imprints of a signage and/or logo shall be allowed on an awning which shall not exceed either: the equivalent of the total twenty-five percent (25%) signage calculation above, or twenty (20) square feet, whichever is less. For example, if the property is allowed to have a ten (10) square foot sign using the twenty-five percent (25%) sign area calculation above, then the property may also have a ten (10) square foot sign or logo printed on an awning. If a building can receive a forty (40) square foot sign using the twenty-five percent (25%) rule, it may have also have signage and/or logo on an awning not to exceed twenty (20) square feet.
      3. Projecting sign square footage allowance. Each business may hang one (1) perpendicular sign not to exceed six (6) square feet. Creativity and artwork in the sign design and composition are encouraged. This sign allowance is not trying to create a fake colonial era style of sign or recreate an artificial historical past. Sign designs are encouraged to be compatible to the business' trade or wares. They may be designed as historic, contemporary, cutting edge, futuristic, fun or conservative as the business owners' intend to convey. The underside of the sign must be at least eight feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Such signs must be constructed of wood or a material, such as sign foam, that replicates wood. Signs must have: either, at least fifty percent (50%) of the surface area sandblasted; or have a combination of sandblasted features and three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area. Signs may be metal if the sign includes sufficient thickness, at least one-half inch (1/2"), not including framing. Thin, flat plastic and metal signs with vinyl lettering and/or decals are not acceptable. Signs must be painted and colors are encouraged. Sign shapes must vary from other hanging signs on the same block to encourage variety. Signs that exceed the six (6) square foot allowance may be allowed if the overage is due to artistic embellishments. Sign brackets used to support the hanging signs also require review and approval by the city. The bracket and the sign cannot project so far as to be a danger to passing pedestrians and vehicles. A professional sign company or artisan experienced with wood construction, carving and painting must fabricate signs.
   3. Directory signs.
      1. Building mounted directory signs. Where several businesses share a building, a directory sign (listing tenant names) may be installed on the building, not to exceed six (6) square feet. The sign area of directory signs will not be subtracted from the property's allowable sign area.
      2. Freestanding directory signs. Where a single or multiple tenant business' entrance(s) do not front a public street or the entrance door is significantly obscured due to topographic, existing landscape, or other orientation of the building making it difficult for motorists to see the entrance, a freestanding directory sign (listing tenant name(s)) may be installed on the same parcel of property. Such sign shall not be taller than three feet (3') to the top of the sign and shall not exceed four (4) square feet per tenant. When there is more than one (1) tenant in a building with the same difficulty of entrance visibility, the tenants must combine their directory signs into a single freestanding directory sign, while still maintaining a maximum of four (4) square feet per tenant. However, such freestanding directory signs shall not exceed a total of twenty-five (25) square feet and shall not exceed a height of five feet (5'). The sign area of directory signs will not be subtracted from the property's allowable sign area.
   4. Freestanding signs. Freestanding signs of not taller than five feet (5') and not greater than twenty-five (25) square feet are allowed. Only indirect/exterior illumination is permissible. Properties that have frontage on Lamar Alexander Parkway may have freestanding signs eight feet (8') tall, but such signs can only be located on the parkway side of the property.
   5. Window signs. Window signs are permissible; however signs shall not exceed thirty percent (30%) of the total window area.
   6. Building mounted signs. Signs can be attached to building facades at street level and shall not be roof mounted.
   7. Perpendicular signs. Perpendicular signs must be at least feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Only one (1) perpendicular sign may be installed per business and such signs shall not exceed ten (10) square feet. If the property originally had a theater marquis, similar marquis signs may be installed if based on pictorial evidence.
   8. Prohibited signs. Neon signs, flashing signs, signs with intermittent lights, rotating signs, LED signs and internally lit signs are prohibited.
   9. Sign lighting. Only indirect/external lighting is allowed. Light directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly on public right-of-way or residential premises. String lighting may be used for backlighting as defined in this ordinance and is permitted as an indirect/external lighting method and may be used for permanent signage.
   10. Awning signs. Imprints of a sign or logo shall be allowed on an awning and will be included in the total signage calculation, with the exception of applicants whom use the awning sign allowance set forth in subsection (7)(h)(ii)(B) above;
   11. Sandwich board sign allowance. Each business may have one (1) sandwich board sign. Sandwich board signs shall be constructed of wood in an "A" shape and be heavy enough so that strong winds do not allow it to blow over. Sandwich boards shall not be left outside of the building when the business closes, or the city may remove and dispose of the sign. Sandwich board signs cannot exceed a height of forty-two inches (42") and shall not exceed seven (7) square feet (per side).
   12. Materials. Lettering and design features of freestanding and wall mounted signs shall have a minimum one-half inch (1/2") in raised finished thickness to present a three (3) dimensional display area.
   13. Sign colors. Excessively bright, fluorescent, or glaring colors are prohibited on signs.
   14. Sign review and permitting. Any new sign application in the downtown zones must be submitted to the planning department staff for review then forwarded to the sign inspector for issuance of a sign permit.
   15. Signs prohibited in rights-of-way. Permanent or temporary signs shall not be installed in the road right-of-way. Sandwich board signs may be installed on sidewalks as long as they comply with the sandwich board sign allowance above and do not block a clear path along the sidewalk of thirty-six inches (36").
   16. Accessory signage installed to glass. Strobe lights, rotating and/or flashing emergency vehicle-type lights, neon lights strips or window outlines installed within the business and visible to the public, even if not affixed to the glass, is prohibited. Holiday lights installed seasonally are exempt from this requirement.
   17. Nonconforming sign. All sign-related provisions set forth in § 14-217(17), in the City of Maryville Land Development Regulations, and as later amended, are applicable within the downtown zones, unless otherwise addressed in this chapter.
   18. Amortization of nonconforming sign.
       1. A nonconforming sign that exceeds the size and height by more than ten percent (10%) or that is nonconforming in some other way shall, within one (1) year after the effective date of this chapter, be altered to comply with the provisions of this section or be removed.
       2. If the nonconformity consists of too many freestanding signs on a single lot or an excess of total sign area on a single lot, the person responsible for the violation may determine which sign or signs need to be altered or removed to bring the development into conformance.
   19. Reconstruction of previous signs. Property owners who propose to reconstruct signs that are clearly documented through photographic evidence or other documentation may occur on their original location. Such reconstructed signs shall be constructed with materials, design detailing and decorative features to match or closely approximate the original sign. If signs proposed to be reconstructed do not comply with sign regulations of this chapter, the Downtown Maryville Design Review Board will review the applicant's proposal.
   20. Signs excluded from regulation. The following signs are exempt from regulation under this section:
       1. Address numbers, signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
       2. Signs erected by or on behalf of, or pursuant to, the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
       3. Official signs of a non-commercial nature erected by public utilities.
   21. Miscellaneous restrictions and prohibitions. All sign-related provisions set forth in § 14-217(2), (4), (5), (13) (except signs prohibited as set forth in number viii above; no internally lit signs, see number (ix) above), (14), (15), (16) and (18) of this chapter as later amended, are applicable within the downtown zones, unless otherwise provided in this chapter.
9. Accessories/details.
   1. New construction should be sensitive to the historic quality and restored nature of adjacent zones. Details such as shutters, balconies, overhangs, exterior lighting, security lighting, etc. must be reviewed and approved by the Downtown Maryville Design Review Board as compatible with the original building facade.
   2. Where applicable, deteriorated architectural features shall be repaired rather than replaced. The new materials should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical, or pictorial evidence.
   3. Blank walls are discouraged. Painted murals and other wall decorations on elevations may be appropriate as reviewed by the Downtown Maryville Design Review Board.
   4. Ancillary structures and equipment. HVAC equipment, above ground grease traps, electric generators, fuel tanks, trash compactors, dumpsters, garbage containment areas, storage bins and similar ancillary structures and equipment shall be screened from public roads with landscaping, walls or fences. Proposed screening, ancillary structures and equipment shall be submitted for board review before installation.
10. Demolition. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible. Demolition shall not occur unless one (1) or more of the following conditions are met:
    1. If a building has lost its architectural and historical integrity and importance and its removal will not result in a more negative, less appropriate visual effect on the district;
    2. If the denial of the demolition will result in an unreasonable economic hardship on the applicant as determined by the Downtown Maryville Design Review Board;
    3. If the public safety and welfare requires the removal of a structure or building; and
    4. If the structural instability or deterioration of a property is demonstrated through a report by a structural engineer or architect. Such a report must clearly detail the property's physical condition, reasons why rehabilitation is not feasible, and cost estimates for rehabilitation versus demolition. In addition, to this report, there shall be a separate report that details future action of this site.
11. Land uses. The Heritage Development Zone shall provide opportunities for festivals, heritage-related businesses, and greenbelt uses to attract tourists and local residents to the area.
    1. Residential. Attached homes including apartments, condominiums, and lofts above storefronts are permitted. Single-family detached housing is not appropriate in this zone.
    2. Mixed uses. Most types of land uses in the Heritage Development Zone are encouraged including those for entertainment, employment, service, shopping, light manufacturing, cultural, heritage oriented activities, museums and tourist types of development.
    3. Prohibited uses. Adult establishments, heavy manufacturing, mini-storage, landfill or mining, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function, character, and intent of the Heritage Development Zone.

1. Lot dimensions.
   1. Lot size. No minimum.
   2. Lot width. No minimum.
2. Setbacks. Setback from existing utility easements must be observed, otherwise:
   1. Front. Twenty foot (20') maximum setback to the street or greenbelt.
   2. Side. Ten foot (10') maximum; no minimum.
   3. Rear. No minimum, maximum variable, depending upon placement of parking as reviewed by the Maryville Design Review Board.
3. Parking. Total coverage cannot exceed thirty percent (30%) of the entire lot. Parking must be placed on the side of the building that is determined to be most out of the public view by the Downtown Maryville Design Review Board. Parking shall not be allowed to impede the beauty of greenbelt views, nor destroy the potential for an "edge" on downtown streets. In those cases where parking must adjoin a street, a six foot (6') opaque wall built of appropriate materials, including brick, stone, and other natural materials shall be appropriately placed to create a visual edge for pedestrians and motorists. Appropriate landscaping in and around parking lots, including trees, may be required.
4. Height. Maximum allowable building height shall not exceed seventy feet (70') measured from the finished grade at the front of the building to the highest point on the façade.
5. Windows and doors.
   1. Spacing and size of fenestration shall match that of the other buildings on the same block that were built before 1950;
   2. Windows shall be square or vertical in orientation;
   3. All fenestration, including doors and windows above grade shall be indicative of the period of construction of the building;
   4. Sills and lentils for windows are encouraged; and
   5. True divided light or simulated divided light units are permissible only.
6. Facades.
   1. Facades shall be "pedestrian scale." Pedestrian scale is defined as a size (of building, space) that a pedestrian perceives as not dominating or overpowering;
   2. Substantial removal, alteration, or covering or original facades shall not be permitted;
   3. Facades composed of brick or masonry must be re-pointed and cleaned to a condition indicative of their original finish;
   4. In cases of extreme deterioration, facades may be repaired and painted; paint colors must be of historic precedent, compatible with adjacent properties and approved by the Downtown Maryville Design Review Board. Applicants must submit paint chips, brick samples, awning fabric samples, etc. to the review board for all proposed new paint projects, building construction and facade alteration; and
   5. Awnings, may be applied and are encouraged, but must be solid or two (2) color, angled or scalloped type only and compatible with the architecture and color palette.
7. Materials.
   1. Natural stone, brick, wood and fiber-based siding that resembles horizontal lap siding should be used for all buildings in the Central Business District Support Zone;
   2. Veneer materials are not allowed (i.e., vinyl siding, metal facade covering, stucco, and synthetic stucco); and
   3. Synthetic materials and stucco may only be allowed on a limited basis for accent, trim and cornices.
8. Signs. Except where stated herein, the following restrictions and rules supersede the provisions of the general sign section found in § 14-217 of this chapter in this zoning district.
   1. Sign area allowed.
      1. Single story buildings. Total signage is based on twenty-five percent (25%) of the side of the property on which the entrance is located. Properties with frontage having fifty feet (50') or less shall be allowed a maximum sign area of twelve (12) square feet. The entrance shall be the door(s) used by customers rather than entrances for purposes of rear deliveries or fire exits.
      2. Two (2) story and taller buildings. The maximum area of signage is calculated above, however, two (2) story buildings double the allowed maximum sign area, three (3) story buildings triple the allowed maximum area, etc. The maximum allowed sign area devoted to one (1) property shall not exceed three hundred (300) square feet, regardless of the number of stories and property frontage. While being limited to the calculations above, no individual sign and no combination of multiple signs on one (1) side of a building shall exceed one hundred fifty (150) square feet. If a building includes multiple uses, only the frontage and stories attributed to the subject sign may be counted. For example, a building with one (1) story of retail and two (2) stories of residential may only count the retail story for the respective retail signs.
   2. Sign area allowances. Businesses may add signs, in addition to the maximum allowed sign area as calculated above, using no more than two (2) of the following sign allowances. All signs using these allowances will require review and approval by planning staff.
      1. Window sign allowance. Each business may have six (6) square feet of signs applied to glass doors/windows.
      2. Awning sign allowance. Imprints of a signage and/or logo shall be allowed on an awning which shall not exceed either: the equivalent of the total twenty-five percent (25%) signage calculation above, or twenty (20) square feet, whichever is less. For example, if the property is allowed to have a ten (10) square foot sign using the twenty-five percent (25%) sign area calculation above, then the property may also have a ten (10) square foot sign or logo printed on an awning. If a building can receive a forty (40) square foot sign using the twenty-five percent (25%) rule, it may have also have signage and/or logo on an awning not to exceed twenty (20) square feet.
      3. Projecting sign square footage allowance. Each business may hang one (1) perpendicular sign not to exceed six (6) square feet. Creativity and artwork in the sign design and composition are encouraged. This sign allowance is not trying to create a fake colonial era style of sign or recreate an artificial historical past. Sign designs are encouraged to be compatible to the business' trade or wares. They may be designed as historic, contemporary, cutting edge, futuristic, fun or conservative as the business owners' intend to convey. The underside of the sign must be at least eight feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Such signs must be constructed of wood or a material, such as sign foam, that replicates wood. Signs must have: either, at least fifty percent (50%) of the surface area sandblasted; or have a combination of sandblasted features and three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area. Signs may be metal if the sign includes sufficient thickness, at least one-half inch (1/2"), not including framing. Thin, flat plastic and metal signs with vinyl lettering and/or decals are not acceptable. Signs must be painted and colors are encouraged. Sign shapes must vary from other hanging signs on the same block to encourage variety. Signs that exceed the six (6) square foot allowance may be allowed if the overage is due to artistic embellishments. Sign brackets used to support the hanging signs also require review and approval by the city. The bracket and the sign cannot project so far as to be a danger to passing pedestrians and vehicles. A professional sign company or artisan experienced with wood construction, carving and painting must fabricate signs.
   3. Directory signs.
      1. Building mounted directory signs. Where several businesses share a building, a directory sign (listing tenant names) may be installed on the building, not to exceed six (6) square feet. The sign area of directory signs will not be subtracted from the property's allowable sign area.
      2. Freestanding directory signs. Where a single or multiple tenant business' entrance(s) do not front a public street or the entrance door is significantly obscured due to topographic, existing landscape, or other orientation of the building making it difficult for motorists to see the entrance, a freestanding directory sign (listing tenant name(s)) may be installed on the same parcel of property. Such sign shall not be taller than three feet (3') to the top of the sign and shall not exceed four (4) square feet per tenant. When there is more than one (1) tenant in a building with the same difficulty of entrance visibility, the tenants must combine their directory signs into a single freestanding directory sign, while still maintaining a maximum of four (4) square feet per tenant. However, such freestanding directory signs shall not exceed a total of twenty-five (25) square feet and shall not exceed a height of five feet (5'). The sign area of directory signs will not be subtracted from the property's allowable sign area.
   4. Freestanding signs. Freestanding signs of not taller than five feet (5') and not greater than twenty-five (25) square feet are allowed. Only indirect/exterior illumination is permissible. Properties that have frontage on Lamar Alexander Parkway may have freestanding signs eight feet (8') tall, but such signs can only be located on the parkway side of the property.
   5. Window signs. Window signs are permissible; however, signs shall not exceed thirty percent (30%) of the total window area.
   6. Building mounted signs. Signs can be attached to building facades at street level and shall not be roof mounted.
   7. Perpendicular signs. Perpendicular signs must be at least feet (8') above the sidewalk, but the underside of the sign must not be more than twelve feet (12') above the sidewalk. Only one (1) perpendicular sign may be installed per business and such signs shall not exceed ten (10) square feet. If the property originally had a theater marquis, similar marquis signs may be installed if based on pictorial evidence.
   8. Prohibited signs. Neon signs, flashing signs, signs with intermittent lights, rotating signs, LED signs and internally lit signs are prohibited.
   9. Sign lighting. Only indirect/external lighting is allowed. Light directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly on public right-of-way or residential premises. String lighting may be used for backlighting as defined in this ordinance and is permitted as an indirect/external lighting method and may be used for permanent signage.
   10. Awning signs. Imprints of a sign or logo shall be allowed on an awning and will be included in the total signage calculation, with the exception of applicants whom use the awning sign allowance set forth in subsection (8)(h)(ii)(B) above;
   11. Sandwich board sign allowance. Each business may have one (1) sandwich board sign. Sandwich board signs shall be constructed of wood in an "A" shape and be heavy enough so that strong winds do not allow it to blow over. Sandwich boards shall not be left outside of the building when the business closes, or the city may remove and dispose of the sign. Sandwich board signs cannot exceed a height of forty-two inches (42") and shall not exceed seven (7) square feet (per side).
   12. Materials. Signs shall be constructed of natural materials such as wood, brick, or stone, etched glass or constructed of materials that successfully replicate these natural materials. However, professional painted metal signs are also acceptable provided they have a finished thickness of at least one-half inch (1/2") achieved by mounting the metal sign on a substrate or by having a frame. Metal signs must have three (3) dimensional artwork embellishments covering up to at least fifty percent (50%) of the sign area.
   13. Sign colors. Excessively bright, fluorescent, or glaring colors are prohibited on signs.
   14. Sign review and permitting. Any new sign application in the downtown zones must be submitted to the planning department staff for review then forwarded to the sign inspector for issuance of a sign permit.
   15. Signs prohibited in rights-of-way. Permanent or temporary signs shall not be installed in the road right-of-way. Sandwich board signs may be installed on sidewalks as long as they comply with the sandwich board sign allowance above and do not block a clear path along the sidewalk of thirty-six inches (36").
   16. Accessory signage installed to glass. Strobe lights, rotating and/or flashing emergency vehicle-type lights, neon lights strips or window outlines installed within the business and visible to the public, even if not affixed to the glass, is prohibited. Holiday lights installed seasonally are exempt from this requirement.
   17. Nonconforming sign. All sign-related provisions set forth in § 14-217(17), in the City of Maryville Land Development Regulations, and as later amended, are applicable within the downtown zones, unless otherwise addressed in this chapter.
   18. Amortization of nonconforming sign.
       1. A nonconforming sign that exceeds the size and height by more than ten percent (10%) or that is nonconforming in some other way shall, within one (1) year after the effective date of this chapter, be altered to comply with the provisions of this chapter or be removed.
       2. If the nonconformity consists of too many freestanding signs on a single lot or an excess of total sign area on a single lot, the person responsible for the violation may determine which sign or signs need to be altered or removed to bring the development into conformance.
   19. Reconstruction of previous signs. Property owners whom propose to reconstruct signs that are clearly documented through photographic evidence or other documentation may occur on their original location. Such reconstructed signs shall be constructed with materials, design detailing and decorative features to match or closely approximate the original sign. If signs proposed to be reconstructed do not comply with sign regulations of this chapter, the Downtown Maryville Design Review Board will review the applicant's proposal.
   20. Signs excluded from regulation. The following signs are exempt from regulation under this section.
       1. Address numbers, signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
       2. Signs erected by or on behalf of, or pursuant to, the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.
       3. Official signs of a non-commercial nature erected by public utilities.
   21. Miscellaneous restrictions and prohibitions. All sign-related provisions set forth in § 14-217(2), (4), (5), (13) (except signs prohibited as set forth in number (viii) above; no internally lit signs, see number (ix) above), (14), (15), (16) and (18) of this chapter as later amended, are applicable within the downtown zones, unless otherwise provided in this chapter.
9. Accessories/details.
   1. Details such as shutters, balconies, overhangs, exterior lighting, security lighting, etc. must be reviewed and approved by the Maryville Downtown Design Review Board as compatible with the design guidelines of the zone and its compatibility with adjacent properties;
   2. An "edge" must be created for all properties with street planting and/or walls where deemed appropriate by the Downtown Maryville Design Review Board;
   3. New construction shall be sensitive to the historic quality and restored nature of adjacent zones;
   4. Deteriorated architectural features shall be repaired rather than replaced. The new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical, or pictorial evidence; and
   5. Blank walls are discouraged. Painted murals and other wall decorations on elevations may be appropriate as reviewed by the Downtown Maryville Design Review Board.
   6. Ancillary structures and equipment. HVAC equipment, above ground grease traps, electric generators, fuel tanks, trash compactors, dumpsters, garbage containment areas, storage bins and similar ancillary structures and equipment shall be screened from public roads with landscaping walls or fences. Proposed screening, ancillary structures and equipment shall be submitted for board review before installation.
10. Demolition. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible. Demolition shall not occur unless one (1) or the more following conditions are met:
    1. If a building has lost its architectural and historical integrity and importance, and its removal will not result in a more negative, less appropriate visual effect on the district;
    2. If the denial of the demolition will result in an unreasonable economic hardship on the applicant as determined by the design review board;
    3. If the public safety and welfare requires the removal of a structure or building; and
    4. If the structural instability or deterioration of a property is demonstrated through a report by a structural engineer or architect. Such a report must clearly detail the property's physical condition, reasons why rehabilitation is not feasible, and cost estimates for rehabilitation versus demolition. In addition to this report, there shall be a separate report that details future action of this site.
11. Land uses. Because of the immense scale and proximity to the "big" side of the greenbelt, a wide variety of developments will be appropriate, including larger buildings.
    1. Residential. Attached homes including apartments, condominiums, and lofts above storefronts are permitted. Single-family detached housing is not appropriate in this zone.
    2. Mixed uses. Appropriate uses should accommodate a variety of needs, especially those of residents who live nearby and tourists who visit downtown. Most types of land uses are encouraged in the Central Business District support zone including those for entertainment, employment, service, shopping, liquor stores and light manufacturing are permitted if the building they are housed in structures meeting all design standards. New developments should take full advantage of the close proximity to the greenbelt and the proximity of the Central Business District. Scale of proposed developments in comparison to other individual developments in the zone is most important when considering whether or not a use shall be appropriate.
    3. Prohibited uses. Adult establishments, heavy manufacturing, mini-storage, landfill or mining, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function, character, and intent of the Central Business District Support Zone.

1. Lot dimensions.
   1. Minimum lot area. All lots shall be at least fourteen thousand (14,000) square feet in area.
   2. Setbacks shall be consistent with the maintenance of existing setbacks of adjacent structures, and compatible with the massing, scale, size and architectural features of such structures.
   3. Lot frontage. Every lot shall be provided with a minimum of sixty feet (60') of frontage on an existing or new public/private street as provided in § 14-214(7).
   4. Flag lots, creation of flag lots may not be permitted within the College Hill Historic District, unless a continuous width along the narrow (access) portion of the lot is at least sixty feet (60') wide.
2. The "College Hill Historic District Design Guidelines" were adopted to regulate the following items in the College Hill Historic District: Landscaping, driveways, parking lots, fencing, lighting, signs, foundation walls, porch location, porch flooring, porch columns, porch railing, exterior stairs, exterior staircases, handicap ramps, entrances, entrance elements, screen and storm doors, windows, storm windows, exterior shutters and blinds, siding, roof forms, roof materials, chimneys, ornamentation, paint awnings, HVAC, satellite dishes, solar panels, recreational structures, new construction, reconstruction, height, porch configuration, doors and windows, setbacks, rhythm, building materials, entrances, additions, roof forms, relocation and demolition.
3. Land uses, single-family only. In order to maintain the integrity and to recognize the fragility of the College Hill Historic District, there must not be further conversion of homes from single-family to duplexes or multiplexes.
   1. Residential. Existing duplexes and apartments at the time of this chapter's passage may be grandfathered uses. Otherwise, only single-family residential uses will be allowed within the entirety of the College Hill Historic District.
   2. Mixed uses. Mixed use development is prohibited in the College Hill Historic District.
   3. Prohibited uses. All uses except single-family residential uses.

Zoning districts - High Intensity Commercial District. The High Intensity Commercial District is a highly visible commercial zone which will accommodate large scale conglomerate developments consisting of at least twelve (12) stores or parcels and at least five (5) acres in area. The district encourages mixed use developments including department stores, multi-family residential, assisted living, family entertainment uses, specialty stores, and theme or fast food restaurants. The district will serve both local and regional markets, and shall be located only where traffic can be absorbed on or along major arterial highways.

1. Lot dimensions.
   1. Lot size. No minimum.
   2. Lot width. No minimum.
2. Setbacks. Setback from existing utility easements must be observed, otherwise:
   1. Front. Forty foot (40') minimum setback from property line.
   2. Side. No minimum unless abutting residential uses; twenty-five feet (25') if abutting residential uses.
   3. Rear. Ten foot (10') minimum if not abutting residential uses; twenty-five feet (25') if abutting residential uses.
3. Parking. Total coverage cannot exceed forty-five percent (45%) of the entire lot.
4. Height. The maximum height for all new buildings shall not exceed either three (3) stories or forty-five feet (45').

5. Signs, shared tenant sign. A sign shared by some or all occupants in the development. Each development in the HIC zone may have a shared tenant sign installed on each street frontage with the following maximum dimensions:

   1. One (1) sign with a thirty-foot (30') maximum height/three hundred (300) square feet maximum area (if located outside the Parkway District Overlay Zone) shall be allowed for the entire development.
   2. Up to three (3) signs with a twenty-foot (20') maximum height/one hundred (100) square feet maximum area (if located outside the Parkway District Overlay Zone) shall be allowed along each street frontage on the exterior of the development (if bounded by four (4) or more streets, only three (3) signs will be allowed, one (1) for each street frontage).
   3. Within Parkway District Overlay Zone, twenty-foot (20') maximum height/seventy-five (75) square feet maximum area for all shared tenant signs.

   Conditions:

   1. Each shared tenant sign must observe the minimum setback of ten feet (10') from the property line/right-of-way line.
   2. Flashing or intermittent lights other than time and temperature shall not be permitted.
   3. The developer or property owner will determine which business signage will be attached to such sign provided that the maximum surface area and height are not exceeded.
   4. Changeable copy (message signs) shall not be allowed.
   5. Shared tenant signs located off premises may be allowed if an easement has direct access to the development.

   Freestanding signs:

   1. Shall only be allowed for individual lots inside the high intensity development.
   2. One (1) freestanding monument sign not exceeding five feet (5') in height and twenty-five (25) square feet in area (monument style) shall be allowed on individual lots.

   Building signs:

   1. If business has one (1) side of street frontage: Square footage allowed for building signs shall be determined by multiplying the number of linear feet of frontage of the lot by one foot (1'), not to exceed a total of two hundred (200) square feet.
   2. If a business has two (2) sides of street frontage: Square footage allowed for building signs shall be determined by multiplying the number of linear feet of frontage of the lot by one foot (1'), not to exceed a total of one hundred fifty (150) square feet for each side of street frontage.
6. Land uses conditions. Property must already be zoned business transportation; property must have more than twelve (12) individual businesses within the lot or development and at have least five (5) acres; and road frontage connected to development must be at least four hundred feet (400').
   1. Residential. Attached homes including apartments, condominiums and lofts above storefronts are encouraged. Single-family detached housing is prohibited in this zone.
   2. Mixed uses. Because of the large scale of development, appropriate land uses should accommodate a variety of regional needs, especially those for employment, liquor stores (retail, dining, shopping, etc. and other high-visibility/high intensity commercial uses).
   3. Prohibited uses. Adult establishments, heavy manufacturing, mini-storage, landfill or mining, mobile home parks, hazardous occupancies or storage of hazardous materials, or any uses not determined to be compatible with the function and intent of the High Intensity Commercial Zone.

This section shall supersede all other City of Maryville ordinances related to planning signs and land use control.

1. Land uses. The Oak Park Historic District shall not change adopted underlying zoning district categories at the time of the Oak Park Historic District's passage, nor preclude property owners from seeking future variances, rezonings and/or special exceptions available by law. At the time of the Oak Park Historic District's passage, the historic district includes property zoned residential, office and business and transportation. Within Zone I, "residential," further conversion of single-family homes into duplexes and multi-family uses shall be prohibited and new development is restricted to allow only single-family homes. The Oak Park Historic District Design Guidelines shall apply to Zone I, "residential." Within Zone II, "business and transportation" and Zone VI, "office," all applicable land development regulations set forth in the Maryville Land Development Regulations shall apply to property and their respective zoning districts within the historic district boundaries with the addition of the Oak Park Historic District Design Guidelines. In instances where the land development regulations conflict with the Oak Park Historic District Design Guidelines, the design guidelines shall prevail.
2. Lot dimensions. The lot sizes shall be a minimum of sixteen thousand (16,000) square feet if used for residential purposes, regardless of the underlying zoning category. The minimum lot sizes of property within the Oak Park Historic District used for non-residential uses shall comply with § 14-214(1). In addition, all lot dimensions shall be consistent with the maintenance of existing setbacks of adjacent structures and shall be compatible with the massing, scale, size and architectural features of such structures.
3. The "Oak Park Historic Design Guidelines" were adopted to regulate the following items in the Oak Park Historic District: landscaping, driveways, parking lots, fencing, lighting, signs, foundation walls, porch location, porch flooring, porch columns, porch railing, exterior stairs, exterior staircases, handicap ramps, entrances, entrance elements, screen and storm doors, windows, storm windows, exterior shutters and blinds, siding, roof forms, roof materials, chimneys, ornamentation, paint, awnings, HVAC, satellite dishes, solar panels, recreational structures, new construction, reconstruction, height, and demolition. The "Oak Park Historic Design Guidelines" are incorporated herein by reference.

1. Lot dimensions. All newly created lots shall have a minimum lot size of one (1) acre (forty-three thousand, five hundred sixty (43,560) square feet) regardless of the availability of a sanitary sewer system provided by the public. All private sewer systems shall meet the same minimum lot size.
2. Setbacks.
   1. Front. All structures shall be no less than thirty feet (30') from any public right-of-way.
   2. Side. Single story dwellings shall be no less than ten feet (10') from the side yard. For dwellings of more than one (1) story, there shall be a side yard requirement of not less than fifteen feet (15').
   3. Rear. Primary structures shall be no less than twenty-five feet (25').
   4. Unattached accessory buildings shall not be located closer to any rear or side lot line than ten feet (10'). In no case shall an accessory building be located in the front yard. Where the high point of the roof exceeds twelve feet (12') in height, the accessory building shall be setback from the lot boundary lines an additional two feet (2') for every foot of height exceeding twelve feet (12').
3. Land uses.
   1. Permitted uses. Single-family residential structures are permitted, but this use does not include mobile homes as defined by § 14-202 of this document. Home occupations uses are permitted in the Estate Zone if they meet with criteria set forth in § 14-202 thereof.
   2. Prohibited uses. Uses not listed in the permitted section are prohibited.
   3. Special uses. Nothing in this section shall prohibit uses authorized and protected by state and federal legislation; as an example churches, synagogues, or temples shall be considered a special exception use and shall be subject to the provision found in § 14-204(9) special exceptions permits.
4. Height. The maximum height for all new structures shall be thirty-five feet (35'). All other height provisions and regulations found in this chapter shall apply where applicable.
5. Lot width. There shall be a minimum lot width of one hundred fifty feet (150') at the front building line.

1. Lot size and location. All newly created High Density Residential District lots or tracts shall contain a minimum of ten (10) acres and either have:

   1. Frontage along U.S. Highway 321 West or U.S. Highway 411 South between Foothills Mall Drive to the corporate limits; or
   2. Have frontage along a collector street, as defined by the city's 2006 major road plan, between Foothills Mall Drive and the corporate limits and connect to or intersect with U.S. Highway 321 West or U.S. Highway 411 South with a minimum classification of a collector street that is eight hundred (800) linear feet or less.

   All lots shall be available to public sanitary sewer systems and water systems.

2. Setbacks and height requirements.
   1. Front. All structures shall be no closer than one hundred feet (100') from any public right-of-way or proposed right-of-way fifty feet (50') in width or greater.
   2. Side. No structure shall be built within fifty feet (50') of any property line regardless of height, except where interior lot lines are common to parcels each zoned High Density Residential, in which case the side yard setback may be reduced to twenty-five feet (25').
   3. Height. Multi-family residential buildings containing four (4) or more dwelling units may not exceed thirty-five feet (35') unless the fire chief, or his designee, certifies to the permit issuing authority that such a building is designed to provide adequate protection against the dangers of fire. In the event that the property or a portion of the property is within the Parkway Overlay District, that portion of the property shall be limited to a maximum height of thirty-five feet (35').
   4. Chimneys shall be allowed to exceed the height limitation.
3. Lot frontage and lot width. There shall be a minimum requirement of one hundred fifty feet (150') at the building width and each lot shall front a public right-of-way with a minimum lot frontage of no less than one hundred feet (100').
4. Total gross floor area and open space.
   1. The total developed gross floor area of all primary and accessory uses and structures shall not exceed forty percent (40%) of the total site area.
   2. A total of one and one-half (1-1/2) acres shall be set aside for useable play area for all residents of the High Density Residential District. Enclosed sauna and exercise rooms, meeting or activity rooms, and clubhouses are recreational areas that shall not satisfy the open space requirements. Unenclosed recreational facilities such as tennis courts, racquet ball courts, and swimming pools are uses that will satisfy this requirement.
   3. All open space shall be maintained in one (1) of the following methods:
      1. By the developer or management authority of the development; or
      2. A homeowner's association established by deed restriction.
   4. All common space within the High Density Residential Development shall be maintained by the developer or management authority of the development.
5. Land uses.
   1. Permitted uses. All multi-family apartments and multi-family residences as defined in § 14-202(1) of this chapter. Accessory structures normally associated with large acreage developments, which may include, but not limited to, swimming pools, laundry rooms, clubhouses, etc. All proposed commercial and retail activities shall be reviewed and approved by the board of zoning appeals. All signage pertaining to the commercial area shall be regulated by the board of zoning appeals and not subject to the city's general ordinance regarding signs.
   2. Prohibited uses. All uses not listed in the permitted section are prohibited and have been determined to be incompatible with the function, character and intent of the High Density Residential District.
6. Density. The minimum building site area for dwellings shall be one (1) lot or parcel of ten (10) acres or greater. The maximum density permitted shall not exceed thirteen (13) units per acre.
7. Conditions and other performance requirements. If deemed necessary by the planning commission a detailed analysis and study of the public and private infrastructure serving the parcel shall be performed by the developer's engineer and consultants prior to any request to rezone or designate any property High Density Residential.
8. Design standards. The following standards shall apply to the design of attached multi-family, accessory commercial uses and accessory structures within high-density residential zones.
   1. Wall and roof planes and materials. No flat-faced concrete block is allowed on exterior walls of any structure that face adjacent single-family uses or public roads. No flat roofs are allowed if the structure exceeds more than one (1) story, except for portions of roofs constructed as parapet walls to conceal HVAC equipment.
   2. Any of the following elements shall repeat no less than thirty feet (30'), both horizontally and vertically: changes of wall and roof planes with at least a three foot (3') projection or recess; patios; porches; awnings; stairwells, entrances; color change; construction material change; chimney; or bay-style windows that project at least two feet (2'). Elements that are not acceptable as a means to comply with the requirement above include: gutter downspouts; garage doors; retaining walls; common hallways parallel to outside walls not including stairwells; window and door frames; shutters; structural or decorative columns; or narrow extensions (less than three feet (3') wide) of fire walls. Garage doors shall be flush or recessed back from walls that contain living space.
   3. Dumpsters. Dumpsters shall be required for developments containing more than three (3) units. All dumpsters must be screened but flat-faced block is not allowed.
   4. Stairs. Stairwells shall be covered and integrated within the building envelope.
   5. HVAC equipment. HVAC equipment shall meet the building setback dimensions. If wall mounted HVAC are proposed to serve multi-family units above the ground floor level, screening shall be incorporated into the wall to conceal the equipment. Large ground mounted HVAC condensers shall be located or mitigated through construction of a sound absorption enclosure to minimize noise to abutting single-family residential uses.
   6. Roof vents. Roof vents shall be painted to match the roofing material color.
   7. External wall and roof mounted lights. External wall or roof mounted flood lights shall not be installed on walls that face abutting single-family residential uses.
   8. Perimeter fences. Fences constructed along property lines that abut single-family uses and public roads shall not be constructed of unfinished concrete block, chain link or other similar metal material and shall not have a continuous plane of more than one hundred feet (100'). Reveals or projections (at least two feet (2') deep and two feet (2') wide), wall offsets of at least three feet (3'), or evergreen trees (at least eight feet (8') tall at planting within the property line) shall be used at least every one hundred feet (100') on the outside of the fence. The exterior material, color and structural integrity of perimeter fences and landscaping shall be maintained by the developer or management authority of the development, or by a homeowner's association established by deed restriction.
   9. Landscaping. Development of multi-family units must provide a landscape buffer around all property lines except the main frontage road. Such landscape buffer shall meet the landscaping and lighting specifications set forth in § 14-213(6) . In addition, all development of multi-family units in a High Density Residential Districts shall provide and maintain an area or areas of landscaping at least ten percent (10%) of the parcel's gross area. Such landscaped area shall be comprised with a minimum planting of grass and stormwater detention/retention areas shall not be applied toward this requirement. In addition, at least one (1), two-inch (2") caliper tree shall be planted anywhere on the parcel for every two thousand (2,000) square feet of paved area (paved areas include private streets, parking spaces, driveways, and paved storage areas. Preservation of existing trees may be applied toward this requirement. Areas of landscaping that are planted in order to satisfy the landscape buffer requirements noted above, may be applied toward the minimum ten percent (10%) landscape area requirement.
9. Road access. If the property abuts two (2) or more roads, the development shall provide access to at least two (2) of the roads. If the property only abuts one (1) road, the main road integral to the project shall be looped.

1. Dimensions. All newly created lots shall have a minimum lot size of one (1) acre (forty-three thousand, five hundred sixty (43,560) square feet) regardless of the availability of a sanitary sewer system provided by the public. All private sewer systems shall meet the same minimum lot size.
2. Setbacks. All setback provisions are found in § 14-213(7) of this chapter.
3. Lot width. There shall be a minimum lot width of one hundred (100) linear feet at the front building line.
4. Height. The maximum height for all new structures shall have a fifty-five foot (55') height limitation. All other height provisions and regulations found in § 14-213(8) shall apply where applicable.
5. Land uses.
   1. Permitted uses. Without limiting the generality of the following list, the following uses are examples of businesses, operations, and facilities within the Industrial Zone: general warehousing and storage; lumber yard and building materials, storage; scrap and salvage operations; incinerators; production and storage of chemicals and associated products; petroleum bulk storage distribution facilities and operations; assembly; processing manufacturing; production; fabrication; creating of merchandise, products, and goods for assembly or sale, or uses determined compatible by the board zoning appeals. Auto body shops for damage and collision repair shall be permitted within the Industrial Districts. Said uses shall be in accordance with commercial design guidelines, commercial fencing regulations and all other applicable regulations found within this chapter.
   2. Prohibited uses. All uses that are not listed in the permitted section or determined by the land use administrator or board of zoning appeals to be incompatible with the function, character, and intent of the Industrial Zone.

1. Size and location. All newly created Institutional Districts shall have a minimum area of two hundred (200) acres and have and maintain approximately thirty percent (30%) open space. Institutional Districts shall have a minimum frontage of at least four hundred feet (400') along U.S. Highway 321 and every approved district shall be available to sanitary sewer systems provided by the public or have a private sewer system approved by the local health department. Water and power services must be provided by a public utility.
2. Setbacks. All setback provisions found in § 14-214, "Density and Dimensional Regulations," subsection (7): "Building setback requirements" of this document shall apply.
3. Height. The maximum height for all new structures in this district shall have a fifty-five foot (55') height limitation. All other height provisions and regulations found in § 14-214, "Density and Dimensional Regulations," subsection (8): "Building height requirements" shall apply when applicable.
4. Land uses.
   1. Permitted uses. Without limiting the generality of the following list, the following uses are examples of activities within an Institutional District: auditoriums, cemeteries, civic, cultural or community facilities, health clinic facilities, colleges, and other schools and institutions for academic or recreational instruction, research and testing laboratories, libraries, museums, reading rooms, classrooms both indoor and outdoors, art galleries, conference and training facilities, commercial restaurants not designed to attract off campus clients, dining facilities, dormitories, and residential uses for college students, staff, faculty, and visitors in support of academic setting, indoor recreational facilities, outdoor recreational facilities including stadiums, tennis courts, swimming pools, soccer fields or similar uses, religious buildings and structures, storage and maintenance or similar uses, retail outlets for the sale of traditional college materials, automatic teller machines, satellite dishes, and college owned and operated telecommunications tower, office facilities and similar uses both centralized and within each of the uses listed above.
   2. Prohibited uses. All uses that are not listed in the permitted section or determined by the land use administrator or board of zoning appeals to be incompatible with the function and intent of the Institutional Zone.

1. Land uses. As noted above, the purpose of the High Intensity Retail District is to stimulate retail-oriented economic activity within certain major road corridors. In order to accomplish this goal, the primary uses permitted in the zone consist of retail establishments, restaurants and hotels (Group "A"). These uses are intended to locate in the prime commercial sites within the district(s), and may front upon or face major roadways. Certain non-retail uses (Group "B") which are compatible with the retail uses are allowed if they are located on "collector" or "local" streets, or in the interior of a mixed use development. Any land use not listed in Group "A" or Group "B" shall be prohibited in the High Intensity Retail District.

   GROUP "A" USES

   GROUP "B" USES

   Retail uses, including, but not limited to: Department stores Apparel stores Shoe stores Sporting goods stores Communication, computer stores, and electronic outlets and retailers Big box retailers Outlet stores Home furnishing stores Office supply stores Pharmacies Jewelry stores Appliance stores Pet and pet supply stores Liquor stores Health food stores Supermarkets Meat markets Ice cream shops Bakeries Restaurants, cafes, coffee shops, etc. Hotels Movie theaters

   Offices Banks, savings and loans, credit unions, retail brokerage offices and other financial institutions Personal services Second story residences Attached or multi-family residential housing units, as a part of a mixed use or planned unit development Medical offices Medical laboratories

   *Group "B" uses shall not front, adjoin or directly face streets classified as "arterials." Such uses may be located along lower classified streets or in the interior of a mixed use development.

2. Lot dimensions.
   1. Lot size. Lots containing a single building and a single tenant shall have a minimum lot size of thirty thousand (30,000) square feet. A single building with two (2) or more tenants shall be on a lot of at least one (1) acre. For a unified development having two (2) or more buildings and tenants, and which is under common design, construction and management, the size of the overall development must be at least one and one-half (1-1/2) acres, but there shall be no minimum lot size requirement for the individual buildings. Nothing in this section shall prohibit the condominium form of ownership of any portion of a building in the HIR Zone.
   2. Lot width. For individual lots which are not within a unified development, the ratio of lot depth to lot width shall be no more than three to one (3:1).
3. Setbacks. Building setbacks from existing utility easements must be observed, otherwise:
   1. Front. As per § 14-214(7) of the Maryville Municipal Code ("Building setback requirements"); and
   2. Side and rear. No minimum if not abutting residential uses; twenty-five feet (25') if abutting residential uses.
4. Parking and access.
   1. Parking lots shall be designed to connect with adjoining properties unless the engineering department determines that such cross-connections (whether current or future) would be unfeasible due to topographic considerations, safety concerns or internal or external traffic circulation issues. A large scale, unified development may propose a frontage road to provide access to and between individual lots. Such frontage road would be dedicated to and accepted for public use, and would go through the standard platting and site plan approval processes.
   2. Each commercial lot shall be allowed at least one (1) access point where it is determined by the engineering department that such driveway is safe and in accordance with any applicable master plan of the development. Driveways onto public roads shall be spaced a minimum of one hundred feet (100') apart measured from the centerline of the driveways.
5. Height. The maximum height for all new buildings shall not exceed seventy-five feet (75'). The "height of a structure" definition, as found in § 14-202(1)(oo) of this chapter shall apply to this provision.
6. Signs. The High Intensity Retail Zone is subject to all other existing sign regulations found in chapter 2 of the municipal code, titled, "Zoning and Land Use Control," § 14-217 "Signs." In addition to the existing sign regulations, the following sign standards will apply to the High Intensity Retail Zone.
   1. Total sign surface area for all signs. Subject to the provisions of this section, the maximum sign surface area on any lot, for a single tenant building, in the High Intensity Retail District shall be determined by multiplying the number of linear feet of street frontage of the lot by one and one-half feet (1-1/2'). For multiple tenant buildings, the maximum sign area for each tenant space shall be determined by multiplying the width of each storefront by a factor of one and one-half feet (1-1/2').
   2. The sign surface area for a marquee or changeable copy sign within the High Intensity Retail Zoning District may not exceed thirty (30) square feet. For Electronic Message Center (EMC) signs, see § 14-217(13)(g). Only one (1) such sign per development will be allowed, regardless of the number of tenants or owners within the project.

   3. Freestanding sign surface area. In no case may a single side of a freestanding sign exceed seventy-five (75) square feet if the lot on which the sign is located has less than two hundred feet (200') of frontage on the street toward which the sign is primarily oriented; one hundred (100) square feet on lots with two hundred (200) or more, but less than four hundred feet (400') of frontage; and one hundred fifty (150) square feet on lots with four hundred feet (400') or more of frontage.

      In the High Intensity Retail Zone, all freestanding signs shall be either a monument or pylon style. Pole covers must be attached to the pole of a pylon type sign. A "pole cover" is defined as being an enclosure for concealing poles or other structural supports of a ground sign.

   4. Miscellaneous restrictions and prohibitions. In the High Intensity Retail Zone, directional signs may not exceed ten (10) square feet in size, be no more than four feet (4') in height, and do not have to meet the required ten feet (10') setback from the right-of-way line and/or property line. In the High Intensity Retail Zone, all directional signs shall be either a monument or pylon style. Pylon dress covers must be attached to the pole of a pylon type directional sign.
   5. In the High Intensity Retail Zone, no permanent sign face shall be constructed of plywood, Oriented Strand Board (OSB), masonite, coroplast (corrugated plastic), or similar material. All signs shall be fabricated and installed in a professional manner.
7. Performance standards for drive-through facilities. The following criteria shall apply to drive-through facilities within the High Intensity Retail District:
   1. No structure shall have more than two (2) queuing drive-through lanes.
   2. All developments with drive-through facilities shall provide an unobstructed emergency access around the drive-through facility and structure.
   3. All drive-through facilities shall place drive-through lanes in the rear of the structure or away from the main road or access. Any deviation from this requirement shall be approved by the board of zoning appeals.
   4. All drive-through facilities shall be screened with grade changes, fences, walls or materials so as to minimize the visual impact from the street.
8. Section 14-211(5): "General provisions - commercial design criteria – city wide" shall be applicable to the High Intensity Retail District, with the following incentives available only in the H.I.R. Zone to encourage the use of brick, stone or a material that successfully simulates these materials as an exterior building material, and to encourage the use of landscaped berms between roads and parking lots.
   1. Buildings designed to incorporate at least fifty percent (50%) of unpainted brick, stone or materials that successfully simulate these materials as an exterior wall material shall be allowed to extend required offsets of wall and roof planes from thirty feet (30') to no less than every forty-five feet (45').
   2. Sites designed with three-foot (3') tall landscaped berms between roads and parking lots shall be allowed to reduce the required thirty percent (30%) open space requirement to twenty-five percent (25%).
   3. The landscaped berms are not intended to create a solid wall of screening landscaping. Instead the combination of the berm and vertical landscaping (trees, shrubs, boulders, etc.) interspersed along the berm are intended to screen the view of parked vehicles and help create an attractive defined edge between roads and parking lots to avoid continuous pavement. The berms shall be at least twelve feet (12') wide.
   4. All other criteria of § 14-211(5)(a)(i) shall remain applicable to this zone.
9. The specific provisions of this section shall supersede all other City of Maryville ordinances relating to land use control. Unless otherwise provided for in this section, however, all other applicable provisions of the zoning and land use ordinance shall apply to the High Intensity Retail District.

1. There shall be a map known and designated as the official zoning map, which shall show the boundaries of all zoning districts within the city's planning jurisdiction. This map shall be drawn on acetate or other durable material from which prints can be made, shall be dated, and shall be kept in the planning department.
2. The official zoning map dated June 15, 2006 is adopted and incorporated herein by reference. Amendments to this map shall be made and posted in accordance with § 14-209(19).
3. Should the official zoning map be lost, destroyed, or damaged, the administrator may have a new map drawn on acetate or other durable material from which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process.

1. Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this chapter.
2. The administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the council. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.
3. No unauthorized person may alter or modify the official zoning map.
4. The planning department shall keep copies of superseded prints of the zoning map for historical reference. (1999 Code, § 14-209, as amended by Ord. #2020-07, April 2020 Ord. #2020-12, May 2020, 2022-02, Jan. 2022, 2022-28, June 2022, Ord. #2023-01, Jan. 2023, and 2023-10, May 2023, modified)