Legal Documents of Maryville

1. Purpose. Mission of the landscaping and screening section:
   1. To accommodate growth while providing protection to established neighborhoods and property owners;
   2. To encourage quality development by ensuring attractive and complementary landscaping; and
   3. To enhance the scenic beauty of Maryville.
2. Because of projected growth in the city, a landscaping and screening section is necessary for the following reasons:
   1. To lessen the impact of high intensity land uses that adjoin lower intensity land uses. Commercial development sometimes encroaches on residential neighborhoods. This section is a law requiring that a strip of trees, bushes, and/or fences act as a buffer between high intensity land uses (such as a shopping center or convenience store) and low intensity land uses (such as residential housing). This helps ensure that development can occur around established areas with minimal impacts.
   2. To create adequate screening within residential zones to protect existing residential properties. Sometimes new developments have the potential to decrease privacy for existing residential areas, especially when new "activity centers" (a parking lot, playground, swimming pool, driveways, sports fields, club houses, etc.) are built near existing property boundaries. Screening of activity centers increases privacy for residents while accommodating development.
   3. To protect existing residential properties from glare associated with outdoor lighting. Excessive glare and light trespass on existing properties is a growing concern for many Maryville residents. This section minimizes the amount of light that can shine across property lines.
   4. To ensure that Maryville's "best foot forward" will be presented to potential residents, businesses and tourists. At the junction of several major approaches to the Great Smoky Mountains, Maryville has the opportunity to leave a favorable impression on millions of travelers. As a National Arbor Day Foundation "Tree City, USA," this section satisfies an important criterion for maintaining this designation.

1. "Activity center" means any new land use that causes significant noise, glare, and/or loss of privacy for an existing residential property. Screening is only required for activity centers in developments that must submit a site plan, including planned residential developments and planned unit developments. Examples of "activity centers" include, but are not limited to: swimming pools, parking lots, driveways, outdoor sports fields, playgrounds, club houses, etc.
2. "Caliper" means the diameter of the tree/shrub trunk.
3. "Canopy spread" means the diameter of vegetative cover.
4. "Foot-candle" means the measure of light per square foot.
5. "Hardship" means lots that are less than one half (1/2) acre in area, extraordinarily configured (as determined by the board of zoning appeals), and not exceeding one hundred fifty feet (150') in depth.
6. "High intensity use," for purposes of this section, means any use other than single-family or two (2) family residential.
7. "Incompatible land use" means high intensity land uses (industrial, office, commercial, etc.) when they adjoin low intensity land uses (one (1) and two (2) family residential).
8. "Lamp" means the component of a luminaire that produces the actual light.
9. "Landscaping" means beautification of a tract of land by decorative planting.
10. "Low intensity use," for purposes of this section, means single-family residential or two (2) family residential uses.
11. "Luminaire" means a complete lighting system which includes a lamp(s) and a fixture.
12. "Lumen" means a unit of luminous flux. One (1) foot-candle is one (1) lumen per square foot. For purposes of this section, the lumen-output values shall be the initial lumen output ratings of a lamp.
13. "Opaque" means visually impenetrable.
14. "Point by point foot-candle diagram" means a simple plat or photometric drawing that displays the foot-candle reading at certain points on a property.
15. "Public view(s)" means the prevailing view(s) that is (are) directly in sight of the general public.
16. "Screen" means a partition (such as a wall or fence) and/or vegetation (such as screening trees, screening shrubs, and shade trees in a row) used to protect established neighborhoods, existing properties, and the public view.
17. "Screening shrubs" will grow to at least eight feet (8') and have a mature canopy spread of at least five feet (5').
18. "Screening trees" means exclusively for screening incompatible property uses because of their density and opacity. Minimum height at installation and maturity are eight feet (8') and eight feet (8') respectively.
19. "Shade trees" means in addition to screening trees to provide additional opacity and shade. Minimum height at installation: twelve feet (12') and two inches (2") caliper. Minimum height at maturity: thirty-five feet (35') and canopy spread of twenty feet (20').
20. "Variance" means a grant of permission by the Maryville Board of Zoning Appeals or the regional board of zoning appeals that authorizes the recipient to do that which, according to the strict letter of this section, he/she could not otherwise legally do.

1. Existing vegetation inventory. General location, type, and quality of existing vegetation; existing significant trees and/or vegetation to be saved (a variance can be requested to save historic, old and/or large trees. Setback requirements can be modified to save existing trees. Contact the planning department for more details); and methods and details for protecting significant vegetation during construction.
2. Planting proposal. General location and labels for all proposed plants; plant lists or schedules with the botanical and common name, quantity, and spacing of all proposed landscape material at the time of planting; and planting and installation details as necessary to ensure conformance with all required standards.
3. Built features list. Light poles/structures; a point-by-point foot-candle plat (see outdoor lighting requirements); and, general location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas;

1. In order to provide the greatest possible flexibility, several landscaping and screening types are available to accommodate a variety of different physical land features in the Maryville area. Screening types A, B, and C, are in place to screen new development from incompatible land uses or activity centers. Any form of screening types A, B, or C may be chosen depending on each site's topography and situation.

   The successful location of a landscape buffer to adequately screen a new development from an existing residential use is dependent on several variables. For most projects, particularly for projects that are on level topography with adjacent residential uses, the landscape buffer will likely be proposed and approved along the outer perimeter of the property line. However, when existing and proposed topography varies between proposed development and adjacent residential use, the landscape buffer must be more closely evaluated. The zoning administrator has authority to require relocation of proposed landscape buffer locations if he determines a more effective buffer location would maximize the short and long-term visual effectiveness and survivability of the landscape buffer. Review of proposed landscape buffers will be based on the following attributes: existing and proposed topography between the new development and adjacent residential use; location of utilities; elevation of building pads; location of buildings; desirable views to protect; and height of walls.

   Type A: Existing natural screen. For those properties that have significant vegetation that exists along property lines and may be appropriate for screening, the type A option should be chosen. The width of the natural screen shall be at least twenty-five feet (25'). If a substantial screen of less than twenty-five feet (25') exists, a written request can be sent to the administrator for review. To ensure that all existing natural screens are consistent in opacity and depth, a site visit by the planning department will be necessary to determine if the natural screen is in the spirit of the type A option. For those properties that have little or no existing vegetation, type B or C should be used.

   Type B: Dense screen*. Any of the following variations may be chosen for the type B option:

   1. Type B (1): Screen width of fifteen feet (15') and above. Screening trees** spaced at a maximum of ten feet (10') as measured trunk to trunk; and shade trees** spaced at a maximum of twenty feet (20') apart.

   2. Type B (2): Screen width of ten feet (10') to fifteen feet (15'). Screening trees** spaced at a maximum of ten feet (10') as measured trunk to trunk; shade trees** spaced at a maximum of twenty feet (20') apart; and screening shrubs** spaced at a maximum of five feet (5') apart.

      *Trees and shrubs already in place should be implemented into the landscaping pattern.

      **All plantings shall meet the installation and planting size requirements specified in the plant installation specifications section.

      Type C: Combination screen*. Any of the following variations may be chosen for the type C option:

      1. Type C (1): Screen width of fifteen feet (15') and above. Screening trees** spaced at a maximum of fifteen feet (15') as measured trunk to trunk or two (2) staggered rows of screening shrubs** spaced at a maximum of ten feet (10') apart. The plantings shall face the existing property; and an opaque fence or masonry wall of at least six feet (6') in height which shall face the new development.
      2. Type C (2): Screen width of ten feet to fifteen feet (10-15'). Screening Trees** spaced at a maximum of ten feet (10') as measured trunk to trunk or two (2) staggered rows of screening shrubs** spaced at a maximum of seven feet (7') apart. The plantings shall face the existing property; and an opaque fence or masonry wall of at least six feet (6') in height which shall face the new development.
         *Trees and shrubs already in place should be implemented into the landscaping pattern.
         **All plantings shall meet the installation and planting size requirements specified in the plant installation specifications section.

2. If a proposed high intensity development is bordered by existing lower intensity development across a street, type D, "street buffer" is required.

   Type D: Street screening*. Where a proposed commercial, office, or high-intensity residential development (more than two (2) family residential) borders any residential development on the opposite side of a street, alley, or other public or private way, type D screening is required. Choose from the following: Minimum ten feet (10') screen width: An opaque fence or masonry wall of at least six feet (6') in height with a series of screening trees** spaced at a maximum of fifteen feet (15') from trunk to trunk on alternating sides of the fence/wall and screening shrubs** shall alternate between the trees on the street side of the fence/wall. Screening must be planted on the property at a minimum distance of ten feet (10') from the street right-of-way to observe utility easements). Plantings must not impair vision or line of sight of ingress and egress.***

   *Trees and shrubs already in place should be implemented into the landscaping pattern.

   **All plantings shall meet the installation and planting size requirements specified in the plant installation specification section.

   ***The engineering department will review the site plan to make sure that sight distance is adequate before landscaping can begin.

   The planning department staff is authorized to consider proposed alternatives to the street screening, type D, as long as the proposed buffer or screen meets or exceeds the opacity requirements of this section. Proposed alternative landscaping plans may eliminate the required fencing if approved by the planning department. A landscape plan will still be required for any alternative to the type D requirements proposed by the applicant.

Outdoor lighting requirements. This section involves the measurement and regulation of light along property lines to protect the privacy, comfort, and character of existing residential neighborhoods. Outdoor lighting is important for night visibility, safety, and security. Outdoor lighting can, however, also invade privacy and cause nuisance if excessive glare and direct light trespasses on established residential properties. These requirements ensure that new development minimizes the amount of light that may shine on abutting properties. The following is required when installing lights:

1. A lighting plan may be required (as determined by the planning department);
2. A light "point by point" foot-candle diagram must be shown on the site plan with a ten foot by ten foot (10' x 10') maximum grid. The diagram should cover the at least ten feet (10') on either side of property lines that border residential zones or uses;
3. Lighting must not exceed one (1) foot-candle at or beyond the property line zoned or used for residential purposes;
4. Any luminaire with a lamp(s) rated at a total of more than one thousand, eight hundred (1,800) lumen, and all flood or spot luminaries with a lamp(s) rated at a total of more than nine hundred (900) lumen shall not emit any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire;
5. Laser source lights or any similar high intensity light for outdoor advertising or entertainment is prohibited; and
6. The operation of searchlights for advertising purposes is prohibited.

Refer to the matrix below to determine how new developments are required to provide appropriate screening according to their relationship with surrounding land uses. Screening types are described in their entirety in the following pages.

Land Use-Screening Matrix:

NA = Not Applicable
1. No landscaping is required unless a residential activity center is built.
2. If a property is zoned business/transportation or office but the current use of existing property is residential, then screening is required.
3. Landscaping must screen the length of the activity center along the property line plus an additional ten feet (10') on either side.

1. Shade trees: All shade trees shall be installed at a minimum of two-inch (2") caliper and not less than twelve feet (12') as measured from grade level to the top of the tree crown. Planted trees shall also have a minimum expected maturity height of thirty-five feet (35') and a minimum canopy spread of twenty feet (20'). Evergreen trees can be treated as shade trees provided they meet the minimum maturity height and canopy spread criteria.
   
   Recommended Species

   Common Name	Scientific Name
   American Beech	Fagus Grandiflora
   American Sycamore	Platanus Occidentalis
   Ash	Fraxinus
   Bald Cypress	Taxodium Distichum
   Blackgum	Nyssa Sylvatica
   Chestnut	Aesculus
   Chinese Elm	Ulmus Parvifolia
   Dawn Redwood	Metasequoia Glyptostroboides
   Ginkgo (male only)	Ginkgo Biloba
   Honey Locust	Gleditsia Triacanthos
   Japanese Zelkova	Zelkova Serrata
   Kentucky Coffeetree	Gymnocladus Dioicus
   Linden	Tilia
   London Planetree	Plantanus Acerifolia
   Maple (Except Silver)	Acer
   Oak	Quercus (any sub-species)
   Ohio Buckeye	Aesculus Glabia
   River Birch	Betula Nigra
   Sweet Bay Magnolia	Magnolia Virginiana
   Sweetgum	Liquidambar Styraciflua
   Thornless Common Honeylocust	Gleditsia Triacanthos Var. Inermis
   Tulip Poplar	Liriodendron Tulipfera
   Willow	Salix Sp.

2. Screening trees. All screening trees shall be installed at minimum height of eight feet (8') and have a minimum expected mature canopy spread of eight feet (8'). Screening trees shall be semi-sheared and not natural cut.
   
   Recommended Species

   Common Name	Scientific Name
   American Holly	Ilex Opaca
   Atlas Cedar	Cedrus Atlantica
   Canadian Hemlock	Tsunga Caroliniana
   Deodar Cedar	Cedrus Deodara
   Eastern Red Cedar	Juniperus Virginianan
   Foster Holly	Illex Cassine
   Leyland Cypress	Xcupressocyparis Leylandii
   Nellie Sevens Holly	Ilex X "Nellie Stevens"
   White Pine	Pinus Strobus
   Savannah Holly	Ilex Attenuata
   Southern Magnolia	Magnolia Grandiflora

3. Screening shrubs. All screening shrubs shall be installed at a minimum size of three (3) gallons and have an expected maturity height of at least eight feet (8') and a mature canopy spread of at least five feet (5').
   
   Recommended Species

   Common Name	Scientific Name
   Burford Holly	Ilex Cornuta "Burfordi"
   Chinese Juniper	Juniper Chinensis Sp.
   Dahoon Holly	Ilex Cassine
   Leatherleaf Viburnum	Viburnum Rhytidophyllum
   Lusterleaf Holly	Ilex Latifolia
   Savannah Holly	Ilex X Attenuata "Savannah"
   Wax Myrtle	Myrica Cerifera
   Cherrylaurel	Prunus Caroliniana
   English Laurel	Prunus Laurocerasus
   Frunchet's Cotoneaster	Cotoneaster Franchetii
   Parney's Cotoneaster	Cotoneaster Lacteus

4. Landscaping shrubs. To be used if desired in addition to landscaping requirements. All landscaping shrubs shall be installed at a minimum size of three (3) gallons
5. In addition, earth berms, other shrubs, ground cover, and plant materials may be used to supplement landscaping/screening requirements.

6. Prohibited plants. The following plants are prohibited from being used to meet these requirements due to problems with hardiness, maintenance or nuisance:

   Autumn Olive	Mimosa	Shrub Honeysuckle
   Common Privet	Mulberry	Siberian Elm
   Japanese Honeysuckle	Multiflora Rose	Silver Maple
   Garlic Mustard	Paulownia	Silver Poplar
   Kudzu Vine	Purple Loostrife	Tree of Heaven
   Lespedeza	Poison Ivy/Oak/Sumac

7. Prohibited landscaping materials. No rip-rap shall be used except along the edges of basins, ponds, or lakes, or at the end of culverts. All other areas should have culverts installed and covered with soil, flagstone, and/or have fast growing ground covers planted (e.g., Liriope, Junipers, Vinca).
8. Utility easement policy. Any tree or shrub used to meet the requirements of this section shall not be located within proposed or existing utility easements or inside street rights-of-way. The applicant is responsible for identifying existing and proposed easements.

1. An automatic fifty percent (50%) reduction in landscape yard depth requirements for screening; and
2. A twenty-five percent (25%) reduction in planting requirements (for all sections except for the required screening trees) applies for lots with:
   1. Depths of one hundred fifty feet (150') or less;
   2. Extraordinary configurations (as determined by the Maryville Board of Zoning Appeals); and/or
   3. Areas of less than one half (1/2) acre (twenty-one thousand, seven hundred eighty (21,780) square feet or less).