[Reserved for future use.]

(Ord. No. 20-744, § 3.1, 6-1-2020)

(1)

Authorization. An application for a zoning interpretation, zoning appeal, zoning variance, conditional use permit, site plan, design review, planned development, use and occupancy permit, zoning text amendment, zoning map amendment, tree removal permit, zoning permit, or sign permit may be filed by an owner of the subject property in the city or their authorized agent.

(2)

Pre-submittal staff meeting. Applicants and their professional consultants are encouraged to meet with city staff prior to finalizing and submitting applications. This especially applies to planned development plans, zoning amendments, and site plan and design review applications. City staff which should participate varies with conditions, but may include staff from the planning, public works, and codes departments, and the fire marshal. The applicant is encouraged to provide plans which the staff may retain to review in more detail. The meeting should be scheduled far enough in advance to allow for meaningful review and for changes to be made to the application and plans prior to the submittal date.

(3)

Filing.

(a)

An application for a zoning interpretation, zoning appeal, zoning variance, site plan and/or design review, conditional use permit planned development, zoning text amendment, zoning map amendment, use and occupancy permit, tree removal permit, zoning permit, or sign permit shall be filed with the planning department.

(b)

The application shall be submitted by the deadline specified in the submittal guide published annually by the planning department. Application shall be on forms provided by the city and shall be filed in such number as the instructions provide. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. Maximum plan sizes are shown on the submittal guide available in the office of the planning department and on the city website. The application shall include information, plans and data as specified on the checklist provided by the planning department and sufficient to determine whether the application conforms to the requirements set forth in this article.

(4)

Completeness. The planning department shall determine whether the application is complete. If the application is not complete, the planning department shall notify the applicant of any deficiencies within one week and shall take no steps to process the application until the deficiencies are remedied. Once the planning department determines that the application is complete, the application shall be scheduled for consideration by the appropriate board, commission or official.

(5)

Fees. Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the Millersville City Commission. The failure to pay such fee when due shall be grounds for refusing to process the application, and for denying or revoking any permit or approval for the subject property. No fees shall be waived except those authorized by the Millersville City Commission at its sole discretion. No fees shall be refunded except those by the planning department director at their sole discretion.

(6)

Staff review and comments. Copies of the submitted plans for development plans and site plan and design review approval shall be distributed by the planning department to all city staff which administers standards which relate to the application. These may include planning staff, public works staff, codes inspectors, and the fire marshal.

Planning staff review of all applications shall be under the supervision of a planning director. Staff review of landscape and irrigation plans shall be performed under the supervision of a licensed landscape architect.

Staff shall submit initial staff comments in accordance with the submittal guide.

Applicants shall address all staff comments. This does not mean applicants shall make all changes recommended by staff, but, if not, appropriate written response must be provided. If not, the staff has the right to withhold applications from the agenda until responses are provided. Applicants shall submit final plans as per the submittal guide. The number and size of copies shall be as specified in the submittal guide.

Staff shall submit final staff comments. The planning department shall assemble the comments into a staff report and comments which shall be distributed to the planning commission and applicant.

(7)

Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a city official, commission or board, including the ability to withdraw the application if it has been deferred by a commission or board. There shall be no refund of fees. Requests for withdrawal shall be in writing by the applicant, or their designated representative.

(8)

Successive applications. Within one year of the date of denial, a subsequent application shall not be reviewed or heard unless there is substantial new evidence available, or if a significant mistake of law or of fact affected the prior denial. Such subsequent application then shall include a detailed statement of the grounds justifying its consideration. The planning department director shall make a determination as to whether the subsequent application is appropriate. If the planning department director finds that there are no grounds for consideration of the subsequent application, he/she shall summarily, and without hearing, deny the request.

(Ord. No. 20-744, § 3.2, 6-1-2020)

(1)

Type(s) of notice required.

(a)

Zoning text amendment:

1.

Published Notice of Millersville City Commission Public Hearing. See subsection 90-33(2) (published notice).

(b)

Zoning map amendment/rezoning including rezoning to a planned development along with the approval of preliminary development plan:

1.

Mailed notice and posted notice of planning commission public hearing. See subsections 90-33(3) (mailed notice) and 90-33(4) (posted notice).

2.

Mailed notice and published notice of the Millersville City Commissioners Public Hearing. See subsections 90-33(3) (mailed notice) and 90-33(2) (published notice).

(c)

Changes/revisions to planned development plans:

1.

Mailed notice of the planning commission and/or Millersville City Commission Public Hearing. See subsection 90-33(3) (mailed notice).

NOTE: As per section 90-99 (changes to planned developments), the planning commission and Millersville City Commission decide on a case-by-case basis as to whether it will conduct a public hearing.

(d)

Zoning variance and conditional use:

1.

Published notice of board of zoning appeals public hearing. See subsection 90-33(2) (published notice),

2.

Mailed notice of board of zoning appeals public hearing. See subsection 90-33(3) (mailed notice).

(2)

Published notice. The notice shall be published in a newspaper of general circulation within the city. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, and the address or location of the subject property. Such notice shall be published no less than 15 days, nor more than 30 days, in advance of the scheduled hearing date. A copy of the published notice shall be provided to the clerk of the board and to the board.

(3)

Mailed notice.

(a)

Mailed notice shall be in the form of a written notice provided by the planning department. The notice shall be mailed by regular mail no less than 15, but no more than 30, days prior to the public hearing to all affected property owners located within 250 feet from the property line of the subject property. The planning department may increase this distance as deemed appropriate for the circumstances. The 250 feet shall be measured from all directions along the perimeter of the subject property.

(b)

The planning department shall obtain the names and mailing addresses of the affected owners from the county tax assessor geographic information system or similar service. The city shall provide an affidavit stating that notices were mailed. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant, and the address or location of the subject property.

(4)

Posted sign notices. A sign shall be posted on the subject property in accordance with the following provisions:

(a)

Location and time period for posting signs. The required posting period shall be no less than 15 consecutive days, but no more than 30 days, prior to the public hearing (excluding the day of the hearing). The sign shall be posted at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to passing pedestrians and motorists. Properties with more than one street frontage shall be required to post one sign visible from each street frontage, if, in the opinion of the planning department, such is appropriate.

(b)

Responsibility for posting signs. It is the city's responsibility to erect the sign on the property. The city shall provide an affidavit to the body conducting the hearing verifying compliance with the sign posting requirement. (See Appendix F).

(5)

Failure to post. Failure to provide notice as required by this article may constitute grounds for suspension or continuance of the approval process; however, failure to post or sign, theft, etc. of a public notice sign shall not be used as a basis for a legal challenge of a proposed zoning amendment.

NOTES:

^1.

These notice requirements do not pertain to revisions limited to the planning department staff review and approval authority.

^2.

Notice of a requested amendment to the future land use and transportation plan shall be published no less than 30 days in advance of the scheduled hearing date.

^3.

Post the resolution in three public places in the territory proposed to be annexed and in three public places within the municipality (city hall, fire administration building, and library).

^4.

If a project/development requires posted public notice, the applicant is responsible for mowing and/or maintaining existing grass or other landscaping at least 15 feet back from all road frontages to allow for sign visibility.

(Ord. No. 20-744, § 3.3, 6-1-2020)

(1)

Conduct of public hearings.

(a)

A public hearing is a formal proceeding mandated by law for the purpose of taking evidence to formulate a decision or recommendation on an issue within the jurisdiction of the board of zoning appeals, planning commission and Millersville City Commission. The primary purpose of a public hearing is to allow interested parties an opportunity to listen and comment on evidence presented at any legislatively mandated proceeding.

(b)

Meetings of the board of zoning appeals, planning commission, and Millersville City Commission, including public hearings, shall be subject to the Tennessee Open Meetings Act.

(c)

The chair, with the consent of two-thirds majority of the body present, may limit individual testimony to a specific time to provide a reasonable opportunity for all interested persons to testify.

(d)

At a public hearing, an applicant may appear on his or her own behalf or may be represented by an attorney, consultant or other agent qualified to represent the petitioner.

(e)

In addition to the applicant, any person having an interest in the action which is the subject of the public hearing may appear at the public hearing and give testimony.

(f)

An interested party wishing to testify at the public hearing shall state for the record his or her name and address.

(g)

Minutes shall be distributed with the agenda for the next regular meeting, or as soon as such may be reasonably available.

(2)

Continuances. The chair, with approval of the body conducting the hearing, or, in the absence of a quorum, the planning staff in attendance, may change or continue the regular public hearing date and time. In order to reopen the hearing, no new notice shall be required if a hearing is continued to a specific date, provided that a public announcement of the future date, time and place of the continued hearing is made at the hearing, and placed in the minutes. If the hearing is adjourned, rather than continued to a specific date, in order to reopen the hearing, all notices must be given that would have been required for the initial public hearing per subsection 90-33 (notice).

(Ord. No. 20-744, § 3.4, 6-1-2020)