Legal Documents of Maryville

Table of permissible uses. The table of permissible uses should be read in close conjunction with the definitions of terms set forth in this chapter and the other interpretative provisions set forth in the chapter.

ZONING DISTRICT DESIGNATIONS

I. Residential
II. Business and Transportation
III. Environmental Conservation
IV. Central Community
V. Single-Family
VI. Office
VII. Neighborhood

(Numbers denote: 1 - allowed by right, 2 - special exception, 3 - prohibited)

TABLE OF PERMISSIBLE USES

ZONES

I. Residential
II. Business and Transportation
III. Environmental Conservation
IV. Central Community
V. Single-Family
VI. Office
VII. Neighborhood
 

1. Subject to subsection (3) below, when used in connection with a particular use in the table of permissible uses in subsection (1) above, the designation "1" means that the use is permissible in the indicated zoning district with a zoning permit issued by the administrator. The number "2" means a special exception permit must be obtained from the board of zoning appeals. The number "3" indicates that the use is not permitted in the indicated zoning district.
2. When the use proposed requires a special exception permit, the process for review of the impact overlay zone shall be employed.

1. The list of permissible uses set forth in subsection (1) above cannot be all inclusive; those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.
2. All uses that are not listed in subsection (1) above, even given the liberal interpretation mandated by subsection (a) above, are prohibited. Subsection (1) above shall not be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
3. Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:
   1. Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.
   2. Stockyards, slaughterhouses, rendering plants.
   3. Use of travel trailer as a temporary or permanent residence.

1. The table of permissible uses classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use:
   1. Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or
   2. Is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. (Example: a swimming pool and/or tennis court complex is customarily associated with, and integrally related to, a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart form a residential development, would require a special exception permit.)
2. For purposes of interpreting subsection (a) above:
   1. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself, or in relation to the principal use.
   2. To be commonly associated with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.
   3. Without limiting the generality of subsection (a) and (b) above, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
      1. Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.
      2. Hobbies or recreational activities of a non-commercial nature.
      3. The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling.
      4. Garage sales, so long as such activities conform to the applicable Maryville Municipal Code provisions (see § 9-102).
   4. Without limiting the generality of subsections (a) and (b) above, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.
      1. Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational.
      2. Parking outside a substantially enclosed structure of more than four (4) motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classifications:
         1. Single-family residential.
         2. Two (2) family residential.
         3. Special residential.
   5. A ''jumbotron" is an oversized video monitor that is allowed as an accessory use for events at the Maryville High School football stadium. A jumbotron shall be sited and oriented so as to serve the audience at the event and to minimize its visibility by persons who are off-site of the event. A jumbotron is not a "billboard," a "digital billboard" or an "electronic message center sign," as defined by § 14-217, "Signs" of this code.

1. Streets.
2. Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.
3. Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or city) of the right-of-way.

1. A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:
   1. The change involves a change from one (1) principal use category to another.
   2. If the original use is a planned unit development (reviewed and approved through the impact overlay provisions of this chapter), the relative proportion of space devoted to the individual principal uses that comprise the planned unit development changes to such an extent that the parking requirements for the overall use are altered.
   3. If the original used is a planned unit development use, the mixtures of types of individual principal uses that comprise the planned unit development use changes.
   4. If the original use is a planned residential development, the relative proportions of different types of dwelling units change.
   5. If there is only one (1) business or enterprise conducted on the lot, that business or enterprise moves out and a different type of enterprise moves in.
2. A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two (2) active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one hundred eighty (180) consecutive days or has been abandoned.
3. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

1. When permitted uses are combined within a development and include two (2) or more principal uses that require different types of permits (zoning, special exception), then the permit authorizing the combination of uses shall be:
   1. A special exception permit if any of the principal uses combined requires a special exception permit.
   2. Zoning permit in all other cases.
2. When a combination of uses consists of a single-family detached residential subdivision that is not integrally designed and two (2) family or multi-family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.
3. When a combination use consists of a single-family detached, integrally designed subdivision and two (2) family or multi-family uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum area (in square feet) per dwelling unit specified in § 14-214(6).

1. Proposed parking area(s) and any required landscaping regulated either by the landscaping ordinance found herein or as part of the approval process by the board.
2. Hours of operation shall be between 8:00 A.M. to 9:00 P.M.
3. Proposed location of all outdoor facilities (including, but not limited to, picnic tables, play areas, restroom, food preparation areas, and refuse areas).
4. Sanitary sewer/sub-surface sewer shall be placed into service by the applicant in order to provided such services to users of the private recreational facility.
5. Commercial design guidelines shall apply.
6. Site plan approval. (1999 Code, § 14-210, as amended by Ord. #2019-22, Nov. 2019, 2021-05, March 2021, and Ord. #2024-09, May 2024)