Collierville City Zoning Code

ESTABLISHMENT OF

DISTRICTS

§ 151.020 DISTRICTS ESTABLISHED.

(A) Regular districts. In order to implement all purposes and provisions of the chapter, the land within the corporate limits of the Town of Collierville, Tennessee, are divided into districts designated as follows.

(1) Residential Districts.

(a) R-1: Low Density Residential;

(b) R-1A: Low Density Residential;

(d) R-2A: Medium Density Residential;

(e) R-3: High Density Residential;

(f) R-3A: High Density Residential;

(g) R-4: Multi-Family Residential;

(h) T: Mobile Home Park;

(i) R-TH: Residential Townhouse;

(j) RL: Large Lot Residential;

(k) R-25: Low Density Residential;

(l) R-L1 Large Lot Residential (1 acre minimum);

(m) FAR: Forest-Agricultural Residential.

(2) Commercial Districts.

(a) NC: Neighborhood Commercial;

(b) MPO: Medical-Professional Office;

(d) CB: Central Business;

(e) GC: General Commercial.

(3) Industrial Districts.

(a) RI: Restricted Industrial;

(b) GI: General Industrial.

(B) Special districts. In order to address special problems and circumstances which may exist throughout the Town, the special flood hazard (FH) district is established.

(Ord. passed 5- -02; Am. Ord. 2016-06, passed 6-27-16)

§ 151.021 USES PERMITTED IN EACH ZONING DISTRICT.

(A) Organization of table. The table below organizes the principal uses by use classifications and principal uses.

(1) Use classifications. The use classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., detached residential, institutional, general merchandise). The use classifications then organize land uses and activities into specific principal uses based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Listed principal uses. The table below lists the allowed types of principal uses. If a specific principal use is allowed “by right” in a district, the column underneath the district is marked with either an “X” or a number indexed to any applicable special conditions to the specific principal use found in the footnote to the table below or in § 151.024. If the principal use is not allowed in a district, the column is left blank. If there is a reference contained in a column entitled “CUP”, a conditional use permit is required for the principal use per the procedures outlined in § 151.310.

(3) Unlisted uses. The listing of permitted principal uses in a zoning district is not meant to be all-inclusive, nor is the list of uses that are not permitted intended to be all-inclusive. Uses not specifically listed shall be reviewed by the Town Planner to determine if the proposed use is similar in nature and character to others listed in the zoning district. The North American Industry Classification System manual, as amended, shall serve as a general guideline in making this determination. Based on the determination, the proposed use shall be classified in the same manner as those similar uses listed in terms of it being permitted “by right” or via a conditional use permit (CUP). The Town Planner may also determine that other uses are not permitted on the basis that they are not similar in nature or character to the other uses listed in the zoning district. Determinations by the Town Planner may be appealed to the Board of Zoning Appeals (BZA) in accordance with § 151.308.

(B) Exemptions. The following are exempt from the regulations of § 151.021, as they are regulated by other provisions of the Zoning Ordinance.

(1) Accessory uses.

(2) Temporary uses.

Click here to view the table in PDF

Conventional Zoning Districts

Traditional Zoning Districts

Use Classifications/ Principal Uses

FAR

R-L

R-L1

R-25

R-1

R-1A

R-2

R- 2A

R-3

R-3A

R-4

R-TH

MPO

SCC

Detached Residential Dwellings

Single family detached

(30)

Mobile home park

Attached Residential Dwellings

Two family (duplex)

CUP (31)

(31)

CUP (31)

(31)

CUP (31)

Multiple family

(31)

CUP (31)

(31)

CUP (31)

Townhouses

CUP (31)

(31)

CUP (31)

(31)

CUP (31)

Other Housing

Bed & breakfast homestays

CUP (8)

Boarding house or rooming house

Hotel

Accessory residential (in conjunction with a principal residential use)

CUP (29)

Accessory residential (above a nonresidential use)

(21)

Short-term rental

(13)

Institutional

Adult care center

CUP

Assisted living facility

(18)

Cemetery- mausoleum

CUP (6)

CUP

College, junior college or university (excluding businesses operating as profit-making enterprises)

CUP

Community center

CUP

Continuing Care Retirement Community (CCRC)

(18)

Country club and related golf, tennis or swimming facilities

CUP

Day care center (children only)

CUP

Family day care home (children only)

CUP

Funeral homes

CUP

Golf courses

CUP

Health clinic

Heliports or other aeronautical devices in relation to a hospital

(18)

Hospital

(18)

Independent Living Senior Housing Complex

(18)

Lodge, club

Major mail processing center

CUP

Nursing home

(18)

Observation rehabilitation center

(18)

Park, playground or playfield

Place of public assembly (including places of worship)

CUP (22)

Police or fire station

Post office (excluding major processing center)

Public, parochial & private non-profit museum, art gallery, library or observatory

Schools, public or private, grades K-12

Stables

CUP

Stadium, sports arena, auditorium or bandstand not associated with a school or church

CUP

Utility administrative office

Public Utilities

Alleys

(17 )

Communications installations or exchanges

Electric or gas substations

CUP

Electric transmission lines or major fuel transmission lines

CUP

Electric, communication or telephone dist. lines, poles, transformers or splice boxes

(2)

Gas or electric production or treatment facility

CUP

Radio or television transmission station

CUP

Railroad yard or other equipment marshaling & storage area

CUP

Railroad, bus or transit terminals

CUP

Rights-of-way to all modes of transportation

Service drives

(17 )

Sewer disposal treatment plant

CUP

Small landscaped, scenically significant open areas or natural reserves

Utility corporation or truck yards

CUP

Water production or treatment facility

CUP

Water, storm drainage, sewer or gas distribution lines with incidental appurtenances

(2)

Wireless communication facilities

CUP (10 ) (24 )

CUP (24 )

CUP (10 ) (24 )

Lumber, Hardware, Building Materials

Agricultural equipment, sales or service

CUP

Building materials

CUP (7)

Electrical supplies

Greenhouse or nursery products

CUP

Hardware

Heating or plumbing equipment

CUP

Home improvement center

Lawnmower sales or service

CUP

Lumber yard

CUP

Paint, glass or wallpaper

Welding supplies

General Merchandise

Department store

Variety store

Foods, Drugs, Beverages

Retail bakery

CUP (16 )

Candy, confectionery

Service station

CUP

XUP

CUP

Delicatessen

Drugs or pharmaceuticals

CUP

Farmers market

CUP (32 )

Fruit or vegetable store

Package liquor store

CUP

Supermarket

Auto Dealers & Service Stations

Auto dealership

CUP (26 )

Auto parts (new)

CUP

Auto parts (used)

CUP

Auto rental

CUP

Boat, marine sales

CUP

Car wash not associated with a service station or convenience store

CUP

Mobile home/prefabricat ed home sales

CUP

Motorcycle sales

CUP (9)

CUP

Moving equipment rental store

CUP

Convenience store/service station

CUP

Tire sales and servicing

CUP

Heavy equipment sales & rental

CUP

Apparel & Accessories

Apparel & accessories store

Children’s shop

Shoe store

Furniture & home furnishings

Appliances

Draperies and upholstery

Floor coverings

Furniture

Interior decorating shop

CUP (11 )

Piano & musical instruments

Radio or TV sales, phonographs

Eating & Drinking Places

Dairy bars, ice cream parlor

(14 )

Drive-in restaurants

CUP

Microbrewery

CUP

Restaurants, cafes, cafeterias

CUP (16 )

CUP

(14 )

Taverns, bars

CUP

Tea room

CUP (11 )

CUP (16 )

CUP (11 )

Art, Antiques, Jewelry

Antique store

CUP (11 )

(12 )

CUP (11 )

Art gallery or studio

CUP (11 )

(12 )

CUP (11 )

Arts & crafts store

(12 )

Flowershop, florist

(12 )

Gift shop

(12 )

Glasses & china

(12 )

Jewelry, watches

(12 )

Optical goods

(12 )

General Retail

Books and periodicals

CUP (16 )

Greeting cards and stationary

Salvage clothing, thrift store

Hobby, toys, pets

Aquariums, birds, pet store

Camera shop

Hobby shop

Sporting goods, bicycles

Toys

Finance, Insurance, Real Estate

Banks

(15 )

Insurance carrier

CUP (11 )

Real estate agent

CUP (11 )

Savings & loan

Other finance, insurance or real estate services

CUP (11 )

Personal Services

Barber shop [4]

Beauty shop [4]

Dry cleaning pick-up station

Laundry, dry cleaning equipment

Photography retail store

Pipe & tobacco shop

Self-service laundry

Shoe repair

Tailoring or dressmaking

Professional Services

Accountants

CUP (11 )

Animal hospital and clinic

CUP (25 )

Architects, designers and contractors

CUP (11 )

Artist/photography studio

Attorneys

CUP (11 )

Dentists

CUP (11 )

Engineers

CUP (11 )

Hospital services or supplies

Medical clinic - out patient

CUP (11 )

Office

CUP (11 )

X (19)

CUP (11 )

Optometrists

CUP (11 )

Physicians

CUP (11 )

Planners

CUP (11 )

Veterinarians - animal clinic

CUP

Executive, management or administrative services

CUP (11 )

Recreation & Entertainment

Billiard parlor

CUP

Bowling alley

CUP

Electronic amusement devices, arcade

CUP

Golf driving range

CUP

Health spa

CUP (16 )

Indoor shooting range

CUP

Miniature golf

CUP

Motion picture theater

Roller skating rink

CUP

Business Services

Advertising services

Animal boarding facility

CUP

Central laundry or dry clean services

Clerical services

Consulting service

Custom printing (excluding the printing of books other than small pamphlets or small reports)

Data processing

Detective or protective

Disinfecting or exterminating

Duplicating, mailing or stenographic

CUP

Employment agencies

Equipment rental/leasing

CUP

Freight handling facility

CUP

Metal or wood fencing, ornamental grill work

CUP

Monument sales

CUP

Photofinishing

CUP

Research & development services (private)

CUP

Taxidermy services

CUP (27 )

(27 )

Truck terminal

CUP

Warehousing & storage (including self-storage)

Window cleaning

CUP

Repair Services

Armature rewinding

Auto body repair & paint shop

CUP (1)

CUP(1 )

CUP

Auto repair, garage

CUP

Electrical repair, small appliances

Furniture & large household appliance repair

CUP (5)

Radio, computer & TV repair

Re-upholstery

CUP

Watch, cloth & jewelry repair

Welding shop

Educational Services

Art & music school

CUP

Barber & beauty school

CUP

Business & steno school

CUP

Driving school

CUP

Vocational school

CUP

Other special training & schooling

CUP

Contract Construction Services

Building contractor

CUP (5)

Carpentering & wood flooring

CUP (5)

Electrical construction

Masonry, stonework, tile setting, plastering & concrete

CUP (5)

Plumbing, heating & decorating

CUP (5)

Roofing & sheet metal

CUP (5)

Water well drilling

CUP (5)

Other general construction

CUP (5)

Wholesale Trade

Drug products

CUP

Electrical goods

CUP

Gravel & gravel products

CUP

Groceries & related products

CUP

Hardware, plumbing & cooling equipment & supplies

CUP

Metals

CUP

Paper & paper products

CUP

Apparel & finishing products made from fabrics and similar materials (not to include dying or bleaching)

CUP

Metal finishing limited polishing operations

CUP

Professional, scientific & controlling instruments manufacturing

CUP

Small articles manufacturing such as pens, pencils, plaques & trophies

CUP

Other light manufacturing uses which are similar in character & operation to the above listed uses

CUP

Industrial. Manufacturing, assembly, processing, storage or distribution of:

Book binding

Brewery

Chemicals, drugs & abrasive products

CUP

Electronic components, communications, engineering, scientific & photographic equipment

Electrical machinery & equipment

Fabricated metal products and machinery

Food & beverage products (except animal slaughter, stockyard & rendering)

CUP

Furniture & fixtures

Lumber & wood products

CUP

Leather products (not including tanning)

CUP

Platedware, jewelry, silverware, toys, sporting goods, musical instruments, office & art supplies

CUP

Paperboard containers & boxes

CUP

Printing & publishing

CUP

Rubber & plastic products (except rubber manufacture)

CUP

Sign manufacturer

CUP

Stone, clay, glass & related mineral products, mortar, plaster, paving materials

CUP

Textile & apparel products

CUP

Tobacco products

CUP

Miscellaneous Services

Essential services

Sexually oriented business

CUP (23 )

Undeveloped and Vacant

Agriculture and forestry

Erosion & sedimentation control measures, facilities & districts

Flood proofing & flood hazard reduction structures

Open water, including ponds, lakes, reservoirs, streams & water ways (all man made)

CUP

Yard areas, greenbelt, open spaces, wildlife habitat refuge, hiking, nature & bike trails & related uses

X - Permitted by right CUP - Conditional use permit is required for the principal use per the procedures outlined in § 151.310

FOOTNOTES AND CONDITIONS:

1 This use is limited to:

(a) An accessory use related to an automobile dealership; or

(b) In the GC District, a stand-alone auto body repair and paint shops may be permitted as a conditional use with additional special conditions and specific standards established in § 151.024.

2 But not including electric transmission lines and major fuel transmission lines.

3 In the GI District, no exterior storage, display, or activity, except for customer parking and signage, is allowed.

4 Beauty or barber shops as home occupations are only permitted in the areas as regulated by § 151.025(D) and if a conditional use permit (CUP) is approved for the location.

5 All merchandise and equipment shall be stored or displayed within a completely enclosed building unless specifically authorized by § 151.025.

6 Not in conjunction with a place of worship.

7 All building materials must be stored in an enclosed structure or in a screened pursuant to § 151.025.

8 Bed and breakfast homestay uses are not considered customary home occupations as regulated by § 151.025; however, special conditions and specific standards are still applicable to this use as established in § 151.024.

9 All merchandise and motorcycle equipment shall either be displayed within a completely enclosed building or outdoors pursuant to § 151.025. No test-driving of motorcycles shall be permitted under any circumstances.

10 Within residential zone districts, support structures and associated appurtenances shall be restricted to municipal owned and/or leased properties, public/private utility owned properties, properties with a primary use that is institutional, or properties with a primary use as a landfill. Within institutional use or landfill use properties, support structures and associated appurtenances shall be restricted to self-supporting stealth design or camouflaged alternative designs that are mounted on or concealed within the principal structure subject to all requirements as provided in § 151.024(G). Within residential zone districts, attached antenna arrays may be permitted on previously approved institutional structures, municipal owned structures, public/private utility owned towers, and existing support structures, subject to all requirements as provided in § 151.024(G). Antennas on existing towers and structures may be approved administratively as provided in § 151.024(G)(6).

11 Within the TN or R-1 Zoning Districts, this use is only appropriate within Special Area 1 of the Downtown Collierville Small Area Plan. Although new contextual construction is possible, the primary purposing of allowing limited nonresidential uses in residential areas is to promote the adaptive reuse of existing historic structures and to buffer adjacent residential neighborhoods from more intensive nonresidential areas.

12 No outdoor display except as expressly permitted pursuant to § 151.025.

13 The transient occupancy of short-term rentals, as those terms are defined in § 151.003, are prohibited in each Zoning District noted above, including FAR, R-L, R-L1, R-25, R-1, R-1A, R-2, R-3, R-3A, R-4, R-TH, T, MPO, SCC, GC, RI, GI, CB, NC, MU, and TN.

14 No drive-through permitted.

15 Limited to ATM facilities located within a primary structure.

16 In the MPO District, no exterior activity is allowed and accessory uses cannot be a free-standing building.

17 Alleys and service drives shall be approved through the appropriate site plan or subdivision plat process prior to construction.

18 This use is only permitted for lots within an approved planned development.

19 Office uses in industrial areas are allowed only if adequate off-street parking is provided at a rate of one space per 300 square feet of building area. Because there may be limitations on the ability to discharge waste into the sewer system that could limit this use in industrial areas, prior to a Certificate of Occupancy this use in a RI or GI District, the property owner or tenant must obtain approval from the Public Services Department.

20 Reserved.

21 (a) Mixed use required. Residential uses shall be permitted only when part of a mixed use development (residential and permitted non-residential uses are located within the same structure).

(b) Location of dwelling units. Dwelling units shall be limited to the floor (or floors) above the ground floor. The ground floor, for the purposes hereof, shall mean the first floor or floor level of any structure above or on the same plane as the surface of the sidewalk and shall exclude basements or cellars, the floors of which are below the plane of the surface of the sidewalk. This standard is intended to reserve storefront space at the ground floor for permitted commercial and public/institutional uses.

22 Places of public assembly (including places of worship) in residential zoning districts also have additional special conditions and specific standards established in § 151.024.

23 Sexually oriented businesses also have additional special conditions and specific standards established in § 151.024.

24 Wireless communication facilities also have additional special conditions and specific standards established in § 151.024.

25 Animal hospitals and clinics in MPO Zone Districts also have additional special conditions and specific standards established in § 151.024.

26 Auto dealerships also have additional special conditions and specific standards established in § 151.024.

27 Taxidermy services in GC: General Commercial Districts also have additional special conditions and specific standards established in § 151.024.

28 Reserved.

29 Accessory residential uses (in conjunction with a principal residential use) also have additional special conditions and specific standards established in § 151.024.

30 Single family design standards, reviewed administratively by the Development Department, are applicable in the TN Zoning District per § 151.210.

31 For residential uses, site plan review per § 151.311 is required and design review shall be in accordance with the HDC or DRC Design Guidelines, as applicable.

32 Farmers markets have additional special conditions and specific standards established in § 151.024.

33 Convenience store and service station businesses also have additional special conditions and specific standards in § 151.024(C).

(`00 Code, § 11-302) (Ord. 97-33, passed 10-13-97; Am. Ord. passed 5- -02; Am. Ord. 2002-11, passed 7-2-02; Am. Ord. 2003-15, passed 5-12-03; Am. Ord. 2005-12, passed 12-12-05; Am. Ord. 2006-12, passed 7-10-06; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-01, passed 2-9-09; Am. Ord. 2009-05, passed 6-22-09; 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. 2013-07, passed 7-8-13; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2017-10, passed 7-10-17; Am. Ord. 2018-02, passed 8-14-18; Am. Ord. 2020-08, passed 11-23-20; Am. Ord. 2021-12, passed 10-25-21)

§ 151.022 PROVISIONS FOR OFFICIAL ZONING MAP.

(A) Incorporation of Map. The boundaries of districts established by this chapter are shown on the Official Zoning Map which is incorporated into the provisions of this chapter. The Zoning Map in its entirety, including all amendments, shall be as much a part of this chapter as if fully set forth and described herein.

(B) Identification and alteration of the Official Zoning Map.

(1) The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Town Clerk and bearing the seal of the Town under the following words: “This is to certify that this is the Official Zoning Map referred to in § 151.023 of the Code of Collierville, Tennessee.”.

(2) If, in accordance with the provisions of this chapter and Tenn. Code Ann. § 13-7-204, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Mayor and Aldermen. A statement shall be included, “By official action of the Board of Mayor and Aldermen, the following change(s) was made in the Official Zoning Map; (brief description of nature of change),” which entry shall be signed by the Mayor and attested by the Town Clerk.

(3) No amendment to this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on the Map.

(4) No changes of any nature shall be made in the Official Zoning Map or matters shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter.

(5) Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Building Official shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Town.

(1) In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Mayor and Aldermen may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting and other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the Town Clerk and bearing the seal of the Town under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance Number of the Town of Collierville, Tennessee.”

(2) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(`00 Code, § 11-303)

§ 151.023 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.

When uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the following shall apply:

(A) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines;

(B) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(D) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(E) Boundaries indicated as following shore lines shall be construed to follow such shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines;

(F) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of map;

(G) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by divisions (A) through (F) above, the Board of Appeals shall interpret the district boundaries;

(H) Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Board of Appeals may permit the extension of the regulations for either portion of the lot not to exceed 500 feet beyond the district line into the remaining portion of the lot.

(`00 Code, § 11-304)

§ 151.024 SPECIFIC PROVISIONS FOR CONDITIONAL USES.

(A) Conditional use permit criteria. Conditional use permits shall be considered based on the following criteria and finding of fact as to whether the proposed use:

(1) Conforms to all applicable provisions of the zoning district in which it is to be located, unless modified as part of the conditional use application per § 151.310.

(2) Conforms to the Footnotes of § 151.021 and the Specific Provisions for Conditional Uses as set forth in § 151.024.

(3) Is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located.

(4) Is generally consistent with the policies of the Collierville Land Use Plan for the parcel or surrounding neighborhood, including any applicable small area plans;

(5) Will not adversely affect a known archaeological, environmental, historical or cultural resource; and

(6) Will be adequately served by public facilities and services intended to serve the subject property, including but not limited to roadways, transit service, parks and recreational facilities, police and fire protection, hospitals and medical services, schools, storm water drainage systems, water supplies, and wastewater and refuse disposal.

(B) Special conditions and specific standards for auto body repair and paint shop uses. Stand-alone auto body repair uses in GC Districts are subject to the following supplemental provisions:

(1) With the exception of the screened storage of vehicles, activities and the storage or materials and goods shall take place within an enclosed structure;

(2) The use shall not generate noise, odors, dust, or vibrations that can be detected from the closest public right-of-way or residential property;

(3) Vehicle service bays and areas used for the outdoor storage or vehicles in need of repair shall be screened from view from:

(a) Public streets by a site design that orients the bays away from the area to be screened; and

(b) Adjacent properties and public streets through an eight foot high masonry screen wall or wooden fence shall be constructed to screen the vehicle bays/outdoor storage area from the area to be screened. The wall and landscaping shall be designed as follows:

1. The wall or fence shall have columns approximately 50 feet on-center or less.

2. Within eight feet of the exterior of the screen wall or fence the following shall be provided:

a. A single row evergreen trees shall be provided and spaced at a distance to create a completely opaque screen upon maturity.

b. Evergreen or deciduous shrubs with a height of at least 30 inches at installation shall be planted no farther than five feet on-center.

(c) Exiting vegetation may be used to meet the intent of this provision if the applicant can demonstrate a comparable level of opacity.

(1) The purpose of this division is to establish guidelines for the siting, design, and operation of convenience stores and service stations. Due to the potential impact these facilities have on surrounding properties, this land use is subject to the following supplemental provisions:

(a) No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed by the customer in conjunction with the sale of gasoline.

(b) There shall be no outside storage or display of accessories or portable signs when gasoline service station facilities are not open for business.

(d) The hours of operation shall be as follows:

1. Convenience store: 5:00 a.m. - 12:00 a.m., midnight;

2. Sale of alcoholic beverages: Hours as determined by the Town of Collierville Beer Board;

3. Drive-through carwash: 7:00 a.m. - 10:00 p.m;

4. Service station: 5:00 a.m. - 12:00 a.m., midnight.

(e) The following requirements shall apply to the sale of beer and wine from the convenience store covered by this conditional use permit. Additional requirements may be made by the Town of Collierville Beer Board:

1. Alcohol sales are limited to beer and wine only.

2. Beer and wine cannot be displayed within five feet of the cash register or front door unless they are stored in a permanently located cooler.

3. No advertisements of alcoholic beverages may be displayed at the fuel islands.

4. Beer and wine may not be displayed from an open ice tub.

5. No self-illuminating advertising of beer and wine is allowed on windows or doors at any time.

6. The applicants shall maintain a clear line of sight from the cash registers to the shelves storing the beer and wine products; and

7. The applicants shall provide on-going training programs to the convenience market operators on identifying and then dealing with inebriated drivers wanting to purchase beer and wine from the convenience store.

(f) Provides safe and efficient public access, circulation, and parking, including bicycle and pedestrian accommodations where appropriate.

(g) The proposed use will not create an overconcentration of convenience stores in the vicinity. In any case they shall be a minimum of 1,320 feet (one-quarter mile) apart, as measured from nearest property line to nearest property line.

(2) Siting considerations. All convenience stores and service stations are subject to the following siting policies:

(a) The primary building shall be designed to incorporate anti-"smash and grab" elements to discourage theft and robbery.

(b) The lot or parcel shall have a minimum frontage of 250 feet on a public road classified as a major collector road, or higher classification, as identified by the Collierville Major Road Plan.

(c) The lot or parcel shall be limited to one ingress/egress access point per public road frontage. The Town reserves the right to require the access to be an indirect access or shared access depending on site location.

(d) The lot or parcel shall not be adjacent to or within 1,000 feet of an existing single family residential neighborhood or development.

(e) All vacuum and air supply equipment shall be screened from adjacent properties and public rights-of-way with materials designed to match the building.

(f) All dumpsters and HVAC systems shall be screened from adjacent properties and public rights-of-way with materials and designed to match the building.

(g) The fuel pump area shall not interfere with the parking spaces or internal circulation of the site. In developments or buildings with multiple uses, the fuel pump area shall be separated from the parking and internal circulation of other uses.

(3) Canopies shall meet the following requirements:

(a) Canopies shall be setback at least 15 feet from any property line and right-of-way line and 50 feet from abutting residentially zoned properties.

(b) Canopies shall have a maximum height of 15 feet, measured from the site's average finished grade to the underside of the canopy. For sloped canopies, this 15-foot maximum can be measured from the site's average finished grade to the average distance between the eaves and ridge level.

(c) Lighting for canopies shall be recessed so that the bottom of the lighting fixture is flush with the underside of the canopy, using a full cutoff flat lens luminaire.

(d) Canopies shall be designed to be architecturally compatible with main structure on site and structures in the surrounding area regarding color and building materials.

(4) Merchandise and deliveries.

(a) All merchandise shall be kept entirely within the convenience store. There shall be no outdoor display, vending, or storage on the outside of the building, other than a screened propane enclosure. The screened propane enclosure shall not be visible from the street.

(b) All delivery and unloading of merchandise and fuel shall take place on the subject property. At no time shall delivery vehicles be parked on public streets, private roads, alleys, or adjacent properties for purposes of unloading merchandise or delivering fuel.

(c) Deliveries for the convenience store shall take place between 8:00 a.m. and 6:00 p.m. The business operator/responsible party shall ensure that deliveries occur during off-peak hours and delivery vehicles are parked in parking stalls, to the extent possible, and do not block driveways or circulation around the site.

(5) Signs and other limitations.

(a) The applicant/operator shall post signs around the store which prohibits loitering on the site. Said signs shall be subject to the review and approval by the Collierville Planning Division prior to installation.

(b) All signs shall comply with § 151.170, the Town's Sign Regulations.

(c) Fuel pricing signs shall be displayed. The location of these signs shall be subject to the review and approval by the Collierville Planning Division prior to installation.

(d) At no time shall balloons, banners, festoons, pennants, or other attention-getting devices be utilized on the site.

(e) No outdoor music or television viewing is permitted.

(f) No motor vehicle rental or sale operations shall be permitted.

(g) No trailer rental or sale operations shall be permitted.

(D) Reserved.

(E) Reserved.

(F) Special conditions and specific standards for Places of Public Assembly (including places of worship) in residential zoning districts. Uses, structures, and sites for Places of Public Assembly (including places of worship) within residential districts shall be:

(1) Prohibited on residentially-zoned lots of less than two acres; however, no minimum lot size shall apply where the use is part of a Planned Unit Development where the use was specifically approved on the approved outline plan, or other regulating document.

(2) Designed to respect residential character by reflecting similar design elements of the surrounding residential uses including:

(a) Height of structures, excluding steeples and other exempt structures;

(b) Rooflines;

(d) Setbacks;

(e) Lighting;

(f) Noise; and

(g) Thirty percent green space for properties located outside of the Historic District and inside the Historic District, the minimum green space shall be determined by the HDC on the context of the site and neighborhood.

(3) Located on the parcel or site which fronts a thoroughfare or collector roadway; and

(4) Any subsequent principal or accessory use associated with an existing Place of Public Assembly (including places of worship) that would increase the intensity of the facility shall also be required to obtain a conditional use permit. For the purposes of this section, increases in intensity shall be measured as increases in vehicular trips generated and/or increases in impervious surface.

(G) Special conditions and specific standards for wireless communications facilities.

(1) Purpose. The purpose of this division is to establish guidelines for the siting, design and operation of wireless communications facilities (WCF). Due to the unique characteristics or potential impacts of these facilities on surrounding property, WCF require individual consideration of their design, appearance, and/or configuration at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the facility is appropriate at a particular location.

(2) Goals. The goals of this division are to:

(a) Establish clear and objective standards for the placement, design, and continuing maintenance of WCF;

(b) Promote the availability of universal wireless communications to all town residents, businesses, and visitors;

(d) Encourage the design of WCF to be as aesthetically and architecturally compatible as possible with the surrounding natural and built environments;

(e) Encourage co-location of WCF on existing support structures to minimize the number of new facilities required;

(f) Encourage users of antennas to locate them, to the extent possible, on existing structures, such as lighting towers, power transmission line towers, water towers, or buildings, and encourage users of towers to locate them, to the extent possible, in nonresidential areas where the adverse impact on the community is reduced;

(g) When it is determined by substantial data that no alternate location of a tower is possible other than in a residential area, require that an applicant employ alternate tower (sometimes referred to as “stealth design”) designs or locations, such as modified clock towers, church spires, flag poles or building modifications;

(h) Comply with applicable federal and state rules and regulations as to accommodate the provision of a broad range of wireless communications in a safe, effective, and efficient manner; and

(i) Ensure that regulations do not constitute a barrier to entry and apply to wireless communications providers on a competitively neutral basis.

(3) Site selection policies. In order to accomplish the above goals and to protect and promote the public health, safety and welfare, the town will use the following order of preference in siting wireless communications antennas and towers:

(a) Within any district, sites should be located in the following order of preference:

1. Co-location of antennas on, or replacement of, existing towers and, in the process, adding additional co-locaters to the tower.

2. On existing structures such as buildings, power transmission line towers, communications towers, water towers, and athletic or street light standards.

3. Using stealth designs involving mounting antennas within existing buildings or structures in the form of bell towers, clock towers, or other architectural modification of buildings provided that such installation preserves the character and integrity of those structures, or by mounting antennas on artificial trees.

4. In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

(b) Certain types of WCF are more appropriate in some districts than others. The provisions contained in §§ 151.021 and 151.024(G) provide additional information concerning the suitability of districts to accommodate the various types of WCF. In addition to the Uses Permitted Table (§ 151.021), the ordinance codified herein has established a set of uniform standards for visual impact applicable to the various types of facilities and districts.

(c) The policies balance WCF provider and town citizen concerns and are based on the impacts of the different types of wireless communications in relation to the character of land uses found in the town.

(4) General provisions.

(a) New towers and antennas. New towers or antennas shall be subject to these regulations, except as provided in division (b).

(b) Preexisting towers or antennas. Preexisting towers and antennas shall not be required to meet the requirements of this section, other than the requirements of §§ 151.024(G)(5)(f), 151.024(G)(5)(g), and 151.024(G)(10).

(5) General requirements.

(a) Principal or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a non-conforming use or structure.

(b) Inventory of existing sites. An applicant for a tower and/or an antenna shall provide an inventory of its existing towers, antennas, or sites approved for towers or antennas that are within the town, and towers outside of the town which serve areas within the town, as well as within the coverage area of the proposed tower or antenna, whether within the town or outside its jurisdiction, including specific information about the design, height, and location of each tower. The Planning Division may share this information, provided that the Planning Division is not, by sharing such information, in any way representing or warranting that these sites are available or suitable for tower or antenna construction.

(c) Prohibited support structures. Prohibited support structures include guyed, lattice, crows nest and other similar more intrusive structures. Co-location of new WCF antennas on existing lattice tower support structures, or guyed tower support structures is allowed.

(d) Aesthetics. Towers and antennas shall meet the following requirements:

1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color to reduce visual obtrusiveness.

2. The design of the buildings and related structures shall use colors, landscaping, materials, screening, and textures that will blend them into the natural setting and surrounding buildings.

3. If an antenna is installed on a structure other than a tower, then the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e) Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, then the lighting alternatives and design chosen shall cause the least disturbance to surrounding views.

(f) Federal or state requirements. Towers and antennas shall meet or exceed current standards and regulations of the FAA, the Federal Communications Commission (FCC), and any other agency of the federal or state government with the authority to regulate towers and antennas. If those standards and regulations are changed, then the owners of the towers and antennas shall bring them into compliance within the time mandated by the controlling federal or state agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner’s expense.

(g) Building codes and safety standards. To ensure the structural integrity of towers and antennas, owners shall ensure that they are maintained in compliance with standards contained in applicable state and/or local building codes and the applicable standards for towers and antennas that are published by the Electronic Industries Association, as may be revised. If, upon inspection, the tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being given, the owner shall have 30 days to bring such tower or antenna into compliance. Failure to do so shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

(h) Maintenance.

1. Facilities must be maintained. Maintenance shall include, but not be limited to, painting, assurance of structural integrity of towers, antennas, facility perimeter fencing and care of landscaping and any planted vegetative screening.

2. Failure to maintain facility will result in punitive action, which may include fines, removal, and potential demolition.

(i) Measurement. For purposes of measurement, tower and antenna setbacks and separation distances shall be calculated and applied to facilities located in the town, irrespective of municipal, county, and state jurisdictional boundaries.

(j) Franchises. Owners or operators of towers and antennas shall certify that all franchises required by law for constructing or operating a WCF in the town have been obtained and shall file a copy of all required franchises with the town.

(k) Public notice. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all property owners of properties that are located within 1,000 feet of the subject property and to any neighborhood organization registered with the town, in addition to any notice otherwise required by the Zoning Ordinance. The subject property shall include the dimensions of the entire lot, even though an antenna or tower may be located on a smaller leased area within such lot.

(l) Independent consultants. Upon submission of an application for a WCF, the Town Planner may retain independent consultants whose services shall be paid for by the applicant. These consultants shall be qualified professionals in telecommunications engineering, structural engineering, monitoring of electromagnetic fields and such other fields as determined by the Town Planner. The consultant(s) shall work at the Town Planner’s direction and shall provide the Town Planner such reports and assistance, as the Town Planner deems necessary to review an application.

(m) Signs. Signs on towers or antennas shall be prohibited, except for those required by regulatory agencies.

(n) Buildings and support equipment. Buildings and support equipment associated with towers or antennas shall comply with the requirements of § 151.024(G)(8), buildings, cabinets, or equipment storage associated with towers.

(o) Towers in the Historic District (H-1) or on National Register Properties. New towers shall not be permitted within the Historic District (H-1) or on National Register Properties. However, concealed WCF devices meeting the conditions of § 151.024(G)(6), administratively approved uses, may be permitted within the Historic District (H-1) or on National Register Properties.

(6) Administratively approved uses.

(a) The following provisions shall govern the issuance of administrative approvals for towers and antennas:

1. The Development Director may administratively approve the uses listed in this division.

2. Applicants for administrative approval shall apply to the Development Department by providing the information as may be required in accordance with § 151.024(G)(7)(i), application requirements.

3. The Development Department shall review the application for administrative approval and determine if the proposed use complies with § 151.024(G)(5), general requirements; § 151.024(G)(6), administratively approved uses; § 151.024(G)(8), buildings, cabinets, or equipment storage; and § 151.024(G)(9), removal of abandoned towers and antennas.

4. The Development Department shall respond within 30 days after receiving applications by either approving, approving with conditions, or disapproving the application.

5. In order to encourage the use of monopoles, the Development Department may permit the reconstruction of an existing guyed or lattice tower to monopole construction.

6. If an administrative approval is disapproved, then the applicant may file an application for an appeal to the Planning Commission for a recommendation, to be followed by a decision by the Board of Mayor and Aldermen.

(b) The following uses may be approved by the Development Department after conducting an administrative review:

1. Antennas on existing structures. An antenna not attached to a tower may be approved by the Development Department as:

a. An antenna attached to or located within any commercial, industrial, institutional, office, or attached residential structure of eight or more dwelling units, provided that the antenna extends no more than 30 feet above the highest point of the structure, it complies with applicable FAA and FCC regulations, it preserves the character and integrity of the existing structure, and it complies with applicable building codes. If not a concealed device, documentation shall be provided justifying why the antenna cannot be concealed.

b. An antenna incorporated within an existing power transmission line tower provided that the antenna extends no more than 20 feet above the highest point of the existing power transmission line tower structure.

c. An antenna located on an existing light standard, such as athletic field lighting, provided:

i. Antennas, including any mounting device, shall extend no more than 15 feet above the existing height of the structure.

ii. Antennas shall be flush-mounted or otherwise not exceed the existing diameter of the structure at the mounting point for the antennas. No mounted arm antennas are permitted.

iii. Antennas shall be painted to match the color of the structure.

iv. No more than ten antenna(s) shall be located on lighting structures within any single athletic field facility.

2. Antennas on existing structures within public road rights-of-way. With the exception of small wireless facilities, the following standards are specific to the installation of WCF on street lights in public collector or arterial road rights-of-way, excluding traffic signal lights, and power transmission line tower structures:

a. Installation shall not jeopardize the physical integrity of existing structures.

b. Installation is prohibited in rights-of-way designated as a local street(s) or other types of right of way other than designated collector or arterial road rights-of-way.

c. Antennas shall be flush-mounted or otherwise not exceed the existing diameter of the structure at the mounting point for the antennas. No mounted arm antennas are permitted.

d. Antennas mounted on a structure shall not extend beyond the permitted height of the underlying zoning district.

e. Antennas, including any mounting devices, shall extend no more than ten feet above the existing height of the structure.

f. Antennas shall be painted to match the color of the structure.

g. Replacement of the existing structure may be authorized, provided that such replacement is the same diameter as the original structure, that the replacement structure is intended to fully contain antennas and associated equipment, and that the height of the replacement structure is no greater than ten additional feet in height than the original structure.

h. Equipment cabinets shall be placed underground, unless it can be demonstrated that there is a physical obstruction to such placement. Physical obstructions include, but are not limited to, existing underground utilities, and too narrow right-of-way. In those instances, where a physical obstruction is demonstrated by the applicant to exist, the town may allow above-ground mounting of equipment to the structure, however, no at-grade equipment cabinet or equipment in the public road right-of-way, or on private property abutting the structure is permitted. The mounting of equipment to the structures shall conform to the following:

i. The smallest antennas, equipment, and equipment cabinets to satisfy engineering requirements and service objectives shall be utilized.

ii. All cabling, mounting hardware, and equipment shall be painted to match the color of the structure.

i. For the policies and procedures for the placement of small wireless facilities in the public rights-of-way see §§ 117.120 through 117.128 of the Town Code.

3. Antennas on existing towers. Antennas to be attached to an existing tower may be approved by the Development Department and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

a. A tower that is modified or reconstructed to accommodate the collocation of additional antennas shall be of the same tower type as the existing tower, unless the Development Department permits reconstruction as a monopole, or otherwise determines that a different tower type would enhance collocation possibilities.

b. A tower that is being rebuilt to accommodate the collocation of an additional antenna may be moved within 50 feet of its existing location, or elsewhere on the site, in the reasonable discretion of the Development Department. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The relocation of a tower shall in no way be deemed to cause a violation of § 151.024(G)(7)(f).

4. Cable micro-cell network. The installation of a cable micro-cell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(7) Towers subject to conditional use permit review.

(a) General. The following provisions shall govern the approval of conditional use permits for towers or antennas approved by the Board of Mayor and Aldermen:

1. Except for WCF approved administratively in accordance with § 151.024(G)(6), all other towers or antennas shall obtain conditional use permit approval.

2. Applications for conditional use permit approval under this division shall be subject to the procedures and requirements of § 151.310, Conditional Use Permits, except as modified in this section.

3. In granting conditional use permit approval, the Board of Mayor and Aldermen may impose conditions necessary to minimize adverse effects of proposed towers or antennas on adjoining properties.

4. Submitted information of an engineering nature, whether civil, electrical, or mechanical, shall be certified by a licensed professional engineer under the guidelines of the State of Tennessee for such certifications.

5. Pre-application conference required. Before submitting an application for conditional use permit approval, the applicant shall schedule a pre-application conference with the Town Planner or designee to discuss the procedures and standards required for approval in accordance with this section.

6. Balloon test.

a. The Town Planner may require the applicant to fly a four-foot diameter brightly colored balloon at the location and maximum elevation of any proposed tower. If a balloon test is required, the town shall advertise the date, time, and location of this balloon test at least 15 days in advance of the test in a newspaper with a general circulation in the town. The Town Planner shall also inform the Planning Commission, Design Review Commission, and Board of Mayor and Aldermen, in writing, of the date, time and location, in advance of the test.

b. The balloon shall be flown for at least eight consecutive daylight hours on two days. If visibility and weather conditions are inadequate for observers to be able to clearly see the balloon test, further tests may be required by the Town Planner.

(b) Factors considered in granting conditional use permit approval for towers. The Board of Mayor and Aldermen shall consider the following factors in approving applications for towers and antennas and may attach conditions consistent with these factors:

1. Tower or antenna height;

2. Proximity of the tower or antenna to residential structures and residential district boundaries;

3. Nature of uses on adjacent and nearby properties;

4. Surrounding topography;

5. Surrounding tree coverage and foliage;

6. Tower or antenna design, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7. Proposed ingress and egress;

8. The number of co-location commitments for the proposed tower; and

9. Availability of suitable existing towers, other structures, or alternative technologies not requiring the construction of new towers or structures.

(c) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates, to the reasonable satisfaction of the town, that no existing tower, structure, or alternative technology not requiring the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the town related to the availability of suitable existing towers, other structures, or alternative technology. Evidence, signed and sealed by appropriate licensed professionals, shall be submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the proposed antenna shall include at least one of the following:

1. No existing tower or structure is located within the geographic area that meets the applicant’s engineering requirements;

2. Existing towers or structures are of insufficient height to meet the applicant’s engineering requirements, or they have insufficient structural strength to support the applicant’s proposed antenna and related equipment;

3. The applicant’s proposed antenna would cause significant electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause significant interference with the applicant’s proposed antenna;

4. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure, or to adapt an existing tower or structure for sharing, are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;

5. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; or

6. The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(d) Setbacks. Towers shall be located so that there is sufficient radius of land around the tower so that its collapse will be contained on the property where located. A professional engineer licensed under the guidelines of the State of Tennessee shall sign and certify technical documentation concerning the tower fall radius. Accessory buildings shall satisfy minimum setback requirements of the applicable base district.

(e) Maximum tower height by zoning district. The following maximum height requirements shall apply to all towers and antennas, except alternate design (“stealth design”) towers when the latter towers are installed within or on a building or structure (See Footnote 1).

MAXIMUM TOWER HEIGHT BY ZONING DISTRICT
Zoning District Category	Maximum Tower Height [1] [4]
All residential districts [2] [3]	100 feet
All commercial and industrial districts [3]	150 feet
Notes: [1] Maximum height shall be measured from finished grade of base to highest point of the tower, including antenna and/or lightning rod, and shall not exceed FAA regulations; alternate design (“stealth design”) facilities are excluded from these height regulations when sited within an existing building or structure and do not increase the height of the applicable building or structure by more than 20 feet. [2] Includes FAR: Forest-Agricultural Districts [3] Towers may be permitted in some residential districts. See § 151.025 and § 117.120 for additional regulations. Properties with a residential base district with an established institutional use (per § 151.021), or within a Planned Development (PD) Overlay that has an outline plan that allows for nonresidential uses for the subject property, shall be considered commercial properties for determining the maximum tower height. [4] Ancillary appurtenances, such as lightning rods, shall not be calculated towards the maximum tower height if six feet tall or less.

(f) Separation. The following separation requirements shall apply to towers for which a conditional use permit is required:

1. Tower separation shall be measured from the base of the tower to the lot line of off-site uses or designated areas as specified in the table below (“Separation Distances Between Towers And Off-Site Uses”). Separation requirements shall comply with the minimum standards established in the table below (“Separation Distances Between Towers And Off-Site Uses”).

Separation Distances Between Towers and Off-site Uses
Off-Site/Designated Area	Separation Distance
Detached residential dwelling units, or vacant and zoned or otherwise approved for detached residential dwelling units [2]	250 feet or 300 percent of Tower height, whichever is greater [1]
Existing attached residential units	250 feet or 200 percent of Tower height, whichever is greater [1]
Nonresidentially-zoned land or nonresidential uses	None; only setbacks apply (per underlying zoning district requirements)
Notes: [1] Separation distance shall be measured by drawing or following a straight line between the base of the proposed tower and the closest property line of an off-site use. [2] The Board of Mayor and Aldermen can reduce the minimum setback if the applicant demonstrates that the adjacent residentially-zoned property has limited or no development potential. Examples include, but are not limited to, restrictive easements, environmental constraints, or ownership.

2. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base of the proposed tower. The separation distances (measured in linear feet) shall be as shown in following table (“Required Separation Between Existing Tower By Height”).

Required Separation Between Existing Tower(s) by Height [1]
Type	Existing Stealth Design Support Structure	Existing Tower [2] Less Than 100 Feet in Height	Existing Tower [2] 100 Feet in Height or Greater
Proposed monopole - less than 100 feet in height	1,500	1,500	3,000
Proposed monopole - 101 to 150 feet in height	1,500	3,000	3,000
Proposed stealth design support structure	750	1,500	1,500
Notes: [1] Required separation distances are measured in linear feet from the base of the existing tower to the base of the proposed tower. [2] Includes any type of existing, free-standing WCF tower, except stealth design support structures.

(g) Security fencing. A sight-obscuring fence that is a minimum of eight feet high shall prohibit public access to WCF, or shall screen all at-grade equipment shelters, or both. Sight-obscuring fencing shall consist of wood or brick. Alternative fence materials may be approved by the Design Review Commission.

(h) Landscaping.

1. Tower facilities shall be landscaped with plant materials that effectively screen the view of the tower compound and ground-based equipment from adjacent property and/or public view. For the purposes of this section, public view is considered as visible from streets or public spaces from ground level.

2. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent practicable. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be accepted as effective screening.

(i) Application requirements. The application for conditional use approval of a new communications tower must be accompanied by the following documents.

1. Specifications. Provide specifications for proposed structures and antenna, including description of design characteristics and material.

2. Site plan. A scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, on-site land uses and zoning, land use plan classification of the site, and all properties within the applicable separation distances set forth in § 151.024(G)(7)(f), adjacent roadways, proposed means of access, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The Town Planner may require other information to be necessary to assess compliance with this section.

3. Visual impact analysis. The applicant shall provide photo-simulated post-construction renderings of the completed proposed WCF tower, equipment cabinets, and ancillary structures from locations to be determined during a pre-application conference with the Town Planner. The renderings shall, at a minimum, include renderings from the vantage point of any adjacent roadways and occupied or proposed non-residential or residential structures, proposed exterior paint and stain samples for any items to be painted or stained, exterior building material and roof samples (if applicable), all mounted on color board no larger than 11" × 17".

4. Landscape plan. A landscape plan showing specific landscape materials.

5. Fencing plan. Location and method of fencing, and finished color, and, if applicable, the method of camouflage and illumination.

6. Tower location map. A current map, or update for an existing map on file, showing locations of applicant’s antenna, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the town per § 151.024(G)(5)(b).

7. Co-location. An affidavit by the support structure owner committing the owner and his or her successors to allow shared use of the structure if an applicant agrees in writing to pay any reasonable charge for shared use. In cases where the height of a tower is below the mandatory height standard for co-location, this requirement may be waived.

8. Propagation maps. The applicant shall provide copies of color propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary.

9. Antenna capacity wind load/ice load. A report from a structural engineer registered in Tennessee showing that the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI EIA/TIA 222 (latest revision) standards.

10. Separation distance. The separation distance from other towers described in the inventory of existing sites submitted (pursuant to division 6 above) shall be shown on an updated map. The applicant shall also identify the type of construction of existing tower(s) and owner/operator of the existing tower(s), if known.

11. Antenna owners. Identification of the owners of all antenna and equipment to be located at the site as of the date of application.

12. Proof of ownership/owner authorization. Legal description of the subject property and leased parcel (if different). Proof of ownership (deed or title documentation) or a letter of authorization for the application from the owner of the property on which the WCF is proposed to be located.

13. FAA and FCC information. All applications for permits in Collierville shall be accompanied by a ‘determination of no hazard’ from the FAA as well as all required FCC permit information.

14. Reduction of visual impact. Evidence that the applicant has taken reasonable measures to assure that the proposed tower, antenna or accessory structure will be placed in a reasonably available location that will minimize the visual impact on the surrounding area in accordance with minimum standards of applicable federal and other regulations. Additionally, the applicant shall describe the proposed methods for minimizing the visibility of the proposed facility, including but not limited to all screening, landscaping, cladding materials, and paint color or other treatment samples.

15. Safety codes. Applicant must show that all applicable health, nuisance, fire, and safety codes are met.

16. Removal of WCF.

a. Evidence acceptable to the town that the property owner and the WCF owner shall remove, at the property owner’s and the WCF owner’s cost and expense, the WCF and all equipment and restore the property to a condition substantially similar to that existing before the installation following abandonment of the facility or non-use for a period of 30 months. Such removal shall not, however, include removal of installed landscaping unless approved by the town.

b. Such evidence may be in the form of an executed agreement between the WCF owner and the property owner that is approved by the Town Attorney. Such an agreement shall provide that the agreement may not be terminated without the town’s written consent and the agreement shall be enforceable by the town against the property owner and the WCF owner.

17. Performance bond or security. Evidence that the WCF owner has obtained or secured a performance bond or other security (“performance guarantee”) acceptable to the Town Attorney in an amount of 120% of the estimated cost and expense of removing the telecommunications facility following abandonment of the facility or non-use of the facility for a period of 30 months. All performance guarantees shall authorize the town to obtain the funds secured by the guarantee upon the town’s determination that the WCF is abandoned or no use of the facility has been made for a period of 30 months. The amount of such performance guarantee shall be based upon an estimate obtained by the WCF owner that shall be subject to review and approval of the Town Engineer. In the event that the town rejects an estimate as inaccurate, incomplete, or incorrect, the town may obtain, at its cost and expense, an estimate which shall be used for purposes of determining the amount of the performance guarantee. The WCF owner shall take all action necessary to keep such performance guarantee valid and in effect at all times. Expiration of a performance guarantee may, at the option of the town and following notice to the WCF owner, result in the expiration of the town’s approval of the WCF facility.

18. Proof of insurance. The applicant shall provide proof of insurance to insure adjacent property owners and the public against personal and property damage resulting from negligent installation and/or damage caused by or arising from the operation and maintenance of WCF.

19. Mailing labels. The applicant shall provide two sets of mailing labels (adhesive) including the names and mailing addresses of all property owners as described in § 151.024(G)(5)(k).

20. A description of the suitability of the use of existing towers, other structures or alternate technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

21. A description of the feasible location(s) of future towers or antennas within the town based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(8) Buildings, cabinets, or equipment storage associated with towers.

(a) Buildings, equipment cabinets, or structures shall comply with applicable building codes.

(b) The design of buildings, equipment cabinets, or structures shall use colors, materials, screening, and textures that will blend into the natural setting and surrounding buildings.

(d) Rooftop equipment cabinets of structures shall be screened, by parapet walls or other structure, so as to not be visible from adjacent streets and/or property at ground level.

(e) In locations where the visual impact of the buildings, equipment cabinets, or structures would be minimal as determined by the Planning Division, the design standards and screening requirements may be reduced or waived.

(f) Standards for buildings, equipment cabinets, or structures for Antennas on existing structures within public road rights-of-way are included in § 151.024(G)(6)(b)(2).

(9) Removal of abandoned towers and antennas. Any tower or antenna that is not operated for a continuous period of 30 months or more shall be considered to have been abandoned, and the owner shall remove the same within 90 days of receipt of notice from the Building Official notifying the owner of such abandonment. Failure to remove an abandoned tower or antenna within the 90 days shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users abandon the tower.

(10) Nonconforming towers.

(a) Preexisting towers. New antennas located on any of the following structures existing on the effective date of this section shall be exempt from the height restrictions of this section provided that there is no increase in height of the existing structure as a result of the installation of a WCF: water towers, guyed towers, lattice towers, power transmission line towers, and monopoles.

(b) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 151.024(G)(9), removal of abandoned towers and antennas, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet separation requirements. The height, location, and type of the tower on site shall be a maximum of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained, or if the permit expires, then the tower or antenna shall be deemed abandoned as specified in § 151.024(G)(9).

(H) Special conditions for animal hospital and clinics in MPO Zone Districts.

(1) The location, size and design of such facilities shall be such that the proposed development shall be compatible with the development within the surrounding area, thus reducing the impact upon the surrounding area.

(2) There shall be no boarding of animals overnight, except in conjunction with surgery or treatment. Such boarding shall be for a short term duration not to exceed one week.

(3) All veterinary and associated services, including the boarding of animals, shall be confined to the inside of the facility within special insulated and sound proof rooms.

(4) The site plans for such facilities shall first be approved by the Planning Commission, taking into account the above conditions as well as any other pertinent factors.

(I) Special conditions and specific standards for sexually oriented businesses.

(1) Purpose and findings.

(a) Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the Town and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(b) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Board of Mayor and Aldermen (Board) and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities, including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Newport News, Virginia; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Oklahoma City, Oklahoma II; Cleveland, Ohio; and Beaumont, Texas; Seattle, Washington; and also on findings from the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board finds:

1. Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises;

2. Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments;

3. Sexual acts, including masturbation, and oral and anal sex occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows;

4. Offering and providing such space encourages such activities, which creates unhealthy conditions;

5. Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses;

6. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections;

7. Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States -- 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992;

8. As of July 31, 1998, there were 7,689 reported cases of AIDS and 3,904 deaths resulting from AIDS in the State of Tennessee. There were 2,522 reported cases of AIDS in Shelby County as of July 31, 1998;

9. Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the State of Tennessee with 9,363 reported cases of HIV. There were 3,651 reported cases of HIV in Shelby County as of July 31, 1998;

10. The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990. There were 934 reported cases of Early Syphilis in Shelby County in 1997. The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990. There were 4,876 reported cases of Gonorrhea in Shelby County in 1997;

11. The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn;

12. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts;

13. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities;

14. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult oriented films;

15. The findings noted in subsections (1) through (14) raise substantial governmental concerns;

16. Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns;

17. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the Town. It is appropriate to require reasonable assurance that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein;

18. Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters;

19. Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments;

20. The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases;

21. It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity;

22. The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter;

23. The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases;

24. The general welfare, health, morals and safety of the citizens of the Town will be promoted by the enactment of this chapter.

(2) Classification. Sexually oriented businesses are classified as follows:

(a) Adult arcades;

(b) Adult bookstores, adult novelty stores or adult video stores;

(d) Adult motels;

(e) Adult motion pictures theaters;

(f) Adult theaters;

(g) Escort agencies;

(h) Nude model studios; and

(i) Sexual encounter centers.

(3) License required.

(a) It is unlawful:

1. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Town pursuant to this chapter;

2. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the Town pursuant to this chapter;

3. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

(b) An application for a license must be made on a form provided by the Town.

(c) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Town to determine whether the applicant meets the qualifications established in this chapter.

(d) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.

(e) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;

b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process.

2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:

a. The sexually oriented business’s fictitious name; and

b. Submit the required registration documents.

3. Whether the applicant has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

4. Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation and whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5. Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

6. The single classification of license for which the applicant is filing.

7. The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any, which location shall be a permissible location under the terms of this chapter.

8. The applicant’s mailing address and residential address.

9. The applicant’s driver’s license number, Social Security number and/or his or her state or federally issued tax identification number.

10. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

11. A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school or public park or recreation area within 1,000 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

12. If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions or live entertainment which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing specified anatomical areas, then the application shall comply with the application requirements set forth in this section.

(f) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the Town the following information:

1. The applicant’s name or any other name (including “stage” names) or aliases used by the individual;

2. Age, date and place of birth;

3. Present residence address and telephone number;

4. Present business address and telephone number;

5. Date, issuing state and number of driver’s permit or other identification card information;

6. Social Security number; and

7. Proof that the individual is at least 18 years of age.

(g) Attached to the application form for a sexually oriented business employee license as provided above shall be the following:

1. A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant in this or any other county, city, state or country has ever had a license, permit or authorization to do business denied, revoked or suspended or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.

2. A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

(4) Issuance of license.

(a) Upon the filing of the application for a sexually oriented business employee license, the Town shall issue a temporary license to the applicant. The applicant shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the Town shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1. The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

2. The applicant is under the age of 18 years;

3. The applicant has been convicted of a specified criminal activity as defined in this chapter;

4. The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation or prohibited by a particular provision of this chapter; or

5. The applicant has had a sexually oriented business employee license revoked by the Town within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in this section.

(b) A sexually oriented business license and sexually oriented business employee license granted pursuant to this chapter shall be subject to annual renewal upon the written application of the applicant and a finding by the Town that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in division (5) below of this section.

(c) Within 30 days after receipt of a completed sexually oriented business application, the Town shall approve or deny the issuance of a license to an applicant. The Town shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

1. An applicant is under 18 years of age;

2. An applicant is overdue in payment to the Town of taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business;

3. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

4. An applicant has been denied a license by the Town to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months;

5. An applicant has been convicted of a specified criminal activity defined in this chapter;

6. The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department and the Building Official as being in compliance with applicable laws and ordinances;

7. The license fee required by this chapter has not been paid;

8. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

(d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to this chapter. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

(e) The Health Department, Fire Department and the Building Official shall complete their certification that the premises is in compliance within 20 days of receipt of the application by the Town.

(f) A sexually oriented business license shall issue for only one classification as found in division (2) above of this section.

(5) Fees; sexually oriented business license and employee license.

(a) Sexually oriented business license.

1. Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by an application fee of $1,000. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who files for a renewal less than 30 days before the license expires. If the application is denied, one-half of the fees shall be returned, excluding the late penalty charges.

2. In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the Town an annual license fee of $500 within 30 days of license issuance or renewal. Failure to pay the annual license fee within 30 days of license issuance or renewal shall result in the immediate revocation of license by the Town. If the application is denied, one-half of the fees shall be returned.

3. Every application for a sexually oriented business employer license (whether for a new license or for renewal of an existing license) shall be accompanied by a $350 application, investigation and license fee. In addition to the application, investigation and license fee, a late penalty of $100 shall be assessed against the applicant who files for renewal less than 30 days before the license expires. If the license is denied, one-half of the fees shall be returned excluding the late penalty charges.

4. All license applications and fees shall be submitted to the Town Clerk of the Town of Collierville.

(b) Sexually oriented business employee license.

1. Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an application fee of $100.

In addition to the renewal fee, a late penalty of $50 shall be assessed against the applicant who files for a renewal less than 30 days before the license expires. If the application is denied, one-half of the fees shall be returned excluding the late penalty charges.

2. In addition to the application and investigation fee required above, every sexually oriented business employee that is granted a license (new or renewal) shall pay to the Town an annual license fee of $100 within 30 days of license issuance or renewal. Failure to pay the annual license fee shall, within 30 days of license issuance or renewal, result in the immediate revocation of the license by the Town. If the application is denied, one-half of the fees shall be returned.

3. All license applications and fees shall be submitted to the Town Clerk of the Town of Collierville.

(6) Inspection.

(a) An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Development Department or other Town departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

(b) A person who operates a sexually oriented business or his or her agent or employee commits a violation of this chapter and any other applicable laws of the State of Tennessee if he or she refuses to permit such lawful inspection of the premises at any time it is open for business.

(7) Expiration of license.

(a) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least 30 days before the expiration date and when made less than 30 days before the expiration date, the expiration of the license will not be affected.

(b) When the Town denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to the denial, the Town finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.

(8) Suspension. The Town shall suspend a sexually oriented business license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:

(a) Violated or is not in compliance with any section of this chapter; or

(b) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; provided, however, the provisions above relating to suspension shall not preclude revocation of a license if grounds as set out in subsection (9) below exist.

(9) Revocation.

(a) The Town shall revoke a sexually oriented business license if a cause of suspension in subsection (8) occurs and the license has been suspended within the preceding 12 months.

(b) The Town shall revoke a sexually oriented business license if it determines that:

1. A licensee gave false or misleading information in the material submitted during the application process;

2. A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;

3. A licensee has knowingly allowed prostitution on the premises;

4. A licensee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;

5. Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises; or

6. A licensee is delinquent in payment to the Town, county or state for any taxes or fees past due.

1. A licensee gave false or misleading information in the material submitted during the application process;

2. A licensee possessed, used or sold controlled substances on the premises;

3. A licensee committed prostitution on the premises;

4. A licensee operated within a sexually oriented business without proper license; or

5. A licensee has participated in any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act in or on the licensed premises.

(d) When the Town revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.

(e) After denial of an application, denial of a renewal of an application or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

(10) Transfer of license. A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(11) Location of sexually oriented businesses.

(a) A person commits a violation of this chapter and any other applicable laws of the state of Tennessee if that person operates or causes to be operated a sexually oriented business in any zoning district other than RI, Restrictive Industrial Districts and GI, General Industrial Districts, as defined and described in this Zoning Code.

(b) A person commits a violation of this chapter and any other applicable laws of the State of Tennessee if the person operates or causes to be operated a sexually oriented business within 1,000 feet of:

1. A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

2. A public or private educational facility, including but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

3. A boundary of any residential district as defined in, but not limited to, the following residential zoning classifications in §§ 151.035 through 151.047 of this Zoning Code:

a. RL, Large Lot/Estate Residential Districts;

b. RL-1, Large Lot/One Acre Residential Districts;

c. R-25, Low Density Residential Districts;

d. R-1, Low Density Residential Districts;

e. R-1A, Low Density Residential Districts;

f. R-2, Medium Density Residential Districts;

g. R-2A, Medium Density Residential Districts;

h. R-3, High Density Residential Districts;

i. R-3A, High Density Residential Districts;

j. R-4, Multi-Family Residential Districts;

k. T, Mobile Home Park Residential Districts;

l. R-TH, Townhouse Residential Districts;

m. FAR, Forest-Agricultural-Residential Districts;

4. An occupied residential dwelling, as defined in § 151.003;

5. A public park or recreational area which has been designated for park or recreational activities, including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the city which is under the control, operation or management of the city park and recreation authorities;

6. The property line of a lot devoted to use as a residence, as defined in § 151.003;

7. An entertainment business which is oriented primarily towards children or family entertainment; or

(c) A person commits a violation of this chapter and any other applicable laws of the State of Tennessee if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.

(d) A person commits a violation of this chapter and any other applicable laws of the State of Tennessee if that person causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(e) For the purposes of subsection (b) of this subsection, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (b). Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(f) For purposes of subsection (c) of this subsection, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(g) Any sexually oriented business lawfully operating on February 1, 1999 that is in violation of subsection (a) through (f) of this subsection shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a nonconforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later- established business(es) is/are nonconforming.

(h) A sexually oriented business lawfully in operation as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a the sexually oriented business license of a use listed in subsection (b) of this subsection within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.

(12) Additional regulations for adult motels.

(a) Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

(b) A person commits a violation of this chapter and any other applicable laws of the State of Tennessee if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented license, he or she rents or subrents a sleeping room to a person and within ten hours from the time the room is rented, he or she rents or subrents the same sleeping room again.

(c) For purposes of subsection (b) of this subsection, the terms RENT or SUBRENT mean the act of permitting a room to be occupied for any form of consideration.

(13) Regulations pertaining to exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

(a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment or other video reproduction which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, shall comply with the following requirements.

1. Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Town may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2. The application shall be sworn to be true and correct by the applicant.

3. No alteration in the configuration or location of a manager’s station may be made without the prior approval of the Town.

4. It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in the manager’s station at all times that any patron is present inside the premises.

5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

6. It shall be the duty of the licensee to ensure that the view area specified in subsection 5. remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection 1. of this subsection.

7. No viewing room may be occupied by more than one person at any time.

8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot candles as measured at the floor level.

9. It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

10. No licensee shall allow openings of any kind to exist between viewing rooms or booths.

11. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

12. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

(b) A person having a duty under subsection (a)1 through 14 commits a misdemeanor if he or she knowingly fails to fulfill that duty.

(14) Additional regulations for escort agencies.

(a) An escort agency shall not employ any person under the age of 18 years.

(b) A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.

(15) Additional regulations for nude model studios.

(a) A nude model studio shall not employ any person under the age of 18 years.

(b) A person under the age of 18 years commits a violation of this chapter and any other applicable laws of the State of Tennessee if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.

(c) A person commits a violation of this chapter and any other applicable laws of the State of Tennessee if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

(d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(16) Additional regulations concerning public nudity.

(a) It shall be a violation of this chapter and any other applicable laws of the State of Tennessee for a person to knowingly and intentionally, in a sexually oriented business, appear in a state of nudity or depict specified sexual activities.

(b) It shall be a violation of this chapter and any other applicable laws of the State of Tennessee for a person to knowingly or intentionally, in a sexually oriented business, appear in a semi- nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.

(c) It shall be a violation of this chapter and any other applicable laws of the State of Tennessee for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while the employee is semi-nude in a sexually oriented business.

(d) It shall be a violation of this chapter and any other applicable laws of the State of Tennessee for an employee, while semi nude, to touch a customer or the clothing of a customer.

(17) Prohibition against children in a sexually oriented business. A person commits a misdemeanor if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business.

(18) Hours of operation. No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays and 1:00 a.m. and 12:00 p.m. on Sundays.

(19) Exemptions.

(a) It is a defense to prosecution under subsection (16) that a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school, licensed by the State of Tennessee; a college, junior college or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

c. Where no more than one nude model is on the premises at any one time.

(20) Penalties and injunction. Any violation of this section shall be punishable by a fine of not more than $500. Each day a sexually oriented business or sexually oriented business employee operates in violation of this section is a separate offense or violation.

(J) Special conditions for auto dealerships.

(1) Front faades of buildings shall:

(a) Be of similar architectural style to surrounding commercial buildings;

(b) Contain no more than 50% glass (i.e., glazed area);

(d) Utilize subdued and muted earth tone colors per the Design Guidelines; and

(e) Be predominantly comprised of brick veneer (excluding the glazed areas). Trim and accent materials other than brick may be approved by the Design Review Commission (DRC) on a case-by- case basis as regulated by the Design Guidelines.

(2) Comparable materials to the front faade shall be installed on all sides visible from the public right-of-way.

(3) A landscape buffer shall be provided in accordance with the Design Standards Manual along the front property and shall be 40 feet in width for arterial streets and 30 feet in width for all other types of streets. The landscape buffer shall include undulating berms that are one to two feet in height and shall be supplemental with clusters of shrubs and the planting of ornamental trees 20 feet on center or in clusters or groupings and also street trees planted 40 feet on center in a straight line or staggered pattern.

(4) Elevated display platforms for automobiles shall not be permitted.

(5) A minimum 20-foot wide landscape buffer shall be installed along all side and rear property lines. Within the landscape buffer shall be undulating berms one to two feet in height supplemented with clusters of evergreen shrubbery and trees planted along all side and rear yards. If the enclosed parking area is completely enclosed in a solid masonry fence, the landscape buffer may be reduced to ten feet and shall be supplemented with the planting of deciduous and evergreen trees distributed along the perimeter of the fencing.

(6) Fenced areas shall be limited to areas in the rear yard, as defined by the Zoning Code. Fencing shall consist of solid masonry or masonry/brick columns and ornamental wrought iron. The columns shall be installed a minimum of 50 feet on center. No chain link fencing shall be permitted.

(7) Outdoor loudspeakers shall not be permitted.

(K) Special conditions for taxidermy services in GC: General Commercial Districts.

(1) Exterior storage of goods or materials of any kind is prohibited.

(2) A detailed waste disposal plan must be presented, and the location of waste receptacles or other equipment used in handling wastes be designated on the site plan. Waste products shall be kept in an approved, covered receptacle.

(3) No designated parking, required parking spaces, fire lanes or traffic lanes shall be used for storage of goods, materials, or waste products.

(L) Special conditions and specific standards for bed and breakfast homestay uses in residential districts. Bed and breakfast homestay uses in all residential zoning districts are subject to the following supplemental provisions:

(1) The bed and breakfast use shall be accessory to the structure’s principal use as a dwelling, and the operators shall permanently reside on the premises.

(2) The facility must either be located within the local historic district of the Town or, if outside the local historic district, within a historically significant home. Whether a home is historically significant shall be determined by a property either on, or eligible for, the National Historic Register.

(3) A maximum of three sleeping rooms, which are distinct and separate from the innkeepers quarters, may be available for transient occupancy by up to six guests, and in no event shall a sleeping room be occupied by a guest for more than seven consecutive days.

(4) The structure shall maintain an exterior appearance that is in character with surrounding residential uses.

(5) Cooking facilities shall not be permitted within individual sleeping rooms, and food may be served only to overnight guests.

(6) Occupancies shall comply with International Fire Code/Life Safety Code requirements, which may result in additional requirements.

(7) Common dining or gathering areas shall not be leased for social or business events unless expressly made part of the CUP application and review, with maximum occupancies established and provisions for adequate parking demonstrated.

(8) Except for alternative parking plans made part of the CUP application for social or business events, all off-street parking areas for the use shall be on the site, located within side or rear yard areas, screened in accordance with this ordinance, and shall not use commercial-style exterior lighting.

(9) The applicant shall hold a neighborhood meeting held pursuant to § 151.160(A)(3) prior to CUP application, regardless of whether the use is proposed as part of a planned development.

(M) Special conditions and specific standards for accessory residential uses (in conjunction with a detached residential use). Accessory residential uses (in conjunction with a principal residential use) are subject to the following supplemental provisions:

(1) The use/structure must be located within Special Areas 3, 4, 5, 6, 8, and 9, of the Downtown Collierville Small Area Plan.

(2) Be accessory to an existing principal dwelling (nothing shall prevent such unit from being located within or inside the principal structure).

(3) Not include mobile homes, recreational vehicles, or travel trailers.

(4) Be at least 400 square feet, but not exceed the lesser of: 800 square feet or 50% of the gross floor area of the principal dwelling unit.

(5) Be limited to a maximum of one per lot.

(6) Be served by at least one, but not more than two off-street parking spaces (in addition to the required off-street parking serving the principal use).

(7) Not be counted toward any maximum residential density requirements; however, it shall count towards any maximum number of accessory structures on a lot.

(8) Be of durable exterior building materials that are the same or higher quality as surrounding developments, (however, when the principal structure is predominately brick or stone, the introduction of smooth wood or fibrous cement siding is appropriate to reinforce the ancillary and subordinate nature of the accessory dwelling unit.)

(9) Not be sold apart from the principal structure. Proof of deed restrictions to this effect shall be provided prior to the issuance of building permits.

(10) Not be leased or rented for tenancies of less than 30 days or more than 11 different individuals in any calendar year. Proof of deed restrictions to this effect shall be provided prior to the issuance of building permits.

(N) Special conditions and specific standards for farmers markets. Farmers markets are subject to the following supplemental provisions:

(1) The operator of the farmers market, which may be either an individual or organization, must be the applicant for the conditional use permit (CUP).

(2) The applicant shall submit the following:

(a) Documentation, such as vendor guidelines and/or market rules, shall be provided that demonstrates how the market will be run and that it will comply with the definition of a farmers market per § 151.003.

(b) A site plan shall be submitted in conjunction with the conditional use permit that shows the following:

1. Pedestrian circulation plan;

2. Booth/vendor space;

3. Tent, awning, or structural details and locations;

4. Parking and vehicular ingress/egress;

5. Location of storage areas;

6. Location of restrooms and trash receptacles;

7. Fencing and landscaping, including the identification of the materials used;

8. Provisions for recycling and waste removal; and

9. A signage plan (locations and size details).

(3) A CUP for a farmers market shall not expire, unless otherwise conditioned by the BMA, and may not be transferred to another administering individual/entity or another location unless expressly approved by the BMA.

(4) Failure to comply with these CUP provisions, or any conditions added by the BMA, after issuance of a CUP may result in the revocation of the CUP by the BMA.

(`00 Code, § 11-305) (Ord. passed 5- -02; Am. Ord. 2002-11, passed 7-2-02; Am. Ord. 2003-15, passed 5-12-03; Am. Ord. 2004-12, passed 7-26-04; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-01, passed 2-9-09; Am. Ord. 2009-05, passed 6-22-09; Am. Ord. 2010-11, passed 1-11-11; 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. 2011-08, passed 9-26-11; Am. Ord. 2012-02, passed 4-9-12; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2018-03, passed 10-28-19; Am. Ord. 2021-12, passed 10-25-21; Am. Ord. 2023-09, passed 5-13-24)

§ 151.025 ACCESSORY USES PERMITTED IN EACH ZONING DISTRICT.

(A) Accessory activity, use, building or structure. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, they comply with the standards set forth in this section, and they do not create adverse impacts on surrounding lots or site.

(B) Exemptions for accessory uses. The following are exempt from the regulations of § 151.025, as they are regulated by other provisions of the Zoning Ordinance. These structures shall not be located within platted or recorded easement or over underground utility; however, this requirement shall not prevent utility installations, such as cable, telephone boxes, gas, and sewer meters. Furthermore, the following will not be counted towards any maximum number of accessory structures on a lot.

(1) Accessory residential housing.

(2) Fences and walls.

(3) Signs.

(4) Pools.

(5) Wireless communication facilities and antennas.

(C) General standards and limitations for accessory uses. Except for accessory structures exempted in § 151.025(B), accessory uses or structures shall:

(1) Directly serve the principal use or structure;

(2) Be accessory and clearly incidental to the principal use or structure;

(3) Be clearly subordinate in area, extent, and purpose to the principal use or structure;

(4) Be owned or operated by the same person as the principal use or structure;

(5) Be located on the same lot as the principal use or structure;

(6) Not exceed the height of the principal structure, except for those structures exempt from the height requirements of this ordinance;

(7) Be located at least five feet from any other structures (except fences, walls, or open-air arbors);

(8) Not take place within required front or side yards or project beyond the front building line of the principal structure (except where expressly permitted within § 151.025(D));

(9) Not be located within platted or recorded easements or over underground utilities;

(10) Not violate the bulk, density, parking, landscaping, or open space standards of this ordinance when taken together with the principal use or structure;

(11) Not be constructed or established prior to the time the principal use or structure is constructed or established; and

(12) Except for fences, walls, or hedges, no accessory structure may be constructed except on a lot with a principal building.

(D) Listed accessory activities, uses, buildings, or structures. The table below lists the allowed types of accessory uses and structures. If a specific accessory use is allowed “by right, with conditions” in a district, the column underneath the district is marked with a number indexed to any applicable special conditions to the specific accessory use found in divisions of § 151.025(D), such as “(8)” for home occupations. For general standards and limitations that apply to all accessory uses, see § 151.025(C). If the accessory use or structure is not allowed in a district, the column is left blank. If there is a reference contained in a column entitled “CUP”, a conditional use permit is required for the accessory use per the procedures outlined in § 151.310 in addition to any conditions applicable in § 151.025(C) and (D).

Click here to view table in PDF format

Accessory Use/ Structure	R- L	R- L1	R- 25	R- 1	R-1 A	R- 2	R- 2A	R- 3	R-3 A	R- 4	R-T H	T	T N	N C	M P O	M U	S C C	C B	G C	RI	GI	F A R
Accessory building (residential)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)	(1)		(1)									(1)
Accessory building (nonresidenti al or multifamily)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)	(2)
Accessory building or structures (agricultural)	(3)	(3)	(3)	(3)									(3)									(3)
Automated teller machine (ATM) kiosk (freestanding )														(4)	(4)	(4)	(4)	(4)	(4)
Cart storage and cart corrals														(5)			(5)		(5)
Flagpoles	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)	(6)
Freestanding canopies											(7)	(7)		(7)	(7)	(7)	(7)	(7)	(7)	(7)	(7)
Home occupation (Type 1)	(8)	(8)	(8)	(8)	(8)	(8)	(8)	(8)	(8)	(8)	(8)	(8)	(8)			(8)		(8)				(8)
Home occupation (Type 2)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P (8)	C U P( 8)									C U P (8)
Indoor food sales														(9)	(9)	(9)	(9)	(9)	(9)
Outdoor dining														(1 0)		(1 0)	(1 0)	(1 0)	(1 0)
Outdoor display (accessory)														(1 1)		(1 1)	(1 1)	(1 1)		(1 1)	(1 1)
Cluster Mailbox Units (CBUs)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)	(20)
Outdoor display (customary)														(1 2)		(1 2)	(1 2)	(1 2)	(1 2)	(1 2)	(1 2)	(1 2)
Outdoor storage														(1 3)		(1 3)	(1 3)	(1 3)	(1 3)	(1 3)	(1 3)	(1 3)
Parking, storage or use of major recreation equipment	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)	(1 4)									(1 4)
Private recreation facilities (residential)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)	(1 5)									(1 5)
Retail sales of goods (as part of a freight or warehouse use)																				(1 6)	(1 6)	(1 6)
Satellite dish receiving antennas	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)	(1 7)
Security or caretaker quarters															(1 8)	(1 8)	(1 8)	(1 8)	(1 8)	(1 8)	(1 8)
Stand-alone drive-throug h uses															(1 9)		(1 9)		(1 9)
Unidentified accessory uses/ structure	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)	(2 1)

(1) Residential accessory structures. Any building, such as a detached garage or storage shed, accessory to a principal single family detached, two family (duplex), or mobile home use, shall comply with the following:

(a) On residential lots less than two acres in size, a maximum of two accessory structures are permitted on each lot. Children’s play structures, animal shelters, open-air arbors, concrete slabs, swimming pools, below-grade structures (e.g. underground shelter), or any accessory structure with a height less than 18 inches shall not be counted towards the maximum number.

(b) Location of residential accessory structures.

1. Accessory structures must not be erected in any required front yard or between a principal building and a street, except for reversed frontage lots. On reversed frontage lots, accessory structures may be located between the principal structure and the non-accessible street upon which it fronts, provided a minimum setback of 20 feet is provided from the right-of-way of the non-accessible street and all other applicable provisions are met.

2. Accessory structures must not be erected within any required side yard, except for a corner lot, where accessory structures may be placed in a required side yard provided all other applicable provisions are met.

3. The required setback for accessory structures depends upon the type of zoning district:

a. Within conventional zoning districts, accessory structures must have a setback from a property line that is equal to or greater than its height, but in no case shall an accessory structure be located closer than five feet from a property line or other building or structure.

b. Within traditional zoning districts, accessory structures must be located at least five feet from all lot lines and five feet from any other structures (except fences, walls, and open-air arbors).

1. Accessory structures must not exceed 14 feet or one story in height, except for on those lots of record that are either one acre in size or greater or within one of the traditional zoning districts.

2. On lots either one acre in size or greater or within one of the traditional zoning districts, accessory structures must not exceed 25 feet or two stories in height.

3. No accessory structure shall exceed the height of the principal structure, except as provided otherwise in the code of ordinances.

(d) Size and lot coverage.

1. On residential lots less than two acres in size, the combined gross floor area of all accessory structures shall be no more than 30% of the total gross floor area of the principal building.

2. A building permit shall not be issued until the Development Director or his or her designee determines that:

a. The accessory structure is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located; and

b. The accessory structure will not adversely affect a known archaeological, environmental, historical, or cultural resource.

(e) Architectural style and materials.

1. For single-family residential lots, accessory structures greater than 150 square feet in gross floor area must be constructed in a like manner to the principal building in terms of architectural style, roof style, and building materials. The intent of this requirement is not to require an accessory structure to exactly match the principal structure, but to ensure compatibility with the principal structure.

2. Metal and plastic are prohibited as primary siding materials for accessory structures greater than 150 square feet in gross floor area except where the material is the primary material on the principal structure.

(2) Nonresidential or multifamily accessory building. Any building accessory to a principal nonresidential use, or residential unit or other housing type, not otherwise listed in the table in § 151.025(D), shall comply with the following:

(a) Be subject to the Design Guidelines.

(b) Be located at least five feet from all lot lines and five feet from any other structures (except fences, walls, and open-air arbors).

(c) Not take place within required front or side yards or project beyond the front building line of the principal structures, except for:

1. Signs;

2. Fences or walls;

3. Freestanding canopies.

(d) In commercial districts where maximum floor area ratio limits are applicable, the total gross floor area of all accessory structures shall be included as part of the total gross floor area of the lot.

(e) In industrial districts, the total maximum area of all accessory structures shall not exceed 20% of the maximum lot coverage permitted within the zoning district.

(3) Agricultural accessory buildings or structures. Accessory buildings or structures essential to general farming activities conducted on the property, including, but not limited to, those that house livestock, protect farm equipment, or for harvesting crops, shall be regulated as follows:

(a) A minimum lot size of two acres is required.

(b) Agricultural accessory structures are permitted in any required front, side, or rear yard, and may be between a principal building and a street; however, an agricultural accessory structure shall not be located within 30 feet of a property line at any point.

(c) Building structures not exempted by § 151.005 may exceed the maximum building height as required by § 151.027 if the Development Director or his or her designee finds that:

1. The accessory structure is consistent with the overall character of existing development in the immediate vicinity of the subject property, and will not materially adversely affect other property in the area in which it is located; and

2. The accessory structure will not adversely affect a known archaeological, environmental, historical, or cultural resource.

(4) Automated teller machines/kiosks.

(a) Structures accommodating stand-alone automated teller machines or kiosks that are not inside or attached to a principal structure shall meet the design standards applied to the principal structure and shall use the same exterior materials, colors, and architectural style as the principal structure.

(b) Drive-up or drive-through automated teller machines shall be prohibited in the CB District unless they are located internal to the block and do not result in stacking of vehicles in a public right-of-way.

(5) Cart storage and cart corrals. The storage of carts and placement of cart corrals in a parking lot shall be subject to the following provisions:

(a) The location of cart storage shall be delineated on a site plan.

(b) Cart corrals located in parking lots for the purpose of drop-off by customers shall be located next to a landscape island, with the landscape island being on the street side, in order to provide some screening. Masonry walls may be used in lieu of landscaping.

(c) Carts stored outside and in front or to the side of a building shall be located and screened behind an opaque wall constructed of building materials and colors to match the building.

(d) Cart corrals shall not be provided in required parking areas or parking lot landscaping islands.

(6) Flags and flagpoles.

(a) For flags and flagpoles on multifamily and nonresidential properties, see § 151.180 as they are regulated as signs.

(b) Flags and flagpoles on single family residential properties:

1. In all residential districts, flagpoles shall be located a distance equal to or greater than their own height above grade from the nearest property line; but, in no event shall a flagpole in a residential district exceed a height of 20 feet above grade.

2. There shall be a maximum of one flagpole per lot in all residential districts.

(7) Freestanding canopies. Canopies not attached to a building shall be designed as follows:

(a) Canopies shall be located to prevent the stacking of vehicles in a public right-of-way.

(b) Canopies covering a drive-through shall use a similar roof form, pitch, and materials in order to appear as an extension of the roof covering the principal structure.

(c) Canopies accessible by vehicles shall have a maximum height of 15 feet measured from the finished grade to the underside of the canopy.

(d) The design of the canopy, including any columns, shall match the design and exterior building materials of the principal building.

(e) Any lighting associated with a canopy shall be shielded so that the source of illumination is not visible from off-site areas.

(8) Home occupations.

(a) Applicability. Home occupations (sometimes called home-based-businesses), which are businesses, professions, occupations, and trades as defined by § 151.003, are categorized into two distinct types and permitted only in the zoning districts identified in the table in § 151.025(D).

(b) Exemptions. The limitations of this division apply only to activities at the home and are not intended to regulate business activities that occur off-site. Agricultural uses are not considered home occupations and shall instead be regulated as principal uses per § 151.021.

(c) Home occupation performance standards, requirements, and prohibitions. Type 1 and 2 Home Occupations are limited in accordance with the following performance standards.

PERFORMANCE STANDARD LIMITATIONS FOR HOME OCCUPATIONS
Type of Regulation to Mitigate Adverse Neighborhood Impacts	Aspect of the Business Operation	Type 1 Home Occupations/ Home-Based-Businesses [1]	Type 2 Home Occupations/ Home-Based-Businesses [2]
Extent of the residential property used and process	Procedure	Any residential dwelling may be used for a Type 1 Home Occupation use, but only when such use is in conformance to the provisions of this subchapter.	Type 2 Home Occupations are allowed only via conditional use permit (CUP) in zoning districts as identified by § 151.025(D), but only when such use is in conformance to the provisions of this subchapter.
	Minimum lot size and type of dwelling unit	Any dwelling unit is permitted to have a Type 1 Home Occupation/ Home-Based-Business.	Only single family detached dwellings on lots 2 acres in size or larger are eligible for a Type 2 Home Occupation/Home-Based-Busine ss via the conditional use permit process.
	Use of dwelling unit	The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.	The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
	Use of accessory structure(s)	No home occupation shall be conducted in any accessory structure (excludes the storage of equipment or materials related to the home occupation).	A home occupation may be conducted in an accessory structure.
Traffic generation	Customers or clients	Max. of two per week (by appointment only).	Max. of ten per week permitted to come to the residence.
	Deliveries associated with the home business	Max. of two deliveries per week above and beyond normal household parcel delivery.	Max. of ten per week above and beyond normal household parcel delivery.
	Employees - working out of the home	Limited to residents of the home. No outside employees are permitted to work at the home for business related purposes.	Limited to residents of the home. No outside employees are permitted to work at the home for business related purposes.
	Other business trips	Max. of two per day related to the business above normal single family home traffic generation (ten trips per day).	Max. of ten per day above normal single family home traffic generation (ten trips per day).
Solid waste generation	Quantity	Max. of one 32-gallon residential waste container per week.	Max. of two 32-gallon residential waste containers per week.
Solid waste generation	Hazardous	None may be disposed of at home. The home occupation shall not adversely affect public safety through the storage or generation of explosive, flammable or hazardous materials in quantities which could constitute a neighborhood danger based on the determination of the Town Fire Marshal.	None may be disposed of at home. The home occupation shall not adversely affect public safety through the storage or generation of explosive, flammable or hazardous materials in quantities which could constitute a neighborhood danger based on the determination of the Town Fire Marshal.
Special limitations on home occupation uses	Repair, assembly, and fabrication	Minor assembly, fabrication, and repairs are permitted on a limited basis provided they are in no way detectable off the lot. Examples include gift basket assembly; tailoring; watches, clocks, or jewelry repair; or, other home businesses that are at a scale similar to arts and crafts activities.	Assembly, fabrication, and repair activities permitted, with the limitations below on noise, vibration, glare, fumes, odors, and the like. Examples include furniture refinishing or repair, upholstery, appliance repair, commercial catering or bakeries, or small engine repair.
Special limitations on home occupation uses	Sales and services	There shall be no sales of merchandise directly to customers at the physical home/business address; however, telephone and internet sales are permitted. Provision of services directly to customers at the physical home/business address is permitted by appointment only.	There shall be no sales of merchandise directly to customers at the physical home/business address; however, telephone and internet sales are permitted. Provision of services directly to customers at the physical home/business address is permitted by appointment only.
Detectable evidence of the conduct of such home occupation	Exterior storage	None permitted.	Permitted, but must be in a rear yard and completely screened from view off of the property.
	Changes to principal dwelling or premise	There shall be no change in the outside appearance of the dwelling or premises.	There shall be no change in the outside appearance of the dwelling; however, changes are permitted to accessory structure(s) or for screening of outdoor activity associated with the home occupation.
	Noise, vibration, glare, fumes, odors, and the like	No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. The home occupation shall not use equipment which creates off-premises line voltage fluctuations or visual or audible interference with off-premises radio or television receivers.	Machinery that creates noise or vibration, may be operated only periods of short duration defined as a no longer than ten minutes per hour with cumulative maximum not to exceed one hour per day. No equipment or process shall be used in such home occupation which glare, fumes, odors or electrical interference detectable to the normal senses off the lot. The home occupation shall not use equipment which creates off-premises line voltage fluctuations or visual or audible interference with off-premises radio or television receivers.
Additional Conditions	Good standing	Operators of a home occupation/home-based-business must have a valid business license and all applicable Town of Collierville taxes current or the use shall become null and void. The Town of Collierville Development Department staff shall have the right to inspect the premise to determine compliance with the applicable performance standard limitations.
	Discontinuan ce	A home occupation/home-based-business that ceases to operate for a period of 6 continuous months shall be null and void.
	Transferabi lity	A home occupation/home-based-business use shall be specific to only one residential address and not transferable to another residential address.
[1] A Type 1 Home Occupation is allowed “by right, with conditions” in all residential zoning districts but must comply with certain regulations contained in this table intended to limit the impacts on the surrounding residential neighborhood. See § 151.025(D). [2] A Type 2 Home Occupation is not allowed “by right” and requires approval by the Board of Mayor and Aldermen through the conditional use permit process pursuant to § 151.310 Conditional Use Permits. See § 151.025(D).

(9) Indoor food sales. Indoor food sales occurring as an accessory use shall comply with the following standards:

(a) The square footage used by food sales operations, including preparation, sales, and storage, but not including dining, shall not exceed 30% of the principal use.

(b) To the maximum extent practicable, food sales areas shall be internal to the principal use they serve.

(c) Entrances to the food sales area shall be via the principal use it serves and shall not have dedicated off-street parking areas or signage unless such signage is permitted by § 151.180.

(10) Outdoor dining/seating. Outdoor dining means that portion of the exterior of a building, which in the CB and MU Districts may include limited portions of sidewalks within the public right-of-way, kept, used, maintained and held out to the public as a place for sidewalk dining, where food, beverages or other refreshments are served for consumption on the premises. Includes the placing, locating, or permitting of the placing or locating of furniture on sidewalks or patios adjacent to a business licensed to operate as an eating and/or refreshment establishment.

(a) The location of outdoor dining shall be delineated on the site plan and reviewed and approved per § 151.311.

(b) Approved outdoor dining areas are not intended to authorize displays by organizations, establishments or businesses for vending goods, for distributing information or for displaying goods.

(d) The outdoor dining activity shall not block or restrict a paved portion of the passageway to less than 48 inches in width or block the ingress/egress to any building. Also, no items shall be placed so as to block any doorway, driveway, crosswalk, or counter service window.

(e) Cafe furniture, and any other objects provided in the outdoor dining area, shall be:

1. Maintained with a clean and attractive appearance, and shall be kept safe and in good repair at all times.

2. Of a quality design, materials, and workmanship, be consistent with the applicable Design Guidelines, and must be approved or otherwise authorized by the Development Department. The following are examples of prohibited cafe furniture or objects in dining areas:

a. Umbrellas or other decorative materials that are not fire retardant, pressure treated, properly secured to withstand strong winds or manufactured of fire resistant material.

b. Umbrellas, tablecloths, chairs or tables with advertising, signage or other writing on them.

c. Furniture made of plastic.

(11) Accessory outdoor display (ancillary and nonessential). The following regulations shall apply to outdoor display that is considered to be an ancillary and nonessential part of the business operation for any zoning district in which such display is permitted.

(a) General requirements. The following shall apply to all forms of accessory outdoor display, regardless of zoning district.

1. The locations of outdoor display shall be delineated on the site plan and reviewed and approved per § 151.311.

2. Outdoor display shall be conducted only by the business licensed on the property, and shall only include merchandise that is regularly offered for sale inside such business.

3. If the outdoor display area occupies a sidewalk or other walkway, provide a walkway for pedestrians a minimum of four feet in width.

4. In no event shall such items be:

a. Placed in the landscaped areas;

b. Placed so as to block any doorway, driveway, crosswalk, or counter service window;

c. Be placed on elevated pads, ramps or similar structures that serve primarily to increase the visibility of the items;

d. Stacked in excess of six feet in height; or

e. Extend beyond the bounds of the business or the borders unless approved by the Development Department. For the purposes of this chapter, the “bounds of the business” means that the display must be located alongside, but not beyond, the corners or ends of the permitted establishment’s outside walls. This prohibition shall create a zone that keeps sidewalk and street corners clear for pedestrian travel.

5. Outdoor display furniture, such as racks and displays, shall be:

a. Maintained with a clean and attractive appearance, and shall be kept safe and in good repair at all times.

b. Of a quality design, materials, and workmanship, be consistent with the applicable Design Guidelines, and must be approved or otherwise authorized by the Development Department.

6. Vending equipment including, but not limited to, food or rental vending machines, ice machines and propane gas exchanges, permitted as part of a service station or convenience store use, and shall be:

a. Delineated on the site plan;

b. Counted as part of the maximum outdoor display area;

c. Located to the side or the rear of the building;

d. Located under a covered portion of the principal building; and

e. Not located under a fuel canopy.

(b) Accessory outdoor display within the SCC, GI, and RI Districts. In addition to the general requirements of § 151.025(11)(a), accessory outdoor display in the SCC District shall be regulated as follows:

1. Accessory outdoor display areas shall be limited to the following locations:

a. Contiguous to the front facade plane of the building, to the side of the building, or under the covered portion of the principal building;

b. Comprise no more than an area 40 feet wide by 20 deep, or a width of no more than 25% of the linear building frontage if the display is located at the front of the building, whichever is less; and

c. A single street frontage for corner lots or lots with double frontage.

2. Any accessory outdoor display/outdoor display areas shall:

a. Be paved or dust free.

b. Be contained within an area defined by a fence, wall, change in pavement, or other similar demarcation.

c. Not be located outside of the minimum building setbacks.

d. Not occupy designated or required parking spaces, fire lanes, internal traffic lanes, required landscape buffers, public rights-of-way, or private access roads for display of merchandise.

(c) Accessory outdoor display within CB, MU, and NC Districts. In addition to the general requirements of § 151.025(11)(a), accessory outdoor display in the CB, MU, and NC Districts may have limited encroachment into the public right-of-way, sidewalk or common area on public property to place, display, or sell food or nonfood merchandise to the patrons of the establishment so long as the locations of outdoor display are clearly delineated a site plan and reviewed and approved per § 151.311.

(12) Customary outdoor display (to principal use).

(a) Applicability. Regardless of the zoning district, outdoor display associated with the following principal uses is considered to be an integral and inseparable part of the business operation, and is considered to be customary outdoor display:

1. Agricultural equipment, sales or service.

2. ATV, RV, trailer, or other similar businesses.

3. Auto dealership.

4. Auto rental.

5. Boat, marine sales.

6. Farmers market (private property).

7. Fruit or vegetable store.

8. Greenhouse or nursery products.

9. Heavy equipment sales and rental.

10. Mobile home/pre-fabricated home sales.

11. Motorcycle sales.

12. Moving equipment rental store.

13. Used car sales.

(b) General requirements. The following shall apply to all forms of customary outdoor display, regardless of zoning district.

1. The locations of major outdoor display area shall be delineated on the site plan and reviewed and approved per § 151.311.

2. The display area shall be outside of the required building setbacks.

3. The display area shall be screened and landscaped per the Design Guidelines the same as a commercial parking lot.

4. Outdoor display shall be conducted only by the business licensed on the property, and shall only include merchandise that is regularly offered for sale inside such business.

5. Outdoor display shall not be placed on elevated pads, ramps or similar structures that serve primarily to increase the visibility of the items.

6. If the outdoor display area occupies a sidewalk or other walkway, provide a walkway for pedestrians a minimum of four feet in width.

7. No items shall be placed so as to block any doorway, driveway, crosswalk, or counter service window.

8. For stacked outdoor display items, be limited to a maximum of six feet in stacking height.

9. Outdoor display furniture used in the outdoor storage areas shall be:

a. Maintained with a clean and attractive appearance, and shall be kept safe and in good repair at all times.

b. Of a quality design, materials, and workmanship, be consistent with the applicable Design Guidelines, and must be approved or otherwise authorized by the Development Department.

(13) Outdoor storage. The following regulations shall apply to outdoor storage in any nonresidential zoning district in which such storage is permitted.

(a) The locations of outdoor storage shall be delineated on the site plan and reviewed and approved per § 151.311.

(b) Any outdoor storage of goods or merchandise shall:

1. Be located to the side or rear of the principal structure;

2. Comply with the minimum building setback requirements;

3. Be placed on paved or dust free areas except where expressly allowed by § 151.115(D);

4. Be stacked no higher than two feet below the height of the fence used to screen the storage area;

5. Not occupy designated or required parking spaces, fire lanes, internal traffic lanes, required landscape buffers, public rights-of-way, or private access roads;

6. Not comprise no more than 10% of the gross site area for sites within the NC, CB, GC, MU, or SCC Districts; and

7. Not be placed on elevated pads, ramps or similar structures that serve primarily to increase the visibility of the items; however, outdoor storage may be elevated off the ground, not more than six inches, to allow for better maintenance and upkeep.

(c) Screening requirements. Outdoor storage areas shall be fully screened from view off-site or from public rights-of-way with an opaque material (fencing, walls, landscaping, or combination thereof) with the following exceptions:

1. Live vegetative products are except from the screening requirement and may be unscreened.

2. Fleet storage of vehicles used in the operation of the business is not required to be fully screened, but such parking areas must be screened and landscaped per the Design Guidelines the same as a commercial parking lot.

(d) Covering requirements. Storage shall be located inside of the principal building, within an accessory building, or be fully covered by a canopy, open shed, awning, or similar open air structure; however, the following are uses may be uncovered:

1. Automobiles, boats, motorcycles, ATVs, RVs, trailers, and similar vehicles;

2. Dumpsters or recycling containers;

3. Mobile homes/pre-fabricated homes;

4. Moving equipment;

5. Agricultural equipment;

6. Heavy equipment;

7. Fruit, vegetables, or nursery products;

8. Rock, gravel, dirt, and sand; and

9. Certain items within the RI, GI, or FAR Districts, that, by their nature, are customarily stored outdoors that, in the opinion of the Town Planner, would be impractical to cover.

(e) Prohibited storage. The following forms of outdoor storage shall be prohibited:

1. Storage within a truck, trailer, covered container, or similar container, whether on wheels or stationary, except temporarily used during construction per § 151.026 ;

2. Outdoor storage of trash or other debris;

3. Outdoor storage of wood or other attractive nuisances; and

4. The unscreened storage of vehicles, trailers, or similar equipment awaiting repair, whether operable, licensed, or otherwise. The intent of this provision is not to regulate the normal drop-offs for on-site repair in a timely manner, but instead to prohibit unscreened storage on a property for extended periods of time.

(14) Parking, storage or use of major recreation equipment. For purposes of these regulations, major recreational equipment is defined to include boats and boat trailers, travel trailers, tent trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings and the like. No major recreational equipment shall be parked or stored in any front yard of any lot in a residential district. However, such equipment may park anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(15) Private recreation facilities. Private recreation facilities associated with residential uses, including, but not limited to, swimming pools and tennis courts, shall be exclusively for the use of the residents or their guests.

(16) Retail sales of goods (as part of freight or warehouse use). Retail sale of goods as part of permitted freight or warehouse uses shall:

(a) Be conducted within the same structure housing the principal warehouse or freight use;

(b) Include only sales items manufactured by the principal use or part of the principal warehouse’s stock;

(d) Provide adequate off-street parking for the retail portion of the use in accordance with §§ 151.115 to 151.117.

(17) Satellite dish receiving antennas. Satellite dish receiving antennas shall comply with the following:

(a) Purpose and applicability. The purpose of this section is to promote communication within the Town in a manner which will properly safeguard the public health, safety and welfare, by permitting the use, within certain guidelines, of satellite dishes and antennas for all single family uses.

For duplex, multifamily, and nonresidential uses, satellite dishes and antennas shall be screened and/or painted per the applicable design guidelines.

(b) Small dishes. A “dish” antenna one meter (39.37") or less in diameter shall be installed in an unobtrusive manner. To accomplish this, installation or construction of satellite dish antenna shall be subject to the following minimum requirements:

1. Portable mounted satellite dish antennae are prohibited.

2. A satellite dish antenna may not be placed on any lot which does not contain a principal structure.

3. To the greatest extent possible, all satellite dish antennae associated with single family uses should blend with the dwelling and the immediate surrounding area. To meet this requirement, the following guidelines are provided; however, the Town shall not require a satellite dish antennae to be installed or constructed in a manner so to interfere with television, radio or similar reception or contrary to state and federal requirements:

a. Satellite dish antennae should be installed at the side or rear of structures or yards whenever possible.

b. When installation to the side or rear of structures or yards is not practicable, satellite dish antennae should be:

i. Painted black, dark brown, or dark green, or other color to match the roof if roof-mounted; or

ii. Screened from adjacent properties to the extent possible and practical with non-deciduous plantings, if ground mounted.

1. A satellite dish antenna shall not exceed 12 feet in diameter and, unless impracticable, shall be of aluminum mesh type.

2. Shall be ground mounted, self-supporting without wires, and be located on a permanent concrete base at grade, in accordance with the manufacturer's recommendations.

3. No more than one satellite dish shall be permitted per lot, and such dish shall only service a receiver located on the same lot.

4. The maximum height of the satellite dish, including any supporting structure, shall not exceed 15 feet above ground level.

5. In any residential zoning district, satellite dishes and associated structures and equipment shall only be located in the rear yard of the lot, and such dish and associated structures and equipment shall be located no closer than five feet to any side or rear property line.

6. The dish shall not be visible to the general public from the street fronting the property. Fences, walls, and/or landscaping may be required to screen the dish.

7. Such satellite dish and base shall be designed to withstand the equivalent of a 70 mile per hour wind. All structures supporting the satellite dish shall be of galvanized, or equivalent construction. All wiring servicing the satellite dish shall be installed underground.

(d) Other antennas. Other forms of antennas for the receiving or transmitting of electromagnetic waves not classified as a “dish” antenna or otherwise regulated by § 151.024 shall be permitted as an accessory use to a single family residence in any residential zoning district. Such antenna and any support structures shall not be located in any required front or side yard area and shall be located no closer than five feet to any rear lot line. No antenna, whether freestanding or attached to another structure, shall exceed 35 feet in height above grade.

(18) Security or caretaker quarters. A dwelling unit for security or caretaker quarters shall:

(a) Be limited to one such dwelling unit per allowed principal use.

(b) Be inside the principal building (detached dwelling units or mobile homes are prohibited).

(d) Provide at least one off-street parking space for each bedroom, in addition to the required parking for the principal use or business.

(e) Be occupied only by the owner, operator, caretaker, or an employee of the principal building, plus that person’s immediate family.

(19) Stand-alone drive-through. Stand-alone drive-through structures not attached to a principal structure shall:

(a) Be prohibited within the Historic District unless they are placed internal to the block and do not cause stacking of vehicles in a public right-of-way;

(b) Be a permanent structure with a fixed foundation;

(d) Use the same exterior materials, colors, and building style as the principal use;

(e) Be oriented so that stacking lanes do not extend into primary drive aisles;

(f) Not be located in private drives, landscaping areas, required yards, or setbacks; and

(g) Not be entitled to additional freestanding signs.

(20) Cluster Mailbox Units (CBUs). Centralized mail kiosks or mail deliver; systems used by the United States Postal Service (USPS) for mail and package delivery shall comply with the following standards:

(a) CBUs shall be built to USPS specifications with a concrete pad.

(b) CBUs shall not be located within 50 feet of the perimeter of the development.

1. Within a building, such as an apartment building, or an accessory facility serving the development such as a clubhouse or pool house; or

2. Stand-alone.

(d) CBUs shall be accessed by walkways or sidewalks meeting handicap accessibility width and paving requirements. Any walkways or sidewalks shall connect CBUs to parking areas and the overall walkway and sidewalk system of the development if they exist.

(e) CBUs shall be located in common open space maintained by a homeowners' association/property owners association (HOA/POA) or on private property in an easement for maintenance by an HOA/POA. The Town is not responsible for the maintenance of CBUs.

(f) CBUs shall not be located in public right-of-way, block public sidewalks, or block vehicular sight visibility.

(g) The area of each CBU located in common open space shall apply towards any required open space for the development.

(h) If adequate lighting is to be provided for CBUs, then light fixtures shall comply with § 151.190 if needed.

(i) The aesthetic nature of the CBU shall be considered an integral element of the overall site design and shall be reviewed by the PRC or HDC as applicable, as part of the development application review procedures.

1. Structures for CBUs shall be designed to be compatible with the dwellings in the neighborhood and any other common open space structures in scale, design, materials, and color.

2. The mail storage containers of the CBU shall be bronze, black, dark green, or anodized (silver) aluminum in color.

(21) Interpretation of unidentified accessory uses. The Town Planner shall evaluate applications for accessory uses that are not identified in § 151.025(D) on a case-by-case basis, based on the following standards:

(a) The definition of accessory use in § 151.003, and the general accessory use standards and limitations established in § 151.025(C):

(b) The additional standards for comparable accessory uses, if applicable, established in § 151.025(D);

(c) The purpose and intent of the base district, overlay district, or planned development in which the accessory use is located;

(d) Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

(e) The compatibility of the accessory use with other principal and accessory uses permitted in the district.

(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. 2013-07, passed 7-8-13; Am. Ord. 2015-07, passed 9-28-15; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2021-01, passed 5-24-21; Am. Ord. 2021-14, passed 10-11-21)

§ 151.026 TEMPORARY USES, ACTIVITIES, AND STRUCTURES.

(A) Purpose and applicability. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this section and are discontinued upon the expiration of a set time period. Temporary uses and special events are different from principal or accessory uses as they do not involve permanent alterations to the site or the construction or alteration of any permanent building or structure. The Development Director shall exercise the authority as established herein to determine whether a use, activity, or structure is temporary or permanent, with any appeals of decisions being heard by the Board of Zoning Appeals. This section shall have no application to mobile homes utilized for principal residential purposes pursuant to § 151.021.

(B) Table of allowed temporary uses, activities, and structures. The table below summarizes allowed temporary uses, activities, and structures and any specific regulations that apply in § 151.026(D) or in other portions of the Town Code. Temporary uses or structures not listed in the table are prohibited.

Temporary Structure	Permit Required?	Duration Limits?	Specific Regulations
Construction dumpster	No	Yes	§ 151.026(D)(1)
Construction trailer	Yes	Yes	§ 151.026(D)(2)
Real estate sales office/model sales home	No	Yes	§ 151.026(D)(3)
Tent	Yes	Yes	§ 151.026(D)(4)
Temporary storage in a portable container	Yes (nonresidential) No (residential)	Yes	§ 151.026(D)(5)
Temporary structure (as part of an educational facility or institutional use)	Yes	Yes	§ 151.026(D)(6)

Temporary Uses or Activities	Permit Required?	Duration Limits?	Specific Regulations
Garage, yard, or rummage sales	No	Yes	§ 110.02
Charitable solicitations	Yes	No	Chapter 111
Farmers markets	Yes	No	§ 151.024
Peddlers and itinerant vendors	No	No	§§ 110.20 to 110.25
Special events	Yes	Yes	§ 151.026(D)(7)
Sidewalk sales and display events	No	Yes	§ 111.05
Town square produce vending	Yes	Yes	§ 151.026(D)(8)

(1) Obtain the appropriate permit(s) from the Town (as required);

(2) Not include permanent alterations to the site, a permanent building, or structure;

(3) Not violate the applicable conditions of approval from a Town board or commission that apply to a principal or accessory use on the site;

(4) Not be used to circumvent the outdoor display or storage regulations of § 151.025 that pertain to a principal or accessory use on the site;

(5) Not interfere with the normal operations of any permanent use (principal or accessory) located on the property;

(6) Be compatible with the principal uses taking place on the site;

(7) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(8) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;

(9) Contain sufficient land area to allow the temporary use, structure, or event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.

(D) Specific regulations for certain temporary uses and structures. In addition to the general regulations for temporary uses and structures, the following shall also apply, as applicable:

(1) Construction dumpster.

(a) The placement of a temporary construction dumpster or other trash receptacle within a public right-of-way, or other site owned by the Town, shall be subject to applicable standards in the Town Code.

(b) Temporary trash receptacles or dumpsters located outside of public rights-of-way on private property shall comply with the following standards:

1. Be associated with development for which a valid building permit has been issued, or applied for, from the Codes Division;

2. Be located to the side or the rear of the site, to the maximum extent practicable;

3. Be located on the same site, or in the same development, as the related construction;

4. When located within residential developments, be located as far as possible from developed lots containing existing residential dwellings;

5. Not be located within a floodplain or otherwise obstruct drainage flow;

6. Not be placed within 15 feet of a fire hydrant or within a required landscaping area;

7. Be located outside of any required tree protection fencing and the dripline of existing trees; and

8. Be located in a place where the delivery or pickup vehicle can access the dumpster via a permanent temporary gravel construction driveway.

(2) Construction trailer. Construction trailers may be permitted on a construction site without site plan approval, provided that the trailer is:

(a) Associated with development for which a valid building permit has been issued, or applied for, from the Codes Division. Construction trailers shall be removed from a construction site prior to the issuance of a certificate of occupancy or if the building permit becomes otherwise void.

(b) Located to the side or the rear of the site, to the maximum extent practicable.

(d) Located outside of any required tree protection fencing and the dripline of existing tree.

(e) Sales, leasing, hiring for the principal use under construction, and residential uses are expressly prohibited in construction trailers.

(3) Real estate sales office/model sales home. One temporary real estate sales office or model sales home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use:

(a) Is located on a lot approved as part of a development.

(b) Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscape.

(c) Is operated by a developer or builder active in the same phase or section where the use is located. Common real estate home office functions include marketing, displaying interior or exterior finishes or options, and real estate transactions.

(d) Not used simultaneously as a residence and a real estate sales office/model sales home.

(e) The model home should be converted into a permanent residential use upon the substantial build-out of in section or phase of the development; however, the use of a residential structure as a real estate sales office/model sales home shall cease prior to the release of the development agreement for the section or phase of the development.

(4) Tents. Except for tents used exclusively for camping purposes, tents and membrane structures having an area in excess of 200 square feet, and canopies in excess of 400 square feet, shall:

(a) Obtain a permit from the Fire Marshal.

(b) Maintain a minimum clearance of 20 feet from all other structures and tents.

(c) A tent (or tents) shall not be erected on a lot in excess of 30 days within a calendar year, whether separate occurrences or a single occurrence.

(d) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation; and structures.

(e) The lot or site shall be restored to its original condition within two days of removal of the tent.

(f) Except where part of an approved special event pursuant to § 151.026 (D)(8), a farmers market per § 151.025, or a site approved for vehicular leasing or sales, sale of merchandise, leasing, storage, and hiring, uses are expressly prohibited within tents.

(5) Temporary storage in a portable shipping container. Temporary storage in a portable shipping container shall be permitted to serve an existing principal or accessory use, subject to the following standards:

(a) Residential uses. The overnight placement of any moving and/or storage structure, whether temporary or permanent and regardless of size, type or nature, in the paved or unpaved portion of any driveway, or any location on a lot, or in or on any road right-of-way is prohibited and unlawful. Notwithstanding the foregoing, a temporary moving and/or storage structure may be placed on the paved driveway portion of a parcel in conjunction with a bona fide move to or from the parcel resulting from a change in occupancy provided that, in no event, may the moving and/or storage structure remain on the premises for a period exceeding seven consecutive days. Only one placement of such a structure may occur on a parcel during each calendar year absent written proof being provided in advance to the Development Director or his/her designee that a bona fide additional move will occur during the same calendar year relative to the same premises. The Development Director or his/her designee may extend the maximum duration to 30 days if the temporary structure is being used in conjunction with a bona fide home remodeling project associated with an active building permit or other evidence requested by the Development Director.

(b) Nonresidential uses. A portable shipping container shall be located as follows:

1. Prior approval from the Codes Division is required prior to the containers being placed on the lot;

2. Containers shall not be within the front yard;

3. Containers shall not be within ten feet of any lot line or structure;

4. Containers shall not be placed in a manner that impedes ingress, egress, or emergency access; and

5. A container shall not be on an individual lot for more than 12 consecutive months. If the containers need to be on site for more than one year, or a frequently traded out that effectively leaves an area of a site dedicated to the storage of portable shipping containers, a conditional use permit (CUP) is needed to approve longer durations, or a permanent location devoted to portable shipping containers, and the location shall be shown on the site plan for the use.

(6) Temporary structures (as part of institutional uses). Temporary structures serving institutional uses shall comply with the following standards:

(a) Location.

1. Be located to the side or rear of the principal structure(s) and at least five feet from any other structure.

2. Be permitted within the building envelope but not within required off-street parking, open space set-aside, or required landscaping areas.

(b) Standards.

1. Use under skirting or other methods to prevent unauthorized access underneath the structure(s).

2. Incorporate evergreen shrubs planted around the base of the structure, each located at least five feet on-center, when visible from other developed lots or public rights-of-way.

3. Comply with the parking standards for the corresponding use type in §§ 151.115 to 151.117.

4. Not be required to be compatible with the existing principal structure exterior colors or materials.

5. Sales, leasing, hiring, and residential uses are expressly prohibited in temporary structures associated with institutional uses.

1. This use is permitted, if approved by the Development Director, and may remain on the site for no more than three years. This three year period may be renewed for up to two additional one year periods, for good cause shown, upon approval of a written request, submitted to the Codes Division at least 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than five years.

2. Following removal of a temporary structure, the area shall be restored to its original condition, including required trees and shrubs, unless the area is intended to accommodate new construction.

(d) Performance guarantee.

1. A development agreement or other form of performance guarantee may be required for any required screening or to guarantee that the structure is removed and the site is restored to its original condition.

(7) Special events. The intent of this is to assist the Town in providing and coordinating year-round gatherings for the public, known as special events, by ensuring events are both safe and meet the basic needs of participants. An event may be required to obtain Town approvals and permits for the purpose of determining compliance with the Zoning Code and to make provisions for adequate parking and traffic flow, sanitation, security, police, fire and safety protection. Special events have been divided into two classifications based upon their impact to Town property and services and their potential impact on the community.

(a) Class I Special Events.

1. A permit from the Special Events Committee is required in any of the following circumstances when a special event either:

a. Involves the use of Town property (parks, facilities, greenways, trails, public rights-of-way, and the like); or

b. Requires Town services that are deemed “non-basic” as defined in this section.

2. Applications shall be submitted to the Parks and Recreation Department no later than 60 days prior to the event. In these instances, notices shall be given to all affected departments so that they may determine their level of sponsorship. Events in which the Town participates as one of the organizers are not exempt from the requirement of obtaining applicable permits.

(b) Class II Special Events. Any special event that is on private property and does not require Town services (non-basic) shall be considered a Class II Special Event. Examples may include, but are not necessarily limited to, outdoor musicals, concerts, festivals, fairs, carnivals; outdoor races and other forms of competition and athletic events; air shows; equipment shows and promotional events; religious services, classes; meetings; and, parties, not otherwise exempted by this section.

1. Conditional use permit (CUP) required. A conditional use permit (CUP) per § 151.310 permit shall be required for any Class II Special Event which is expected to have over 250 people at any one time attending the event on private property (final attendance estimates may be determined by the Town); or is comprised of any series of related events held at a location on consecutive days, weekends, or dates that is expected to have a cumulative total of over 500 people attending during the course of a calendar year.

a. Exemptions. Regardless of attendance, the following special events are not classified as Class II Special Events and are not required to obtain a conditional use permit:

i. An event that is to be held within a permanent facility specifically approved and permitted for the proposed use or activity. Examples include, but are not limited to, church sanctuaries, country clubs, gymnasiums, assembly or performance halls, and conference centers.

ii. Funeral processions.

iii. Company picnics for nonprofit organization or business.

iv. Private outdoor events on the grounds of existing institutional properties, such as schools or churches that do not block driveways or required parking spaces. In such instances, the applicant may be asked to demonstrate an appropriate physical area for fire protection purposes, as well as appropriate sanitation facilities and road access.

v. An event, such as a neighborhood-wide garage sale or social gathering, that is to be conducted by a duly authorized residential property owner’s association, occurs entirely within the area of its jurisdiction, is arranged primarily for the benefit of association members and does not benefit any outside organization.

vi. An event, or recurring events, held at an outdoor place of public assembly specifically designed for the gathering together of persons for commercial, civic, or social functions, or recreation for food or drink consumption. Examples include, but are not limited to, sports stadiums, pools, athletic fields, outdoor amphitheaters or stages, outdoor dining areas or patios. To be eligible for this exception, the outdoor place of public assembly must be shown on a site plan approved by the Town.

vii. An event wholly contained on property owned by the state or Shelby County that does not have off-site impacts.

b. Applications. Shall be submitted to the Development Department no later than 60 days prior to the event.

1. Special events often require Town services that are considered “non-basic” and beyond normal municipal services. When these non-basic services are required, the event shall automatically be classified as a Class I Special Event and reviewed by the Special Events Committee. If during the review process for a Class II Special Event it is discovered that “non-basic” Town services are needed, the event shall be reclassified as a Class I Special Event and referred to the Special Events Committee. In its review of a Class I Event, the Special Events Committee shall provide notices to all affected Town departments to determine their level of sponsorship. Fees shall be applicable for such services, which may include, but are not necessarily limited to the following:

a. Electrical service;

b. Onsite custodial support;

c. Garbage removal;

d. Traffic control/public safety presence;

e. Police security - after event hours;

f. Onsite stand-by fire personnel, and/or Fire Safety Inspectors; or

g. Onsite staff (for electrical or other problems after regular working hours).

2. Any Class II Special Event that does not meet the attendance threshold of a conditional use permit may still require one or more of the services listed above and therefore be reclassified as a Class I Event. Sponsors of these special events are responsible to notify the affected Town departments and pay appropriate fees.

(d) Permits may be required. In addition to special event permits or conditional use permits required by this section, other Town permits, inspections or other approvals may be required if the special event includes:

1. Structures to be built, such as booths, stands, and the like;

2. The use of a tent or canopy;

3. Any electrical hook up;

4. Amusement rides;

5. Charitable solicitations;

6. Signage that is visible off site;

7. The outdoor display or storage of goods; or

8. The sale of alcoholic beverages.

(8) Town square produce vendor. The sale of vegetables, fruit, and produce on the south side (North Rowlett) of the Town square shall be permitted, with the approval of the Development Director or his/her designee, pursuant to the following:

(a) Each growing season, a maximum of six Town square produce vendor permits shall be valid at any one time for the south side of the square/North Rowlett.

(b) The Development Department shall promulgate administrative procedures forms, and guidelines for Town square produce vendor permits, and shall annually track the permits issued and keep permanent public records.

(Ord. 2011-06, passed 4-25-11; Am. Ord. 2012-02, passed 4-9-12)

§ 151.027 BULK REGULATIONS AND YARD REQUIREMENTS FOR ALL ZONING DISTRICTS.

(A) Residential zoning districts.

	Zone District	Description	Minimum Lot Size	Minimum Lot Width	Maximum Height [2]	Setbacks [5]
FAR	Forest Agriculture Residential	Single-family detached	5 acres	350 ft.	35 ft.	Front [1][3]: 100 ft. Rear: 75 ft. Side: 150 ft. total, neither side less than 75 ft.
R-L	Large Lot/Estate	Single-family detached	2 acres	250 ft.	35 ft.	Front [1][3]: 60 ft. Rear: 50 ft. Side: 100 ft. total, neither side less than 50 ft.
R-L1	Large Lot	Single-family detached	1 acre	150 ft.	35 ft.	Front [1][3]: 50 ft. Rear: 40 ft. Side: 25 ft.
R-25	Low Density	Single-family detached	25,000 sq. ft.	125 ft.	35 ft.	Front [1][3]: 50 ft. Rear: 35 ft. Side: 15 ft.
R-1	Low Density	Single-family detached	15,000 sq. ft.	100 ft.	35 ft.	Front [1][3]: 40 ft. Rear: 30 ft. Side: 25 ft. total, neither side less than 10 ft.
R-1A	Low Density	Single-family detached	12,600 sq. ft.	90 ft.	35 ft.	Front [1][3]: 40 ft. Rear: 30 ft. Side: 25 ft. total, neither side less than 10 ft.
R-2	Medium Density	Single-family detached	11,250 sq. ft.	90 ft.	35 ft.	Front [1][3]: 30 ft. Rear: 30 ft. Side: 20 ft. total, neither side less than 7.5 ft.
R- 2A	Medium Density	Single- family detached	10,000 sq. ft.	80 ft.	35 ft.	Front [1][3]: 30 ft. Rear: 30 ft. Side: 15 ft. total, neither side less than 7.5 ft.
R-3	High Density	Single-family detached and duplex	Single-family detached: 9,000 sq. ft.	Single-family dwelling: 75 ft.	35 ft.	Front [1][3]: 30 ft. Rear: 30 ft. Side: Single-family: 7.5 ft. on each side Duplexes: 10 ft. on each side
R-3	High Density	Single-family detached and duplex	Two-family dwelling: 12,000 sq. ft.	Two-family dwelling: 90 ft.	35 ft.
R-3A	High Density	Single-family detached and duplex	Single-family detached: 6,000 sq. ft.	Single-family dwelling: 60 ft.	35 ft.	Front [1][3]: 25 ft. Rear: 20 ft. Side: Single-family: 12 ft. total, neither side less than 5 ft.* Duplexes: 10 ft. on each side
R-3A	High Density	Single-family detached and duplex	Two-family dwelling: 7,500 sq. ft.	Two-family dwelling: 75 ft.	35 ft.
R-4	Multi-Family	Single-family detached and Multi-family	Greater of 9,000 sq. ft. or 5,445 sq. ft. per dwelling unit	None stated	35 ft.	Front [1]: 30 ft. Rear: 30 ft. Side: 10 ft.
T	Mobile Home Park	Mobile home parks	5 acres for a park 4,500 sq. ft. plot size	None stated	35 ft.	For individual mobile home plots: Front [1][3]: 25 ft. Rear: 15 ft. Side: 10 ft. Perimeter buffer: [4]
R-TH	Townhouse	Townhomes	Lot area may correspond to ground floor area of unit, Density: 1 unit per 5,445 sq. ft. of parcel area	100 ft. Dwelling unit: 20 ft.	35 ft.	Front [1][3]: 30 ft. Rear: 30 ft. Side: 20 ft. total, neither side less than 10 ft. Separation between buildings: 20 ft.
[1] On double frontage lots and corner lots, there shall be a front yard on each street.
[2] Maximum building height, as defined by § 151.003 measured at the front wall or other portion of a building facing the street; however, this limitation shall not apply to structures identified in § 151.005(D).
[3] The front yard requirement for dwellings may be reduced according to § 151.005(A) in certain circumstances.
[4] Around all mobile home parks there shall be provided a 20 foot wide buffer area in addition to the yard requirements above. Landscaping and screening shall be provided.
[5] Appurtenances are permitted to encroach into a required yard according to § 151.005(E) in certain circumstances.

(B) Commercial/office zoning districts.

	Zone District	Description	Area/Lot Size	Maximum Height [2]	Maximum Floor Area Ratio (FAR)	Setbacks [9]
NC	Neighborhood Commercial	Serve the immediate residential neighborhood	Maximum area: 1.5 acres	25 ft.	None	Front [1]: 40 ft. with no parking in front yard 60 ft. with parking in front yard 30 ft. Side: 20 ft. adjoining residential [6], otherwise 10 ft.
SCC	Shopping Center Commercial	Shopping and commercial centers	Minimum area: 6 acres, but internal divisions are permitted [3]	70 ft. [4]	0.25	Front [1]: 50 ft. Rear: 30 ft. rear yard, service court, or combination thereof Side: 20 ft. adjoining residential [6], otherwise 15 ft.
GC	General Commercial	Wide variety of uses generating a large volume of traffic	Minimum lot area: 15,000 sq. ft.	50 ft. [5]	0.25	Front [1]: 50 ft. abutting arterial streets, otherwise 40 ft. Rear: 30 ft. Side: 20 ft. adjoining residential [6], otherwise 10 ft.
MPO	Medical Professional Office	Professional and business offices	No minimum lot size	25 ft.[7][8]	None	Front [1]: 40 ft. Rear: 30 ft. Side: 20 ft. adjoining residential [6], otherwise 10 ft.
[1] On double frontage lots and corner lots, there shall be a front yard on each street.
[2] Maximum building height, as defined by § 151.003 measured at the front wall or other portion of a building facing the street; however, this limitation shall not apply to structures identified in § 151.005(D).
[3] All developments shall meet the minimum site area. However, within the development, internal divisions of property may be allowed which are in conformity with an approved site plan designed as a unified development as defined by § 151.003. There shall be no minimum lot area for these internal divisions of the development, provided that within the entire approved development all requirements of this section are met.
[4] A building, or portion thereof, that extends more than 35 feet above finished grade shall be set back from the required front, side and rear building setback requirement an additional two feet for every one foot of height above 35 feet in height from the finished grade, not to exceed 70 feet in height.
[5] A building, or portion thereof, that extends more than 35 feet above finished grade shall be set back from the required front, side and rear building setback requirement an additional two feet for every one foot of height above 35 feet in height from finished grade, not to exceed 50 feet in height.
[6] The larger setback shall be apply when the nonresidential lot is adjacent to either a residential use or residential zoning district.
[7] A building, or portion thereof, on a property within 1,000 feet of the right-of-way line of Houston Levee Road from Winchester Boulevard southward to SR 385 shall be permitted to exceed 25 feet above finished grade not to exceed 70 feet in height; however, the building shall be set back from the required front, side and rear building setback requirement and additional two feet for every one foot of height above 25 feet from finished grade.
[8] Structures in Seniors Housing Planned Developments may exceed 25 feet above finished grade pursuant to § 151.159.
[9] Appurtenances are permitted to encroach into a required yard according to § 151.005(E) in certain circumstances.

	Zone District	Description	Area/Lot Size	Maximum Height [2]	Maximum Floor Area Ratio (FAR)	Maximu m Lot Coverage	Setbacks [4]
RI	Restrictive Industrial	Least objectionable characteristics	No minimum lot size	60 ft.	None specified	50% of total lot area	Front [1]:40 ft. Rear: 30 ft. adjoining residential [3], otherwise 25 ft. Side: 25 ft.
GI	General Industrial	Well segregated from other industrial uses	2 acres	60 ft.	None specified	50% of total lot area	Front [1]: 40 ft. Rear: 50 ft. adjoining residential [6], otherwise 25 ft. Side: 40 ft. adjoining residential [3], otherwise 25 ft.
[1] On double frontage lots and corner lots, there shall be a front yard on each street.
[2] Maximum building height, as defined by § 151.003 measured at the front wall or other portion of a building facing the street; however, this limitation shall not apply to structures identified in § 151.005(D). In the RI and GI Districts, the Planning Commission, during the site plan review process, may allow for a greater building height provided that no fire hazard is created in the opinion of the Fire Marshal.
[3] The larger setback shall be apply when the nonresidential lot is adjacent to either a residential use or residential zoning district.
[4] Appurtenances are permitted to encroach into a required yard according to § 151.005(E) in certain circumstances.

(D) Site development standards for traditional zoning districts (TN, MU, NC and CB) [1] [11].

	Building/Lot Type
Standard	Residential Detached (Street Loaded)	Residential Detached (Alley Loaded)	Residential Attached	Mixed Use	Non-Residential
Front facade zone [2] [3] [6] [10] [13]	25 - 40 feet [4]	25 - 40 feet [4]	15 - 30 feet [4]	0 - 15 feet	0 - 20 feet
Side yard setback [6] [9] [13]	5 feet	5 feet	[5]	0	0 feet
Rear yard setback [6] [9] [10] [13]	20 feet	5 or 20 feet [10]	5 feet	0 feet	0 feet
Maximum height	[8]	[8]	[8]	[7] [8]	[7] [8]
Minimum lot size [4]	6,000 square feet	3,000 square feet	[12]	None	None
Minimum lot width	50 feet	30 feet	None	None	None

	Building/Lot Type
Standard	Residential Detached (Street Loaded)	Residential Detached (Alley Loaded)	Residential Attached	Mixed Use	Non-Residential
Floor area ratio (FAR)	None	None	None	None	None
Maximum residential density	--	--	[12]	[12]	--
NOTES:
[1] For lots in recorded subdivisions or approved planned developments (PDs) approved prior to (adoption date of 2011-05), the setbacks and lot sizes, and maximum densities shown in this table shall not apply, and the requirements shown on the final plat, outline plan, or conditions on existing lots shall govern.
[2] The front building face or wall should be placed within the front facade zone. The dimensional requirement closest to the street is the minimum front building setback.
[3] For mixed use and single use nonresidential building types, the front building setback shall be measured from the back edge of the sidewalk, not the right-of-way line.
[4] To ensure infill compatibility, where the average front yard for existing adjacent residential buildings is outside of the ranges indicated, the minimum and maximum front yard setbacks shall instead be between 85 and 115% of the average front setback distance from the street established by the existing adjacent homes, unless otherwise modified by the PC or BMA, as applicable.
[5] There shall be a minimum of 0 feet each side, with a minimum of 10 feet between detached buildings.
[6] Within a side yard setback 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 if the length of such wall, provided a minimum of 10 feet between buildings is maintained.
[7] All floor space provided on the ground floor of a mixed use building shall have a minimum floor-to-ceiling height of 11 feet.
[8] The maximum height of buildings within traditional zoning districts shall be based on the special areas in the Downtown Collierville Small Area Plan as follows, and measured in stories from the average grade of the front facade to the eave of the highest story, not including a basement or an attic. Height limitations shall not apply to those elements as regulated in § 151.005(D). Special Area Maximum Height 4 2.5 stories 2, Part of 3 on the south side of Washington St. 4 stories 1, Part of 3 on the north side of Washington St., 5 - 20 3 stories
[9] In the NC Neighborhood Commercial District, a 10 foot landscape buffer yard shall be provided where the lot adjoins a residential use/district. The buffer yard shall contain a mixture of evergreen trees, evergreen shrubs and an opaque masonry wall or fence to be approved by the Historic District Commission or Design Review Commission, as applicable.
[10] See § 151.210 (C)(13) and the Design Guidelines for proper garage placement and setback from an alley or road.
[11] Setbacks, lot widths, or lot sizes beyond the ranges presented in this table or its footnotes, may be modified through the site plan process by the BMA, or the subdivision platting process by the PC, in cases where topographical or natural constraints exist, or where a particular design approach recommended by the Downtown Collierville Small Area Plan warrants a different setback, lot width, or lot size.
[12] 1,200 square feet is the minimum lot size for vertically attached units on a fee simple lot. There is no minimum lot size for other forms of attached residential units (such as stacked flats, apartments, lofts and condominiums) or mixed use structures; however, these forms shall instead be regulated by the maximum residential density based upon the applicable special areas in the Downtown Collierville Small Area Plan. Special Area Maximum Number of Dwelling Units Per Acre (DU/A) 1 15 DU/A 2 and 3 18 DU/A 5, 9, 10, 12, 13, 18 12 DU/A All other special areas N/A The BMA may approve density levels for attached dwellings and mixed use building types above the maximum residential on a case-by-case basis provided that following criteria are met: (a) Sufficient infrastructure exists to serve the proposed development, including, but not limited to, water and sewer systems, streets and traffic signalization, and stormwater management systems; and no excessive burden is placed on parks, recreation areas, schools, police and fire protection and other public facilities which serve or are proposed to serve the development; (b) The proposed development is consistent with the applicable special area and character area policies and recommendations, and character studies found in the adopted Downtown Collierville Small Area Plan; and (c) The proposed development is consistent with the traditional design principles found in Chapter 6 of the adopted Downtown Collierville Small Area Plan are met. [13] Appurtenances are permitted to encroach into a required yard according to § 151.005(E) in certain circumstances.

(Ord. 2011-01, passed 3-14-11; Am. Ord. 2011-05, passed 5-23-11; Am. Ord. 2015-19, passed 11-9-15; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2018-02, passed 8-14-18; Am. Ord. 2019-05, passed 5-13-19)