The action of the Town of Somerville, Tennessee in the adoption of this Zoning Ordinance is authorized under the State of Tennessee, Tennessee Code Annotated ("T.C.A."), § 13-7-202.

For the general purposes of promoting the health, safety, and general welfare of the citizens of Somerville, Tennessee, the Town of Somerville Board of Mayor and Aldermen hereby ordains, adopts and enacts this zoning ordinance in its entirety which shall be known as the Town of Somerville, Tennessee Zoning Ordinance ("zoning ordinance"), and shall be chapter 2 of Title 14 of the Somerville Municipal Code. This zoning ordinance shall apply to all real property lying within the confines of the corporate limits of Somerville, Tennessee, as shown on the current zoning map.

If any portion or provision of this chapter is held or adjudicated to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions or provisions of this chapter, and the remaining portions or provisions shall be unaffected and remain in full force and effect.

As the context may require in this chapter:

(1)

The singular shall include the plural and vice versa;

(2)

All pronouns shall mean and include the person or entity to which they relate;

(3)

The present tense includes the future and vice versa; and

(4)

The masculine shall include the feminine and vice versa.

The regulations, restrictions, and boundaries set forth in this zoning ordinance may from time to time be amended, supplemented, changed, or repealed by the Town of Somerville Board of Mayor and Aldermen. Prior to consideration by the Board of Mayor and Aldermen, the planning commission shall consider all proposed amendments and report their opinion on the proposed amendment to the board of mayor and aldermen. Petitions to consider amendments may be submitted to the planning commission by any official, board, or any other person with standing in the community. Prior to adopting any amendment, the Town of Somerville Board of Mayor and Aldermen shall hold a public hearing thereon, at least 21 days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the town, or if at the discretion of the board of mayor and aldermen, the amendment is too large to allow printing in a newspaper, a copy of the proposed amendment shall be made available to the public at the Somerville City Hall. A fee, as determined appropriate by the Town of Somerville Board of Mayor and Aldermen and payable at the time of filing of any petition or request for amendment consideration, shall be posted with requests to amend a provision or provisions of this zoning ordinance. The fee is to be used by the town to defray costs resulting from such action and any subsequent amendment of the zoning ordinance.

(Ord. No. 2024-008, § 2, 10-14-2024)

Definitions for terms in this zoning ordinance that are technical in nature or that otherwise may not reflect a common usage of the term are defined within the definitions part of this zoning ordinance. Generally, those terms that are specifically defined in the definitions part shall be highlighted in italics to indicate that a definition specific to this chapter is included; however, failure to italicize terms shall not be construed to indicate the absence or applicability of said defined terms. Terms not specifically defined in this zoning ordinance shall be accorded their commonly accepted meanings. However, notwithstanding the above, interpretations of the definitions and terminology within this chapter shall be made by the town planner and said interpretations shall be enforceable and final.

(1)

Administrative approval. Single-family residential dwellings, duplexes, their accessory buildings, and signs not requiring inspections, along with any use determined to be a use by right and which does not result in a change of any existing building footprint may be permitted administratively without review by any board. Administrative permit determinations may be appealed to the board of zoning appeals (BZA).

(2)

Planning commission approval. A permit for any use not eligible for administrative determination or determination by the board of zoning appeals shall be adjudicated by the planning commission. Determinations by the planning commission may be appealed to the Town of Somerville Board of Mayor and Aldermen.

(3)

Design review commission approval. A permit which requires site plan approval for any multi-family residential or nonresidential use shall not be issued until the design review commission determines such usage falls within the scope and intent of the design review guidelines as defined within this zoning ordinance. Determinations by the design review commission may be appealed to the Town of Somerville Board of Mayor and Aldermen.

(4)

Board of zoning appeals approval. A permit for any use requiring an appeal, variance or special exception, shall be adjudicated by the board of zoning appeals, BZA. For appeals of determinations made by the board of zoning appeals, please refer to section 14-2-205 of this chapter.

(5)

The Town of Somerville Board of Mayor and Aldermen approval. Any zoning district change, planned unit development permit, or determination appeals of the planning commission or design review commission shall be adjudicated by the Town of Somerville Board of Mayor and Aldermen, whose determinations may be appealed by a writ of certiorari.

All requests for rezoning a property shall follow the process listed below:

(1)

The property owner completes the rezoning request form and turns it into town hall at least seven days in advance of a planning commission meeting.

(2)

Properly presented rezoning requests are then presented to the planning commission for review.

(3)

Planning commission reviews the request and makes its recommendation to the board of mayor and aldermen.

(4)

Once the planning commission has made its recommendation to the board of mayor and aldermen, the board considers adopting the ordinance on first reading.

(5)

All rezoning ordinances require two readings which must be adopted by the board of mayor and aldermen in a meeting open to the public. A rezoning ordinance also requires a public hearing so that interested parties have the opportunity to address issues surrounding this rezoning request before final adoption of the ordinance.

(6)

Upon adoption on first reading, a public hearing shall be scheduled which shall be advertised in a local newspaper at least 21 days prior to the public hearing date. The planning staff will inform all adjoining property owners via U.S. mail of the public hearing to ensure the participation of all parties concerned, if desired.

(7)

A sign will be place on the property which indicates that the property is being considered for rezoning.

(8)

The public hearing is held on the date advertised to address any public concerns or benefits to the proposed rezoning.

(9)

Following the public hearing, the board of mayor and aldermen shall consider adopting the rezoning ordinance on second reading.

(10)

Upon adoption of the rezoning ordinance on second reading, the caption of the ordinance shall be published in a local newspaper. Once published, the rezoning request becomes official and the zoning of the property will be updated on the official Town of Somerville zoning map.

(Ord. No. 2024-008, § 3, 10-14-2024)