(A)   Long title. An ordinance, in pursuance of the authority granted by the Tenn. Code Ann. §§ 13-7-201 through 13-7-306, to provide for the establishment of districts within the corporate limits of Collierville, Tennessee; to regulate within such districts the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot occupancy, the size of open spaces, the density of population and the uses of land, buildings and other structures for trade, industry, residence, recreation, public activities and similar purposes to include a special district for areas subject to flooding; to provide regulations governing nonconforming uses and structures; to provide for a Board of Zoning Appeals and for its powers and duties; to provide for permits; to establish and provide for the collection of fees; to provide for the administration of this chapter and for the official whose duty it shall be to enforce the provisions thereof, to provide penalties for the violation of this chapter; and to provide for conflicts with other ordinances or regulations.

   (B)   Short title. This chapter may be cited as the “Zoning Ordinance of Collierville, Tennessee.” The map portion may be cited separately as the Zoning Map of Collierville, Tennessee.

   (C)   Repeal. The existing zoning regulations of the Town of Collierville, as amended, are repealed. The adoption of this chapter, however, shall not affect nor prevent any pending or future prosecution of an action to abate any existing violation of the existing regulations, as amended, if the violation is also a violation of this chapter.

   (D)   Legislative enactment.

      WHEREAS, Tenn. Code Ann. §§ 13-7-201 through 13-7-306 empowers the Town to enact a zoning ordinance and to provide for its administration, enforcement and amendment; and,

      WHEREAS, the Board of Mayor and Aldermen deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the Town to enact such an Ordinance; and,

      WHEREAS, the Board of Mayor and Aldermen, pursuant to the provisions of Tenn. Code Ann. §§ 13-7-201 through 13-7-306 has appointed a Planning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein; and,

      WHEREAS, the Planning Commission has divided the Town into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and,

      WHEREAS, the Planning Commission has given reasonable consideration among other things, to the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate uses for the land throughout the municipality; and,

      WHEREAS, the Board of Mayor and Aldermen has given due public notice of hearings related to zoning districts, regulations and restrictions, and has held public hearings; and,

      WHEREAS, all the requirements of Tenn. Code Ann. §§ 13-7-201 through 13-7-211 with regard to the preparation of the report of the Planning Commission and subsequent action of the Board of Mayor and Aldermen have been met.

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE TOWN OF COLLIERVILLE, TENNESSEE:

   (E)   Intent and purpose. This chapter is enacted pursuant to applicable provisions of the statutes of the State of Tennessee and the Charter of the Town of Collierville for the following purposes:

      (1)   To promote and protect the public health, safety, morals, comfort, convenience and general welfare of the people;

      (2)   To divide the Town into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, commercial, manufacturing and other specified uses;

      (3)   To protect the character and maintain the stability of residential, business, commercial and manufacturing areas within the Town and to promote the orderly and beneficial development of such areas;

      (4)   To provide adequate light, air, privacy and convenience of access to property;

      (5)   To regulate the intensity of open spaces surrounding buildings that is necessary to provide adequate light and air and protect the public health;

      (6)   To establish building lines and the location of buildings designed for residential, business, commercial, manufacturing or other uses within such lines;

      (7)   To fix reasonable standards to which buildings or structures shall conform;

      (8)   To prohibit uses, buildings or structures which are incompatible with the character or development of the permitted uses within specified zoning districts;

      (9)   To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder;

      (10)   To limit congestion in the public streets and to protect the public health, safety, convenience and the general welfare by providing for the off-street parking of motor vehicles and for the loading and unloading of commercial vehicles;

      (11)   To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

      (12)   To prevent overcrowding of land and undue concentration of structures so far as is possible and appropriate in each district, by regulating the use and the bulk of buildings in relation to the land surrounding them;

      (13)   To conserve the taxable value of land and buildings throughout the Town;

      (14)   To provide for the gradual elimination of those uses of land, buildings and structures and of those buildings and structures which do not conform to the standards of the districts in which they are respectively located and which are adversely affecting the development and taxable value of property in each district;

      (15)   To provide for the condemnation of such nonconforming buildings and structures and of land as the Board of Mayor and Aldermen shall determine is necessary or appropriate for the rehabilitation of the area blighted by such buildings or structures;

      (16)   To define and limit the powers and duties of the administrative officers and bodies as provided herein;

      (17)   To prevent construction in areas designated as flood hazard areas unless suitably protected;

      (18)   These general purposes include the specific purposes stated in the various subchapters throughout this chapter.

(`00 Code, § 11-201)

   In the construction of this chapter, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise:

   (A)   The particular shall control the general;

   (B)   The word “shall” is always mandatory and not discretionary;

   (C)   The word “may” is permissive;

   (D)   The word “lot” shall include the words “piece” or “parcel;”

   (E)   The word “building” or “structure” includes all other structures, or parts thereof, of every kind regardless of similarity to buildings; and the phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for” and “occupied for;”

   (F)   In the case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control;

   (G)   The word “permitted” or words “permitted as of right” means permitted without meeting the requirements for a conditional use by special permit pursuant to § 151.310 and all other applicable provisions;

   (H)   Words used in the present tense shall include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary;

   (I)   All public officials, bodies and agencies to which reference is made are those of the Town of Collierville, Tennessee, unless the context indicates otherwise.

(`00 Code, § 11-202)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where words have not been defined, the standard dictionary definition shall prevail. For definitions related to signage see § 151.171. In any case, the Building Official shall have the right to interpret the definition of any word.

   ABANDONED SIGN. A sign that no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

   ACCESSORY. An activity, use, building or structure that is customarily associated with and is appropriately incidental and subordinate to a principal activity, use, building and/or structure and located in the same zone lot.

   ACCESSORY STRUCTURE. A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. See Figure 1.

   ACCESSORY USE. A use of land or of a building or a portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

   ACTIVITY. The performance of a function or operation that constitutes the use of land.

   ADULT CARE CENTER. A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day. (A Glossary of Zoning, Development, and Planning Terms: Wheaton, IL)

   ADVERTISING SIGN. A sign containing an implicit or explicit commercial message directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained, including but not limited to billboard signs.

   AFFORDABLE. A sales price or rent within the means of a low or moderate-income household as defined by state or federal legislation.

   AGRICULTURAL SERVICES. Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services and farm labor and management services.

   ALLEY. A public way intended to provide only secondary vehicular access to abutting properties.

   ANIMATED SIGN. Any sign which moves or which appears to move by any means, including fluttering or rotating. ANIMATED SIGNS shall include but not be limited to pennants, flags, ribbons, streamers, propellers, balloons or banners. For purposes of this chapter, this term does not refer to flashing or changing signs, all of which are separately defined.

   AREA OF SHALLOW FLOODING. A designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) with 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

   AREA OF SPECIAL FLOOD-RELATED EROSION HAZARD. The land within a community that is most likely to be subject to severe flood-related erosion loss. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area in preparation for publication of the FIRM Zone E may be further refined.

   AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM Zone A usually is refined into Zones A, AO, AH, A1-30, AE or A99.

   AWNING. A secondary covering attached to the exterior wall of a building. It is typically composed of canvas, cotton or polyester yarn, or vinyl laminated to polyester fabric that is stretched tightly over a light structure of aluminum, iron, or steel. Location of an awning on a building may be above a window, a door, or above the area along a sidewalk.

   AWNING SIGN. A sign that is attached to or part of an awning.

   BANNERS. Any streamer, flag-like pennant or like other object, whether constructed of fabric or of other materials which, with or without insignia, attracts the attention of citizenry to a location or business.

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

   BASEMENT. A story whose floor is more than 12 inches, but not more than one-half of its story height below, the average level of the adjoining ground (as distinguished from a cellar which is a story more than one-half below such level).

   BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

   BILLBOARD SIGN. A type of advertising or business sign having more than 100 square feet of sign face that is either erected on the ground or attached to or supported by a building or structure.

   BOARDING HOUSE. A dwelling unit or part thereof in that, for compensation, lodging and meals are provided.

   BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

   BREWERY. An industrial uses that brews ales, beers, and/or similar beverages on site. Breweries are classified as a use that manufactures more than 15,000 barrels of beverage (all beverages combined) annually. In addition, uses that manufacture 15,000 barrels of beverage or less, but which do not meet one or more of the additional requirements needed to be considered microbreweries, are breweries. (A Glossary of Zoning, Development, and Planning Terms: Bloomington, IN)

   BUILDABLE AREA. The portion of a lot bounded by the required rear and side yards and the building setback line. See Figure 2.

   BUILDING. A structure, either temporary or permanent, having a roof or other covering and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building. Where roofed structures are separated from each other by party walls having no unprotected openings, each portion so separated shall be considered a separate building.

   BUILDING HEIGHT. The vertical distance from finished grade to the average distance between the eaves and ridge level for gable, hip, and gambrel roofs and the deck level on a mansard roof. See Figure 4.

   BUILDING MATERIALS BUSINESS. A business engaged in the wholesale or retail sale of various materials used in construction, including but not limited to lumber, plumbing and electrical supplies, paint and glass.

   BUILDING OFFICIAL. That person designated, from time to time, by the Town as such official with said title. Whenever the term BUILDING OFFICIAL is used in this chapter, same shall mean the BUILDING OFFICIAL then in office or his or her designee.

   BULK. Describes the size of buildings or other structures and their relationship to each other and to open areas and lot lines and therefore includes:

      (1)   The size (including height and floor area) of buildings or other structures;

      (2)   The area of the zone lot upon which a building is located and the number of dwelling units within residential buildings in relation to the area of the zone lot;

      (3)   The location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows or to other structures; and

      (4)   All open areas relating to buildings or other structures and their relationship thereto.

   BUSINESS SIGN. A sign that directs the attention to a business, profession, commodity, service or entertainment conducted, sold or offered upon the same lot where the sign is located.

   CHANGEABLE COPY SIGN (MANUAL). A sign on which copy is changed manually, for example, reader boards with changeable letters or changeable pictorial panels. All changeable copy shall be included within the allotted face of sign square footage and enclosed under a locked and vandal proof case.

   CHANGING SIGN (AUTOMATIC). A sign such as an electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.

   CHURCH. A building, together with its accessory buildings and uses, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

   CIVIC SIGN. A sign that identifies a nonprofit institution or organization on whose premises it is located and which contains:

      (1)   The name of the institution or organization;

      (2)   The name or names of the persons connected with it; and

      (3)   Greetings, announcements of events or activities occurring at the institution or similar messages.

   CLINIC. An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists or social workers and where patients are not usually lodged overnight (also see HOSPITAL).

   COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

   COMMUNICATIONS, INSTALLATIONS OR EXCHANGES. A facility used to assist in the operations of the communications industry that does not serve as a truck or equipment storage yard.

   COMMUNITY CENTER. A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

   COMPLETELY ENCLOSED. Refers to a building or other structures having a roof and separated on all sides from the adjacent open area or from other buildings or other structures, by party walls or exterior walls, pierced only by windows or entrance and exit doors normally provided for persons, goods or vehicles.

   COMPREHENSIVE PLAN. The declaration of purposes, policies and programs for the development of the Town of Collierville.

   CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zoning division or district but which would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as conditional uses, if specific provisions for such use is made in this chapter. Conditional uses typically meet the purpose and intent of the zoning district but require the approval of the appropriate review body to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and any special requirements unique to that use are addressed.

   CONSTRUCTION SIGN. A temporary sign erected on the premises on which construction is taking place, during the period of construction and indicating the names of the architects, contractors, owners, financial supporters, sponsors and similar persons or firms involved with the construction and development of the project.

   CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A building, establishment, campus, complex, or distinct part thereof, housing six or more persons, on a 24 hour basis, that provides a variety of living arrangements and services to meet the needs of people who have different levels of physical ability and health as a result of age, mental disability, or other reasons. A CCRC shall integrate at least two of the following senior housing components: Independent Living Senior Housing Complex, Assisted Living/Home for Seniors, and/or Nursing Home, into a development. The CCRC is intended to accommodate a variety of lifestyle needs and preferences to care for the changing needs of residents as they age.

   DEPARTMENT STORE. A retail establishment that offers a variety of unrelated merchandise and services.

   DEVELOPMENT DIRECTOR. That person designated, from time to time, by the Town as such official with said title. Whenever the term DEVELOPMENT DIRECTOR is used in this chapter, same shall mean the DEVELOPMENT DIRECTOR then in office or his or her designee.

   DESIGN STANDARDS MANUAL. A set of guidelines defining parameters to be followed in site and/or building design and development.

   DEVELOPMENT SIGN. A temporary sign, not to exceed one year, relating to the promotion of a sale or rental of a new development or subdivision being constructed on the site upon which the sign is located or located off-site and containing information and directions to a new development or subdivision.

   DRY CLEANING PICK-UP STATION. An establishment or business maintained for the pick-up and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry- cleaning equipment or machinery on the premises. (A Glossary of Zoning, Development, and Planning Terms: Wheeling, IL)

   DUPLEX. See DWELLING, TWO-FAMILY.

   DWELLING, ATTACHED. A one family dwelling attached to one or more one family dwellings by common vertical walls.

   DWELLING, DETACHED. A dwelling that is not attached to any other dwelling by any other means.

   DWELLING, MANUFACTURED HOME. See MANUFACTURED HOME.

   DWELLING, MOBILE HOME. See MOBILE HOME.

   DWELLING, MODULAR HOME. See MODULAR HOME.

   DWELLING, MULTI FAMILY. A building containing three or more dwelling units, including units located one over the other.

   DWELLING, TOWNHOUSE. See TOWNHOUSE.

   DWELLING, TWO FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

   ELECTION SIGN. A temporary sign erected to publish the name of a candidate or enlist votes in any official public election.

   ELEVATED BUILDING. A non-basement building:

      (1)   Built to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers); and

      (2)   Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, or D, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

   EMERGENCY FLOOD INSURANCE PROGRAM or EMERGENCY PROGRAM. The program as implemented on an emergency basis in accordance with § l336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.

   EROSION. The process of the gradual wearing away of land masses.

   EXISTING CONSTRUCTION. Any type structure for which the start of construction commenced before the effective date of this chapter.

   EXISTING MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pad) is completed before the effective date of this chapter.

   EXTERIOR DIRECTORY SIGN. A sign containing the building identification and address and the name and location of each tenant and allowed in any project where one or more tenants does not have an exterior entrance or does not qualify for an exterior sign.

   FAMILY. One or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over five persons.

   FAMILY DAY CARE HOME. A home (an occupied residence) operated by a person for the purpose of receiving therein a minimum of five and a maximum of seven children under 17 years of age, who are not related to such person and whose parent(s) or guardian(s) are not residents in the same house, for less than 24 hours per day for care, without transfer of legal.

      (1)   A designated area on public or private property where, on designated days and times, growers and producers, often paying booth rental fees, sell certain locally-grown agricultural products directly to the public from open or semi-open facilities.

      (2)   Such markets often sell farm products including, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, yogurt, cheese and other dairy products), and seafood (farm raised or harvested from the wild).

      (3)   Markets also commonly sell products processed in a properly permitted and inspected kitchen, including, baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee, smoked or canned meats or fish, sausages, or other forms of prepared food products.

   FENCE. An unroofed enclosing barrier of any nature or construction (including vegetation).

      (1)   Final plat (major);

      (2)   Building permit (when a minor final site plan was required);

      (3)   Subdivision infrastructure construction drawings; and

      (4)   Final site plan (major).

   FINAL SITE PLAN. See SITE PLAN, FINAL.

   FINISHED ELEVATION. The elevation of the land surface of a site after completion of all site preparation work.

   FIXED BALLOON. Any lighter than air or gas-filled inflatable object attached by a tether to a fixed place used as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment.

   FLASHING SIGN. Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation, changes in the degree of light intensity, an externally mounted intermittent light source or reflective metal strips.

   FLOOD. A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the flood channel.

   FLOOD CHANNEL. A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

   FLOOD ELEVATION DETERMINATION. A determination by the Town Engineer of the water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year.

   FLOOD ELEVATION STUDY. An examination, evaluation and determination of flood hazard and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of muddy (for example, mudflow) and/or flood-related erosion hazards.

   FLOOD FRINGE. That portion of the flood plain outside the floodway. (See Figure 5)

   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the flood related erosion areas having special hazards have been designated as Zone A, M and/or E.

   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

   FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary Map and the water surface elevation of the base flood.

   FLOOD OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, water course or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.

   FLOOD PROFILE. A graph or a longitudinal profile showing the relationship of the water-surface elevation of a flood event to location along a stream or river.

   FLOOD PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area.

   FLOOD PROTECTION ELEVATION. The elevation of the regulatory flood on all streams and waterways.

   FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

   FLOOD RELATED EROSION. The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding.

   FLOOD RELATED EROSION AREA or FLOOD RELATED EROSION PRONE AREA. A land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wide-driven currents is likely to suffer flood-related erosion damage.

   FLOOD RELATED EROSION AREA MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works and floodplain management regulations.

   FLOOD, REGULATORY. The computed 100-year flood.

   FLOODPLAIN. The land adjacent to a body of water which has been or may be hereafter covered by flood water, including but not limited to the regulatory flood, as determined by the Federal Emergency Management Association (FEMA). See Figure 5.

   FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

   FLOODWAY. The channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including but not limited to flood flows associated with the regulatory flood, as determined by the Federal Emergency Management Association (FEMA).

   FLOOR AREA, GROSS. The sum of all horizontal areas of floors of a building measured from the exterior face of exterior walls or from the center of party walls or two feet inside the roof line of structures without walls, but excluding the following:

      (1)   Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto required in this chapter;

      (2)   In the case of nonresidential facilities: arcades, porticoes and similar open areas which are located at or near street level, which are accessible to the general public and which are not designed or used as sales, display, storage, service or production areas.

   FLOOR AREA, NET. The gross floor area exclusive of vents, shafts, courts, elevators, stairways and similar facilities.

   FREEBOARD. A factor of safety usually expressed in feet above a flood level for the purpose of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood height greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

   FREIGHT FORWARDING OFFICE. Establishments primarily engaged in the transshipment of goods from shippers to receivers for a charge, covering the entire transportation route and, in turn, making use of the services of other transportation establishments as instrumentalities in effecting delivery. (The New Illustrated Book of Development Definitions)

   FREIGHT HANDLING FACILITY. Terminals with the capability of handling a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to truck and truck to air. FREIGHT HANDLING FACILITIES differ from warehouses in that they do not usually store the freight for an extended period of time, although they may have warehouse structures associated with them. (The New Illustrated Book of Development Definitions)

   FUNCTIONALLY DEPENDENT USE. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

   FUNERAL HOME. A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

   GARAGE, PRIVATE. A building or a portion of a building not more than 1,000 square feet in area, in which only private or pleasure type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept (ICC).

   GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

   GROUND LEVEL. Immediate surrounding grade.

   GROUND SIGN. A sign mounted at ground level, the bottom face of which shall be 24 inches from the surrounding grade. See Figure 7.

   HARDWARE STORE. A facility of 30,000 or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, including but not limited to tools, builders’ hardware, plumbing and electrical supplies, paint and glass, house wares and household appliance, garden supplies and cutlery. (A Glossary of Zoning, Development, and Planning Terms: Prince William County, VA)

   HEALTH CLINIC. A facility or institution, whether public or private, principally engaged in providing services for health maintenance and treatment of mental or physical conditions. (The New Illustrated Book of Development Definitions)

   HEALTH SPA/CLUB. An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, massage rooms, and lockers. Health clubs may also include a pro shop selling a variety of sports equipment and clothing. (The New Illustrated Book of Development Definitions)

   HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

   HOME IMPROVEMENT CENTER. A facility of more than 30,000 square feet gross floor area, engaged in the retail sale of various basic hardware lines including, but not limited to tools, lumber and other building materials, builders’ hardware, plumbing and electrical supplies, paint and glass, housewares and household appliance, garden supplies and cutlery. (A Glossary of Zoning, Development, and Planning Terms: Prince William County, VA)

   HOSPITAL. An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, out-patient facilities, training facilities, medical offices and staff residences.

   HOTEL. A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities.

   ICE CREAM PARLOR. An establishment where ice cream and related desserts are served and consumed.

   INCIDENTAL ALTERATIONS.

      (1)   Changes or replacements in the nonstructural parts of a building or other structure, without being limited to the following examples:

         (a)   Alteration of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are created;

         (b)   A minor addition to the exterior of a residential building, such as an open porch;

         (c)   Alterations of interior non-load-bearing partitions in all other types of buildings or other structures;

         (d)   Replacement of, or minor changes in, capacity of utility pipes, ducts or conduits; or

      (2)   Changes or replacements in the nonstructural parts of a building or other structure, without being limited to the following examples:

         (a)   Making windows or doors in exterior walls;

         (b)   Replacement of building facades having non-load-bearing capacity;

         (c)   Strengthening the floor load-bearing capacity, in not more than 10% of the total floor area, to permit the accommodation of specialized machinery or equipment.

   INDEPENDENT LIVING SENIOR HOUSING COMPLEX. The use of a site for a residential/service complex to house senior persons who are capable of caring for themselves and maintaining independent households. A complex shall include separate dwelling units, containing independent cooking, bathroom, and sleeping facilities, and must have a minimum of 90% of the dwelling units occupied by at least one person 55 years of age, or older, and comply with all standards of the Fair Housing Act, 42 U.S.C., Sections 3601 et seq. and the rules issued thereunder, as amended from time to time, and the Tennessee Fair Housing Act, Tenn. Code Ann. §4-21-602, as amended from time to time. Establishments primarily engaged in the provision of frequently or recurrently needed services of a personal nature, such as barber or beauty services, a pharmacy, and so forth, may be included in the complex.

   INFRASTRUCTURE. Facilities and services, including public utilities, streets, roads, communications, firehouses, parks and schools, needed to sustain industry, residential, commercial and all other land use activities.

   INSTRUCTIONAL SIGN. A sign solely conveying instructions intended strictly for the direction, safety and convenience of the public with respect to the premises on which it is maintained, such as a sign designating the entrance to or exit from a parking area, a sign identifying restrooms, a trespassing sign, a danger sign and similar signs.

   LAND USE PLAN. A description of how land will be occupied or utilized in the future.

   LAND WITH INCIDENTAL IMPROVEMENTS. A tract of land that contains improvements, including buildings or other structures having a total assessed valuation of $5,000 or less.

   LANDSCAPING. The planting and maintenance of trees, shrubs, lawns and other ground cover or materials, provided that terraces, fountains, retaining walls, street furniture, sculptures or other art objects and similar accessory features may be included as landscaping if integrally designed.

   LODGE.

      (1)   The place where members of a local chapter of an association or a fraternal, cultural or religious organization hold their meetings.

      (2)   The local chapter itself.

   LOGO. The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers.

   LOT. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street or on an approved private street and may consist of:

      (1)   A single lot of record;

      (2)   A portion of a lot of record; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

   LOT AREA. The entire area of a lot.

   LOT COVERAGE. That portion of a lot that is covered by a building or any part of a building.

   LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under yards.

   LOT LINE, FRONT. In the case of an interior lot, the line separating such lot from a street. In the case of a corner, double frontage, or reversed frontage lot, each line separating such lot from a street shall be considered a front lot line. See Figure 8.

   LOT LINE, REAR.

      (1)   The lot line that is the most distant from, and is, or is most nearly, parallel to, the front property line;

      (2)   The rear lot line of a corner lot, for the purposes of this code, shall be defined at the time the building permit is issued;

      (3)   The rear lot line of an irregular or triangular lot, for the purposes of this code, shall be a line entirely within the lot at least ten feet long and parallel and most distant from the front property line. See Figures 8 and 14.

   LOT LINE, SIDE. Any lot line other than a front lot line or a rear lot line. See Figure 8.

   LOT LINE EQUIVALENT. A straight line established for the purpose of determining the location and depth or width of a required yard and which either:

      (1)   Joins points specified in these regulations; or

      (2)   Is an extension of a street line or a lot line.

   LOT MEASUREMENTS.

      (1)   Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

      (2)   Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines of each side of the lot, measured across the rear of the required front yard, provided, however, the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of the cul-de-sac where the 80% requirements shall not apply. See Figure 9.

   LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Register or a lot or parcel described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.

   LOT TYPES. Lots present in the Town of Collierville include the following.

      (1)   CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees.

      (2)   INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.

      (3)   DOUBLE FRONTAGE LOT or THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

      (4)   FLAG LOT. A lot so shaped and designed that the buildable area is set back from the street on which it fronts and includes only a narrow access strip connecting it to the street.

      (5)   REVERSED FRONTAGE LOT. A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. See Figure 10.

   LUMBER YARD. An area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products, or firewood. (A Glossary of Zoning, Development, and Planning Terms: Siskiyou County, CA)

   MAINTAINED FOOTCANDLES. Illuminance of lighting fixtures adjusted for a maintenance factor accounting for dirt build-up and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high pressure sodium and 0.64 for metal halide. Maintained illuminance occurs just prior to lamp replacement and luminare cleaning. They are not initial values.

   MAJOR MAIL PROCESSING CENTER. A facility used to sort and redistribute mail. The facility does not provide walk-up customer service or delivery to individual patrons.

   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term MANUFACTURED HOME also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term manufactured home does not include park trailers, travel trailers and other similar vehicles.

   MICROBREWERY. An eating place that includes the brewing of beer as an accessory use. The brewing operation processes water, malt, hops, and yeast into the beer or ale by mashing, cooking, and fermenting. The area used for brewing, including bottling and kegging, shall not exceed 25% of the total floor area of the commercial space. (A Glossary of Zoning, Development, and Planning Terms: Vail, CO)

   MISCELLANEOUS YARD SIGNS. Signs solely containing non-commercial messages which are not otherwise defined herein.

   MOBILE HOME. A detached, single-family dwelling unit with a permanent steel chassis possessing all of the following characteristics:

      (1)   Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

      (2)   Designed to be transported after fabrication on its own wheels;

      (3)   Arriving at the site where it is to be occupied as a complete dwelling and ready for occupancy except for minor and incidental unpacking and assembly operations, location of foundation supports, connections to utilities and the like.

   MOBILE HOME PARK. An area where two or more mobile homes or trailers can be and are intended to be parked, designed or intended to be used as temporary or permanent living facilities for two or more families.

   MOBILE HOME SPACE. A plot of ground within a mobile home park, designed to accommodate one mobile home and which has water, sewer and electricity available at the space.

   MOBILE HOME STAND. That part of an individual mobile home space that has been reserved for the placement of the mobile home.

   MODULAR HOME. A single family housing unit that is constructed basically as a conventionally built wood frame house except it is built at a factory and is transported to the site on which it will be permanently located. The MODULAR HOME may not have a permanent steel chassis.

   MOVING EQUIPMENT (RENTAL). Any motor vehicle available for rent that is designed or operated for the transportation of property utilizing a maximum of six vehicle wheels; or associated equipment, including but not limited to storage trailers and automobile trailers. Items characterized as MOVING EQUIPMENT in this chapter shall be stored only in the side or rear yard of properties. Such equipment shall not be displayed in the front yard. All equipment shall be properly screened from public view.

   MOVING EQUIPMENT RENTAL STORE. A commercial establishment that offers for rental for any form of consideration one or more pieces of equipment (for example, vehicles or associated equipment) characterized as moving equipment in this chapter.

   NONCOMPLYING STRUCTURE.

      (1)   Any lawful building or other structure which does not comply with any one or more of the applicable bulk regulations; or

      (2)   Any lawful use other than a nonconforming use which does not comply with any part or any one or more of the applicable regulations pertaining to:

         (a)   Location along district boundary; or

         (b)   Accessory off-street parking and loading, either on the effective date of this chapter or as a result of any subsequent amendment.

   NONCONFORMING USE. A lawful use of a building or other structure or of a tract of land which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on the effective date of this chapter or as a result of any subsequent amendment.

   NURSING HOME. A privately operated establishment providing long-term personal or nursing care for seniors, or for other individuals incapacitated in some manner for medical reasons, as determined and licensed by the Tennessee Department of Health, Board of Licensing Health Care Facilities. A dwelling unit within a Nursing Home for the purposes hereof shall be a room of sufficient size to meet the requirements of the Tennessee Department of Health, Board of Licensing Health Care Facilities and approved for occupancy by one or more persons.

   OBSERVATION REHABILITATION CENTER. A facility or institution, whether public or private, principally engaged in providing services for treatment of mental or physical conditions which may or may not include overnight or long-term care accommodations.

   OFF-PREMISES SIGN. A sign that identifies or communicates a message related to an activity conducted, a service rendered or a commodity sold, which is not the primary activity, service or commodity provided on the premises where the sign is located; any sign allowed as an off-premises sign must have written approval of the property owner upon which property the sign is to be located prior to consideration of approval and placement of the sign.

   OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use.

   OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complimentary structures and improvements as are necessary and appropriate.

   OPEN SPACE, GREEN. Any open space area not occupied by any structures or impervious surfaces.

   OPEN SPACE, PRIVATE. Common open space, the use of which is normally limited to the occupants of a single dwelling, building or property.

   OPEN SPACE, PUBLIC. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

   OPEN SPACE RATIO. The area of open space divided by the total site area in which the open space is located.

   OPENING SIGN. A temporary sign erected only for that limited period during which an enterprise not theretofore in operation begins its operation initially or at a new location.

   OUTDOOR DISPLAY. The display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards. (Moskowitz and Lindbloom, The New Illustrated Book of Development Definitions, 1997.)

   OUTDOOR STORAGE. The keeping, in an unenclosed area, not accessible to the public, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

   PARK. A tract of land designated and used by the public for active and passive recreation.

   PARKING SPACE(S). A space, whether off-street or on-street, public or private, designated for the parking of a motor vehicle. (Moskowitz and Lindbloom, The New Illustrated Book of Development Definitions, 1997.) Specific regulations regarding the design and layout of parking spaces are provided in §§ 151.115 to 151.117.

   PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.

   PHOTOGRAPHY RETAIL STORE. A facility primarily engaged in the retail sale, lease, and service of photography equipment and supplies and limited onsite film processing and development. (A Glossary of Zoning, Development, and Planning Terms: Prince William County, VA)

   PLANNED DEVELOPMENT. An area specified by ordinance to be planned, developed, operated and maintained as a single entity and containing one or more structures with appurtenant common areas.

   PLANNED UNIT DEVELOPMENT. An area of minimum contiguous size, as specified by this chapter, to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of non-residential uses to residential uses as specified in this chapter.

   PLANNING JURISDICTION. The area within the Town limits as well as the area beyond the Town limits within which the Town is authorized to plan for and regulate development.

   PLAT. 

      (1)   A map representing a tract of land showing the boundaries and location of individual properties and streets.

      (2)   A map of a subdivision or site plan.

   POLE SIGN. A sign mounted upon the ground but which by reason of height, width or other characteristics does not qualify as a ground sign.

   PORTABLE SIGNS. Any sign constructed on a trailer with wheels which may be detached and which is not permanently affixed to a building or lot.

   PRELIMINARY SITE PLAN. See SITE PLAN, PRELIMINARY.

   PRINCIPAL ACTIVITY. An activity that fulfills a primary function of an establishment, institution, household or other entity.

   PRINCIPAL BUILDING. A building that contains the principal activity or use located on a lot.

   PRIVATE STREET. A street that has not been accepted by the municipality or other governmental entity.

   PROJECT SIGN. A sign solely consisting of numbers and/or letters erected to display the identity of five or more occupants in a single building, business or office complex.

   PUBLIC IMPROVEMENT. Any improvement, facility or service, together with its associated site or right-of-way necessary to provide transportation, drainage, utilities or similar essential services and facilities and that are usually owned and operated by a government agency.

   PUBLIC UTILITY. Building, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer and public transit to the public.

   QUEUING SPACE. That space, designated for a vehicle, located directly alongside a drive-through, fuel island or similar auto-oriented use. For purposes of this chapter, queuing space does not include the stacking lane(s) for vehicles waiting in line to obtain the service.

   RAILROAD YARD OR OTHER EQUIPMENT MARSHALING & STORAGE AREA. An area of land, a portion of which is covered by a system of tracks, that provides for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a rail yard include, but are not limited to, the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing or transferring of cars, trains, engines, locomotives and rolling stock. (A Glossary of Zoning, Development, and Planning Terms: El Paso, TX)

   REAL ESTATE SIGN. A temporary sign employed to announce or display the sale of real property, the sign being erected on the property for sale.

   RECREATION, ACTIVE. Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields.

   RECREATION, PASSIVE. Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, chess, checkers or similar games.

   RECREATION FACILITY. A place designed and equipped for the conduct of sports and leisure- time activities.

   REQUIRED YARD. That portion of a lot that is required by the specific district regulation to be open from the ground to the sky and may contain only explicitly listed obstructions. See Figure 11.

   RESEARCH AND DEVELOPMENT CENTER. Research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing or sale of products. Such uses shall not involve testing on humans or animals nor shall they violate any odor, dust, smoke, gas, noise, radiation, vibration, or similar pollution standards.

   RESERVOIR. A pond, lake, tank or basin, natural or man-made, used for the storage, regulation and control of water.

   RESIDENCE. A building or part of a building containing one or more dwelling units or rooming units, including single family or two family houses, multiple dwellings, boarding or rooming houses or apartment hotels. However, residences do not include:

      (1)   Such transient accommodations as transient hotels, motels, tourist homes or similar establishments;

      (2)   Dormitories, fraternity or sorority houses, monasteries, convents or similar establishments containing group living or sleeping accommodations;

      (3)   Nurses’ residences, sanitariums, nursing homes, convalescent homes, resthomes or other sleeping or living accommodations in community facility buildings or portions of buildings used for community facilities; or

      (4)   In a mixed building, that part of the building used for any nonresidential uses, except uses accessory to residential uses.

   RESIDENT MANAGER LIVING QUARTERS. An apartment unit for an actual full-time or equivalent employee of the operation during normal business hours.

   RESTAURANT. An establishment where food is ordered, prepared and served for pay.

   ROOF LINE. The apex, or highest point of the roof. In a series of roofs, the apex of the lowest roof will be considered. See Figure 12.

   ROOF SIGN. A sign that is erected, constructed or maintained on a roof.

   SCHOOL. Any building or part thereof that is designed, constructed or used for education or instruction in any branch of knowledge.

   SEMI-TRANSIENT RESIDENTIAL ESTABLISHMENT. An establishment where lodging is provided for compensation partly on a monthly or longer basis and partly for a shorter time period, but with less than 30% of the living units being occupied on a less than monthly basis, but excluding institutional living arrangements involving the provision of specific kinds of forced residences, such as nursing homes, orphanages, asylums and prisons.

   SENIORS. Persons who are 55 years of age or older.

   SETBACK. The minimum horizontal distance by which any building or structure must be separated from a lot line. See Figure 13.

   SEXUALLY ORIENTED BUSINESSES. An adult entertainment use or establishment consisting of, including or having the characteristics of the following.

      (1)   ADULT ARCADE. Any place to which the public is permitted or invited wherein coin- operated, slug-operated or for any form of consideration, electronically, electrically or mechanically controlled, still or motion picture machines, projectors, video or laser disc players or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

      (2)   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

         (a)   Books, magazines, periodicals or other printed matters or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas;” or

         (b)   Paraphernalia which are designed for use in connection with “specified sexual activities.”

         (c)   Note: a commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for any form of consideration the specified materials which regularly depicts or material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.”

      (3)   ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:

         (a)   Persons who appear in a state of nudity or semi-nude;

         (b)   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or

         (c)   Films, motion pictures, videocassettes, slides or other photographic reproductions which regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.”

      (4)   ADULT MOTEL. A hotel, motel or similar commercial establishment which:

         (a)   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

         (b)   Offers a sleeping room for rent for a period of time that is less than ten hours; or

         (c)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

      (5)   ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.”

      (6)   ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude or live performances which are characterized by an emphasis on the exposure of “specified anatomical areas” or by “specified sexual activities.”

      (7)   NUDE MODEL STUDIO. Any place where a person regularly appears semi-nude, in a state of nudity, or regularly displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDE MODE STUDIO shall not include a proprietary school licensed by the State of Tennessee or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure. As used in this division, SEMI-NUDE OR SEMI-NUDE CONDITION means the showing of the bare female breast below a horizontal line across the top of the areola at its highest point or the showing of the bare male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

      (8)   SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, regularly offers for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is nude or semi- nude.

      (9)   SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses: prostitution; patronizing prostitution; promoting prostitution; sexual performance by a child; aggravated sexual exploitation of a minor; sexual exploitation of a minor; possession or distribution of child pornography; public indecency; engaging in organized criminal activity; aggravated sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offences to those described above under the criminal or penal code of other states or countries.

   SHOW WINDOW SIGN. Any temporary sign advertising sales or specials attached to a window surface or visible from a public right-of-way.

   SIGN. Any device conveying either commercial or noncommercial messages or both commercial and noncommercial messages for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public; but not including any lawful display of merchandise. The term SIGN shall also mean and include any display of one or more of the following:

      (1)   Any letter, numeral, figure, emblem, picture, outline, character, spectacle delineation, announcement, trademark, logo; or

      (2)   Multiple colored bands, stripes, patterns, outlines or delineations displayed for the purpose of commercial identification; or

      (3)   Anything specified above in part or in combination by any means whereby the same are made visible from beyond the boundaries of the lot or parcel of property on which the same are displayed for the purpose of attracting attention outdoors to make anything known.

   SIGN STRUCTURE. Supporting structure erected or intended for identifying/advertising purposes, with or without a sign thereon, situated upon or attached to real property, upon which any sign is fastened, affixed, displayed, applied or a part of, provided however, the definition shall not include a building, fence, pole or illumination device.

   STABLES. The housing and maintenance of three or more horses for the purpose of work or pleasure riding. This definition shall include both the private and for-profit housing of horses and all associated uses and structures.

   STORY. A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a story:

      (1)   A basement or cellar if the finished floor level directly above is not more than six feet above the average adjoining elevation of finished grade;

      (2)   An attic or similar space under a gable, hip or gambrel roof, the wall plates or any exterior walls are not more than two feet above the floor of such space.

   STREET. A publicly maintained right-of-way, other than an alley, which affords a primary means of access to abutting property. The word STREET shall include the words “road,” “highway” and “thoroughfare” (also see PRIVATE STREET).

   STREET ADDRESS NUMBERS.

      (1)   Every person owning or occupying any house or building fronting on any street in the Town of Collierville shall, prior to occupancy, have the official street number, as assigned by Memphis Light Gas and Water, attached to, stenciled on or painted on the front part of such house or building.

      (2)   The numbers shall be posed over, on or by each main entrance to the building in such a manner that the number is plainly visible from the street and meets all the following:

         (a)   Numbers shall be posted using Arabic numerals 0, 1, 2, 3, 4, 5, 6, 7, 8, 9;

         (b)   Numerals shall not be less than 3 inches in height;

         (c)   Numerals shall be of a color that contrasts with the color of the background on which it is located.

      (3)   If, because of setback of the house or building, or for reason the number cannot readily be seen from the street, the owner shall, in addition to posting per subsection (2), position additional numbering so that it is clearly visible from the street.

      (4)   Additional posting per subsection (3) for other reasons (such as on a mailbox or curbside) shall not be used in lieu of posting numerals in accordance with the above sections.

      (5)   Violations of the provisions of this chapter shall be deemed a misdemeanor and may be punished by a fine of $50. Each day that such violation is continued shall constitute a separate offense and may be fined as such.

   STREET BANNER. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame.

   STREET LINE. The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the location of the property line is questioned, the side of the sidewalk furthermost from the traveled street shall be considered as the street line.

   STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground. This includes but is not limited to buildings, towers, smokestacks and overhead transmission lines.

   SUBDIVISION ENTRANCE SIGN. An on-site sign, masonry wall, landscaping or similar materials or features, which separately or together form a display for identifying the subdivision, provided that the legend of the sign shall consist only of the name of the subdivision.

   SUBSTANCE ABUSE CENTER. Structures and land used for the treatment of alcohol or other drug abuse where one or more patients are provided with care, meals, and lodging. (A Glossary of Zoning, Development, and Planning Terms: Jefferson, MO)

   SURROUNDING GRADE. Finish grade of the ground upon which a sign is placed, as per approved site plan by the Collierville Design Review Commission.

   TAVERN, BAR. A structure or portion of a structure that is primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. (A Glossary of Zoning, Development, and Planning Terms: Blue Springs, MO)

   TAXIDERMY SERVICES. A business that prepares, stuffs or mounts the skins of animals, but does not include the slaughtering or tanning of hides on-site.

   TEA ROOM. A public house or restaurant where tea and light refreshments are served, generally during midday. (A Glossary of Zoning, Development, and Planning Terms: Galesburg, IL)

   TECHNOLOGY. An economic development classification that may include telecommunications, information technology, software, biotechnical/medical, logistics, computer, defense, test and measurement, electronic components, technology-oriented education facilities, training, multimedia, semiconductor and fiber optics.

   TEMPORARY SIGN. A sign neither intended nor designed for permanent display.

   TEMPORARY STRUCTURE. A movable structure (anything constructed or erected) which either is not permanently attached to a permanent foundation, concrete slab or footing or which is equipped with a permanent steel chassis, and that is removed when the designated time period, activity, or use for which it was erected has expired.

   TOWNHOUSE. A one family dwelling attached to at least two or more such units in which each unit has its own access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical fire-resistant walls. The maximum number of attached dwelling units shall not exceed six dwelling units.

      (1)   Can operate independent of connections to external sewer, water and electrical systems;

      (2)   Contains water storage facilities and may contain a lavatory, kitchen sink and/or bath facilities; and/or

      (3)   Is identified by the manufacturer as a travel trailer and/or is designed as a travel trailer.

   TRAVEL TRAILER PARK. Any plot of ground upon which two or more travel trailers, occupied for camping or periods of short stay, are located.

   UNIFIED DEVELOPMENT. A development option permitting a site plan to be submitted as an aggregation of two or more lots; however, bulk requirements, such as, but not limited to, buffers, open space, building setbacks, yard requirements, height requirements, lot size requirements, floor area ratios, landscape surface ratios, and parking shall be determined based on perimeter lot lines, regardless of the location, ownership, size, or quantity of the interior lots, effectively treating the aggregation of lots as one lot for meeting the requirements by the Zoning Ordinance and Design Guidelines.

   UNIFORM SIGN POLICY. A plan establishing parameters for the size, location and design of signs on a property.

   USE. The purpose for which land or water or a structure thereon is designed, arranged and intended to be occupied or utilized or for which it is occupied or maintained.

   USE AND OCCUPANCY PERMIT. A written permit issued by the Building Inspector required before occupying or commencing to use any building or other structure or any lot.

   USE, PUBLIC. Any use that is under control of a unit of general purpose government or governmental agency.

   USE, SEMI-PUBLIC. Any use that is under the control of a non-private organization or a non- governmental agency that provides a public service.

   UTILITY CORPORATION TRUCK YARD. An area of land that provides for the storage of service trucks and/or utility equipment and construction and maintenance materials.

   VARIETY STORE. A retail store that sells a wide variety of relatively small and inexpensive items. (A Glossary of Zoning, Development, and Planning Terms: Valdez, Alaska)

   VEHICLE SIGN. A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business.

   VENDING MACHINES. Shall be deemed a sign and not allowed to be placed on property so as to be visible from a public right-of-way.

      (1)   Planned development outline plan;

      (2)   Preliminary plat;

      (3)   Final plat (minor);

      (4)   Preliminary site plan; and,

      (5)   Final site plan (minor).

   VOCATIONAL SCHOOL. A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility. (The New Illustrated Book of Development Definitions)

   WALL SIGN. A sign designating the name of the business, institution, or organization which is attached to, in a rigid manner, and parallel to a building wall or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not extend more than 12 inches from such building or structure.

   WATER TANK. See RESERVOIR.

   WINDBLOWN DEVICES. Pennants, streamers, spinners, balloons, gas-filled figures and other similar devises.

   WINDOW SIGN. A permanent business sign painted on or posted in a window and visible from a public right-of-way.

   WIRELESS COMMUNICATIONS FACILITIES.

   WORK OF ART. An object, painting, sculpture, picture, or other similar artistic rendering which contains no commercial message.

      (1)   Accessory uses and structures as provided in § 151.025, which includes, but is not limited to:

         (a)   Off-street parking, driveways, and loading areas.

         (b)   Flag poles.

         (c)   Landscape elements, posts, and customary yard accessories.

         (d)   Fences, walls, and hedges.

      (3)   Bay windows, porches, balconies, fire escapes, and steps projecting not more than 36 inches from an exterior wall for a distance not more than one-third of the length of such wall.

      (4)   Landscape elements, posts, and customary yard accessories.

   YARD, REQUIRED FRONT. A yard extending across the entire width of the lot, the depth of which is the minimum horizontal distance established by the Zoning Ordinance between the front lot line and a line parallel thereto on the lot. See Figure 8. (APA PAS Report No. 491/492)

   YARD, REQUIRED REAR. A yard extending across the entire width of the lot, the depth of which is the minimum horizontal distance established by the Zoning Ordinance between the rear lot line and a line parallel thereto on the lot. See Figure 8.

   YARD, REQUIRED SIDE. A yard extending parallel to the side lot line between front and/or rear yards, the width of which is the minimum horizontal distance established by the Zoning Ordinance. See Figure 8.

(`00 Code, § 11-202) (Ord. passed 5- -02; Am. Ord. 2002-11, passed 7-2-02; Am. Ord. 2003-15, passed 5-12-03; Am. Ord. 2003-22, passed 8-25-03; Am. Ord. 2003-27, passed 8-25-03; Am. Ord. 2003-34, passed 11-24-03; Am. Ord. 2003-38, passed 12-8-03; Am. Ord. 2005-01, passed 2-14-05; Am. Ord. 2005-12, passed 12-12-05; Am. Ord. 2006-12, passed 7-10-06; Am. Ord. 2008-02, passed 2-11-08; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-01, passed 2-9-09; Am. Ord. 2009-12, passed 10-26-09; Am. Ord. 2009-16, passed 11-23-09; Am. Ord. 2010-01, passed 8-23-10; Am. Ord. 2011-01, passed 3-14-11; Am. Ord. 2011-02, passed 3-14-11; Am. Ord. 2011-05, passed 5-23-11; Am. Ord. 2011-06, passed 4-25-11; Am. Ord. 2015-07, passed 9-28-15; Am. Ord. 2017-10, passed 7-10-17; Am. Ord. 2018-02, passed 8-14-18; Am. Ord. 2019-05, passed 5-13-19; Am. Ord. 2020-08, passed 11-23-20; Am. Ord. 2021-06, passed 7-12-21; Am. Ord. 2021-12, passed 10-25-21; Am. Ord. 2020-11, passed 12-13-21; Am. Ord. 2021-16, passed 1-10-22; Am. Ord. 2023-09, passed 5-13-24)

   (A)   Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   (B)   Relationship to other laws and private restrictions.

      (1)   Where the conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the height or bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, resolution, ordinance, rule or regulation of any kind, the regulations which are more restrictive shall apply.

      (2)   This chapter is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.

   (C)   Ordinance provisions do not constitute permit. Nothing contained in this chapter shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.

   (D)   Provisions are cumulative. The provisions of this chapter are cumulative with additional limitations imposed by all other laws and ordinances, heretofore, passed or which may be passed hereafter, governing any subject matter appearing in this chapter.

   (E)   Separability. It is declared to be the intention of the Board of Mayor and Aldermen of the Town of Collierville, Tennessee, that the several provisions of this chapter are separable in accordance with the following:

      (1)   If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgement shall not affect any other provision of this chapter not specifically included in the judgement;

      (2)   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgement shall not affect the application of the provisions to any other property, building or structure not specifically included in the judgement.

   (F)   Application of regulation.

      (1)   No building or other structure shall be constructed, erected, placed or maintained and no land use commenced within the Town, except as specifically or by necessary implication authorized by this chapter. Conditional uses are allowed only on permit granted by the Board of Mayor and Aldermen based on a recommendation from the Planning Commission. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, except as prohibited specifically or by necessary implication.

      (2)   Reserved.

   (G)   Scope of regulations.

      (1)   New uses, lots, buildings or other structures. Upon the effective date of this chapter, any new building or other structure or any tract of land shall be used, constructed or developed only in accordance with the use, bulk and all other applicable provisions of this chapter.

      (2)   Existing uses, lots, buildings or other structures.

         (a)   Any existing use legally established prior to the effective date of this chapter which does not comply with its provisions shall be subject to the nonconforming use provisions in §§ 151.130 et seq.

         (b)   Any existing lot, parcel, building or other structure legally established prior to the effective date of this chapter which does not comply with its provisions, other than use provisions, shall be subject to the noncomplying regulations in § 151.138.

      (3)   Alteration of existing buildings and other structures. All structural alterations or relocations of existing buildings or structures occurring after the effective date of this chapter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

   (H)   Effective date. This chapter shall be in force and effect from and after its passage on third and final reading and adoption, the public welfare requiring it.

(`00 Code, § 11-203) (Ord. passed 7-14-80; Am. Ord. 97-34, passed - -; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-01, passed 2-9-09)

   (B)   Lot of record.

      (1)   Where the owner or subsequent owner of a lot of official record at the time of the adoption of this chapter does not own sufficient land to enable him or her to conform to the yard or other requirements of this chapter, an application may be submitted to the Board of Zoning Appeals for a variance from the terms of this chapter in accordance with § 151.309. Such lot may be used as a building site, provided however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the Board of Zoning Appeals.

      (2)   If a proposed structure to be built on a substandard lot of record complies with all of the setback requirements for the zoning district in which the lot is located, a variance need not be obtained and the building permit may be issued.

   (C)   Adjoining substandard lots of record. Where two or more substandard lots of record with a continuous frontage are under the same ownership, such lots shall be combined to form one or more building sites meeting the minimum requirements of the district in which they are located.

   (D)   Exception on height limits. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flag poles in non-residential districts, radio towers, masts and aerials, provided other district requirements are met. The height of flagpoles located in residential districts shall not exceed the maximum heights allowable under § 151.025 (D)(6).

   (A)   General district regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

      (1)   No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;

      (2)   No building or other structure shall hereafter be erected or altered:

         (a)   To exceed the height or bulk;

         (b)   To accommodate or house a greater number of families;

         (c)   To occupy a greater percentage of lot area, where applicable;

         (d)   To have narrower or smaller rear yards, front yards, side yards or other open space than herein required or in any other manner contrary to the provisions of this chapter;

      (3)   No part of a yard, other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading spaces similarly required for any other building;

      (4)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

   (B)   Visibility at intersections. On a corner lot in any district, except CB, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half and ten feet. This restriction applies to that area formed by the centerline of streets or a street and a railroad at a distance of 100 feet from their intersections.

         (a)   Allow for areas on-site for privacy, while maintaining the Town’s general open design along streets;

         (b)   Provide screening and mitigation of potential conflicts between active areas and more passive areas;

         (c)   Enhance the overall aesthetic conditions within the Town;

         (d)   Limit sight line obstructions;

         (e)   Reduce the potential for criminal and illegal activities; and

         (f)   Prevent conflicts with utilities and drainage flow.

         (b)   Fence permit required. It shall be unlawful for any contractor, individual or property owner to commence the installation of a fence or wall until the Development Department has issued afence permit for such work. Any fence permit issued in conflict with the provisions of this chapter shall be null and void. It shall be the responsibility of the contractor, individual or property owner to correct any violations that may exist as determined by the Development Director (or his/her designee) within a reasonable time period specified by the Development Department. Fence permits shall not be required for maintenance of an existing fence unless more than 50% of the fence is being reconstructed.

 

         (a)   Wooden fence boards used in a nonresidential development shall be naturally rot resistant wood (redwood, cypress and cedar).

         (b)   Fence boards used within a perimeter fence required in Planned Developments, Common Open Space, Reversed Frontage fence, or a fence abutting an arterial street or collector street as designated by the Collierville Major Road Plan, in subdivisions developed after January 1, 2016, shall be naturally rot resistant wood (redwood, cypress and cedar).

         (c)   The Design Review Commission or the Historic District Commission may approve alternative materials on a case-by-case basis.

         (d)   Retaining walls.

         (e)   Formed concrete walls or concrete wall panels provided they are within side or rear yards, front yard encroachments allowed for corner lots per § 151.006(C)(9), common open space, or along the rear property line of reverse and double-frontage lots.

         (f)   Plastic and composite materials (100% recycled plastic, recycled plastic and waste wood fiber/sawdust).

         (a)   Front yard fences outside of the Historic District of not more than 48 inches height may be allowed subject to the review and approval of the Design Review Commission and as noted in the table included in § 151.006(C)(4).

         (b)   Front yard fences inside the Historic District of not more than 42 inches in height may be allowed in front yards, subject to review and approval of the Historic District Commission and as noted in the table included in § 151.006(C)(4).

         (b)   Opacity limitations are meant to maintain an open appearance along public streets and to prevent crime.

         (c)   Except where specifically permitted otherwise, the body of a fence located between a street and a principal structure shall have a maximum opacity of 75%.

            1.   A perimeter common open space or reversed frontage fence or wall abutting an arterial street or a four-lane or greater collector street as designated by the Collierville Major Road Plan;

            2.   A screening fence or wall required by the Design Guidelines;

            3.   A screening fence or wall required as a condition of approval;

            4.   An opaque fence on a corner lot as specifically exempted by § 151.006(C)(9);

            5.   Masonry walls subject to the review and approval of the Design Review Commission or the Historic District Commission (if located in the Collierville Historic District);

            6.   A retaining wall;

            7.   A pool barrier as required by the Swimming Pool Code adopted by the Town of Collierville;

            8.   Vegetation growing adjacent to or on a fence will not be considered in determining compliance with the opacity requirements for fences; and

            9.   For the purposes of fence opacity limitations, an alley is not considered a street.

         (a)   Encroaches into an alley (except for temporary fencing necessary for public safety);

         (b)   In the opinion of the Town Engineer, blocks or diverts drainage within a drainage easement per § 151.006(C)(13);

         (c)   Compromises safety by blocking vision at street intersections or obstructs the visibility of vehicles entering or leaving driveways or alleys (see also § 151.006(B));

         (d)   Blocks access to any above ground or pad-mounted electrical transformer, equipment vault, or similar device. A 15 foot clear access must be provided for maintenance of Memphis Light, Gas, and Water pad mounted transformers;

         (e)   Removes, as determined by the Development Director or his/her designee, or significantly damages a tree located within a Tree Protection Zone;

         (f)   Is located within six feet of a fire hydrant; or

         (g)   Is located on a portion of the property that is subject to road widening by the Collierville Major Road Plan.

      (16)   Double fences. Double fences shall be allowed in the side and rear yards with the exception of double frontage or reverse frontage lots where rear property lines face a public right-of-way. A fence permit shall be required prior to the installation of a double fence. A double fence may be installed on the opposite side of a common property line where a fence has been installed that does not provide adequate screening measures, including, but not limited to, height of opposing fence installed below the prescribed maximum height or the use of transparent materials such as chain-link fencing. Double fences shall be installed against the property line so as to prevent non-maintainable land between fences.

 

 

 

 

   (J)   Zoning of annexed territory. All territory which may hereafter be annexed into the Town of Collierville shall be zoned and classified as a part of that zoning district of the Town specified by the Board of Mayor and Aldermen by ordinance at the time of annexation thereof. The Planning Commission shall make recommendations to the Board of Mayor and Aldermen on proposed zoning for areas in the process of being annexed. The Board, before adopting any ordinance zoning the property, shall first hold a public hearing in accordance with § 151.311(F). Upon annexation, the Board of Mayor and Aldermen shall, by separate ordinance, zone such annexed territory consistent with the public health, safety, convenience and welfare of the inhabitants of the Town of Collierville.

(`83 Code, § 11-205) (Ord. 95-11, passed - -; Am. Ord. 00-35, passed - -; Am. Ord. passed 5- -02; Am. Ord. 2003-34, passed 11-24-03; Am. Ord. 2005-10, passed 8-22-05; Am. Ord. 2008-20, passed 11-10- 08; Am. 2008-21, passed 11-10-08; Am. Ord. 2011-02, passed 3-14-11; Am. Ord. 2011-04, passed 3-14-11; Am. Ord. 2011-05, passed 5-23-11; Am. Ord. 2011-06, passed 4-25-11; Am. Ord. 2015-10, passed 10-126-15; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2021-13, passed 8-30-21)

   Chapter 151 and each section in the chapter was amended and restated by Ordinance 2003-35, passed 11-24-2003.

      (1)   Preliminary site plan;

      (2)   Final site plan;

      (3)   Conditional use permit:

      (4)   Planned development (new or major amendment to existing);

      (5)   Rezoning;

      (6)   Final subdivision plat (minor) with a new developable lot being created;

      (7)   Preliminary subdivision plat; and

      (8)   Any other type of development application where, in the opinion of the Town Engineer, a TIA is needed before permits can be issued or a development agreement executed by the Town.

      (1)   As a minimum, all applications shall provide a trip generation letter (daily, a.m. and p.m. peak hour volumes) for all proposed uses.

      (2)   Based on the trip generation letter, and prior to the preparation of the TIA, the applicant should hold a methodology meeting with the Town Engineer. The Town Engineer will determine the limits and extent of the analysis based on the scope of the project and the existing conditions. Following the meeting with the Town Engineer, the TIA may be prepared and submitted with the development application for review. Failure to hold a methodology meeting with the Town Engineer to decide the methodology and scope and/or failure to provide proper traffic information will constitute an insufficient development application. The methodology meeting will discuss the following:

         (a)   Size and type of development;

         (b)   Proposed access points and the type of access requested;

         (c)   Study intersections;

         (d)   Background growth rate(s);

         (e)   Background developments to be included;

         (f)   Trip generation codes based on ITE’s Trip Generation Manual;

         (g)   Analysis year(s);

         (h)   Assumed roadway improvements (all roadway improvements must be fully funded in the current year CIP). Any other roadway improvements that are included as part of assumed improvements not in the CIP must be agreed to by the Town Engineer;

         (i)   Assumed internal trip capture. This must be based on the procedure outlined in ITE Trip Generation Handbook. The Town Engineer may choose to not allow any internal capture; and

         (j)   Assumed passer-by trips. This must be based on ITE’s rates and the Town Engineer may choose to not allow any pass-by trips.

      (3)   Additional analysis may be required, if determined to be warranted by the Town Engineer, after review of the TIA.

(Ord. 2023-09, passed 5-13-24)