(A)   A Design Review Commission, hereinafter referred to as the “Commission,” is established to develop specific review procedures for the construction and development of all structures, including accessory structures having an influence upon the appearance and environment of the Town of Collierville, except for single family residential detached homes. Signage is not included in those structures reviewed by the Commission.

   (B)   It is the purpose of the Commission to ensure that proposed structures conform to proper design standards and the general character of the area in which they are located in order to accomplish the following objectives:

      (1)   Proper development of the Town and its existing environment in an effort to prevent the harmful effects of improper appearances of buildings erected in the Town and thus to promote the health, safety, comfort, general welfare and prosperity of the community;

      (2)   Promotion of the community’s attractiveness and functional utility as a place to live and to work;

      (3)   Conservation of property values and protection for the public investment within the Town;

      (4)   Maintenance of a balance among land uses through the implementation of appropriate community appearance standards to ensure that new development does not impair existing property values; and

      (5)   Protection of the special and unique architectural and educational characteristics located in the Town’s older sections.

(`00 Code, § 11-1501) (Am. Ord. 2010-01, passed 8-23-10)

   The Commission shall consist of seven members and shall be appointed or reappointed by the Board of Mayor and Aldermen for a term of one year which shall expire on December 31 of each year or until their successors are appointed. The membership shall include one Alderman and at least four members shall be recognized practitioners in any one of the following fields: architecture, engineering, landscape architecture, urban planning or retail business. The Mayor shall designate one of the members of the Commission to be Chairperson. Members shall be removed from membership for three or more absences from regular scheduled meetings in a consecutive 12-month period. A member may be removed from membership by a majority vote of the Board of Mayor and Aldermen. If a vacancy is created or a new appointment is necessary, resulting from an increase of the membership, the Mayor shall appoint a replacement member to fill the unexpired term or the additional member.

(`00 Code, § 11-1502) (Ord. passed 5- -02)

   Meetings of the Commission shall be held at least one time per month and at such other times as the Commission may determine necessary. A majority of the membership shall constitute a quorum, and a quorum shall be required to transact any business of the Commission. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact. Copies of these minutes shall be transmitted to the Board of Mayor and Aldermen monthly. The Commission, by majority vote, may adopt rules and regulations governing its procedures.

(`00 Code, § 11-1503)

   (A)   Whether or not a building permit is required pursuant to this chapter, plans, in form and substance, as specified by the Commission and as required in § 151.246, shall be submitted to the Commission or the Development Director in the case of a minor site plan for:

      (1)   Changes in exterior appearance, exterior alteration, moving, demolition or change in use for either land, buildings or buildings and land of all categories other than single family residential detached construction;

      (3)   Fences, signs, landscaping requirements and curb cuts not otherwise reviewable pursuant to the foregoing subsections.

   (B)   Pursuant to specific provisions of the Zoning Ordinance of the Town, the Development Director shall have the authority to review and approve certain applications relating to the development and improvement of property, with the applicant having the right to seek approval of the Design Review Commission if approval is not granted by the Development Director. The approval process described herein shall apply without regard to whether a building permit is required pursuant to this chapter, but in no case shall a building permit be issued prior to Commission review and approval of these plans. For categories of development for which Planning Commission review is also required, applicants shall, at the time of submission of plans to the Commission, also submit to the Planning Commission such plans, plats or sketches as may be required by law. Plans subject to the approval both by the Planning Commission and by the Design Review Commission shall ordinarily be reviewed first by the Planning Commission, or by the Development Director in the case of minor site plan.

(`00 Code, § 11-1504) (Ord. 2005-01, passed 2-14-05; Am. Ord. 2009-12, passed 10-26-09; Am. Ord. 2010-01, passed 8-23-10)

   Reconstruction or repairs required for immediate public health or safety reasons, as determined by the Mayor or his or her designee, are expressly exempted from the requirements of this subchapter.

(`00 Code, § 11-1505)

   In order to facilitate the purposes of this subchapter, the Collierville Design Guidelines are incorporated herein by reference. Any amendment to the Design Guidelines shall be made by resolution approved by the Board of Mayor and Aldermen upon recommendation of the Commission.

(`00 Code, § 11-1506) (Am. Ord. 2009-12, passed 10-26-09)

   (A)   Following preliminary site plan review by the Planning Commission, if required by ordinance, all plans for non-single family residential detached structures and accessory structures shall be submitted to the Commission for examination and determination of whether the proposed structure(s) will conform to proper design guidelines and the general character of the area and be conducive to the proper development of the Town and its existing environment. Pursuant to certain provisions of the Zoning Ordinance, the Development Director is vested with authority to grant approval, in lieu of the Design Review Commission, of certain contemplated improvements to property. Review and approval by the Development Director and the Commission is a prerequisite to the issuance of a building permit and/or an occupancy permit. The review process outlined in subsections (1), (2) and (3) of this section shall apply to every application, except the provisions of subsection (1), which shall be optional upon the request of the applicant and approval of the Commission.

      (1)   Applicants for design review certification shall submit to the Town planning staff photographs, site plans, site landscaping plans, photometric plans and building elevation plans as specifically required by the Design Guidelines. The Town planning staff shall review such materials and make available to the applicant its report and recommendation one week prior to the date of the hearing before the Commission.

      (2)   Within 45 days following the submission of the application, the Commission, or Development Director if the matter is one which can be approved by the Development Director, shall approve, approve with conditions or disapprove an application for design review certification unless the Commission or the Development Director, as applicable, and the applicant agree to a greater time period. Absent such an agreement, all applications not acted upon by the Commission, as applicable, within 45 days shall be deemed approved. Minutes shall be kept of the Development Director or Commission’s proceedings reflecting the findings of the Commission and reasons for its decisions shall be clearly stated in the record. An approved application and its supporting exhibits shall be endorsed as approved by the Commission or its authorized representative. When a matter is approved by the Development Director, a writing evidencing such approval shall be made a part of the permanent records of the Town.

   (B)   Upon approval by the Development Director or the Commission, as the case may be, the Building Official may issue a building permit and/or occupancy permit, provided that the applicant has complied with all other codes, ordinances, regulations and procedures required for such permits. The reasons for disapproval shall be certified to the applicant in writing along with the recommended changes to bring the plan into conformance with the criteria considered. When an application is disapproved by the Development Director, the applicant shall be advised of his or her right of appeal to the Commission, and if not approved by the Commission, the applicant shall be advised of his or her further right to appeal.

(`00 Code, § 11-1507) (Am. Ord. 2009-12, passed 10-26-09; Am. Ord. 2010-01, passed 8-23-10)

   In addition to such further elements as may be required by the Design Guidelines, the criteria to be considered by the Development Director or the Commission in determining whether proposed developments will conform to proper design standards and the general character of the area are as follows:

   (A)   The plan for the proposed development is in conformity with the appropriate and acceptable architectural standards, of the general character of the surrounding neighborhood in the community and the orderly development of the community;

   (B)   The plan for the proposed development indicates that it is reasonably protected against external and internal noise, vibrations and other conditions which might tend to make the environment less desirable;

   (C)   The proposed development is not, in its exterior design and appearance, of inferior quality such as to cause the nature of local environment to materially depreciate in appearance and value;

   (D)   The proposed development is in compliance with all applicable ordinances and statutes governing the location and appearance of buildings and structures.

(`00 Code, § 11-1508) (Am. Ord. 2009-12, passed 10-26-09)

   In the event an application is conditionally approved or is disapproved by the Commission, the applicant may appeal the Commission’s action to the Board of Mayor and Aldermen at a regularly scheduled meeting of the Board not more than 45 days after the date of the Commission’s action. The Board of Mayor and Aldermen, at such hearing, shall listen to all parties who desire to be heard, consider all evidence, deliberate and approve, approve with conditions or disapprove the application by written statement setting forth its reasons for its action. If the Board of Mayor and Aldermen approves or conditionally approves the application, the Building Official may issue a building permit and/or occupancy permit forthwith, provided the applicant has complied with all other codes, ordinances, regulations and procedures required for building permits.

(`00 Code, § 11-1509)

   (A)   Following the construction or modification of any development the design of which is approved pursuant to this subchapter, the development shall be maintained in accordance with the following standards:

      (1)   Buildings and appurtenances shall be cleaned and painted or repaired as required to maintain an attractive appearance;

      (2)   Illuminated elements of buildings shall be replaced as required to maintain the effect for which designed;

      (3)   Landscape materials, other than plantings, which have deteriorated shall be reconstituted or replaced;

      (4)   Plantings shall be kept watered, fed, cultivated and pruned to give a healthy appearance during all seasons. Plant materials which have deteriorated shall be replaced with healthy plantings;

      (5)   Parking areas shall be kept in an orderly state, properly marked and clear of litter and debris; and

      (6)   Vacant property shall be kept free of refuse and debris and shall have the vegetation cut periodically during the growing season.

   (B)   Failure to comply with the requirements of this section after a notice of noncompliance has been issued by the Building Official, with a stated time frame for compliance, shall be deemed a violation of this subchapter and shall be subject to the revocation of any permit, license, certificate or other approval initially issued by the Town as a basis for construction and/or occupancy of the development on which the violation has occurred.

(`00 Code, § 11-1510) (Am. Ord. 2010-01, passed 8-23-10)

   A project development contract, incorporating, among other elements, any conditions or requirements imposed on the applicant pursuant to this subchapter, must be executed by and between the Board of Mayor and Aldermen and the applicant before a building permit can be issued for any development for which Town ordinances or any other law requires a project development contract.

(`00 Code, § 11-1511)