(A) Long title. An ordinance, in pursuance of the authority granted by the Tenn. Code Ann. §§ 13-7-201 through 13-7-306, to provide for the establishment of districts within the corporate limits of Collierville, Tennessee; to regulate within such districts the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot occupancy, the size of open spaces, the density of population and the uses of land, buildings and other structures for trade, industry, residence, recreation, public activities and similar purposes to include a special district for areas subject to flooding; to provide regulations governing nonconforming uses and structures; to provide for a Board of Zoning Appeals and for its powers and duties; to provide for permits; to establish and provide for the collection of fees; to provide for the administration of this chapter and for the official whose duty it shall be to enforce the provisions thereof, to provide penalties for the violation of this chapter; and to provide for conflicts with other ordinances or regulations.
(B) Short title. This chapter may be cited as the “Zoning Ordinance of Collierville, Tennessee.” The map portion may be cited separately as the Zoning Map of Collierville, Tennessee.
(C) Repeal. The existing zoning regulations of the Town of Collierville, as amended, are repealed. The adoption of this chapter, however, shall not affect nor prevent any pending or future prosecution of an action to abate any existing violation of the existing regulations, as amended, if the violation is also a violation of this chapter.
(D) Legislative enactment.
WHEREAS, Tenn. Code Ann. §§ 13-7-201 through 13-7-306 empowers the Town to enact a zoning ordinance and to provide for its administration, enforcement and amendment; and,
WHEREAS, the Board of Mayor and Aldermen deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the Town to enact such an Ordinance; and,
WHEREAS, the Board of Mayor and Aldermen, pursuant to the provisions of Tenn. Code Ann. §§ 13-7-201 through 13-7-306 has appointed a Planning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein; and,
WHEREAS, the Planning Commission has divided the Town into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the Planning Commission has given reasonable consideration among other things, to the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate uses for the land throughout the municipality; and,
WHEREAS, the Board of Mayor and Aldermen has given due public notice of hearings related to zoning districts, regulations and restrictions, and has held public hearings; and,
WHEREAS, all the requirements of Tenn. Code Ann. §§ 13-7-201 through 13-7-211 with regard to the preparation of the report of the Planning Commission and subsequent action of the Board of Mayor and Aldermen have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE TOWN OF COLLIERVILLE, TENNESSEE:
(E) Intent and purpose. This chapter is enacted pursuant to applicable provisions of the statutes of the State of Tennessee and the Charter of the Town of Collierville for the following purposes:
(1) To promote and protect the public health, safety, morals, comfort, convenience and general welfare of the people;
(2) To divide the Town into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, commercial, manufacturing and other specified uses;
(3) To protect the character and maintain the stability of residential, business, commercial and manufacturing areas within the Town and to promote the orderly and beneficial development of such areas;
(4) To provide adequate light, air, privacy and convenience of access to property;
(5) To regulate the intensity of open spaces surrounding buildings that is necessary to provide adequate light and air and protect the public health;
(6) To establish building lines and the location of buildings designed for residential, business, commercial, manufacturing or other uses within such lines;
(7) To fix reasonable standards to which buildings or structures shall conform;
(8) To prohibit uses, buildings or structures which are incompatible with the character or development of the permitted uses within specified zoning districts;
(9) To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder;
(10) To limit congestion in the public streets and to protect the public health, safety, convenience and the general welfare by providing for the off-street parking of motor vehicles and for the loading and unloading of commercial vehicles;
(11) To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;
(12) To prevent overcrowding of land and undue concentration of structures so far as is possible and appropriate in each district, by regulating the use and the bulk of buildings in relation to the land surrounding them;
(13) To conserve the taxable value of land and buildings throughout the Town;
(14) To provide for the gradual elimination of those uses of land, buildings and structures and of those buildings and structures which do not conform to the standards of the districts in which they are respectively located and which are adversely affecting the development and taxable value of property in each district;
(15) To provide for the condemnation of such nonconforming buildings and structures and of land as the Board of Mayor and Aldermen shall determine is necessary or appropriate for the rehabilitation of the area blighted by such buildings or structures;
(16) To define and limit the powers and duties of the administrative officers and bodies as provided herein;
(17) To prevent construction in areas designated as flood hazard areas unless suitably protected;
(18) These general purposes include the specific purposes stated in the various subchapters throughout this chapter.
(`00 Code, § 11-201)