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Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-214 Density and dimensional regulations.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-214 : Density and dimensional regulations.

  1. Minimum lot size. Subject to the provisions of subsections (4), "Cluster subdivisions" and (5), "Integrally designed subdivisions," all lots in the following zones shall have at least the amount of square footage indicated in the following table:
     

    **If used for residential purposes, otherwise no minimum.

    ***Refer to city code on nonconforming uses regarding Oak Park Historic District nonconforming situations of duplexes and multi-family structures.

    Subject to the provisions in the city land development ordinances concerning nonconforming lots and these regulations, the permit-issuing authority and the owner of two (2) or more contiguous lots may agree to regard multiple lots as a single lot if necessary to comply with any of the requirements of these regulations.

  2. Residential density.

    1. Subject to subsection (b) below and the provision of subsections (4), "Cluster subdivisions" and (5), "Integrally designed subdivisions," every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in the following table. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded to the nearest whole number.
       

    2. Two (2) family conversions and primary residences with an accessory apartment shall be allowed only on lots having at least one hundred fifty percent (150%) of the minimum square footage required for one (1) dwelling unit on a lot in such district. With respect to multi-family conversions into three (3) or four (4) dwelling units, the minimum lot size shall be two hundred percent (200%) and two hundred fifty percent (250%) respectively of the minimum required for one (1) dwelling unit.
  3. Minimum lot widths.
    1. No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:
      1. Could be used for purposes that are permissible in that zoning district; and
      2. Could satisfy any applicable setback requirements for that district.

    2. Without limiting the generality of the foregoing standard, the following indicated minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in subsection (a) above. The lot width shall be measured along a straight line connecting the points at which a line that demarcates the required setback from the street intersects with lot boundary lines at opposite sides of the lot.
       

    3. No lot created after the effective date of these regulations that is less than the recommended width shall be entitled to a variance from any building setback requirement.
  4. Cluster subdivisions.

    1. In any single-family residential subdivision a developer may create lots that are smaller than those required by subsection (1) above if such developer complies with the provisions of this section and if the lots so created are not smaller than the minimum set forth in the following table:
       

    2. The intent of this section is to authorize the developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size of lots required by subsection (1) above.
    3. The amount of usable open space that must be set aside shall be determined by: Subtracting from the standard square footage requirement set forth in subsection (1) above the amount of square footage of each lot that is smaller than that standard: Adding together the results obtained in subsection (1) above for each lot.
    4. The provisions of this section may only be used if the usable open space set aside in a subdivision comprises at least ten thousand (10,000) square feet of space that satisfies the definition of usable open space.
    5. The setback requirements found in the city code shall apply in cluster subdivisions.
  5. Integrally designed subdivisions.
    1. In any integrally designed subdivision, the developer may create lots and construct buildings without regard to any minimum lot size, lot width, or setback restrictions except that:
      1. Lot boundary setback requirements as found in the city code shall apply where and to the extent that the subdivided tract abuts land that is not part of the subdivision; and
      2. Each lot must be of sufficient size and dimensions that it can support the structure proposed to be located on it, consistent with all other applicable requirements of these regulations and of the city code.
    2. The number of dwelling units in an integrally designed subdivision may not exceed the maximum density authorized for the tract under subsection (2) above.
    3. To the extent reasonably practicable, in residential subdivisions the amount of land "saved" by creating lots that are smaller than the standards set forth in subsection (1) above shall be set aside as usable open space.
    4. The purpose of this section is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs buildings on the lots created in accordance with a unified and coherent plan of development.
  6. Density on lots where portion dedicated to city.
    1. Subject to the other provisions of this section, if any portion of a tract that lies with an area designated on any officially adopted city plan as part of a proposed public park, greenway, or bikeway and before the parcel or tract is developed, the owner of the parcel or tract with the concurrence of the city dedicates to the city that portion of the tract so designated, when the remainder of the tract is developed for residential purposes the permissible density at which the remainder may be developed shall be calculated in accordance with the provision of this section.
    2. If the proposed use of the remaining property after the dedication at issue in subsection (a) above is a single-family detached residential subdivision, then the lots such subdivision may be developed in accordance with the provisions of subsections (4) and (5) above of this section except that the developer need not set aside usable open space to the extent that an equivalent amount of land has previously been dedicated to the city in accordance with subsection (a) above.
    3. If the proposed use of the remainder is a two (2) family or multi-family project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lots as if it were still part of the lot proposed for development.
    4. If the portion of the tract that remains after dedication as provided in subsection (a) above is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in subsections (b) and (c) above.
  7. Building setback requirements.
    1. Subject to the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line than is authorized in the table set forth in this section.
      1. If the street right-of-way is readily determinable (by reference to a recorded map, iron pins, or other means), the setback shall be measured from such right-of-way line. If the right-of-way line is not so determinable, the setback shall be measured from the centerline of the street.
      2. As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets.

      3. As used in this section, the term "building" includes any substantial structure which by nature of its size scale, dimensions, bulk or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structure shall be deemed to fall within this description, except gasoline pump islands, pumps and canopy support poles. The minimum setback requirements for decks/patio are the same as for accessory buildings (which do not exceed twelve feet (12') in height) or is two feet (2') for every foot of height (measured from grade to the top of the railing), whichever is greater.

        Fences running along lot boundaries adjacent to public street rights-of-way if such fences exceed six feet (6') in height and are substantially opaque.

    2. Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the nonresidential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.

    3. Setback distances shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc).

      Subject to the provisions stated above, the following structural projections shall be allowed to encroach within designed setbacks not to exceed three feet (3'): awnings; canopies; bay windows; chimneys; planter boxes and the like; overhanging cornices; eaves; gutters; roofs; and similar architectural features; minor utilities associated with the structures; open fire escapes; steps, open terraces; unenclosed porches.

    4. Whenever a private road that serves more than three (3) lots or more than three (3) dwelling units or that serves any nonresidential use tending to generate traffic equivalent to more than three (3) dwelling units is located long a lot boundary, then:
      1. If the lot is not also bordered by a public street, buildings and freestanding signs shall be set back from the centerline of the private road just as if such road were a public street.
      2. If the lot is also bordered by a public street, then the setback distance on lots used for residential purposes shall be measured from the inside boundary of the traveled portion of the private road.

    5. City of Maryville setback tables:

      City of Maryville
      Required Building Setbacks (Feet)

      Notes:
      1. All setbacks along street right-of-way property lines shall be considered a "front" setback even if there are multiple "front" setbacks on a lot.
      2. Setback from a collector: forty feet (40'); setback from an arterial: fifty feet (50').
      3. In estate zones, side setbacks shall be fifteen feet (15') for dwelling with more than one (1) story.
      4. If commercial uses are adjacent to residential uses: ten feet (10') side and/or ten feet (10') rear.
      5. Gasoline pump island and canopy supports setback from collector or arterial: thirty-five feet (35').
      6. Setbacks within Impact Overlay Districts and planned unit developments shall be established by BZA on review of the proposed site plan.

      City of Maryville
      Residential Accessory Building Setback Requirements
      Setbacks for accessory buildings that do not exceed 12 feet in height (Feet)

      Note: Street R-O-W setback same as principle structure.

      Setbacks for accessory buildings that exceed 12 feet in height (Feet)

      Note: Street R-O-W setback same as principle structure.
      Accessory structure setbacks are not required to exceed primary structure setbacks.
       

  8. Building height requirements.
    1. For purposes of this section:
      1. The height of a building shall be the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.
      2. A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than seventy-five percent (75%) are regarded as walls.

    2. Subject to the remaining provision of this section, building height limitations in the various zoning districts shall be as follows:
       

    3. Subject to subsection (d) below, the following features are exempt from the district height limitations set forth in subsection (b) above:
      1. Chimneys, church spires, elevator shafts, flyspaces for curtains, scenery, or lighting in a theatre, auditorium, or multipurpose structure and similar structural appendages not intended as places of occupancy or storage.
      2. Flagpoles and similar devices.
      3. Heating and air conditioning equipment, solar collectors, and similar equipment, fixtures, and devices.
    4. The features listed in subsection (c) above are exempt from the height limitations set forth in subsection (b) above if they conform to all other applicable codes and regulations and to the following requirements:
      1. Not more than one-third (1/3) of the total roof area may be consumed by such features unless approved by the board of zoning appeals.
      2. The features described in subsection (c)(iii) above must be set back from the edge of the roof a minimum distance of one foot (1') for every foot by which such features extend above the roof surface of the principal building to which they are attached, unless approved by the board of zoning appeals.
      3. The permit issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield features listed in subsections (b)(i) and (iii) above from view.
    5. Notwithstanding subsection (b) above, in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multi-family residential building containing four (4) or more dwelling units may not exceed thirty-five feet (35') unless the fire chief certifies to the permit-issuing authority that such building is designed to provide adequate protection against the dangers of fire.
    6. Towers and antennas fifty feet (50') tall or less: all districts; towers and antennas fifty feet (50') tall or more: Business and Transportation District and Central Community District.
  9. Accessory building setback requirements.
    1. All accessory buildings in rear yards of lots in residential districts shall be required to observe a five foot (5') setback from the rear and side yards.
    2. All accessory buildings in residential districts must comply with street right-of-way and side lot setback provisions if the accessory building is not to the rear of the principal structure.
    3. Where the high point of the roof or any appurtenance of any accessory building exceeds twelve feet (12') in height, the accessory building shall be setback from the rear lot boundary lines an additional two feet (2') for every foot of height exceeding twelve feet (12').
    4. Maximum lot coverage on principal and accessory buildings shall not exceed forty percent (40%) of the lot.
    5. The cumulative total of accessory structures shall not exceed nine hundred (900) square feet of ground floor area nor shall any accessory structure exceed eighteen feet (18') in height without a special exception permit granted by the board of zoning appeals. (1999 Code, § 14-214, as amended by Ord. #2024-01, Jan. 2024, modified)