Legal Documents of Maryville

Title, purpose, and scope. This section shall be known as the "Fence Ordinance of the City of Maryville, Tennessee," and may be so cited, and further referenced elsewhere as "fence ordinance" and herein as "the ordinance" or "this section" shall imply the same wording and meaning as the full title. The intent of this section shall be the fair and comprehensive regulation of fences. It is the intent of this section that its interpretation and application assist in the economic development of the city, but without lessening a quality of life which the citizens of Maryville strive to maintain and improve. The regulations as set forth in this section are established to provide for the public safety, area development, preservation of property values, and the general welfare within the city. The purpose of this section is to:

1. Protect public safety regarding motorists' line of sight at road and driveway intersections;
2. Provide efficient access to city infrastructure and facilities which may be located on private property; and
3. Protect property values by adopting a minimum level of aesthetic regulations.

This section regulates all fences within the City of Maryville except those exempted. No fence may be constructed, erected, moved, extended or enlarged unless it complies with the provisions herein.
Vegetation adjacent to one (1)·roadway shall be dealt with additionally in this section in a limited manner as pertains to site distance issues.

1. It shall be unlawful for any property owner or occupant to have or maintain on his or her property any fence which prevents or impairs persons driving vehicles on public streets or alleys from obtaining a clear view of traffic and/or traffic control signs.
2. No fence may be located so that it substantially interferes with utility or emergency workers needing access to utilities including meters, fire hydrants and other fire protection devices, water main valves, stormwater junction boxes, catch basins, manholes, transformers, pedestals, etc.
3. The removal and replacement cost of fences located within utility easements will be the property owner's responsibility when utilities have to be accessed for service or replacement. Therefore, construction of fences within utility easements is discouraged.
4. It shall be unlawful for any property owner or occupant to have or maintain on his or her property any vegetation, including, but not limited to, bushes, trees or other plant matter which prevents persons driving vehicles on public streets or alleys from obtaining a clear view of traffic and traffic control signs.

1. Preserve historic fence and retaining wall materials.
2. The addition of historic fence designs and materials is appropriate; fence designs shall be related to the architectural design of the primary structure.
3. Wood plank fences and solid wall brick fences walls shall not be placed between the street and the structure.
4. Wood plank fences and solid walls shall not be added on secondary or side yards unless they are recessed back at least twenty feet (20') from the plane of the structure's front wall.
5. Fences on the facades shall not exceed three feet (3') in height while fences on the secondary and rear facades shall be no higher than six feet (6'). On corner lots fences shall be no higher than two and one-half feet (2-1/2') within ten feet (10') of the street intersection.
6. The use of uncoated-chain-link or vinyl/similar material is not allowed.
7. The use of coated-chain-link is allowed, provided that:
   1. The proposed fencing would be located in a rear yard and would not be readily visible from a public street;
   2. The proposed fencing would be located in a side yard in which the fencing is recessed back at least twenty feet (20') from the plane of the structure's front wall and is not highly visible from a public street; or
   3. The fence must have a permanent black, brown or green coating. Other colors are allowed provided the applicant can demonstrate that the fence blends in with its background.
8. Chain link pet cages are prohibited if clearly visible from the street.
9. Wood picket and cast iron are the most appropriate materials at the sidewalk or property line on the primary facade of a residence or any street fronting side. Information provided in applications for proposed fencing shall include the location of the proposed fence on a scaled site plan, and the proposed materials. In the case of proposed picket fences, the details of the picket width, spacing, and design shall also be shown on drawings.
10. Wooden split rail fences are prohibited.
11. The use of ivy, vines, or other suitable plant material to cover or screen existing chain link fences is encouraged.

Fence regulations applicable to residential properties outside historic districts. Applicable to single-family and two (2) family dwellings. Multi-family residential development having three (3) or more dwelling units shall comply with the fence regulations set forth in subsection (8) below, "Fences on commercial property."
Overflow parking not being part of the minimum parking required as stated in subsection (2) of this section maintained towards the rear of the site may utilize alternative surface materials for parking spaces and drive aisles including the following:

Permeable interlocking concrete pavers,
Pervious concrete (only allowed in parking spaces, not drive aisles),
Pervious asphalt (only allowed in parking spaces, not drive aisles),
Concrete grid pavers,
Plastic turf reinforcing grid,
Crushed stone (only allowed in parking spaces, not drive aisles),
Gravel (only allowed in parking spaces, not drive aisles).

The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar material. No such alternative parking may be utilized within any front setback areas for a property. If the use of the property is changed or expanded to require additional minimum parking as stated in subsection (2) of this section, such overflow parking cannot count towards this requirement unless it is converted to asphalt, concrete, or other material that will provide equivalent protection against potholes, erosion, and dust.

A fence that is six feet (6') or less in height, measured from the ground to the top of the structure, may be erected adjacent to the rear and side property lines. Fence posts, including decorative features on fence posts, shall not exceed seven feet (7'), as measured from the ground to the top of the structure.

1. A fence that is taller than six feet (6') in height, measured from the ground to the top of the structure, must meet minimum setback requirements for accessory structures per § 14-214(9).
2. A fence may be erected in the front yard but shall be no closer than five feet (5') from the street right-of-way. Exception: Chain link or fence of similar type may extend to the street right-of-way when determined by the Maryville City Engineer that no sight distance problems or safety hazards exist.
3. Fence structures should be free of barbs, spikes, razor wire electrical wire (except agricultural uses) and similar safety hazards.

1. Fences. Fences that are visible from residential uses and are visible from public roads shall not be constructed of unfinished concrete block, unfinished chain link metal wire or mesh. Chain link fencing is only acceptable if it is dark colored. Chain link fencing is prohibited in the downtown districts when visible from public roads. Within the Parkway District Overlay, chain link fencing is prohibited when visible from public roads between U.S. 129 and Washington Street. Chain link is allowed in other areas within the Parkway Overlay District if screening trees (as defined in § 14-213(2)(r)) are planted at fifteen feet (15') intervals on the outer perimeter of the fence.
   This specific fence standard regarding chain link shall not apply to property principally used for livestock areas or farms and shall not be applicable to fences in property zoned "Industrial."
   These regulations, including fence height and material, shall not be applicable to areas of properties that require a heightened level of security, such as public and private utility equipment, perimeters of stormwater detention/retention ponds, and cellular tower equipment and similar uses. This subsection on fences also does not apply to temporary construction fencing.
2. Fence structures should be free of barbs, spikes, razor wire electrical wire (except agricultural uses) and similar safety hazards unless granted a special exception from the BZA.
3. Fences used to screen dumpsters. Dumpsters must be screened from public roads and adjacent residential uses, but flat faced block and any type of chain link fencing are not allowed. Dumpster screening may consist of painted split faced concrete block, brick, stone, wooden fencing or similar type materials.
4. Construction fence wrapping. "Fence wrapping" is defined as mesh or similar material attached to construction fences for the purpose of attractively screening the view of construction sites. Fence wrapping shall not be subject to sign regulations. Such fence wrapping shall be allowed when all of the following conditions are met:
   1. Commercial sites must be two (2) acres or larger as measured by the area of disturbed soil;
   2. Fence wrap shall not be placed in the right-of-way nor in areas that block motorist visibility; and
   3. Fence wrap shall be attached to stable well-anchored fencing such as chain-linked fencing;

1. Opaque fences and walls located between the street and front facade of a building shall not exceed three feet (3') in height. The front facade shall be any side of the building with a public entrance. The portion of any fence or wall exceeding three feet (3') in height. shall be transparent to the extent of allowing visibility of the building's front facade. To achieve this level of transparency, at least fifty percent (50%) of every one foot (1') of height of the fence or wall over three feet (3') must provide open-air access. The transparency requirement shall also apply to any gates associated with the fence or wall. The maximum height of fences and walls is regulated by subsection {c) of this section.
2. The following fence materials are allowed in the downtown districts: Wrought or cast iron or coated tube aluminum that simulates wrought iron fencing, wood picket and plank fencing, brick, stone and other natural materials.
   1. Wood fencing must be stained or painted and chosen colors must be equivalent to the pre-approved Benjamin Moore's Historical Collection palette and compatible with the building or a color determined to be compatible by the Downtown Design Review Board.
3. Unless otherwise provided for in this ordinance, no fence or wall may exceed six feet (6') in height.
4. Dumpster screening: Dumpsters must be screened from public roads and adjacent residential uses. The following materials are acceptable for dumpster screening: Painted, split-faced, concrete block, brick, stone, wood fencing or similar type materials. Flat-faced concreted block and any form of chain link fencing are prohibited materials for dumpster screening.
   1. Metal that simulates wood planks in size and appearance may be used as dumpster screening provided it is coated or painted a color from the pre-approved Benjamin Moore's Historical Collection palette and compatible with the building or a color determined to be compatible by the Downtown Design Review Board.