1. business and industrial

AGENDA NUMBER: PC 15-11
MEETING DATE: May 7, 2015
REPORT TO THE PLANNING COMMISSION
SUBJECT: Ordinance 2015-07 - An ordinance to
amend Title XV, Chapter 151, of the Town of
Collierville Code of Ordinances by amending
§151.003 Definitions; amending §151.006 General
Provisions; amending §151.025 Accessory Uses
Permitted In Each Zoning District; and, establishing
§151.313 Special Exceptions, for the purpose of
updating the Town’s regulations pertaining to fencing
and home occupations and to establish a Special
Exception process.
EXHIBITS
1. Chamber of Commerce Letter of Support for updating
the Home-based Business Regulations, April 15, 2015
2. Ordinance 2015-07 (May 1, 2015)
Attachment A: Home occupations and Special
Exception Process
Attachment B: Fencing
3. Home-based Business Compliance Questionnaire (May
1, 2015)
INTRODUCTION AND BACKGROUND: The purpose of this agenda item is for the Planning Commission to
make a recommendation to the Board of Mayor of Aldermen (BMA) on Ordinance 2015-07, as included in Exhibit
2. This “cleanup” ordinance is intended to address two areas: home occupations/home-based businesses and fencing.
Related to home-based businesses, the Collierville Chamber of Commerce created a committee to craft language to
present to the Town to increase flexibly for home-based businesses (see Exhibit 1). Attachment A to Ordinance
2015-07 was developed with input from the Chamber as a result of multiple meetings with Town staff. Related to
fencing, staff has developed the proposed edits to improve usability and address issues such as how to measure fence
heights on a slope, which has prompted several Board of Zoning Appeals Variance cases over the past few years.
DISCUSSION: Home-based businesses for properties that have 3 or more acres and have gone through the
Conditional Use Permit (CUP) process (Type 2 Home Occupation) have more flexibility than smaller lots, and
Ordinance 2015-07 does not materially change that process. The changes are intended to address primarily Type 1
Home Occupations, which are less intensive and permitted “by right” in residential zoning districts with little
regulatory oversight other than having to complete a “Home-based Business Compliance Questionnaire” when a
resident applies for a Town of Collierville Business License (see Exhibit 3). This two-tiered system was created in
2011 when the Town became concerned about the proliferation of home-based business and the need for more
oversight to make sure that the impacts from such activities on residential neighborhoods are minimized. The
following is a summary of the proposed changes related to home-based businesses (see Attachment A to Exhibit 2).
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Use of Accessory Structures: Home-based businesses cannot actually be conducted (office space) from
within an accessory structure (like a storage building or detached garage), but applicants could now store
equipment or materials in such accessory structures.
Customers Coming to the Home: No more than two customers or clients can actually come to the residence
a week and any such visit will only be by appointment, as opposed to none currently.
Deliveries Clarified: Deliveries associated with the home business will be limited to a maximum of one (1)
per week (above and beyond any normal household parcel delivery). This distinction was unclear before and
could have been interpreted too strictly.
Employees: The employees for the home business will be residents of the home and no outside employees
will work from the residential address; however, employees can now come by the home on occasion.
Vehicle Trips Clarified: Business trips will be limited to a maximum of 2 per day (above and beyond any
normal household daily trips). This distinction was unclear before and could have been interpreted too
strictly.
Expanded Business Activities for Type 1 Home Occupations: The Chamber has requested that a “Special
Exception” process be created to allow the Type 1 Home Occupation to undertake additional business
activities (review fee, 30 day+/- public process, etc. applicable). Such activities would include customers and
5/1/2015 3:15:03 PM
Page 1 of 2
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employees being able to come the house, additional deliveries and vehicle trips allowed, and being able to
have an office in a detached structure (like a garage). The way the ordinance is constructed, Special
Exceptions applications would be heard by the Planning Commission only after being publically advertised
with the primary focus being to make sure that the additional business activities do not adversely affect or
perceptively alter the character of the home, lot, and surrounding area or create a hazard. The Town Attorney
is currently reviewing this new process to see if it is appropriate for the Board of Mayor and Aldermen to
delegate this process to the Planning Commission, as State Law gives the Board of Zoning Appeals the
authority to review “special exceptions”. Decisions of the Board of Zoning Appeals go directly to a higher
court, and not the Board of Mayor and Aldermen. Ordinance 2015-07 may need to be amended to address
these procedural and jurisdictional issues.
Public Notice: The new Special Exception process will require that postcards be sent to property owners
within 100 feet of the subject property, while the existing Conditional Use Permit (CUP) advertising radius
will be increased by Ordinance 2015-07 from 300 feet to 500 feet to be more consistent with other
application types (rezoning, site plans, Planned Developments, etc).
The following is a summary of the proposed changes related to fencing (see Attachment B to Exhibit 2), which is
largely reformatting with no major policy changes:
 Improve Usability: Through the use of section headings, a purpose statement (e.g. quality, proper draining,
proper screening/buffering), and tables, the fence ordinance should be “modernized” and easier to use.
References have been made to the Design Guidelines and Historic District Guidelines.
 Measuring Fence Height: This ordinance will clarify how to measure fence heights on a slope, which has
caused several Board of Zoning Appeals Variance cases over the past few years.
 Maintenance: Language has been added to require rot-resistant materials for wooden fence panels and to
require perpetual maintenance. These sections will aid in preventative and reactive enforcement action to
require that fences be properly maintained.
ALTERNATIVES AND EXAMPLE MOTION: If the Planning Commission wishes to study these matters further
then deferral to the June 4, 2015, regular meeting would be appropriate as Ordinance 2015-07 is not time-sensitive.
If the Planning Commission is in agreement with the current language in Attachments A and B, then below is an
example motion:
To recommend to the Board of Mayor and Aldermen approval of Ordinance 2015-07 for the purpose of updating the
Town’s regulations pertaining to fencing and home occupations and to establish a Special Exception process, as
included in Exhibit 2.
Applicant
(fence permit portion)
Contact:
Jason Gambone
Organization:
Town of Collierville
500 Poplar View Parkway
Collierville, TN 38017
Address:
Applicant
(home-based business portion)
Project Planners
Kanette Keough-Rodgers
President/CEO
Collierville Chamber of Commerce
485 Halle Park Drive
Collierville, TN 38017
Jaime Groce, AICP (Primary)
Sean Isham, AICP
Planning Division
500 Poplar View Parkway
Collierville, TN 38017
Phone:
Fax:
901-457-2304
901-457-2354
901-853-1949
901-853-2399
901-457-2366
901-457-2354
Email:
[email protected]
[email protected]
[email protected]
5/1/2015 3:15:03 PM
Page 2 of 2
Exhibit 1
April 15, 2015
Town of Collierville Planning Commission and Board of Mayor and Aldermen:
The vision statement of the Collierville Chamber of Commerce is to be the leading
advocate for growth and profitability of the business community and to promote
corporate leadership.
After a recent situation brought to light the need to review the current ordinances, the
Collierville Chamber of Commerce formed an Ad Hoc committee. Representing the
Town were Jaime Groce, Jason Gambone, and Nancy Boatwright; from the Chamber
were John Barrios, Michael Meindl, Don Kitchens, Terry Cochran, Dave Nelson, Matt
VanCleve, Bonnie Allman, Amber Lombardo, Becky Hammond, Kanette Rodgers, and
Fran Persechini.
The committee met on three occasions to review the existing ordinances 151.003 and
151.025 and to draft recommendations of edits to the Planning Department. The
Chamber and the Town both recognized that home occupations represent an
opportunity to grow small businesses into larger businesses. Both entities agreed
policies should be directed towards encouraging the growth of home-occupations while
minimizing potential neighborhood impacts including noise, parking, vehicular and
traffic, and waste production/disposal.
The Collierville Chamber of Commerce feels the proposed edits are in accordance with
the recommendations set forth by the Ad Hoc committee. We therefore support the
attached proposed edits to the Home Occupation Ordinances, 151.003 and 151.025.
We respectively request your consideration and approval.
Kanette Keough-Rodgers
President/CEO
The Collierville Chamber of Commerce
485 Halle Park Drive
Collierville, TN 38017
Office: 901-853-1949
Cell: 901-340-4854
Fax: 901-853-2399
[email protected]
www.ColliervilleChamber.com
www.ColliervilleExpo.com
Exhibit 2
ORDINANCE 2015-07
AN ORDINANCE TO AMEND TITLE XV, CHAPTER 151, OF THE TOWN OF
COLLIERVILLE CODE OF ORDINANCES BY AMENDING §151.003 DEFINITIONS;
AMENDING §151.006 GENERAL PROVISIONS; AMENDING §151.025 ACCESSORY
USES PERMITTED IN EACH ZONING DISTRICT; AND, ESTABLISHING §151.313
SPECIAL EXCEPTIONS, FOR THE PURPOSE OF UPDATING THE TOWN’S
REGULATIONS PERTAINING TO FENCING AND HOME OCCUPATIONS AND TO
ESTABLISH A SPECIAL EXCEPTION PROCESS.
WHEREAS, the Board of Mayor and Aldermen has identified a need to update and revise the
Town’s ordinances relative to home-based business, fences, conditional use
permits, and to create a special exception process; and,
WHEREAS, the Collierville Planning Commission reviewed the proposed amendment during
its regular meeting held on __________________, 2015, and made a
recommendation to the Board of Mayor and Aldermen that the proposed
amendment be approved; and,
WHEREAS, a public hearing before the Board of Mayor and Aldermen was held on
__________________, 2015, pursuant to notice thereof published in a newspaper
of general circulation within the community on _______________, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN
FOR THE TOWN OF COLLIERVILLE, TENNESSEE, THAT:
Section 1.
Title XV, Chapter 151, of the Town of Collierville Code of Ordinances §151.003
Definitions; §151.025 Accessory Uses Permitted In Each Zoning District; and,
shall be amended, and §151.313 Special Exceptions shall be established, as
included in attached Attachment A.
Section 2.
Title XV, Chapter 151, of the Town of Collierville Code of Ordinances, §151.006
General Provisions, shall be amended as included in attached Attachment B.
Section 3.
TRANSITIONAL RULES. The purpose of transitional regulations is to resolve
the status of pending applications or recent approvals of fences at the time of the
adoption of this ordinance. Any violation of previous versions of Title XV,
Chapter 151 shall continue to be a violation under this ordinance, unless the use,
activity, or structure complies with the provisions of the amended zoning
ordinance. Payment shall be required for any civil penalty assessed under the
previous regulations, even if the original violation is no longer considered to be a
violation under this ordinance.
Ordinance 2013-01
8/1/13
Section 4.
BE IT FURTHER ORDAINED that this ordinance shall become effective
immediately after its passage on the third and final reading, in accordance with
the Charter of the Town of Collierville, the public welfare requiring it.
Passed First Reading:
Passed Second Reading:
Passed Third Reading:
_____________________________
Stan Joyner, Mayor
ATTEST: ____________________
Town Clerk
2
Attachment A
§151.003 DEFINITIONS
HOME OCCUPATION. A business, profession, occupation, or trade that is conducted within a residential dwelling unit, or
in some cases in a detached accessory structure, and is incidental and secondary to the residential use of the lot and
that does not adversely or perceptively affect the character of the lot or surrounding area.
§151.025 ACCESSORY USES PERMITTED IN EACH ZONING DISTRICT (D)
Accessory
Use/ Structure
FAR
R-L
R-L1
R-25
R-1
R-1A
R-2
R-3
R-3A
R-4
R-TH
T
TN
CB
MU
Home
Occupation
(Type 1)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
Home
Occupation
(Type 2)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
CUP
(8)
(8)
(8) Home occupations.
(a) Applicability. Home occupations, 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
Procedure
Minimum lot
size
Extent of the
residential
property used
and process
Use of dwelling
unit
Use of
accessory
structure(s)
Type 1 Home Occupations
Type 2 Home Occupations [2]
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.
None
Three acres
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.
No home occupation shall be conducted in any
accessory structure (excludes the storage of
equipment or materials related to the home
occupation). [1]
A home occupation may be conducted in an accessory
structure.
Traffic
generation
Customers or
clients
None permitted to come to the residence. Max. of
two per week (by appointment only). [1]
Max. of ten per week permitted to come to the
residence.
Deliveries
associated with
the home
business
Max. of one two deliveries per week above and
beyond normal household parcel delivery. [1]
Max. of ten per week above and beyond normal
household parcel delivery.
Employees either working
out of the home
or convening at
the home at any
time
Limited to residents of the home. No outside
employees are permitted to visit work out of the
home for business related purposes. [1]
Limited to residents of the home plus a maximum of two
outside employees who are not residents of the home.
Other business
trips
Max. of two per day above normal single family
home traffic generation (ten trips per day). [1]
Max. of ten per day above normal single family home
traffic generation (ten trips per day).
Quantity
Max. of one 32-gallon residential waste container per
week.
Max. of two 32-gallon residential waste containers per
week.
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.
None permitted [1]
Limited assembly, repair, or manufacturing activities
permitted.
None permitted. There shall be no sales of
merchandise in connection with such home
occupation directly to customers at the physical
home/business address; however, telephone and
internet sales are permitted. [1]
None permitted. There shall be no sales The sale of
merchandise directly to customers at the physical
home/business address is permitted by
appointment only in connection with such home
occupation.
None permitted.
Permitted, but must be in a rear yard and completely
screened from view off of the property.
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 may be needed to
accessory structure(s) or for screening of outdoor
activity associated with the home occupation.
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.
Solid waste
generation
Special
limitations on
home
occupation
uses
Repair and
manufacturing
Sales
Exterior storage
Changes to
principal
dwelling or
premise
Detectable
evidence of the
conduct of
such home
occupation
Noise, vibration,
glare, fumes,
odors, and the
like
[1] Through a Special Exception issued by the Planning Commission pursuant to § 151.313, a Type 1 Home Occupation may be able to undertake
additional business activities (within maximum limitations applicable to a Type 2 Home Occupation). The Planning Commission shall base its
determination on the following:
a. the additional business activities do not adversely affect or perceptively alter the character of the home, lot, and surrounding area or create a
hazard;
b. the applicant has completed a Home-based Business Compliance Questionnaire and has signed a Statement of Understanding and
Compliance; and
c. public notice has been provided pursuant to §151.313.
[2] A Type 2 Home Occupation in certain zoning districts requirement approval by the Board of Mayor and Aldermen pursuant to §151.310
CONDITIONAL USE PERMITS. See §151.025(D).
§ 151.310 CONDITIONAL USE PERMITS
(A) Authority. The Board of Mayor and Aldermen, with a recommendation from the Planning Commission, may hear
and decide, in accordance with the provisions of this chapter, requests for conditional use permits. For the purpose of
administration of this chapter, conditional uses shall be construed as synonymous with the term special exceptions, as
such later term is used in Tenn. Code Ann. §§ 13-7-206 and 13-7-207, but a different process than described in §
151.313 SPECIAL EXCEPTIONS.
…
(E) Notice of public meeting. The notice of a public meeting of the Planning Commission or Board of Mayor and
Aldermen to discuss a conditional use permit shall be published in a newspaper of general circulation to the Town of
Collierville at least ten days before the date set for a public meeting. A written notice of the public meeting shall be sent by
mail to property owners located within 300 500 feet of the subject parcel on all sides at least ten days before the meeting.
§ 151.313 SPECIAL EXCEPTIONS
The Special Exception process is intended to provide regulatory and procedural oversight for situations where a
particular aspect of a use, structure, or activity, although not inherently inconsistent with the intent and purpose
of a particular zoning district, could adversely or perceptively affect the character of the lot or surrounding area
or create hazards if allowed to develop or locate as a matter of right in a particular zoning district.
(A)
Authority. The Planning Commission may hear and decide, in accordance with the provisions of this
chapter, requests for Special Exceptions. For the purpose of administration of this chapter, Special Exceptions
shall be construed as synonymous with the term special exceptions, as used in Tenn. Code Ann. §§ 13-7-206 and
13-7-207, but a different process than described in § 151.310 CONDITIONAL USE PERMITS.
(B) Procedure. Special Exceptions shall be reviewed by the Planning Commission and may be authorized,
conditionally approved, or rejected utilizing the procedures set forth in this chapter. A written application for a
Special Exception shall be filed along with payment of an application fee as prescribed in Resolution 98-28 (as
amended) with the Planning Commission by the property owner or his or her designated agent on a form
provided by the Town Planner. The application shall contain information and exhibits as may be required. An
incomplete application or an application that fails to meet minimum submittal requirements shall be returned to
the applicant by the Town and shall include a written statement enumerating the deficiency(ies) in the
application. The completed application or any proposed supplement thereto shall be submitted in compliance
with the then existing required deadlines as set periodically by the Development Director.
(C) Notice of public meeting. The notice of a public meeting of the Planning Commission to discuss a Special
Exception shall be published in a newspaper of general circulation to the Town of Collierville at least ten days
before the date set for a public meeting. A written notice of the public meeting shall be sent by mail to property
owners located within 100 feet of the subject parcel on all sides at least ten days before the meeting.
(D) Requirements for special exception. The Planning Commission may impose additional conditions and
restrictions upon the premises benefitted by a Special Exception as may be necessary to comply in order to
reduce or minimize the injurious effect of such Special Exception upon surrounding areas and insure
compatibility with surrounding property and in the furtherance of the general purposes of this chapter. The
Planning Commission shall base its determination on the following:
a. the particular aspect of a use, structure, or activity, does not adversely or perceptively affect
the character of the home, lot, and surrounding area;
b. the particular aspect of a use, structure, or activity, does not create a hazard; and
c. public notice has been provided pursuant to §151.313(c).
(E) Effective period of approval. The approval shall become effective immediately, unless otherwise specified in
the conditions of approval.
(F) Validity of Approval. All approved plans, conditions, restrictions and requirements made part of the
approval shall run with the land and the subject property shall conform to the same at all times, unless otherwise
specified in the conditions of approval.
(G) Appeal of decision of Planning Commission. Any person aggrieved by a decision of the Planning
Commission relative to a Special Exception may file a written appeal to the Board of Mayor and Aldermen within
30 days of the Planning Commission’s decision to be heard on the next available agenda of the Board of Mayor
and Aldermen. The judgment and findings of the Board of Mayor and Aldermen on all questions of fact that may
be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review
only for illegality or want of jurisdiction.
Attachment B
§ 151.006 GENERAL PROVISIONS FOR ALL DISTRICTS.
…
(C) Fences, walls and hedges.
(1) Purpose and Intent. The Town of Collierville recognizes the health, safety,
aesthetic, and economic value of walls and fences. These provisions are intended
to:
(a) Allow for areas on-site for privacy, while maintaining the Town’s general open
design along streets;
(b) Provide screening and mitigation of potential conflicts between active areas
and more passive areas;
(c) Enhance the overall aesthetic conditions within the Town;
(d) Limit sight line obstructions;
(e) Reduce the potential for criminal and illegal activities; and
(f) Prevent conflicts with utilities and drainage flow.
Fences, walls and hedges may be permitted in any required yard or along the edge of
any yard, except as prohibited in division (B) of this section and in accordance with
the following criteria.
(2) Applicability.
(a) General.
Except where expressly exempted, these standards shall apply to all
development and redevelopment.
(b) Fence Permit Required.
It shall be unlawful for any contractor, individual or property owner to commence
the installation of a fence or wall until the Development Department Code
Compliance Officer has issued a fence permit for such work. Any fence permit
issued in conflict with the provisions of this chapter shall be null and void. It shall be
the responsibility of the contractor, individual or property owner to correct any
violations that may exist as determined by the Development Director (or his/her
designee) Code Compliance Officer within a reasonable time period specified by the
Development Department Code Compliance Officer.
(3) Measurement of Fence and Wall Height.
(a) Determination of height. Fence height is measured to include the body of the
fence, plus allowing a maximum of six inches (on average between posts) above
the natural grade (i.e. for drainage purposes). Masonry columns and fence
posts are permitted to extend a maximum of 12 inches above the body of the
fence. In the event fence height has been elevated through the creation of a
berm, or other method for the primary purpose of increasing the elevation of
the fence, the fence height is measured from the ground elevation prior to grade
modification.
Attachment B
(b) Variations. To allow for minor variation in topography (less than one foot of
grade change over twelve feet), the height of a fence or wall may vary up to six
inches. In cases where the slope is greater than one foot of grade change over
twelve feet between the ends of a particular section of a fence or wall, the height
of that section of the fence or wall may vary up to eighteen inches provided any
fence or wall steps are proportional.
(c) Average Finished Grade. The average finished grade shall be construed as the
average grade measured at a point three feet on each side of the fence. In the
case of a fence on a retaining wall, adjacent grade shall be the grade of the top
of the wall.
(d) Maximum Height. The average height of a fence or wall shall not exceed the
maximum height allowed.
(4) Maximum Height by Function and Location
(a) Height
Fences or walls shall not exceed the height as depicted in the table below.
FENCE AND WALL HEIGHT
Maximum Height
Fence or Wall Function
Front
Yard
(feet)
Side Yard,
Rear Yard,
(feet)
Dumpster, refuse area, loading area, or recycling container
screen walls in non-residential zoning districts
The greater of: 8 feet or 2
feet taller than the
container being screened
Exterior storage (Site Plan approved) in industrial zoning districts
The greater of: 15 feet or
2 feet taller than the
materials being screened
Residential, except as noted
Nonresidential and mixed-uses
All other fences & walls
Perimeter Common Open Space or
Reversed Frontage Lot
FAR, R-L, R-L1 districts
Notes:
1.
2.
3.
4.
5.
[1][2][4]
6
[2][3][4]
8
4
8
[5]
6
[2][3]
6
[5]
6
6
For corner lots, see §151.006 (C)(9) for allowable front yard exceptions.
Front yard fences up to 4 feet in height shall have a maximum opacity of 50%.
Front yard fences greater than 4 feet in height shall have a maximum opacity of 25%.
In the Historic District, front yard fences are limited to a maximum height of 3.5 feet.
A perimeter Common Open Space or Reversed Frontage fence or wall abutting an
arterial street or a four-lane or greater collector street as designated by the Collierville
Major Road Plan may rise to a maximum height of six feet subject to the review and
approval of the Design Review Commission.
6. In the Historic District, fences and walls visible from a public right-of-way require the
approval of the Historic District Commission.
Attachment B
(5) Materials.
Fences and walls, with the exception of retaining walls in front, side and rear yards
must be constructed of brick, ornamental iron or aluminum, vinyl, or rot resistant
wood, unless otherwise provided herein or in the Design Guidelines. The Design
Review Commission or the Historic District Commission may approve alternative
materials.
(8 6) Prohibited Materials.
Specifically prohibited fencing materials shall include, vinyl coated chain link and chain
link (except as may be authorized by the Development Director (or his/her designee) or
the Design Review Commission for legally approved animal boarding or health care
facilities, side and rear yards of RI and GI Districts when abutting similar zoned
properties, municipal and governmental facilities, and when used for sports facilities to
protect health, safety and public welfare), wire mesh or single wire or electrified
fencing (except in relation to active livestock and farming operations or when used
in combination with wooden fences as may be authorized by the Design Review
Commission), cinder block or concrete block and barbed wire. Wire mesh, single wire,
or electrified fencing are prohibited except in relation to agricultural uses or when
used in combination with wooden fences as may be authorized by the Design
Review Commission or the Historic District Commission (if located in the
Collierville Historic District).
(2 7)
Front Yard Fences or Walls.
Fences and walls with the exception of retaining walls of not more than 48 inches in
height may be allowed in front yards, subject to review and approval of the Design
Review Commission and as noted in the table included in § 151.006(C)(4). In the
Historic District, fences and walls with the exception of retaining walls of not more
than 42 inches in height may be allowed in front yards, subject to review and
approval of or the Historic District Commission (if located in the Collierville Historic
District) and as noted in the table included in § 151.006(C)(4).
(3 8)
Opacity.
Opacity, or the degree of openness to which light or views are blocked measured
perpendicular to the fence for each fence section between supports, is limited as
follows. The following limitations are meant to maintain an open appearance along
public streets and to prevent crime.
(a) Limitations. Except where specifically permitted otherwise, the body of a fence
located between a street and a principal structure shall be limited to:
(i) A maximum opacity of 50% for fences up to four feet in height;
(ii) A maximum opacity of 25% for fences greater than four feet in height.
Attachment B
(b) Exceptions. The following fences are exempt from opacity limitations:
(i) A perimeter Common Open Space or Reversed Frontage fence or wall
abutting an arterial street or a four-lane or greater collector street as
designated by the Collierville Major Road Plan subject to the review and
approval of the Design Review Commission or the Historic District
Commission (if located in the Collierville Historic District);
(ii) A screening fence or wall required by the Code of Ordinances, Design
Review Commission, or Historic District Commission;
(iii) A screening fence or wall required by a condition of approval for a
development;
(iv) An opaque fence on a corner lot as specifically exempted by §151.006(C)(9);
(v) Masonry walls subject to the review and approval of the Design Review
Commission or the Historic District Commission (if located in the
Collierville Historic District);
(vi) A retaining wall as approved by the Development Director (or his/her
designee), the Design Review Commission, or Historic District
Commission;
(vii) Vegetation growing adjacent to or on a fence will not be considered in
determining compliance with the opacity requirements for fences; and
(viii) For the purposes of fence opacity limitations, an alley is not considered a
street.
Fences and walls with the exception of retaining walls in front, side and rear yards
must be constructed of wood, brick, vinyl or ornamental iron or aluminum and
may not exceed a height of six feet (exclusive of minimum required ground
clearance), unless otherwise provided for in the Design Standards Manual. The
Design Review Commission may approve alternative materials. Height shall be
measured from the finished surface of the top of the fence to the finished grade. In
side and rear yards, fences may be constructed on the lot line except as limited by
the approved final subdivision plat or site plan. On interior lots, fences exceeding
48 inches in height shall not extend beyond the front face of the structure except as
provided in these regulations.
(4) Fences, walls and hedges shall not obstruct visibility for sidewalks, streets and
other public ways. No fence, wall or hedge shall be erected or placed in such a
manner as to impede vision between a height of two and one-half and ten feet. This
restriction applies to that area formed by the centerline of streets at a distance of
100 feet from their intersections.
(5 9) Corner Lots.
Attachment B
On corner lots, fences, walls and hedges shall be permitted in side and rear yards. Fences
and walls exceeding 48 inches in height shall not be permitted beyond the front face of
the primary structure or the front yard setback line, whichever distance from the
property line is greater, on the street side on which the house faces. However, on the
street side on which the house does not face, an opaque fence or wall not exceeding six
feet in height may extend no more than ten feet into the front yard setback (See Exhibit
“B” to this ordinance). In no case shall a fence or wall greater than 48 inches in height
be located closer than 20 feet from the back edge of the curb.
(6 10) Finished Side of Fence Facing Public Areas.
All fences, regardless of type or material, shall have the finished side facing public
rights-of-way, common open areas, parkland or greenbelt areas and other public areas.
(7 11) Transition Height between Adjoining Fences.
A fence or wall being installed that varies in height with other fences shall transition the
height of the fence to match the adjoining fence. The transition shall be provided over a
minimum distance of eight feet or 4:1 ratio. Abrupt changes in height between fences
shall not be permitted.
(12) Prohibited Locations.
No fence or wall shall be installed that:
(a) Encroaches into an alley (except for temporary fencing necessary for public
safety);
(b) Blocks or diverts a natural drainage flow on to or off of any other land;
(c) Compromises safety by blocking vision at street intersections or obstructs the
visibility of vehicles entering or leaving driveways or alleys (see also § 151.006
B) ;
(d) Blocks access to any above ground or pad-mounted electrical transformer,
equipment vault, or similar device. A 15 foot clear access must be provided for
maintenance of Memphis Light, Gas, and Water pad mounted transformers;
(e) Removes, as determined by the Development Director or his/her designee, or
significantly damages a tree located within a Tree Protection Zone; or
(f) Is located within six feet of a fire hydrant.
(9 13) Drainage Flow and Drainage Easements.
Fences and walls must be installed to provide sufficient clearance from the bottom of
the fence to the ground so drainage will flow freely and not negatively impact any
adjacent property owner. Fences located in or along drainage easements shall have a
minimum ground clearance of two inches. Greater clearance may be required by the
Town Engineer to prevent adverse effects on drainage flow.
Attachment B
(10) No fence or wall shall block access to any above ground, pad mounted electrical
transformer installed and maintained by Memphis, Light, Gas and Water. A 15
foot clear access must be provided for maintenance of MLGW pad mounted
transformers.
(11 14) Reverse and Double-Frontage Lots.
Fences on double frontage lots and reverse frontage lots where the rear or side yards face
a public right-of-way shall be maintained by the property owner or by an established
homeowner’s association. In subdivisions where there is no homeowner’s association,
access gates shall be installed on all properties which abut the public right-of-way. All
landscaped area from the fence line to the pavement edge shall be maintained by the
property owner in accordance with Town regulations. All fences on double frontage lots
must have the finished side of the fence facing the public right-of-way.
(12 15) Maintenance.
Lack of proper maintenance and upkeep of a fence or wall shall constitute a
violation of these regulations. Lack of proper maintenance shall include, but not be
limited to, rotten or deteriorated structural members, missing or broken
components, excessive sagging of structural members or warping or distortion of
planks and fence or wall materials. Fences, walls and hedges that abut a public rightof-way or Town park and greenbelt property shall be maintained and kept in good repair
by the property owner and/or homeowner association.
(13 16) Double Fences.
Double fences shall be allowed in the side and rear yards with the exception of double
frontage or reverse frontage lots where rear property lines face a public right-of-way. A
fence permit shall be required prior to the installation of a double fence. A double fence
may be installed on the opposite side of a common property line where a fence has been
installed that does not provide adequate screening measures, including, but not limited
to, height of opposing fence installed below the prescribed maximum height or the use
of transparent materials such as chain-link fencing. Double fences shall be installed
against the property line so as to prevent non-maintainable land between fences.
(14) Lack of proper maintenance and upkeep of a fence or wall shall constitute a violation of
these regulations. Lack of proper maintenance shall include, but not be limited to, rotten
or deteriorated structural members, missing or broken components, excessive sagging of
structural members or warping or distortion of planks and fence or wall materials.
(15 17) Standard Swimming Pool Code.
Attachment B
In accordance with the Standard Swimming Pool Code adopted by the Town of
Collierville, as amended, fencing for pools shall be a minimum of 48 inches in height as
measured from the finished grade. All other fence provisions in the Standard Swimming
Pool Code as amended shall apply.
(16 18) Public Easements.
Fences, walls and hedges installed in or along public easements (utility, drainage,
pedestrian and the like) are subject to removal at the owner’s expense in the event
maintenance or construction work is required within or along the public easement.
Exhibit 3
Home-based Business
Compliance Questionnaire
Name of Applicant(s)
Home Business Address:
City:
State:
Telephone No:
Fax No:
Email:
Zip:
Business Name:
What type of home-based business would you consider your use to be?
Check below the use that best describes your home-based business. If yours is not listed, please specify below
where provided.
□ Counseling Services
□ Accountant
□ Insurance Agent
□ Office for Direct Sales
□ Lawyer
□ Architect
(customer contact is via
□ Manufacturer‘s Representative
□ Artist
phone/internet or off-site
□ Author
□ Office for Mobile Service Provider
consultation)
□ Catering
□ Planner
□ Small-scale Child Care
□
Contractor
□ Sculptor
□ Barbershop
□ Consulting Services (including such uses as
□ Songwriter
□ Beauty shop
Designer, Draftsman, Graphic Artist, Information
□ Traveling Salesperson
□ Gift shop
Technology Consultant, Management or Financial
□ Teacher (in such areas as tutoring in
□ Gun sales
Consultant, Real Estate Agent, or like profession)
art, dance, and music or other like
□ Data Entry
disciplines)
□ Engineer
If your use is not listed above, please describe your home-based business:
□
Florist shop
Your Relationship to this Residential Address:
Yes
Yes
No
No
Do you actually live at the home?
Do you rent the home from someone? If yes, then:
What’s the name of Title Holder (if you are not the owner):
Interior Use of the Residential Structure
Yes
No
Yes
No
Yes
No
Is more than 25% of the total floor area of the home (principal structure) used for the home-based
business? For example, if you have a 2,000 square foot house, is more than 500 square feet of your
home devoted to your business?
At this location do you provide storage for another agricultural or nonresidential business occurring
elsewhere at another address?
Do/will you store material, equipment, or other articles associated with the home occupation outside the
primary structure? If yes, then:
Are they visible from a public street?
Yes
No
Traffic Generation
Customers (coming to the home for business)
Yes No Does your business have customers coming to your home? If yes, then how many people per:
Day______
Week_____
Yes No Does your business provide personal services with more than one (1) customer or client at a time?
Yes No Do you schedule appointments?
Yes No Do you sell merchandise directly to the customer at the physical business address?
Yes No Do you sell merchandise via the telephone or internet?
Yes No Do you provide instruction or counseling services?
If so, do you provide services to more than two pupils or clients at a time?
Yes
No
If so, do you provide family counseling sessions?
Yes
No
Home-Based Business Questionnaire (rev. 5/1/15)
Page 1 of 4
Traffic Generation (continued)
Deliveries
Yes
No
Does your business require deliveries (above and beyond normal household parcel delivery)? If yes,
then how many per week?_______
Employees
Yes
No
Will/do you employ a person who does not reside on the premises? If yes, then how many?
□ 1 employee
□ 2 or more outside employees
If you have employees, do they come to the premises to do work on-site or carpool?
Yes
No
Daily Business Round Trips
Yes
No
Does your home business require that you perform a “round trip” during the day? If yes, then how
many?
□ 1 or 2
□ 3 to 6
□ 7 or more
Vehicles and Trailers Needed for your Home-Based Business
Parking or storage of business vehicle(s)
Yes No Does your home business use vehicles (other than your personal vehicle)? If yes, then I/we use ____
total vehicles and they are parked (check all that apply):
□ in the Driveway
□ on the street
□ on-site in a garage
□ parked in off-site Storage
Parking of vehicle with Exterior Ladders and Pipe Racks
Yes No Does your home business use vehicles with exterior ladders/pipe racks? If yes, where are the parked:
□ _____ in a garage (on the property)
□ _____ in storage (off the property)
□ stored outside on-site, but fully screened from public right-of-way
Trailers
Yes No Does your home business use trailers? If yes, then:
□ _____ in a garage (on the property)
□ _____ in storage (off the property)
□ _____ stored outside on-site, but fully screened from public right-of-way
Advertising and other Visible Evidence of the Home-Based Business
General Evidence of Business Activity
Yes No Because of the home-based business, have/will you change the external appearance of the existing
dwelling or other structures on the premises?
Yes No Will an accessory structure or the exterior yard be used for the home-based business in any way
(garage, storage building, pool, carport, patio, etc)? If yes, describe how it will be used below:
Yes
No
Does your home-based business create noise, vibration, odor, glare, fumes, electrical, or
communications interference that can be detected by the normal senses off the premises, including
visual or audible interference with radio or television reception?
Signage
Yes No
Do you use signs or other means of advertising on the property?
If yes, does your advertising (paper, flyers, website) for your home-based business call attention to the
home’s address? (Check all that may apply)
□ Using PO Box for mailings
□ Using Home Address
□ Using phone number
□ Using pictures of home/neighborhood
Yes No Do you use signs or other means of advertising on your vehicles?
Solid Waste (e.g. garbage) Quantity
Yes No Not including the single residential garbage can issued to your home, do you use/need extra solid waste
containers? If yes, how many?
□ 1 at 32 gallon
□ 2 at 32 gallon
□ 3 at 32 gallon
Home-Based Business Questionnaire (rev. 5/1/15)
Page 2 of 4
Repairing and Manufacturing
Yes No Do you do repair/manufacture with your home-based business? If yes, how would you characterize it?
□ Minor repair, assembly, manufacturing
□ Limited repair or assembly. Machinery may be operated in short bursts no longer than 10 minutes per
hour.
Type of Home-Based Business (mark only one):
I have truthfully signed the attached Statement of Understanding and Compliance for a “Type 1” Home
□
Occupation/Home-based Business and can operate my business model accordingly to remain compliant with
local zoning regulations applicable to a residential neighborhood.
I cannot truthfully sign the attached Statement of Understanding and Compliance for a “Type 1” Home
Occupation/Home-based Business, as there are one or more aspects of my business model that I cannot
comply with (e.g. retail sales from the home, numerous deliveries to the home, non-resident employees
working from the home, etc).
□
Because of this, I intend to (select one):
□ apply to the Planning Commission for a Special Exception to allow the Type 1 Home Occupation to
undertake additional business activities (review fee, 30 day public process, etc. applicable); or
□ apply to the Board of Mayor and Aldermen for a Conditional Use Permit to conduct a “Type 2 Home
Occupation” (3-acre lot size minimum, review fee, 60 day public process, etc. applicable).
For Development Department Use Only:
□ Conducting such a home-based business in a residential neighborhood as described in the Compliance
Questionnaire would be in violation of the zoning ordinance and would result in enforcement action by the Codes
Division should the home-based business operate as described. This may not mean that the business cannot be
operated in Collierville, and the potential operator of the business has several options other than not commencing
with the business at the residential address as described. They have four options:
 modify their business model to meet the zoning ordinance for a Type 1 Home Occupation/Home-based
Business (see the attached Statement of Understanding and Compliance);
 find a commercially-zoned property from which to conduct the business;
 apply to the Planning Commission for a Special Exception to allow the Type 1 Home Occupation to undertake
additional business activities (review fee, 30 day public process, etc. applicable); or
 apply to the Board of Mayor and Aldermen for a Conditional Use Permit to conduct a “Type 2 Home
Occupation” (3-acre lot size minimum, review fee, 60 day public process, etc. applicable).
□ If conducted as described in the Compliance Questionnaire, the business model will meet the requirements of the
zoning ordinance for a Type 1 home-based business.
□ With no additional conditions/modifications needed to the business model
□ With the following conditions/modifications to insure full compliance with the zoning ordinance:
Date:
Project Planner:
Date:
Peer Review:
Home-Based Business Questionnaire (rev. 5/1/15)
Page 3 of 4
Type 1 Home Occupation/Home-Based Business
Statement of Understanding and Compliance
Town of Collierville, TN
Per the Town of Collierville Zoning Ordinance, I/we
understand that some areas of Town zoned for
residential dwellings also permit “home occupations” as
accessory uses on the residential property, but only as
long as the home occupation meets certain zoning
criteria. I have read and understand what Title XV,
Section 151.025(D)(8) of the Town of Collierville Code
of Ordinances says about “home occupations,”
paraphrased below, and agree to conduct my home
occupation as follows:
Use of Dwelling Unit and Accessory Structure(s)
1. The property will still be used mainly for a
residence. The portion of my home used in the
conduct of the home-based business shall not be
more than 25% of the floor area of the dwelling unit.
2. My home-based business will not actually be
conducted (office space) from within an accessory
structure (like a storage building or detached
garage), but I acknowledge that I may store
equipment or materials in such accessory
structures.
Traffic Generation
3. No more than two customers or clients will actually
come to the residence a week and any such visit
will only be by appointment.
4. Deliveries associated with the home business will
be limited to a maximum of one (1) per week
(above and beyond my normal household parcel
delivery).
5. The employees for the home business will be
residents of the home and no outside employees
will work from the residential address.
6. I will keep my business trips will be limited to a
maximum of 2 per day (above and beyond my
normal household daily trips).
Solid Waste Generation
7. The maximum amount of solid waste that my
home business will generate will be one (1) 32gallon residential waste container per week.
8. Hazardous waste will neither be generated or
disposed of at my home.
9. My 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
10. I agree not to repair or manufacture anything as
part of my home occupation.
11. There shall be no sales of merchandise (onsite) in connection with my home occupation.
Detectable Evidence of the Conduct of such
Home Occupation
12. I will not have any exterior storage as part of
my home occupation.
13. There shall be no change in the outside
appearance of my dwelling or premises to be
able to conduct my home occupation.
14. No equipment or process will be used in such
home occupation which creates noise,
vibration, glare, fumes, odors or electrical
interference detectable to the normal senses off
the lot.
15. My home occupation will not use equipment
which creates off-premises line voltage
fluctuations or visual or audible interference
with off-premises radio or television receivers.
FOR THE PROPETY LOCATED AT: ________________________________________________, I/WE CERTIFY AND
SWEAR THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND CORRECT TO THE BEST OF
MY/OUR KNOWLEDGE AND THAT I/WE HAVE READ THE REGULATIONS ESTABLISHED FOR TYPE 1 HOME
OCCUPATIONS AS SET FORTH IN TITLE XV, SECTION 151.025(D)(8) OF THE TOWN OF COLLIERVILLE CODE OF
ORDINANCES AND FULLY UNDERSTAND THEM AND AGREE TO COMPLY WITH THEM
BY SIGNING BELOW I/WE UNDERSTAND AND AGREE TO THESE TERMS AND UNDERSTAND THAT VIOLATION
COULD RESULT IN A FAILURE TO RENEW MY COLLIERVILLE BUSINESS TAX LICENSE AND A CITATION TO
APPEAR IN THE TOWN OF COLLIERVILLE MUNICIPAL COURT TO CEASE THE HOME OCCUPATION, PLUS
OTHER PENALTIES AVAILABLE PER STATE LAW.
Signature of
Applicant:
Print or
type name:
Date:
Signature of
Applicant:
Print or
type name:
Date:
Home-Based Business Questionnaire (rev. 5/1/15)
Page 4 of 4