(A)   Administrative Officer. The provisions of this chapter shall be administered by the Development Director or an appropriate designee selected by the Town Administrator.

   (B)   Administrative Officer authority and responsibilities. The Development Director shall administer and enforce this chapter and in addition shall:

      (1)   Conduct inspections of building, structures and use of land to determine compliance with the provisions of this chapter;

      (2)   Maintain permanent and current records of this chapter and subsequent amendments, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore;

      (3)   Provide information to the public on all matters relating to this chapter;

      (4)   Receive, file and forward to the Planning Commission all applications for amendments to this chapter;

      (5)   Receive, file and forward to the Board of Zoning Appeals all applications for variances, conditional use permits and all other matters on which such Board is required and authorized to consider under the provisions of this chapter;

      (6)   Initiate, direct and review, from time to time, a study of the provisions of this chapter and make reports of recommendations to the Planning Commission and Board of Mayor and Aldermen.

(`00 Code, § 11-1001)

   (A)   Powers and duties of the Building Official.

      (1)   The Building Official shall in furtherance of authority granted under the Standard Building Code and related codes:

         (a)   Issue all building permits and make and maintain records thereof;

         (b)   Issue all use and occupancy permits and make and maintain all records thereof.

      (2)   It shall be unlawful for the Building Official to approve any plan or issue any permits or certificates of occupancy for any excavation or construction work until plans have been fully inspected and found to conform with this chapter and other applicable regulations of the Town.

      (3)   Under no circumstances is the Building Official permitted to make changes in this chapter nor to vary its terms and provisions in carrying out the duties and responsibilities assigned to the Building Official.

      (4)   The Building Official shall not refuse to issue a permit when the applicant complies with conditions imposed by this chapter even though compliance with the permit might result in the violation of private agreements such as restrictive covenants.

   (B)   Building permit required.

      (1)   It shall be unlawful to commence any site excavation, site grading or other land disturbing activity or public improvements or to commence the excavation for the construction of any building or other structure, including accessory buildings and structures, or to commence the moving or alteration of any building or other structure, including accessory buildings and structures, until the Building Official has issued a building permit for such work. The permit requirement for land disturbing activities shall not apply to agricultural farming operations, commercial nursery operations or to residential landscaping or gardening activities.

      (2)   Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department or employee of the Town of Collierville, unless the application for such permit has been examined by the Building Official and has affixed to it a certificate from the Building Official indicating that the proposed building or structure complies with all the provisions of this chapter. Any building permit or use and occupancy permit issued in conflict with the provisions of this chapter shall be null and void.

   (C)   Plot plan required for building permits. When deemed necessary by the Building Official, all applications for building permits be accompanied by plans and specifications, including a plot plan in triplicate, drawn to scale no less than one inch equals 100 feet and showing the following information.

      (1)   Residential buildings or other structures involving two units or less located on one parcel. The plot plan of any residential building or other structure of residential activity with two dwelling units or less on one parcel shall indicate:

         (a)   The actual shape, location and dimension of the parcel;

         (b)   The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structure already on the parcel;

         (c)   Such other information concerning the parcel or adjoining parcels as may be essential for determining whether the provisions of this chapter are being observed;

         (d)   Any fences to be built during the construction of a residence or to be built on the parcel of an existing residence must be shown on a plot plan. The plan shall be drawn to scale and shall indicate the location and the height of the proposed fence. The Building Official shall use this information and may request any additional information deemed necessary in order to determine that the proposed fence does not constitute a traffic hazard and otherwise conforms to the ordinances and regulations of the Town. If the Building Official determines that the fence may create a hazard to traffic and/or is not otherwise in compliance with the ordinances and regulations of the Town, the Building Official shall refuse to issue a building permit until changes required are made to the plot plan to correct any hazardous condition.

      (2)   All other buildings, structures and activities. The plot plan of any other building, structure or activity shall indicate, at a minimum, the following information:

         (a)   The actual shape, location and dimensions of the parcel;

         (b)   The shape, size, height and location of all buildings or other structures to be erected, altered or moved and of any building or other structure already on the parcel;

         (c)   The existing and intended use of the parcel and of all such structures upon it, including, for residential activities, the number of dwelling units the building is intended to accommodate;

         (d)   Topographic features (contours not greater than five foot intervals);

         (e)   Location of all driveways and entrances;

         (f)   Location of all accessory off-street parking areas to include a plot plan showing design and layout of such parking facilities where five or more accessory off-street parking spaces are to be provided;

         (g)   Location of all accessory off-street loading areas;

         (h)   Location of open space, including a notation of the percentage of open space exclusive of pervious surfaces in relation to total land area contained in the parcel;

         (i)   Proposed ground coverage, floor area and building height;

         (j)   Position of fences and walls (materials to be specified on plan);

         (k)   Position of screen planting (type and size of plant materials to be specified on plan);

         (l)   Location of windows and courts;

         (m)   Location, type and size of proposed signage (if allowed);

         (n)   Proposed means of surface drainage and storm water management;

         (o)   Location of all easements and rights-of-way;

         (p)   Location of all areas subject to flooding, including floodplains, floodways and floodprone areas;

         (q)   Location of all existing and proposed utilities (for example, electrical (with notation for above ground or underground service), water, sewer and natural gas);

         (r)   Percolation test or soil analysis results from County Health Department indicating that subsurface sewerage disposal is authorized if public sewer is not to serve the parcel.

   (D)   Certificate of occupancy required. No building or addition thereto, constructed after the effective date of this chapter, and no addition to a previously existing building or accessory structure shall be occupied, and no land shall be used for any purpose until a certificate of occupancy has been issued by the Building Official. No change in a use other than that of a permitted use shall be made until a certificate of occupancy has been issued by the Building Official.

   (E)   Application for a certificate of occupancy. Every application for a new building permit shall be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use of land where no building permit is required shall be made directly to the Building Official.

   (F)   Issuance of certificate of occupancy. The following shall apply to the issuance of any certificate of occupancy.

      (1)   Permits not to be issued. No certificate of occupancy shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this chapter.

      (2)   Certificate of occupancy for existing buildings. A certificate of occupancy may be issued for existing buildings, structures or parts thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures or parts thereof, or such use of land, are in full conformity with all the provisions of this chapter.

      (3)   Temporary or partial certificate of occupancy. Nothing in this chapter shall prevent the issuance of a temporary or partial certificate of occupancy for a portion of a building or structure in the process of erection or alteration, provided that such temporary permit shall not be effective for a time period in excess of six months, and provided further that such portion of the building, structure or premises is in full conformity with all the provisions of this chapter. A cash bond may be required by the Town as surety for completion of remaining improvements and shall include a specified time period within which all remaining improvements shall be completed satisfactorily.

      (4)   Permits for dwelling accessory buildings. Buildings accessory to dwellings shall not require a separate certificate of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as the principal dwelling unit on the parcel.

   (G)   Records of certificates of occupancy. A record of all certificates of occupancy issued shall be kept on file in the office of the Building Official.

   (H)   Final inspections. No certificate of occupancy for a building, structure or an addition thereto, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises inspected and certified by the Building Official and other officials of the Town to be in conformity with the applicable plans and specifications upon which a building permit was issued.

(`00 Code, § 11-1002)

   (A)   The Collierville Planning Commission, for the purposes of this subchapter, shall be referred to as the Planning Commission.

   (B)   The Planning Commission shall, in addition to other duties imposed upon it by ordinance:

      (1)   Establish such rules of procedure as are necessary to the performance of its functions hereunder;

      (2)   Study and report on all proposed amendments to this chapter, including amendments to the Official Zoning Map;

      (3)   Review on an annual basis this chapter periodically, and, on the basis of such review, recommend amendments thereto;

      (4)   Review and make a recommendation to the Board of Mayor and Aldermen on all applications for planned unit developments in accordance with §§ 151.150 et seq. and recommend to the Board of Mayor and Aldermen to approve, disapprove or approve subject to conditions;

      (5)   Review and decide all applications for erosion and sediment control measures;

      (6)   Review and decide all applications for tree protection and preservation and grading measures in accordance with §§ 151.265 through 151.273;

      (7)   Review and make recommendations to the Board of Mayor and Aldermen on site development plans;

      (8)   Review and decide all applications for subdivision plat approval in accordance with the Subdivision Regulations of the Town of Collierville;

      (9)   Review and make recommendations to the Board of Mayor and Aldermen on requests for conditional use permits.

      (10)   To call on any department for assistance in its duties; and it shall be the duty of such department(s) to render all such assistance as may be reasonably required.

(`00 Code, § 11-1003) (Am. Ord. 2008-20, passed 11-10-08)

   (A)   Creation and appointment. The Board of Zoning Appeals is established as authorized under this chapter and as provided by Tenn. Code Ann. § 13-7-205.

      (1)   Membership and term of office. The Board of Zoning Appeals shall consist of five members, not more than one of whom shall be members of the Collierville Planning Commission. They shall be appointed by the Mayor of the Town of Collierville and confirmed by a majority vote of the Board of Mayor and Aldermen. The terms of membership shall be one year and shall expire on December 31 of each calendar year, except that the terms of those members serving on the Board at the time of adoption of this chapter shall be permitted to serve the remainder of their unexpired term after which time persons appointed to that respective position shall serve a one year term. Members may be reappointed to serve more than one year upon appointment and confirmation by a majority vote of the Board of Mayor and Aldermen. 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.

      (2)   Vacancies. Vacancies shall be filled for an unexpired term by appointment by the Mayor and confirmation by the Board of Mayor and Aldermen.

      (3)   Appointment of special members to fill temporary vacancies. The Mayor may, with the concurrence of a majority of the Board, appoint special members to the Board of Zoning Appeals to fill temporary vacancies at any regular scheduled or special called meeting to insure that a quorum is present. The special appointments shall be in writing signed by the Mayor, stating the date of the meeting(s), not to exceed two, for which the appointment is to be effective.

      (4)   Compensation and removal. All members of the Board shall serve with such compensation as may be fixed by the Board of Mayor and Aldermen.

   (B)   Powers of the Board of Zoning Appeals. 

      (1)   The Board of Zoning Appeals is vested with the powers to:

         (a)   Hear and decide appeals from any order, requirement, decision or determination made by any Town official charged with the responsibility of enforcing the provisions of this chapter, whereby it is alleged in writing that such official is in error or has acted in an arbitrary manner. An appeal shall be filed with the Planning Division not later than 30 calendar days from the date of any written order, requirement, decision, or determination made by a Town Official charged with the responsibility of applying and enforcing the provisions of this chapter;

         (b)   Hear and act upon application for variances, including those parcels located within approved Planned Unit Developments, in accordance with § 151.309, to alleviate hardships by virtue of the inability of the landowner to comply strictly with the provisions of this chapter by reasons of unique shape, topography or physical features of the property, provided that relief to the applicant may be granted without substantial detriment to the public good and without substantially impairing the intent of this chapter;

         (c)   Hear and decide all matters referred to it on which it is required and authorized to act under this chapter;

         (d)   To hear and decide, in accordance with the provisions of this chapter, a request for interpretation of the Zoning Code or Official Zoning Map of the Town of Collierville; and

         (e)   To call on any department for assistance in its duties; and it shall be the duty of such department(s) to render all such assistance as may be reasonably required.

      (2)   The Board of Zoning Appeals, in either approving, granting or denying a conditional use, variance, or otherwise when proper, will consider whether or not the approval will impair an adequate supply of light and air to adjacent property, unreasonably increase the traffic congestion within public streets, increase the danger of fire and endanger public safety, or in any other way impair the public health, safety, comfort or welfare of the inhabitants of the Town. Such consideration further may relate to screening, landscaping, location or other conditions necessary to protect property in the vicinity of the subject site.

      (3)   In the Board of Zoning Appeals' evaluation of whether to approve, grant or deny a conditional use, variance or otherwise, it may consider whether adequate public facilities and services are available in the applicable area and whether existing public infrastructure, including but not limited to road existence, road width, sewage treatment capacity, water treatment capacity, or utility capacity, is not yet, or will not be, adequate to serve the applicable area.

   (C)   Election of officers. The Board shall elect from its members its own Chair, Vice-Chair and Secretary who shall serve for one year and may upon election serve succeeding terms.

   (D)   Conflict of interest. Any member of the Board who shall have a direct or an indirect interest in any property which is the subject matter of or will be affected by a decision of the Board shall be disqualified from participation in the discussion, decision and proceedings of the Board in connection therewith. The burden of revealing any such conflict rests with individual members of the Board. Failure to reveal any such conflict shall constitute grounds for immediate removal from the Board.

   (E)   Meetings of the Board. Meetings shall be held at the call of the Chair and at such other times as the Board may determine. The Chair, or in his or her absence, the Vice-Chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and proper public notice of such meetings shall be given.

   (F)   Rules and proceedings of the Board. The Board shall adopt rules for the conduct of its meetings. The rules shall, at a minimum, require that:

      (1)   The presence of three members shall constitute a quorum and the concurring vote of at least two members of the Board shall be necessary to deny or grant any application before the Board;

      (2)   No action shall be taken by the Board on any case until after a public hearing and notice thereof has been provided. The notice of public hearing shall be published in a newspaper of general circulation to the Town of Collierville at least ten days before the date set for a public hearing. A written notice of the hearing shall be sent by mail to the appellant and all affected property owners located within 300 feet of the subject parcel on all sides at least ten days before the hearing. The notice to the appellant shall be sent by certified mail;

      (3)   The Board may call upon any other office or agency of the Town government for information in the performance of its duties and it shall be the duty of such other agencies to render such information to the Board as may be reasonably required;

      (4)   The Collierville Planning Commission shall be permitted, if the request to the Board is made in writing, to submit an advisory opinion on any matter before the Board and such opinion shall be made part of the record of such public hearing;

      (5)   Any officer, agency or department of the Town of Collierville or other aggrieved party may appeal any decision of the Board to a court of competent jurisdiction as provided for by state law;

      (6)   In any decision made by the Board on a variance, the Board shall:

         (a)   Indicate the specific section of this subchapter under which the variance is being considered and shall state its findings beyond such generalities as interest of public health, safety and general welfare;

         (b)   In cases pertaining to hardship, specifically identify the hardship warranting such action by the Board;

      (7)   Requests will be assigned for hearing in the order in which they appear on the calendar thereof, except that requests may be advanced for hearing by order of a majority of the Board, good and sufficient cause being shown;

      (8)   During the public hearing of the case before the Board, the applicant shall be entitled to be heard or may be represented by counsel or agent. The applicant’s side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure during meetings, each side shall proceed without interruption from the other.

(`00 Code, § 11-1004) (Ord. passed 5- -02; Am. Ord. 2006-04, passed 4-24-06; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-08, passed 6-22-09)

   (A)   Authority. In accordance with § 151.308, the Board of Zoning Appeals has the authority to hear and act upon applications for variances to alleviate hardships by virtue of the inability of the landowner to comply strictly with the provisions of this chapter by reasons of unique shape, topography or physical features of the property.

   (B)   Purpose. The purpose of the variance is to modify the strict application of the specific requirements of this chapter in the case of exceptional irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby strict application would result in practical difficulty or undue hardship which would deprive an owner of the reasonable use of his or her land. A variance may only be granted if it will not cause substantial detriment to the public good and without substantially impairing the intent of the Zoning Code.

   (C)   Application for variance; submission deadline and fee.

      (1)   A written application for a variance shall be filed along with payment of an application fee as prescribed in Resolution 98-28 (as amended) with the Board of Zoning Appeals by the property owner or his or her designated agent on a form provided by the Town. The application shall contain information and exhibits as may be required. An incomplete application or an application that fails to meet minimum submittal requirements shall be returned to the applicant by the Town and shall include a written statement enumerating the deficiency(ies) in the application. The completed application and any proposed supplement thereto shall be submitted in compliance with the then existing required deadlines as set periodically by the Board of Zoning Appeals.

      (2)   Administrative variances may be granted in the following circumstances.

         (a)   The Development Director, or his or her designee, may grant an administrative variance of up to 5% of an applicable yard setback for all lots of record. The person seeking the administrative variance must submit an application and fee as is required for other variances. Public notice shall not be required. Appeals shall be to the Board of Zoning Appeals. Public notice of the Board of Zoning Appeal’s hearing on such appeal shall be the same as other variances. Such administrative variance may be granted only when it is determined that a field error has occurred regarding the placement of the principal building on the lot.

         (b)   For single family dwellings, the Development Director, or his or her designee, may grant an administrative variance of up to 10% of an applicable front building setback required by the Bulk Requirements in § 151.027 for a lot of record. The person seeking the administrative variance must submit an application and fee as is required for other variances. Public notice shall not be required. Appeals shall be to the Board of Zoning Appeals. Public notice of the Board of Zoning Appeal's hearing on such appeal shall be the same as other variances. Such administrative variance may be granted only when it is determined that the strict application of the zoning ordinance would be detrimental to the proposed architectural character of the building and the placement of the structure on the lot would not create adverse off-site impacts.

         (c)   If the Development Director, or his or her designee, denies an application for a variance and the Board of Zoning Appeals denies any subsequent appeal of same, a reapplication pertaining to the same property and requesting the same variance may not be filed within one year of the date the Board of Zoning Appeals took final action on the previous application, unless the Department of Development Services initiates such reapplication or unless the Board of Mayor and Alderman authorizes such reapplication.

   (D)   Time limit. The Board of Zoning Appeals shall, on a periodic basis, set the dates for its future meetings and contemporaneously establish a date that shall be the last date that an application to be heard at a particular meeting must be filed (the “Deadline Date”). All applications shall be finally acted upon by the Board of Zoning Appeals within 60 days of their respective Deadline Date unless the applicant agrees that such time period may be extended.

   (E)   Notice of hearing. Notice to affected property owners and to the general public shall be given in conformance with the procedure set forth in § 151.308(F)(2).

   (F)   Standards for variances.

      (1)   The Board shall not grant a variance unless it makes findings based upon evidence presented to it as follows:

         (a)   The particular physical surroundings, shape or topographic conditions of the specific property involved would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner as distinguished from a mere inconvenience, if strict application of this chapter were carried out;

         (b)   The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same zoning district;

         (c)   The variance will not authorize activities in a zoning district other than those permitted by this chapter;

         (d)   Financial returns only shall not be considered as a basis for granting a variance;

         (e)   The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this chapter;

         (f)   The variance is the minimum variance that will make possible the reasonable use of the land, building or structure;

         (g)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located;

         (h)   The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the area; and

         (i)   The variance shall not interfere with or encroach upon a recorded public or private easement unless a written waiver has been executed by the owner of the public or private easement allowing the interference or encroachment.

      (2)   Sign-related variances shall be reviewed according to the standards listed in § 151.309(F)(1).

   (G)   Nonconformity does not constitute grounds for granting of a variance. Under no circumstances shall nonconforming uses of neighboring lands, structures or buildings in the same district, nor permitted or nonconforming use of lands, structures or buildings in other districts be considered as the basis upon which a variance is granted by the Board.

   (H)   Prohibition of use variances and exceptions to permitted and conditional uses. Under no circumstances shall the Board of Zoning Appeals grant a variance or conditional use (for example, special exception) to allow a use not permissible under the terms of this chapter in the zoning district involved, or any use expressly or by implication prohibited by the terms of this chapter in the zoning district.

   (I)   Conditions and restrictions by the Board. The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions of this section to reduce or minimize the injurious effect of such variation upon surrounding property and better carry out the general intent of this subchapter. The Board may establish expiration dates as a condition or as a part of the variance(s) granted.

   (J)   Appeal of decision of Administrative Official. In exercising its powers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm or modify, wholly or partially, the order, requirement, decision or determination before it.

   (K)   Appeal of decision of Board of Zoning Appeals. Any person, including any agency of the Town government, aggrieved by a decision of the Board of Zoning Appeals may appeal by certiorari to a court of competent jurisdiction. The judgment and findings of the Board on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review only for illegality or want of jurisdiction.

   (L)   Limitation on reapplications. If the Board of Zoning Appeals denies an application for a variance, a reapplication pertaining to the same property and requesting the same variance may not be filed within one year of the date the Board of Zoning Appeals took final action on the previous application, unless the Department of Development Services initiates such reapplication or unless the Board of Mayor and Aldermen authorizes such reapplication.

(`00 Code, § 11-1005) (Ord. passed 5- -02; Am. Ord. 2004-12, passed 7-26-04; Am. Ord. 2010-01, passed 8-23-10; Am. Ord. 2017-19, passed 10-23-17; Am. Ord. 2019-05, passed 5-13-19)

   (A)   Authority. The Board of Mayor and Aldermen, with a recommendation from the Planning Commission, may hear and decide, in accordance with the provisions of this chapter, requests for conditional use permits. For the purpose of administration of this chapter, conditional uses shall be construed as synonymous with special exceptions, as such later term is used in Tenn. Code Ann. §§ 13-7-206 and 13-7-207.

   (C)   Application for conditional use permit; submission deadline and fee. A written application for a conditional use permit shall be filed along with payment of an application fee as prescribed in Resolution 98-28 (as amended) with the Planning Commission and Board of Mayor and Aldermen by the property owner or his or her designated agent on a form provided by the Town Planner. The application shall contain information and exhibits as may be required. An incomplete application or an application that fails to meet minimum submittal requirements shall be returned to the applicant by the Town and shall include a written statement enumerating the deficiency(ies) in the application. The completed application or any proposed supplement thereto shall be submitted in compliance with the then existing required deadlines as set periodically by the Development Director.

   (D)   Denial of a conditional use permit. The Board of Mayor and Aldermen, with a recommendation from the Planning Commission, may deny a conditional use permit where it is shown that approval does not conform with the grounds for issuance of a conditional use permit contained in § 151.310. If the Board of Mayor and Aldermen, with a recommendation from the Planning Commission, denies an application for a conditional use permit, a reapplication pertaining to the same property and requesting the same conditional use permit may not be filed within one year of the date the Mayor and Aldermen took final action on the previous application, unless the Department of Development Services initiates such reapplication or unless the Board of Mayor and Aldermen authorizes such reapplication.

      (1)   No condition shall be less restrictive than the standards of the zoning district.

      (2)   No condition shall be made part of the application, or shall be attached to approval of the conditional use, which specifies the ownership status, race, religion, or character of the occupants of housing units, the minimum value of improvements or any other exclusionary device; or which states that the use of property will not be subject to regulations.

      (3)   If the Board places additional conditions upon a conditional use permit, it shall indicate the specific provisions from § 151.021 and § 151.024 upon which the condition is based and shall state its findings beyond such generalities as in the interest of public health, safety and general welfare.

   (J)   Appeal of decision of Board of Mayor and Aldermen on conditional use permit. Any person aggrieved by a decision of the Board of Mayor and Aldermen relative to a conditional use permit may appeal by certiorari to a court to competent jurisdiction. The judgment and findings of the Board of Mayor and Aldermen on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review only for illegality or want of jurisdiction.

(`00 Code, § 11-1006) (Ord. 2004-12, passed 7-26-04; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2012-02, passed 4-9-12; Am. Ord. 2015-07, passed 9-28-15)

      (1)   All new buildings and building additions.

      (2)   All manufactured buildings to be moved to a parcel except prefabricated accessory structures placed on single-family residential parcels or lots in residential zones.

      (3)   Site alterations, including the construction of driveways, loading areas and parking areas, with the exception of single family residences.

      (1)   Individual single-family detached dwellings and their accessory structures.

      (2)   The internal construction or change in floor area of a development that does not increase gross floor area, increase the intensity of use, or affect parking requirements on a site that meets all development and site design standards of the ordinance codified herein.

      (3)   Temporary uses.

      (4)   Subdivisions.

      (5)   Townhouses, where each individual housing unit is located on a single, platted lot in an approved subdivision.

      (1)   Site plans require different levels of approval depending on the intensity and type of project. Table I shows the level of approval required for the two types of site plans, classified as Tier 1 (Minor Site Plans) or Tier 2 (Major Site Plans).

 

 

      (2)   Deviations from the Tier 1 (Minor Site Plan general classification) to the Tier 2 (Major Site Plan general classification) may be made for:

         (a)   Plans for projects located in direct proximity to residential neighborhoods and in proximity to public parks and facilities where there is potential that the project could have adverse impacts on neighborhood traffic flow, public safety, aesthetics, noise, odor, waste, or other factors that could be detrimental to a residential area or public facility, provided that the potential impacts have not already been vetted through a variance or similar case in which the neighborhood has had an opportunity to review and comment on the issue in a public forum;

         (b)   Plans for projects that are located on or near environmentally sensitive areas, or those that have the potential to have an adverse impact on natural resources;

         (c)   Plans for projects that are located on or near areas in which there is a known potential for the presence of historical resources; or

         (d)   Plans for projects that are located within the downtown area or historic district.

      (3)   Deviations from the Tier 2 (Major Site Plan) general classification to the Tier 1 (Minor Site Plan) general classification may be made for:

         (a)   Plans for projects located within the boundaries of a planned development which has been approved or amended within the past three years;

         (b)   Plans for projects that are located in commercial or an industrial area where there is minimal potential for neighborhood impacts; or

         (c)   Plans for projects using PILOTs (payment in lieu of taxes), state or federal grants, or similar economic development tools.

      (1)   For Tier 1 site plans, an applicant may appeal the Development Director’s decision, or the conditions imposed by the Development Director, to the Planning Commission by filing a written notice of appeal to the Development Director within 30 days of the Development Director’s decision. The Development Director shall schedule the appeal on the next available Planning Commission agenda.

      (2)   For Tier 2 site plans, an applicant may appeal the recommendation or the conditions imposed by the HDC DRC, or PC, to the BMA (as applicable) by filing a written notice of appeal to the Board of Mayor and Aldermen within 30 days of the decision by the applicable entity. The Development Director shall schedule the appeal on the next available meeting of the Board of Mayor and Aldermen.

      (1)   Tier 1 or minor site plans as referenced in Table 1 shall be processed administratively through town staff and consists of a one step process (a final site plan).

      (2)   The site plan shall contain the information in accordance with the site plan review requirements in division (Q). The site plan review will be reviewed internally by the DRT and ultimately approved by the Development Director.

      (3)   With the final submission of a revised site plan, the applicant shall apply for a development agreement with the Engineering Division. Upon approval of the site plan, the Development Director shall place the development agreement on the next available BMA agenda for approval.

      (4)   Notice of minor site plans shall be posted on the town’s website and in the newspaper.

      (1)   Tier 2 or major site plans as referenced in Table I shall be processed formally through the HDC (as applicable) the DRC, PC, and the BMA, and consist of a two-step process (a preliminary site plan and a final site plan).

      (2)   The preliminary site plan shall contain the information in accordance with the site plan review requirements in division (Q). The preliminary site plan will be reviewed by the HDC (as applicable), PC, DRC, and BMA.

      (3)   After the preliminary site plan is approved by the BMA, the applicant shall revise the site plan in accordance with conditions of approval imposed through the review process. Upon completion of those revisions, the applicant shall submit a final site plan to the Planning Division which will be reviewed internally by the DRT and ultimately approved by the Development Director provided that it does not substantially deviate from the preliminary site plan. Should the final plan deviate substantially from the preliminary site plan, the site plan will be forwarded to the PC for review. For the purpose of this section, non-substantial deviations shall include minor shifts in building footprint locations, parking lot aisles, spaces, and landscaping islands, minor changes to pond designs, and minor changes to building facades or signage; all of which are expected as the project moves into construction ready civil or architectural drawings. During the review of the final site plan, the applicant shall apply for a development agreement with the Engineering Division. Upon approval of the final site plan, the Development Director shall place the development agreement on the next available BMA agenda for approval.

         (a)   Unless waived, the applicant shall supply preliminary information in a form established by the DRT. Such information shall be submitted at least three business days prior to the pre-application conference.

         (b)   The purpose of the pre-application meeting shall be to review the draft site plan with the DRT to identify any initial conflicts between the draft site plan and town codes.

         (a)   The applicant shall submit an application containing the information in accordance with the site plan review requirements in division (Q). The application shall be made within 120 days of the pre-application meeting conference (step 1), if applicable.

         (a)   The Planning Division shall schedule a meeting of the DRT to review the site plan application pursuant to the standards in this subsection and the schedules maintained by the Planning Division.

         (b)   The HDC shall act on any necessary certificate of appropriateness prior to the final decision on a site plan if located in the Historic District.

         (c)   The Planning Division shall transmit, in writing, all comments and recommendations from the DRT to the applicant.

         (d)   From the date of receipt of the DRT comments, the applicant shall have until the deadline established by the Planning Division to address the comments and submit a revised site plan.

         (a)   For site plan applications that are decided by the Development Director, upon submittal of a revised site plan, the Planning Division in conjunction with the DRT shall prepare a final review, and make a decision to approve, approve with conditions, or disapprove the site plan application in accordance with the ordinance codified herein and state law.

         (b)   For site plan applications decided by the BMA, the HDC (as applicable) PC and DRC shall hold public meetings by the date established by the Planning Division and shall make a recommendation to approve, approve with conditions, or disapprove the site plan application in accordance with the ordinance codified herein and state law.

      (1)   Such an agreement shall be as provided for in the Collierville Subdivision Regulations (and other technical specifications or as modified to conform to a particular development proposal) and shall be approved as to form and content by the Town Attorney.

      (2)   The Development Director shall confirm the developer(s) have the development agreement prior to the development agreement being placed on the BMA agenda, unless the developer(s) disagree with any conditions or terms in the standard development agreement.

      (3)   Development agreements associated with site plans may be executed by the Mayor and need not be placed on the BMA agenda as full BMA authorization is not required except in the following circumstances:

         (a)   The applicant is in disagreement with any conditions or terms in the standard development agreement;

         (b)   Waivers or exceptions from standards where the BMA has the final decision are requested by the developer(s);

         (c)   Fees in lieu of construction are requested;

         (d)   A traffic study beyond daily trip generation was required (e.g. traffic impacts warrant a Level II or III Traffic Impact Study);

         (e)   Parkland is to be dedicated to the Town (after a recommendation from the Parks Advisory Board);

         (f)   Development is proposed within the limits of the floodplain (i.e. floodway or floodway fringe);

         (g)   A residential development of 21 dwellings/lots or greater that is not within a planned development;

         (h)   A nonresidential development of three lots or greater that is not within a planned development;

         (i)   A nonresidential site plan of over 10,000 square feet of new building area that has not received previous preliminary site plan, planned development, or conditional use permit (CUP) approval from the BMA;

         (j)   The BMA has applied a condition to a previous approval (preliminary site plan, planned development, or conditional use permit) stating that a development agreement approved by the BMA is needed; or

         (k)   If, in the opinion of the Development Director, the development could potentially cause an adverse change in the internal function of the site or create an adverse off-site impact.

      (4)   The development agreement may also include provisions relevant to any required private improvements given consideration as part of the approval of the site plan, including such surety as may be required to guarantee such improvements are installed accordingly.

      (5)   All development agreements shall cover 100% of the required public improvements by the developer(s) and shall include any and all fees associated with the development project as well as a surety such as an irrevocable letter of credit or a cashier's check for such improvements.

      (6)   After the Development Director confirms that the final site plan meets the Town's regulations, guidelines, and any conditions of preliminary site plan approval, the Mayor may execute the development agreement between the Town and the applicant. The date of the Mayor's execution of the development agreement begins the two-year time period that both the development agreement and the final site plan remain valid. The applicant shall commence construction on the subject property within two years of the Mayor's execution of the development agreement. Failure of the applicant to commence construction within the prescribed two-year period shall nullify and void both the site plan and the development agreement. In the event the approval of the development agreement expires, the applicant may reapply in writing to the mayor or BMA, as appropriate, for an extension of both the development agreement and site plan for approval of the site plan and development agreement.

   (N)   Effective period of final site plan approval. A final site plan (minor) shall expire after three years from approval of the development agreement, or approval by the Development Director if a development agreement is not required, if the applicant has not commenced construction as defined in § 151.313. A final site plan (major) shall expire five years from the BMA’s approval of the preliminary site plan if the applicant has not commenced construction as defined in § 151.313.

      (1)   That the proposed development is consistent with all the requirements of the zoning ordinance, design guidelines and other related codes and ordinances enforced by the town; and

      (2)   That the proposed development is in compliance with the applicable base district and overlay districts; and

      (3)   That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g., outline plan, or modification of development standards as permitted and approved within a planned development).

(Ord. 2009-12, passed 10-26-09; Am. Ord. 2012-02, passed 4-9-12; Am. Ord. 2017-18, passed 10-23-17; Am. Ord. 2023-09, passed 5-13-24)

   (A)   General. The regulations, restrictions, boundaries and provisions set forth in this chapter may, upon proper application by the property owner or its designated representative or by an appropriate governmental agency, board or commission, or the Board of Mayor and Aldermen, be amended, supplemented, revised or repealed from time to time as conditions warrant, as herein set forth.

   (B)   Initiation of amendment. Amendments may be initiated by the Board, the Planning Commission or by an application of one or more owners of property affected by the proposed amendment.

   (C)   Application for amendment; fee.

      (1)   The application for amendment may be made separately by the property owner or his or her designated agent filed in writing on forms provided by the Town along with payment of an application fee as prescribed in Resolution 98-28 (as amended) and shall contain information and exhibits as outlined on the application form and as may be necessary in accordance with this chapter.

      (2)   Failure to provide the minimum information enumerated above shall constitute grounds for disapproval of the proposed amendment to the Zoning Ordinance.

      (3)   The completed application shall be submitted in compliance with the then existing deadlines as set periodically by the Town. The applicant shall not be permitted to submit revisions to the proposed text or map amendment or provide supplemental information in support of the application less than 30 days prior to the scheduled meeting of the Planning Commission.

   (D)   Review and recommendation of the Planning Commission. The Planning Commission shall review and make a recommendation to the Board of Mayor and Aldermen on all proposed amendments to this chapter. No change in or departure from the text or maps as certified by the Planning Commission shall be made, unless such change or departure is first submitted to the Planning Commission for a recommendation of approval and, if recommended for disapproval by the Planning Commission, receive the favorable vote of a majority of the entire membership of the Board of Mayor and Aldermen.

   (E)   Grounds for an amendment. The Planning Commission in its review and recommendation to the Board of Mayor and Aldermen and the Board in its deliberations shall make specific findings with regard to the following grounds for an amendment and shall note the same in the official record as follows:

      (1)   The amendment is in agreement with the Comprehensive Plan and Land Use Plan for the Town (subject to subsection (4) below);

      (2)   It has been determined that the legal purposes for which zoning exists are not contravened;

      (3)   The proposed amendment shall be consistent with the intent and purposes of this chapter;

      (4)   If not in conformance with the adopted Comprehensive Plan and Land Use Plan, the proposed amendment shall be necessary because of substantially changed or changing conditions in the area and districts affected or in the Town generally;

      (5)   It has been determined that there will not be a material adverse effect upon adjoining property owners unless such adverse effect can be justified by the overwhelming public good and welfare;

      (6)   It has been determined that no one property owner or small group of property owners will benefit materially from the change to the detriment of the general public;

      (7)   It has been determined that public infrastructure (for example, transportation and utilities) are adequate to serve the full range of permitted and conditional uses of the proposed zoning classification.

   (F)   Public hearing and notice of hearing.

      (1)   The Planning Commission during its deliberation shall facilitate public comment concerning any proposed amendment to the Zoning Ordinance. The Development Director or his or her designee shall publish a notice of the meeting at least ten days in advance of a scheduled meeting of the Commission. Written notification shall also be mailed to property owners within 500 feet of the subject parcel at least ten days in advance of the scheduled meeting of the Commission. The notice shall contain, at a minimum, the date, time and location of the meeting and the current and proposed change in zoning and a plot plan of the parcel(s) under consideration.

      (2)   A public hearing shall be held on all proposed amendments to this chapter prior to the final reading by the Board of Mayor and Aldermen. Notice of such hearing shall be displayed as follows:

         (a)   The Development Director or his or her designee shall give notice in a newspaper of general circulation to the Town of Collierville at least 15 days, but no earlier than 30 days, prior to the public hearing. This notice shall specify the date and time and location of the hearing and also the current and proposed zoning classification and a plot plan of the subject parcel(s);

         (b)   At least 15 days prior to the public hearing before the Board, the affected property owners within 500 feet of the parcel(s) under consideration by the Board, including those separated by a public way or corporate limit boundary, shall be notified by mail of the proposed amendment, including the date, time and location of the hearing and also the current and proposed zoning classification and a plot plan of the subject parcel(s).

   (G)   Amendments affecting Official Zoning Map. Upon enactment of an amendment to the Official Zoning Map, which is a part of this chapter, the Town Planner shall cause such amendment to be placed upon the Official Zoning Map noting thereon the ordinance number and effective date of such amendment.

   (H)   Effect of denial of application. Whenever an application for a change in the Official Zoning Map is denied, the application for such change shall not be eligible for reconsideration for one year following such denial, except in the following cases:

      (1)   Upon initiation by a majority of the entire membership of the Board of Mayor and Aldermen;

      (2)   When a new application, although involving all or a portion of the same property, is for a different zoning classification than that for which the original application was made;

      (3)   When the previous application was denied for the reason that the proposed zoning would not conform with the adopted Land Use Plan, and the Land Use Plan has subsequently been amended in a manner which will allow the proposed change in zoning classification.

   (I)   Time limit. All amendments initiated by application filed with the Town shall be reviewed by the Planning Commission within 60 days of the submission of a complete application in conformance with the submittal requirements of this chapter. The recommendation of the Planning Commission shall be forwarded to the Board of Mayor and Aldermen along with the application for consideration within 45 days of action by the Planning Commission.

(`00 Code, § 11-1008) (Ord. 2004-12, passed 7-26-04)

   (A)   Notwithstanding the remaining provisions of Chapter 151 of the Town Code, development projects shall be entitled to vesting provided that they meet the reguirements of the Vested Property Rights Act (“VPRA”), Tenn. Code. Ann. § 13-4-310. The following table sets forth the different categories of Town approval that may trigger vesting, and thus the continued application of the development standards in effect on the date of such approval:

 

 

   (B)   These vesting provisions are based solely on, and are intended to be entirely consistent with, the VPRA. Therefore, to the extent that said statute may be amended or revised in the future, these vesting provisions shall be deemed automatically amended to conform to said statutory amendments or revisions.

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

   (A)   Filing complaint on violations of Zoning Code. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the Building Official during regular business hours. The complaint shall state fully the causes and basis of the complaint, including location, date and time of violation and other specific information to document the nature of the violation. The Building Official shall record properly such complaint, promptly investigate the complaint, make a determination of violation(s) that may exist and take appropriate steps to correct the violation(s) that may exist on the property, including legal action through a court of competent jurisdiction.

   (B)   Penalties. It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in this chapter. Any person, firm, association or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine, together with the costs of such action, up to the maximum limits established by law; and every day of violation shall constitute a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, engineer, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Compliance therewith may also be enforced by injunctive process at the suit of the Town or the owner(s) of real estate within the district affected by the regulation of this chapter.

   (C)   Remedies. In case any building or other structure is proposed to be erected, constructed, reconstructed, altered, extended or converted, or any building or other structure or land is or is proposed to be used in violation of this chapter, the Building Official or other appropriate authority of the Town government or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, extension, conversion or use, to correct or abate such violation or to prevent the occupancy of such building or other structure or land. Where a violation of these regulations exists with respect to a building or other structure or land, the Building Official may, in addition to other remedies, notify all public utilities and municipal service departments of such violation and request that initial or reestablishment of service be withheld therefrom until such time as the building or other structure or premises are no longer in violation of these regulations, and each such utility or department shall comply with such request.

   (D)   Validity. No invalidity of any part of this chapter shall affect the validity of any remaining part, it being declared that all such remaining parts would have been passed irrespective of the validity of any part found to be invalid.

(`00 Code, § 11-1009)