The purpose of this article is to outline the specific powers of the different commissions, boards, and officials as they relate to this article.

(Ord. No. 20-744, § 2.1, 6-1-2020)

The Millersville City Commission shall have the following specific powers, pursuant to this zoning ordinance:

(1)

To make final decisions on all requests for amendment to the official zoning map (section 90-48).

(2)

To make final decisions on all requests for amendment to the text of the zoning ordinance (section 90-48).

(3)

To make final decisions on all requests for approval of a development plan as specified in article VIII (planned development districts).

(4)

To make final decisions on adoptions/revisions to the major thoroughfare plan (transportation plan) in accordance with state laws.

(Ord. No. 20-744, § 2.2, 6-1-2020)

(1)

Creation of BZA boards.

(a)

The board of zoning appeals, as created by ordinance, and as currently existing, shall remain in effect and authority.

(b)

The municipal board's authority is for territory within the city limits of the City of Millersville. Authority over any area annexed into the city is transferred to the municipal board.

(c)

Each board shall consist of seven members. The municipal board members shall reside within the city. The terms of the board members shall be for three years, or until replaced. The terms in effect prior to the adoption of this article shall continue. Terms shall be staggered in the current manner. Replacements shall be for the remaining term of the person replaced.

(d)

Appointments shall be by the Millersville City Commission in accordance with the Millersville Municipal Code as may be amended from time to time.

(e)

Members shall serve with such compensation as may be fixed by the Millersville City Commission.

(f)

Training and continuing education of board members shall be in accordance with state law, in particular T.C.A. § 13-7-205(c) as may be amended.

(2)

Powers of the board. The board of zoning appeals is hereby vested with the powers to:

(a)

The board of zoning appeals may, in appropriate cases and subject to the principles, standards, rules, conditions, and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent.

(b)

Hear and decide appeals from any order, requirement, decision, or determination made by planning staff in carrying out the enforcement of this article, whereby it is alleged in writing that staff is in error or has acted in an arbitrary manner (see section 90-43);

(c)

Hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and

(d)

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or of the extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation would result in peculiar and exceptional practical difficulties to or exception or undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance (see sections 90-44 and 90-45).

(e)

Variances may be authorized in accordance with subsection 90-44(5) (findings of fact), in which enforcement of the provisions of this article will result in practical difficulties or particular hardship for the owner of land or structures. (See section 90-44).

(f)

Hear and act upon applications for conditional use permits (see section 90-45).

NOTES:

^1.

Items may only be appealed to the board of zoning appeals if criteria outlined in chapter 4.4.5 (findings of fact) are met.

^2.

Variance/conditional use available to planned developments only.

^3.

As indicated in the permitted and conditional use tables listed in chapters 6 and 7.

^4.

Conditional use permit is not available in front yard. No appeal/variance available.

^5.

Available to residential property only.

(Ord. No. 20-744, § 2.3, 6-1-2020)

Planning commission refers to the Millersville Planning Commission as previously created by the Millersville Municipal Code which shall have the following powers, pursuant to this article:

(1)

To review and make final decisions on site plan and design review (section 90-47).

(2)

To make recommendations to the Millersville City Commission on amendments to the official zoning map (section 90-48).

(3)

To make recommendations to the Millersville City Commission on amendments to the text of the zoning ordinance (section 90-48).

(4)

To make recommendations to the Millersville City Commission on planned developments (sections 90-46, and 90-48).

(5)

To make recommendations to the Millersville City Commission to adopt/revise the major thoroughfare plan (transportation plan) in accordance with state law.

(6)

To adopt, in accordance with state law, a comprehensive plan; including a land use and transportation plan and other elements of said plan and amendments thereto.

(7)

To adopt and amend subdivision regulations in accordance with state law.

(Ord. No. 20-744, § 2.4, 6-1-2020)

(1)

The board of zoning appeals and the planning commission shall elect from its members its own chairman, vice-chairman, and secretary, who shall serve for one year and may upon election serve succeeding terms.

(2)

Any member of the board of zoning appeals or planning commission who shall have a direct or an indirect interest in any property which is the subject matter of, or affected by, a decision of the board or commission shall be disqualified from participating in the discussion, decision, and proceedings. The burden for revealing any such conflict rests with individual members of the board and commission. Failure to reveal any such conflict shall constitute grounds for immediate removal from the board or commission for cause.

(3)

Regular meetings shall be held at specific times and at such times as the board and commission may determine. The chairman of the board of zoning appeals, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(4)

The board of zoning appeals and planning commission shall adopt rules and/or by-laws for the conduct of its meetings. Such rules shall at the minimum require that:

(a)

The presence of a majority of the board or commission shall constitute a quorum. The concurring vote of a majority or members present shall constitute approval of a motion.

(b)

No action shall be taken until after a public hearing and notice thereof, if required by this article. Said notice of public hearing shall be in accordance with section 90-33.

(c)

The board and planning commission may call upon any other office or agency of the city government for information in the performance of its duties and it shall be the duty of such other agencies to render such information to the board or planning commission as may be reasonably required.

(d)

The planning commission may submit an advisory opinion on any matter before the board of zoning appeals, and such opinion shall be made part of record of such public hearing.

(e)

Any board or planning commission member, zoning administrator, or other employee charged with the enforcement of this article, acting for the City of Millersville in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability and shall be held harmless by the city of any damage that may occur to person or property as the result of any act required or permitted in the proper discharge of their duties. Any suit brought against any board or commission member, zoning administrator, or employee charged with the enforcement of any provision of this article shall be defended by legal representation furnished by the city until the final termination of such proceedings.

(f)

The board, planning commission, its members, and employees, in the performance of its work, may enter upon any land within its jurisdiction and make examinations and surveys and place or remove public notices as required by this article.

(Ord. No. 20-744, § 2.6, 6-1-2020)

The planning department refers to the City of Millersville Planning Department as directed by the planning director or his/her designees which may include planners and other staff. The planning department shall have the following powers, pursuant to this zoning ordinance:

(a)

To review and make decisions on zoning interpretations (section 90-42).

(b)

To review and make final decisions on staff-level site plan review (subsection 90-47(4)(a)).

(c)

To receive and process all applications for use and occupancy permits (section 90-50).

(d)

To review and make decisions on applications for sign permits (section 90-51).

(e)

To receive and process all applications for zoning permits.

(f)

To receive and forward applications for zoning appeals, zoning variances, site plans, design reviews, conditional uses, planned developments, zoning amendments, and other administrative reviews required by this article to the board of zoning appeals, planning commission, or Millersville City Commission, as indicated.

(g)

To conduct inspections of structures or the use of land to determine whether there is compliance with this article, and, in case of any violation, order corrective action.

(h)

To maintain permanent and current records as required by this article including, but not limited to, all relevant information and official action on inspections and violations, zoning appeals, zoning variances, site plans, design reviews, conditional uses, planned developments, zoning amendments, use and occupancy permits, and other administrative reviews.

(i)

To maintain and make available the city's official zoning ordinance text and map, and all permanent and current records required by this article.

(j)

To maintain for public distribution an adequate supply of the compiled text of the zoning ordinance text, including the official zoning map, and appropriate forms and instructional material for all required hearings and review procedures provided for herein.

(k)

Any language referring to the director also refers to the director's designee, if applicable.

(Ord. No. 20-744, § 2.6, 6-1-2020)