The Board of Zoning Appeals ("BZA") is hereby established in accordance with T.C.A. § 13-7-205. Members and officers of the BZA shall be coincidental with the planning commission, with members serving concurrently with membership within the planning commission.

BZA meetings shall be held at the call of the chairman, or at other such times as requested by a majority of the membership of the BZA. All meetings and deliberations by the BZA shall be open to the public, and the meeting date and time shall be advertised no fewer than three days prior to the meeting through print ads, electronic ads on the town's website and/or social media accounts or by posting flyers within the public view. The BZA shall adopt rules of procedures and shall keep records of applications and action thereon, which shall be a public record. The BZA shall record statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the BZA may deem pertinent.

Appeals to the BZA may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any grant or refusal of a building permit or other act or decision of an administrative official based in whole or part upon the provisions of this zoning ordinance.

(1)

Any entity filing for an appeal with the BZA shall specify the grounds for appeal in writing to a member of the town hall staff who will present the request to the chairman of the BZA.

(2)

The staff shall prepare all exhibits pertaining to the request.

(3)

The appellant's request shall be added to the agenda.

(4)

The BZA chairman shall review the agenda and call a special meeting of the BZA within 30 days of the appellant's request for a hearing.

(5)

The BZA chairman shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest including adjoining property owners and decide the same within a reasonable time.

(6)

Upon the hearing, interested parties shall appear and be heard in person or by their appointed agent.

The powers and duties of the BZA shall encompass those powers and duties specified in T.C.A. §§ 13-7-205 through 13-7-207 and the Town of Somerville Municipal Code and any amendments or supplements thereto enacted by the respective legislative bodies.

The BZA is empowered with the authority to make decisions regarding appeals, special exceptions and variances. In making such decisions, the appellant shall indicate the specific section of the zoning ordinance or Municipal Code under which each of these is being considered. The BZA shall state the findings beyond such generalities as "in the interest of public health, safety and general welfare." In cases pertaining to hardship, the appellant shall specifically identify the hardship warranting such action.

(1)

Special exceptions. A special exception is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment which cannot be determined in advance of the use being proposed for a particular location. The special exception provides the Town of Somerville with the means to review the location, design, configuration of uses, and potential impact and compatibility with the surrounding area.

A.

Findings. in considering applications for special exceptions, the board of zoning appeals, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare.

1.

To approve or conditionally approve a special exception, the board of zoning appeals must make the following findings:

a.

The proposed special exception is consistent with the zoning ordinance requirements for the district in which the subject property is located.

b.

The proposed special exception is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed special exception will not adversely affect the adjacent uses, buildings or structures.

c.

The site for a proposed special exception is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the zoning ordinance in order to integrate the use with other uses in the neighborhood.

d.

The nature of the proposed special exception is not detrimental to the health, safety and general welfare of the community.

2.

Conditions of approval imposed by the board of zoning appeals for a special exception may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use.

(2)

Administrative review. The BZA shall hear and adjudicate appeals upon allegation by the appellant that there exists an error in any order, requirement, permit, decision, determination or refusal made by the building inspector or other administrative official in the consideration or enforcement of any provision of the zoning ordinance, or for interpretation of specific provisions of the zoning map or zoning ordinance.

(3)

Variances. The BZA shall hear and adjudicate applications for variance from the terms of the zoning ordinance for the following reasons:

A.

Where a conforming lot has an exceptional shape which render development difficult or impossible; and

B.

Where a conforming lot has topographic conditions which render development difficult or impossible; and

C.

Where a legal lot of record has extraordinary or exceptional situations or conditions which render development difficult or impossible; and

D.

Where a legal lot of record was made nonconforming by the creation or an amendment to the zoning ordinance or through annexation into the municipal town limits.

In the cases of the above where the strict application of the provisions of the zoning ordinance would result in exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and the intent and purpose of the zoning ordinance. Financial disadvantage to the property owner is not to be considered as adequate hardship within the purpose of the zoning ordinance. In granting variances, the BZA may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in consideration of the purpose of the zoning ordinance.

Requests for rehearing of a decision by the BZA.

(1)

Any aggrieved party or any officer, department or bureau of the municipality affected, may request a rehearing of a decision made by the BZA within 30 days of said decision.

(2)

No such request for a rehearing shall be considered unless new evidence is submitted.

(3)

The request for a rehearing must be in writing and must provide new evidence which may be accompanied by the necessary documents.

(4)

Upon receiving said request, the BZA chairman shall schedule a hearing of the appeal. Public notice shall be given and all interested parties shall be notified.

(5)

Any decision made by the BZA may, within 60 days, be appealed under common law writ of certiorari in accordance with T.C.A. § 27-9-101 et seq.