This article shall be known, referred to and cited as "The Zoning Ordinance of the City of Millersville."

(Ord. No. 20-744, § 1.1, 6-1-2020)

The implementation of design standards and other planning and growth management strategies will help result in attractive residential and commercial areas. This document provides a comfort level which will encourage future investment. Individuals and companies want assurance that, if they build here, their investment will be protected. They can expect that new development will be held to a higher standard. They can expect their investment in Millersville to pay off for many years to come.

Millersville will be competing with new, modern developments with the latest and most popular home styles and amenities. The city must trust that it has built-in a lasting value which will compensate for the age and condition of its homes, businesses and infrastructure.

With this in mind, it is the intent of this document to:

(a)

Protect investments which have been made in the homes and businesses of Millersville.

(b)

Preserve property values and even to enhance these values.

(c)

Avoid the fate of other cities which have failed to adequately plan and manage growth.

In specific and layman terms, it is the intent of this document to protect private property from adjacent uses and activities which are not in character with surrounding development and which are not suitable for a dense urban setting - activities which would harm the enjoyment of one's property and make it more difficult to sell, if desired or necessary. This intent is in recognition of the fact that such an occurrence would have a "domino effect" on the value of other properties in the neighborhood. Such a decrease in value erodes the tax base and requires a tax increase or else a decrease in services. This, in turn, leads to further decline.

In consideration of the above stated intent, this document will establish comprehensive land use standards to serve the City of Millersville. The standards and regulations enumerated are based upon the city's plans, policies and objectives. These standards are intended to serve the city as it deals with future growth. Furthermore, this article is enacted by the Millersville City Commission of the City of Millersville pursuant to the authority granted them under Tennessee Code Annotated. Any reference to this article shall include amendments to this article.

(Ord. No. 20-744, § 1.2, 6-1-2020)

The purpose of this article is to:

(1)

Promote and protect the public health, safety and general welfare of the people.

(2)

Secure adequate natural light, air and open space, and safety from fire and other dangers.

(3)

Lessen or reduce congestion in public streets.

(4)

Facilitate the adequate provision of transportation, utility systems, parks and other public facilities and services.

(5)

Protect the air, water, and land resources of the city from the hazards of pollution.

(6)

Insure and facilitate the preservation of sites, areas, and buildings and structures of historical, architectural, and aesthetic importance.

(7)

Preserve and maintain the essential character of the city as it exists as of the date of the adoption of this article. To preserve and protect the natural features and locations of buildings and groups of buildings as neighborhoods and communities of distinguished architectural character and appearance.

(8)

Regulate and limit the height and bulk of buildings.

(9)

Establish, regulate, and limit the building or setback lines on, or along, any street, traffic-way, drive, parkway, or storm or floodwater runoff channel or basin.

(10)

Regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings.

(11)

Classify, regulate, and restrict the location of commercial and industrial business, and the location of buildings designed for specified commercial, industrial, residential and other uses.

(12)

Divide the entire municipality into districts of such number, shape and area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, density, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this article.

(13)

Fix standards to which buildings or structures shall conform.

(14)

Provide for design review of development to ensure that it is compatible with the character of its surroundings.

(15)

Prohibit uses, buildings, or structures incompatible with the character of the districts in which they are located.

(16)

Provide for the gradual elimination of nonconforming uses of land, buildings, and structures.

(17)

Conserve the taxable value of land and buildings throughout the city and planning region.

(18)

Promote the economic diversity of the community and enhance opportunities for participation in the economic and social systems of the community.

(19)

Define the powers and duties of administrative officers and bodies.

(20)

Prescribe penalties for the violation of the provisions of this article.

(Ord. No. 20-744, § 1.3, 6-1-2020)

(1)

Territorial application. This article shall apply to all land, uses, buildings, and structures within the corporate limits of the city and the planning region. To the extent allowed by state law, it shall also apply to municipal corporations, government bodies, and utility districts.

(2)

General application. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion and protection of the public health, safety, convenience, comfort, and general welfare, and shall be construed to achieve the purposes for which this article was adopted.

(3)

General prohibition. Except as otherwise provided by this article, no portion or whole of any building, structure or land shall be used or occupied, and no building or structure, in whole or in part, shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless it conforms with the provisions of this article.

(4)

Private agreements. This article is not intended to nullify any private agreement or covenant, including homeowner associations (HOA). However, where this article is more restrictive than a private agreement or covenant, this article shall control.

(5)

Other laws and regulations. Unless otherwise specifically provided, the ordinance shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances, or regulations will control over the provisions of this article.

Where state law specifically overrides local zoning authority, in particular in regard to farms and agriculture, political signs, American flags, military flags, and in regard to manufactured homes, the conflicting terms of this article shall not apply or be enforced.

(Ord. No. 20-744, § 1.4, 6-1-2020)

In determining the applicability of this article, with respect to the previously applicable zoning regulations, the following rules shall apply:

(1)

Existing illegal uses and structures. A structure or use that is illegal at the time of the adoption of but is made legal by the provisions of this article, is deemed lawful as of the effective date of this article. However, if that structure or use does not conform with each and every requirement of this article, then that structure or use shall remain unlawful.

(2)

Existing permitted uses. If property is used in a manner that was classified as a permitted use prior to the effective date of this article and that use is classified as a conditional use by this article, that use shall be deemed a lawful conditional use as if a conditional use permit has been approved. However, any subsequent addition, enlargement or expansion of that use shall be required to conform to any applicable substantive requirements for conditional uses pursuant to this article.

(3)

Certain uses rendered nonconforming. If property is used in a manner that was a lawful use before the effective date of this article, and this article no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of section 90-223 (nonconforming uses).

(4)

Certain buildings, structures, and property rendered nonconforming. If a building, structure or property existing on the effective date of this article does not meet all standards set forth in this article, that building, structure, or property shall be deemed nonconforming and shall be controlled by the provisions of section 90-224 (nonconforming buildings).

(5)

Existing nonconforming lots of record. Existing nonconforming lots of record shall be governed by section 90-226 (nonconforming lots of record).

(6)

Previously granted conditional uses and variances. All conditional uses and variances granted prior to the effective date of this article shall remain in full force and effect. The recipient of the conditional use or variance may proceed to develop the property in accordance with the plans approved by the board of zoning appeals and any applicable conditions. However, if the recipient has failed to act on the conditional use or variance before the approval expires, including any periods of extension granted, the provisions of this article shall govern.

(7)

Previously approved preliminary and final development plans. Preliminary and final development plans approved under a prior zoning ordinance shall remain valid and shall continue to govern the development of the property unless the property has not developed and the plan has expired as per the terms of the ordinance in effect when the new plan was approved. For zoning matters for which these plans are silent or unclear, as determined by the planning department, the provisions of this article shall apply. Amendments to these plans shall be in accordance with the provisions of the ordinance under which the plan was approved, or, at the discretion of the owner, in accordance with the terms of this article.

(8)

Previously approved alternate open space developments. Site development plans approved under section 3-403 (alternate provisions for the location of open space and placement of buildings) of the 1985 zoning ordinance, provided they have not expired, shall remain in effect and shall continue to govern the development of the property. Any amendment shall be in accordance with the 1985 ordinance.

(9)

Previously approved site plans. Site plans approved prior to the effective date of this article shall remain valid provided a building permit is secured within one year from the date the planning commission approved or granted an extension of the site plan.

(10)

Pending applications. Even though an application may have been submitted prior to the effective date of the ordinance, if the application has not been approved and, if applicable, the permit issued, the provisions of this article shall govern that application.

(11)

Previously issued building permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this article, and if construction has begun within 180 days of the issuance of that permit and diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion and issuance of a use and occupancy permit, be occupied for the use originally intended.

(12)

Previously issued sign permits. See subsection 90-192(4) (transitional provision).

(13)

Previously issued use and occupancy permits. If a use and occupancy permit was lawfully issued prior to the effective date of this article, and the building and/or land has not yet been occupied for the purpose for which the permit has been issued, the permittee has six months from the date of the issuance of the permit to occupy the building and/or land for the purpose for which the permit was issued; otherwise, a new use and occupancy permit shall be required and shall only be issued if the proposed use conforms to the provisions of this article.

(Ord. No. 20-744, § 1.5, 6-1-2020)

If any chapter, paragraph, subdivision, clause, sentence, or provision of this article shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, invalidate, or nullify the remainder of this article. The effect of the judgment shall be confined to the chapter, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.

(Ord. No. 20-744, § 1.6, 6-1-2020)

The effective date of this article is May 1, 2020. The effective date of amendments to this article shall be the date the ordinance amending this article is adopted or any future date specified within the amending ordinance, which date shall be considered the effective date of this article in regard to the provisions amended.

(Ord. No. 20-744, § 1.7, 6-1-2020)

After the effective date of this article, the zoning ordinance of the city, as adopted on April 20, 1999, is expressly repealed in its entirety.

(Ord. No. 20-744, § 1.1, 6-1-2020)