The purpose of this article is to delineate the scope of applicability, specific procedures and requirements, and approval criteria that are applicable to each zoning application and approval.

(Ord. No. 20-744, § 4.1, 6-1-2020)

(1)

Purpose. This formal interpretation authority is not intended to add or change the essential content of the ordinance. The formal interpretation authority is intended to recognize that the provisions of this article, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. Such issues may often be addressed by reference to general circumstances that the specific provision was intended to address.

(2)

Initiation. Applications for formal zoning interpretations may be filed by an owner or their authorized agent of any property in the city or planning region. In addition, the Millersville City Commission or the planning commission may request that the planning department render an interpretation. Requests initiated by the city require an application but are exempt from fees. The interpretation must be for the purpose of furthering some actual development.

(3)

Authority and execution. The planning department shall review and make final decisions on requests for interpretations. Nothing in this article shall require the planning department to make an interpretation if the department is of the opinion that the exposure to liability for the city on account of the interpretation outweighs the benefit to the applicant.

(4)

Procedure. All applications for interpretations shall be filed with the planning department, in accordance with the requirements in section 90-32 (application). Upon receiving a complete application, the planning department shall review a request for an interpretation and render the interpretation within a reasonable time. The planning department shall have the ability to request additional information prior to rendering an interpretation.

(Ord. No. 20-744, § 4.2, 6-1-2020)

(1)

Purpose. The zoning appeals process for review of decisions of the planning department is intended to provide appropriate checks and balances on administrative authority.

(2)

Initiation. Applications for appeals may be filed by any owner of any property in the city or planning region, their authorized agent or any resident that is directly affected by a decision made under this article by the planning department.

(3)

Authority and execution. The board of zoning appeals may review only those interpretations of the planning department which result from requests made pursuant to this article. Other decisions and actions of the planning department cannot be appealed under this process.

(4)

Procedure. All applications for appeals shall be filed with the planning department, in accordance with the requirements in section 90-32 (application). Upon receiving a complete application, the planning department shall forward a copy of the application to the board of zoning appeals. The board of zoning appeals shall conduct a public hearing, in accordance with section 90-34 (public hearing), within 60 days of receipt of a complete application. If, in the board of zoning appeal's judgment, the application does not contain sufficient information to enable the board to properly discharge its responsibilities, the board may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information. Notice shall be given in accordance with section 90-33 (notice). Following the close of the public hearing or within 45 days, the board of zoning appeals shall decide the appeal. The board of zoning appeals may reverse, affirm, modify the order, requirement, decision, or determination.

(5)

Limitations on appeals. A decision may only be appealed if an application to appeal is filed within 30 days of that decision.

(Ord. No. 20-744, § 4.4, 6-1-2020)

(1)

Purpose. The variance process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this article that create particular hardships.

(2)

Initiation. Applications for zoning variances may be filed by an owner of any property in the city or planning region, or their authorized agent for that property.

(3)

Authority and execution. Variances may be authorized by the terms of this article. Variances may be authorized only after a public hearing, where the board of zoning appeals has made findings of fact in accordance with subsection (5) (findings of fact) below, that owing to special conditions, a literal enforcement of the provisions of this article will result in practical difficulties or particular hardship for the owner of land or a structure.

(4)

Procedure. All applications shall be filed with the planning department in accordance with the requirements in section 90-32 (application). Upon receiving a complete application, the planning department shall forward a copy of the application to the board of zoning appeals. The board of zoning appeals shall conduct a public hearing, in accordance with section 90-34 (public hearing), within 60 days of receipt of a complete application. If, in the board of zoning appeal's judgment, the application does not contain sufficient information to enable the board to properly discharge its responsibilities, the board may request additional information from the applicant. In that event, the 60-day period shall be suspended, pending receipt of all requested information. Notice shall be given in accordance with section 90-33 (notice). Following the close of the public hearing or within 45 days), the board of appeals shall decide on the request.

(5)

Findings of fact.

(a)

No variance from the provisions of this article shall be granted unless the board of zoning appeals makes specific written findings of fact based directly on the standards and conditions imposed by this section. These standards are as follows:

1.

That by reason of exceptional narrowness, shallowness, or shape of a particular piece of property at the time of enactment of this article, or by reason of exceptional topographic conditions or other exceptional and extraordinary situation or condition of such piece of property, the strict application of any bulk standards contained within this article would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property.

2.

The variance is the minimum variance that will relieve such difficulties or hardship and make possible the reasonable use of the land, building, or structure.

3.

The variance will not authorize uses in a zone district other than those permitted by this article.

4.

Financial considerations shall not be considered as a basis for granting a variance.

(b)

The board of zoning appeals in making its findings of fact, may inquire into the following evidentiary issues, as well as any others deemed appropriate:

1.

The granting of the variance will not be detrimental to the public welfare, injurious to other property or improvements in the area in which the property is located, or a substantial impairment to the intent and purpose of the zoning district where the property is located or the general provisions of the ordinance.

2.

The proposed variance will not impair an adequate supply of natural light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or impair property values within the neighborhood.

3.

The alleged difficulty or hardship has not been knowingly or intentionally created by any person having an interest in the property.

4.

The proposed variance is consistent with the spirit and intent of this article and the adopted land use and transportation plan.

(6)

Variance less than requested. A variance less than that requested may be granted by the board of zoning appeals when the record supports the applicant's right to some relief, but not to the entire relief requested.

(7)

Variance appeals. Any person aggrieved by a decision of the board of zoning appeals on a variance may appeal by certiorari to a court of competent jurisdiction.

The judgment and findings of the board on all questions of fact that may be involved in any appeal, cause, hearing, or proceeding under this article shall be final and subject to review only for illegality or want of jurisdiction.

(Ord. No. 20-744, § 4.4, 6-1-2020)

(1)

Purpose. The development and execution of a zoning ordinance is based upon the division of the city into districts. Within each district, the use of land and buildings and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses may be either public or private and are of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

Initiation. Applications for conditional uses may be filed by an owner of any property in the city or planning region for that property or their authorized agent to use that land for one or more of the conditional uses provided for in this article within the zoning district in which the land is situated.

(3)

Authority and execution. The board of zoning appeals shall take formal action on conditional use requests. In the case of planned developments, the planning commission shall act as the board of zoning appeals. See article VIII (planned development districts) for conditional uses in planned developments.

(4)

Procedure. Applications for conditional uses shall be filed with the planning department in accordance with the requirements in section 90-32 (application). Upon receiving a complete application, the planning department shall schedule the application for consideration by the board of zoning appeals.

(a)

Action by the board of zoning appeals.

1.

The board of zoning appeals shall conduct a public hearing on a proposed conditional use in accordance with section 90-34 (public hearing) no more than 60 days after receipt of a complete application. Notice for the public hearing shall be in accordance with section 90-33 (public notice). If, in the board of zoning appeals' judgment, the application does not contain sufficient information to enable the board of zoning appeals to properly discharge its responsibilities, the board may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information.

2.

The board of zoning appeals shall, immediately following or within 45 days of the close of the public hearing, make the determination as to the granting of the conditional use.

(b)

Conditions on conditional uses. The board of zoning appeals shall confirm that the applicant has shown that they will comply with any use-specific standards as referenced in the tables of permitted and conditional uses as contained in section 90-123 (use-specific standards). The board of zoning appeals may also impose additional conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as may be deemed necessary for the protection of the public interest.

(5)

Findings of fact.

(a)

No conditional use shall be approved by the board of zoning appeals unless it has made findings of fact, based upon the evidence presented at the public hearing, to support each of the following conclusions:

1.

The conditional use is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected.

2.

The conditional use will not adversely affect other property in the area in which it is located.

3.

The conditional use conforms to all applicable provisions of this article for the district in which it is to be located.

4.

The conditional use in the specific location proposed is consistent with the spirit and intent of this article and the land use and transportation plan.

(b)

The board of zoning appeals, in making findings of fact, may inquire into the following evidentiary issues, as well as any others it determines to be appropriate:

1.

Whether property values in the immediate vicinity of the conditional use will be diminished or impaired.

2.

Ingress and egress to the subject property and its proposed structures, with particular attention to automotive and pedestrian safety and convenience, traffic flow and control, including access by emergency vehicles.

3.

Off-street parking and loading areas proposed for the conditional use, with particular attention to the location and adequacy of such facilities.

4.

The operational characteristics of the proposed conditional use and their effects on adjacent properties. Particular attention shall be given to the hours of operation, noise, glare, odor, refuse storage, and other relevant environmental factors.

5.

Utilities and storm drainage facilities as proposed, with reference to their location, availability, adequacy, and compatibility.

6.

Screening, landscaping, and buffering, with specific reference to the type proposed, the dimensions and character, and the effectiveness in shielding adjacent properties.

7.

Signs and proposed exterior lighting with reference to glare, traffic safety, and compatibility, and harmony with adjacent properties.

8.

The quantity and degree of deviation from the applicable requirements of the district in which the subject property is located, as balanced against the desirability of the conditional use.

(6)

No presumption of approval. The listing of a use as a conditional use within a zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to all applicable standards of this article. Such evaluation will determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.

(7)

Appeal of denial. Any person aggrieved by a decision of the board of zoning appeals on a conditional use may appeal by certiorari to a court of competent jurisdiction. The judgment and findings of the board on all questions of fact that may be involved in any appeal, cause, hearing, or proceeding under this article shall be final and subject to review only for illegality or want of jurisdiction.

(Ord. No. 20-744, § 4.5, 6-1-2020)

See article VIII (planned developments) of this article for planned development process and requirements.

(Ord. No. 20-744, § 4.6, 6-1-2020)

(1)

Purpose. The site plan and design review process is intended to promote orderly development and redevelopment in the city, and to assure that such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with the land use and transportation plan, and promotes the general welfare of the city. This article provides standards by which to determine and control the physical layout and design to achieve the:

(a)

Compatibility of land uses, buildings, and structures.

(b)

Protection and enhancement of community property values.

(c)

Efficient use of land.

(d)

Minimization of traffic and safety hazards and efficient parking layout.

(e)

Minimization of adverse impacts on the environment, including the incorporation of sustainable design and green architecture techniques.

(2)

Initiation. Applications for site plan and design review approval may be filed by an owner of any property in the city or planning region, or their authorized agent.

(3)

Authority and execution.

(a)

Site plan and design review approval is required for the following:

1.

The construction of all new buildings and structures, principal and accessory, including additions, with the exception of single-family dwellings and their accessory buildings constructed in an approved subdivision (as opposed to a horizontal property regime) and temporary structures as regulated by section 90-126 (temporary uses and structures).

2.

The occupancy of land (without a building or structure) for any activity except single-family dwellings and temporary uses as regulated by section 90-126 (temporary uses and structures).

3.

Construction or establishment of a parking lot or enlargement of an existing lot.

4.

Construction of a residential subdivision or multi-family development entry way.

5.

Any development utilizing a horizontal property regime (HPR).

(b)

Design review (but not site plan) approval to confirm compliance with article XII (building design standards) is required for the following, excluding single-family dwellings:

1.

Any external modification where the estimated cost of the modifications and improvements exceeds 20 percent of the total appraised value of the structures to be improved, as set forth in the most current county tax records.

2.

The following shall be subject to design review but for the proposed modification only:

A.

Changing the color of more than 25 percent of the exterior of the building.

B.

Adding or replacing awnings, except replacing with the same size, style and color.

C.

Modifying the roof, except replacing with the same roof type.

D.

Adding or changing any dormer, cupola, pergola, or other architectural feature.

3.

Placing neon tubing and strings of LED and similar lighting on a site or building or within the windows or doors of a building if visible from outside the building.

Exception: Traditional holiday lighting displayed for not more than two 30-day periods per calendar year, which periods may run consecutively.

4.

Any other external modification which the planning department determines to possess design characteristics which merits review to achieve the purpose of this article. Reasons for the planning department's determination shall be clearly stated in writing. Appeals from the department's determination shall be filed with the planning commission within 15 days thereof and resolved by the planning commission within 45 days of the filing of the appeal.

(4)

Procedure. Applications for site plan and design review shall be filed with the planning department in accordance with the requirements in section 90-32 (application). Once it is determined that the application is complete, the application shall be forwarded to the planning commission, unless such application is eligible for staff level site plan and design review.

(a)

Applications for staff level site plan and design review.

1.

Applications eligible for staff level site plan and design review. The following activities require site plan and design review approval by the planning department only. The planning department has the authority to require that the planning commission review an application intended for staff level site plan review if the planning department determines such is appropriate because of the nature of the request.

A.

New construction and modifications to existing ham radio antennas and equipment, subject to subsection 90-123(3) (amateur HAM radio equipment).

B.

Modifications to existing cell towers and antenna support structures.

C.

Addition to an existing building or structure which measures up to 25 percent of the area of the existing building.

D.

Addition of accessory building(s) measuring up to 25 percent of the area of the existing principal building(s) on the site. The addition of solar panel canopies is not eligible for staff level approval.

E.

Construction or establishment of a new parking lot with not more than 25 parking spaces.

F.

The addition of up to 25 parking spaces or less than 25 percent additional parking spaces to an existing parking lot, whichever is greater.

G.

Any decrease in square footage for structures, parking or paved areas.

H.

External modifications as stated in subsection subsections 90-47(3)(b)2., 90-47(3)(b)2, and 90-47(3)(b)4.

I.

Residential subdivision or multi-family development entry way.

2.

Procedure for staff level site plan and design review.

A.

A decision on a staff level site plan and design review application shall be rendered by the planning department within 45 days of receipt of a complete application submitted by the deadline specified in the submittal guide published annually by the planning department.

B.

If, in the planning department's judgement, the site plan and design review application does not contain sufficient information to enable the planning department to properly discharge its responsibilities, the planning department may request additional information from the applicant. In that event, the 45-day period shall be suspended pending receipt of all requested information.

C.

The planning department may approve, approve with conditions, or reject the site plan and design review application. Within 15 days of the decision, the planning department shall notify the applicant of the action taken. The planning department shall evaluate the site plan and design review application pursuant to the standards in subsection 90-47(5) (standards for site plan and design review).

D.

If the planning department rejects a site plan and design review application, the applicant may resubmit the application to the planning commission, in accordance with the procedures in subsection 90-47(4)(b) (planning commission site plan and design review) below.

(b)

Planning commission site plan and design review.

1.

Applications requiring site plan and design review by planning commission. All activities requiring site plan and design review, except those set forth in subsection (a) (applications eligible for staff level site plan and design review), shall be reviewed by the planning commission.

2.

Procedure for site plan and design review by planning commission.

A.

A decision on a completed application for site plan and design review by the planning commission shall be rendered within 60 days of the date the complete application is received by the planning department.

B.

If, in the planning commission's judgment, the site plan and design review application does not contain sufficient information to enable the commission to properly discharge its responsibilities, the commission may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information.

C.

The planning commission shall approve, approve with conditions or deny the site plan within 60 days. The vote on every decision of the planning commission, with respect to site plan and design review shall be included in the commission's minutes. The planning commission shall evaluate the site plan and design review application pursuant to the applicable standards in subsection (5) (standards for site plan and design review) below. Planning commission approval or denial of a site plan shall be considered a final administrative decision.

(5)

Standards for site plan and design review. Each site plan and design review application submitted for review shall include the following details: the location of principal and accessory structures, infrastructure, open space, landscaping, exterior lighting, traffic movement and flow, number of parking spaces, design of parking lots, and location of landscaping and screening and all other elements of the site and building as regulated by article XI (site development standards) and article XII (building design standards) and as specified on the site plan and design review checklist as prepared by the planning department. In reviewing site plans, the relationship of the site plan to the following shall be considered:

(a)

Compatibility with the goals and objectives of the land use and transportation plan.

(b)

Conformity with this article, including in particular the following tables and sections:

1.

Table 4 (residential districts lot and building bulk standards) as contained in section 90-73 (lot and building bulk standards).

2.

Table 6 (commercial districts lot and building bulk standards) as contained in section 90-84 (lot and building bulk standards).

3.

Any applicable use-specific standards as contained in section 90-123 (use-specific standards).

4.

Article XI (site development standards) which includes standards for off-street parking and loading, outdoor lighting, landscaping, screening and tree preservation, residential subdivision and multifamily development entry ways, walls and fencing, street and other required improvements, and utility service.

5.

Article XII (building design standards) which includes building design standards for residential, commercial and industrial buildings.

6.

Article XIII (sign standards).

(c)

Conformity with the Millersville Subdivision Regulations. In particular, if land is to be subdivided in conjunction with the proposed site development, the lot involved shall first be approved in accordance with the subdivision regulations. The lot as shown on the submitted site plan shall be identical to the lot as shown on the recorded subdivision plat in regard to size, dimensions, adjacent right-of-way, easements and all other matters. If additional right-of-way and/or easements must be dedicated as per section 90-147 (street and other required improvements), such will require the submittal, approval and recording of a revised subdivision plat unless other methods of dedication are approved by the planning department.

(d)

Degree of conformity with all other applicable city codes and regulations.

(6)

Amendments to approved site plan reviews. Any amendments to approved site plan and design review shall conform to requirements in section 90-47.

(7)

Modifications prohibited. Building and site improvements, the design of which is regulated by this article or the Millersville Design Review manual shall not be modified except in conformance with this article. The design of said improvements and all features thereof shall be maintained as originally approved.

(8)

Expiration and extensions. Site plan and design review approval is valid for a period of two years from the date of planning commission approval. The owner may apply for, and the planning commission may grant, a one-time only extension of up to one year, subject to planning staff review and comments which may include any changes required to conform with the most current requirements.

(Ord. No. 20-744, § 4.7, 6-1-2020)

(1)

Purpose. The regulations imposed and the districts created by this article may be amended from time to time in accordance with this article. This process for amending the zoning ordinance text or the zoning map is intended to permit modifications in response to changed conditions or changes in city policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(2)

Initiation. Applications for zoning amendments (text or map amendments) may be filed by the city or by an owner of any property that is in the city or planning region, or by their authorized agent.

(3)

Procedure. Applications shall be filed with the planning department, in accordance with the requirements of section 90-32 (application). Upon receiving a complete application, the planning department shall schedule the application for consideration by the planning commission. Amendments initiated by the city also require an application but are exempt from fees. (See appendix A: annexation, rezoning/preliminary development plan, final development plan, subdivision review, site plan process).

(a)

Action by the planning commission.

1.

Zoning map amendment.

A.

The planning commission shall conduct a public hearing on a proposed zoning map amendment, in accordance with section 90-34 (public hearing) no more than 60 days after receipt of a complete application. Notice for the public hearing shall be in accordance with section 90-33 (notice). If, in the planning commission's judgment, the application does not contain sufficient information to enable the commission to properly discharge its responsibilities, the commission may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information.

B.

For zoning map amendments, the planning commission shall make findings of fact, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in subsection (4) (findings of fact for zoning amendments) below.

C.

Within 45 days of the close of the public hearing for zoning map amendments. The planning commission shall forward to the Millersville City commission its recommendation, together with the commission's findings of fact. The commission recommendation may take the form of approval or denial. If the requested amendment is a text amendment, the recommendation shall include the commission's proposed language.

2.

Zoning text amendment. Within 45 days of the close of the meeting for zoning text amendments, the planning commission shall forward to the Millersville City Commission its recommendation. The planning commission recommendation may take the form of approval or denial. The requested text amendment shall include the planning commission's proposed language.

(b)

Action by the Millersville City Commission.

1.

Within 30 days of receipt of the planning commission's report and recommendation, the Millersville City Commission shall review and act upon the zoning text or zoning map amendment. The Millersville City Commission may take action in the form of approval or denial. In the case of zoning text amendments, the Millersville City Commission shall not be bound by the precise language of the commission recommendations. The Millersville City Commission may also refer the application back to the commission for further consideration.

2.

Amendments to both the zoning text and zoning map require the approval of the Millersville City Commission at two separate readings by a simple majority vote. The Millersville City Commission shall conduct a public hearing prior to final approval.

(4)

Findings of fact for zoning map amendment.

(a)

The planning commission in its review and recommendation and the Millersville City Commission in its deliberations shall make specific findings with regard to the following grounds for a zoning map amendment:

1.

The amendment is in agreement with the land use plan.

2.

There will be no significant adverse effect upon adjoining property owners, unless such effect can be justified by the overwhelming public good or welfare.

3.

Conditions affecting the area have changed to a sufficient extent to warrant an amendment to the area's land use plan, if required, and subsequently, the zoning map.

Note: If rezoning is associated with planned development, refer to subsection 90-98(3)(b)2.

(Ord. No. 20-744, § 4.8, 6-1-2020)

(1)

Purpose. The purpose of this section is to verify that a proposed development activity conforms to this article and other related city codes and ordinances before building and other construction related activity occurs.

(2)

Applicability. The requirements of this section apply to the construction or placement of any building or structure, including residential, institutional, commercial, or otherwise. This section also applies to accessory buildings and structures.

(3)

Zoning permit required. Before any building permit is issued by the Millersville Building Department, and before construction or placement commences even if a building permit is not required, written verification from the planning department shall be secured in the form of a zoning permit to confirm that the proposed activity (with the exception of interior residential renovations that do not involve the addition of a second kitchen) conforms to this article.

(4)

Expiration of zoning permit. Zoning permits shall expire one year after the date of issuance, unless construction has commenced.

(Ord. No. 20-744, § 4.9, 6-1-2020)

(1)

Purpose. The purpose of a use and occupancy permit is to promote ordinance compliance by establishing a procedure for the city to certify that the proposed use and occupancy of building or land complies with all standards of the ordinance. This is not the same as a "certificate of occupancy" issued by the codes department.

(2)

Applicability. No new building or structure, other than one-family dwellings and their accessory structures, shall be occupied, nor shall any existing building or structure, other than one-family and townhome dwellings and their accessory structures, be re-occupied even by a new user for the prior use, nor shall any land be occupied for purposes regulated by this article unless the planning department has issued a use and occupancy permit certifying that the proposed structure(s) or use(s) complies with all the provisions of this article.

(3)

Procedure. The planning department shall be responsible for issuing use and occupancy permits. All applications for major and minor use and occupancy permits shall be made to the planning department.

A major use and occupancy permit application shall be distributed accordingly to the appropriate departments by the planning department based on improvements and/or changes made to the location. The planning department shall be the final approval after all other appropriate departments have signed off in the major use and occupancy permit procedure.

A major use and occupancy permit will be required for the following circumstances:

(a)

Change in use from a previous use.

(b)

Occupancy of any new building, with exception of one-family dwellings. A final site plan review must be conducted and be found in full compliance.

(c)

Occupancy of any new detached accessory dwelling.

(d)

Occupancy of land.

Example: Parking, semi-truck storage, Christmas tree lots, etc.

A minor use and occupancy permit application shall document the change in ownership and/or in business within the previously approved use. The planning department shall determine if the proposed use may be permitted at the proposed location.

A minor use and occupancy permit will be required for a change in ownership and/or change in business within the previously approved use.

Example: Apartment complex changing ownership, new restaurant in an existing restaurant location, etc.

Once the major or minor use and occupancy permit has been approved and issued by the planning department, the applicant is able to proceed to the business license office to secure a business license.

(4)

Certification. Any application for use and occupancy permit involving any development for which site plan and/or design review approval is required by the provisions of section 90-47 (site plan and design review), except staff approved projects, shall be accompanied by a completed final site certification prepared by a licensed engineer engaged in the practice of civil engineering and a licensed landscape architect, certifying the development is in substantial compliance with the plan approved by the Millersville Planning Commission.

To be included are all aspects of the development project to include, but not be limited to:

(a)

Location and dimensions of all buildings, parking areas, and other site features;

(b)

Location and sizes of all utilities and storm drainage facilities as established on the site; and

(c)

Location and material (to include plant names and height where specified) of all landscaping and site plantings.

(5)

Temporary use and occupancy permits. A temporary use and occupancy may be issued prior to completion of all construction and prior to completion of all requirements of this article, and all other municipal requirements, provided the planning department, construction codes inspectors, fire marshal and utility district have inspected the premises and determined that the project is sufficiently complete to allow for occupancy of the premises and have authorized such occupancy in writing in a manner set forth by the planning department. Reasonable terms may be imposed as a condition of allowing occupancy. For example:

(a)

A time limit shall be imposed for completion of the remaining improvements.

1.

The temporary use and occupancy permit shall expire upon expiration of the time limit, which will be set by the city based on the amount of time the city determines necessary and appropriate.

2.

In the case of the time allowed to complete landscaping, sufficient time shall be given to avoid planting during dry, hot, or freezing weather.

3.

The time limit shall not exceed six months for a temporary use and occupancy permit. Up to three six-month extensions may be granted for temporary use and occupancy permits.

(b)

A surety may be required to guarantee the completion of all remaining required improvements such as, but not limited to, landscaping, irrigation, final grading, and drainage.

1.

The surety shall be in the amount specified by the planning department and city engineer.

2.

The surety shall be in the form of a letter of credit as included in appendix B (letter of credit). A cashiers' check or certified check will also be accepted and shall be deposited immediately into the city's bank account.

3.

The planning director and city engineer may agree to a reduction in the surety amount as portions of the work are completed. This surety shall be returned to the issuer upon the issuance of a permanent use and occupancy permit.

4.

Where surety has been posted, and required improvements have not been installed within the terms of the surety and temporary use and occupancy, then the planning director and/or mayor may declare the surety to be in default and authorize the calling of the surety and the completion of the improvements under the supervision of the city departments.

(6)

Expiration of use and occupancy permits. Once the permanent use and occupancy permit is issued, the business or entity has one year from the date issued to occupy the approved location. If the business or entity fails to occupy the approved location within one year, the permit is void and will require a new application for the use and occupancy permit.

(Ord. No. 20-744, § 4.10, 6-1-2020)

(1)

Applicability. No sign, except those identified in article XIII (signs) as being exempt or not requiring a permit, shall be erected, constructed, altered or relocated without first obtaining a sign permit. Application for the permit shall be in accordance with section 90-32 (application).

(2)

Authority. The planning department shall be responsible for determining compliance with this article. The planning department shall be responsible for issuing a sign permit.

(3)

Sign permit issuance. Upon the filing of an application for a permit for erection, alteration or relocation of a sign, the planning department shall, within five working days, determine whether the application is complete. If the application is not complete, the planning department shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied. Once it is determined that the application is complete, the planning department shall:

(a)

Examine the plans and specifications and the premises upon which the proposed sign is to be erected, altered, or relocated.

(b)

Within ten working days of receiving a complete and correct application, issue a permit if the sign complies with the requirements of this article and all other ordinances of the city. If the work authorized under a sign permit is not completed within six months after the date of issuance, the permit becomes null and void.

(4)

Approval of electrified signs. The application for a sign permit for the erection of a sign in which electrical wiring and connections are to be used shall be submitted to the planning department. A permit will not be issued by the planning department until an electrical permit is presented to the planning department by the applicant.

(5)

Inspection. The planning department may inspect, at such times as deemed appropriate, each sign or other advertising structure regulated by this article. The purpose of the inspection is to ascertain whether the structure is secure or insecure, whether in need of repair or removal, or not in conformance with the permit application or otherwise in violation of the provisions of this article.

(6)

Revocation of permit. All rights and privileges acquired under the provisions of this section are mere licenses revocable at any time by the planning department. Upon the termination or revocation of the sign permit, the applicant shall remove the sign or other advertising structure without cost or expense of any kind to the city. In the event of failure, neglect, or refusal on the part of the applicant to do so, the city may proceed to remove the same and charge the expense to the applicant or property owner.

(Ord. No. 20-744, § 4.11, 6-1-2020)

(1)

Applicability. No tree that is ten inches DBH and larger and within a commercial or industrial zoning shall be removed without first obtaining a tree removal permit. Application for the permit shall be in accordance with section 90-32 (application). Trees identified for removal shall be replaced at half the DBH value of the removed tree. For example, an existing 20 inches DBH tree would be replaced with new trees equaling ten caliper inches.

Lots or parcels with an approved and current site plan are not required to obtain the tree removal permit, however, are required to maintain the site in accordance with the approved landscape plan as required in subsection 90-144(3)(d) (maintenance).

A tree removal permit shall not be required for the removal of trees where:

(a)

There is the danger of a tree falling or damaging a structure.

(b)

A tree is a detriment to vehicular or pedestrian access as determined by the city planning, public works, codes, or fire department.

(c)

Damage will result to utilities or structures from tree roots.

(d)

Vehicular and sight distance will be affected.

(e)

Written verification from a qualified specialist that a tree is dead or dying.

(f)

Removal is required by the public works department for stormwater management activities.

(2)

Authority and execution. The planning department shall be responsible for determining compliance with this article. The planning department shall be responsible for issuing tree removal permits.

(3)

Permit issuance. An application for a tree removal permit shall be accompanied by a tree survey. The type of tree survey shall be one of the following:

(a)

A survey stamped by a licensed surveyor. The location, size, and species of trees to be removed shall be shown on the survey.

(b)

At the discretion of the planning department, in lieu of a tree survey in subsection (a) above, a tree sample may be conducted, the results of which are reflected on a plan stamped by a licensed landscape architect. The sample size and quantity shall be as determined by planning department staff based on the size of the lot or parcel and the consistency of tree cover types across the lot or parcel, but at a minimum there shall be at least one 50-foot by 50-foot sample area. The location(s) of sample areas shall be selected in consultation with the planning department. Within each sample area, tree sizes ten inches DBH and larger shall be recorded. The average of the sample(s) shall then be applied on a square foot basis to the portion of the site under tree cover being removed.

(c)

If ten or fewer trees are proposed to be removed, the survey may be a plan drawn based on a visual inspection of the site. Trees shall be plotted based on visual reference to property lines and other landmarks.

Trees identified for replacement shall be paid into the tree bank or planted on public property in accordance with subsection 90-144(12)(f). As an alternative, the applicant may choose to provide a performance agreement guaranteeing that the trees will be replaced at such time that the site is developed (i.e., prior to a building permit being issued). This option is not available to any lot or parcel on which development has already occurred. The agreement shall be recorded with the registered of deeds.

Upon approval of the tree survey by planning department staff, payment into the tree bank, and/or recording of a performance agreement (if applicable), a tree removal permit may be issued.

(4)

Failure to obtain tree removal permit. In the event trees are removed without first obtaining a tree removal permit, determination of the number of tree inches to be paid into the tree bank shall be made by the planning department staff based on available evidence of the type and size of tree cover that existed prior to removal, including, but not limited to: felled trees remaining on the site, existing trees remaining on the site or on adjacent sites, and/or the latest available aerial photos. Alternative methods for replacement of trees outlined in subsection (3) above will not be considered. If the available evidence is not sufficient to make a determination, then the assumed tree density shall be 160 inches per acre

(Ord. No. 20-744, § 4.12, 6-1-2020)

Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor and shall be punished as provided by law. Each day such violation exists shall be deemed a separate offense.

Planning department staff may remove, discard, or destroy temporary signs which are in violation of this article.

(Ord. No. 20-744, § 4.13, 6-1-2020)