(A) General district regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
(1) No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;
(2) No building or other structure shall hereafter be erected or altered:
(a) To exceed the height or bulk;
(b) To accommodate or house a greater number of families;
(c) To occupy a greater percentage of lot area, where applicable;
(d) To have narrower or smaller rear yards, front yards, side yards or other open space than herein required or in any other manner contrary to the provisions of this chapter;
(3) No part of a yard, other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading spaces similarly required for any other building;
(4) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(B) Visibility at intersections. On a corner lot in any district, except CB, nothing shall be erected, placed, planted or allowed to grow 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 or a street and a railroad at a distance of 100 feet from their intersections.
(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.
(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 has issued afence 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) within a reasonable time period specified by the Development Department. Fence permits shall not be required for maintenance of an existing fence unless more than 50% of the fence is being reconstructed.
(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 finished 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.
(b) Variations. To allow for minor variation in topography (less than one foot of grade change over 12 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 12 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 18 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 | |||
Fence or Wall Function | Maximum Height | ||
Front Yard (feet) | Side Yard, Rear Yard, (feet) | ||
Fence and Wall Height | |||
Fence or Wall Function | Maximum Height | ||
Front Yard (feet) | Side Yard, Rear Yard, (feet) | ||
Dumpster, refuse area, loading area, or recycling container screen walls in nonresidential developments | The greater of: 8 feet or 2 feet taller than the container being screened[6] | ||
Exterior storage (Site Plan approved) in RI or GI Districts | The greater of: 15 feet or 2 feet taller than the materials being screened | ||
All other fences & walls | Residential, except as noted | 4[1][2][3][4][6] | 6[6] |
Nonresidential and mixed-uses | 8[2][3][4][6] | 8[6] | |
Perimeter common open space or reversed frontage lot | 6[5][6] | 6[5][6] | |
FAR, R-L, and R-Ll Districts | 6[2] | 6 | |
Notes: [1] For corner lots, see § 151.006(C)(9) for allowable front yard exceptions. [2] Front yard fences shall have a maximum opacity of 75% except for the exceptions specified in § 151.006(C)(8). [3] Except in FAR, R-L, and R-Ll Districts, front yard fences outside of the Historic District shall be reviewed by the Design Review Commission prior to the issuance of a fence permit. [4] The Historic District Guidelines state that front yard fences should not exceed 3.5 feet. The Historic District Commission may approve taller fences on a case-by-case basis, but in no case shall front yard fences exceed a height of 4 feet. [5] 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. See § 151.006(C)(5) for materials requirements. [6] In the Historic District, all fences and walls visible from a public right-of-way require the approval of the Historic District Commission. | |||
(5) Materials. Fences and walls must be constructed of brick, ornamental iron or aluminum, vinyl, or rot resistant wood (pressure treated lumber, redwood, cypress and cedar), with the following exceptions:
(a) Wooden fence boards used in a nonresidential development shall be naturally rot resistant wood (redwood, cypress and cedar).
(b) Fence boards used within a perimeter fence required in Planned Developments, Common Open Space, Reversed Frontage fence, or a fence abutting an arterial street or collector street as designated by the Collierville Major Road Plan, in subdivisions developed after January 1, 2016, shall be naturally rot resistant wood (redwood, cypress and cedar).
(c) The Design Review Commission or the Historic District Commission may approve alternative materials on a case-by-case basis.
(d) Retaining walls.
(e) Formed concrete walls or concrete wall panels provided they are within side or rear yards, front yard encroachments allowed for corner lots per § 151.006(C)(9), common open space, or along the rear property line of reverse and double-frontage lots.
(f) Plastic and composite materials (100% recycled plastic, recycled plastic and waste wood fiber/sawdust).
(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), 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).
(7) Front yard fences or walls. Fences and walls, with the exception of retaining walls, may be allowed in front yards, subject to the following:
(a) Front yard fences outside of the Historic District of not more than 48 inches height may be allowed subject to the review and approval of the Design Review Commission and as noted in the table included in § 151.006(C)(4).
(b) Front yard fences inside the Historic District of not more than 42 inches in height may be allowed in front yards, subject to review and approval of the Historic District Commission and as noted in the table included in § 151.006(C)(4).
(8) Opacity.
(a) For the purposes of this section, OPACITY shall mean the degree of openness to which light or views are blocked measured perpendicular to the fence for each fence section between supports
(b) Opacity limitations are meant to maintain an open appearance along public streets and to prevent crime.
(c) Except where specifically permitted otherwise, the body of a fence located between a street and a principal structure shall have a maximum opacity of 75%.
(d) Exceptions. The following fences are exempt from opacity limitations, subject to the review and approval of the Design Review Commission, or if located in the Historic District, the Historic District Commission:
1. 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;
2. A screening fence or wall required by the Design Guidelines;
3. A screening fence or wall required as a condition of approval;
4. An opaque fence on a corner lot as specifically exempted by § 151.006(C)(9);
5. 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);
6. A retaining wall;
7. A pool barrier as required by the Swimming Pool Code adopted by the Town of Collierville;
8. Vegetation growing adjacent to or on a fence will not be considered in determining compliance with the opacity requirements for fences; and
9. For the purposes of fence opacity limitations, an alley is not considered a street.
(9) Corner lots. 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. 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 (or edge of pavement for a rural road cross section).
(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.
(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) In the opinion of the Town Engineer, blocks or diverts drainage within a drainage easement per § 151.006(C)(13);
(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;
(f) Is located within six feet of a fire hydrant; or
(g) Is located on a portion of the property that is subject to road widening by the Collierville Major Road Plan.
(13) Drainage flow. 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. Sufficient clearance shall be defined by the Town Engineer. Fences located in or along drainage easements shall have a minimum ground clearance of two inches.
(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.
(15) Maintenance. Fences shall be maintained and kept in good repair by the property owner and/or homeowner association. Examples of a lack of proper maintenance include, but are 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. Lack of proper maintenance and upkeep of a fence or wall shall constitute a violation of these regulations.
(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.
(17) Swimming pools. In accordance with the 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 currently-adopted Swimming Pool Code as amended shall apply.
(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.
(D) Exterior building materials.
(1) Purpose and intent. It is the intent of this division that all new development and redevelopment in the Town of Collierville be compatible and respectful of the uniqueness of the Town in compliance with the Design Review Commission (PRC) and Historic District Commission (HDC) Design Guidelines, as applicable.
(2) Applicability. Exterior building materials shall be regulated by the table below and shall apply to all nonresidential structures and attached residential structures, detached single- family residential structures inside the Historic Overlay District, and detached single-family residential structures in the TN Traditional Neighborhood District. No particular exterior construction material that is approved by a national building code or the state fire marshal shall be prohibited.
Exterior Building Materials[1], [2], [3], [5] | |||
Use of Material on the Structure | Primary Building Materials | Trim and Accent | Remote Walls in Industrially Zoned Areas[4] |
Type of Exterior Material
|
The primary exterior building materials for at least 75% of the net facade area, which excludes windows and doors, shall be from the following: (a) Brick (clay fired, regular or jumbo); (b) Stone; (c) Wood siding (smooth); (d) Fibrous cement board (simulated wood siding); (e) Artificial stone products (with a fine or rock cast authentic finish). The following materials may be appropriate on a case-by-case basis as primary building materials: (a) Cementitious stucco; (b) Marble; (c) High quality architectural metals (copper, bronze, low-luster aluminum); (d) Precast concrete panels. | Exterior building materials used for trim and accent, which is defined as less than 25% of the net facade area and excludes windows and doors, shall be from the following: (a) Any building material appropriate for use as a primary building material; (b) Wood trim (smooth); (c) Wood (rough-hewn or rustic); (d) Exterior Insulation Finishing Systems (EIFS); (e) Fibrous cement board (simulated wood trim); (f) Split-face concrete block; (g) Metal or vinyl trim (e.g., for flashing and not for walls). The following materials may be appropriate for use as trim and accent, on a case-by-case basis: (a) Simulated wood details (trim, columns, etc.) made of plastic, vinyl, fiberglass, or fibrous cement; (b) Any other exterior construction material not expressly listed in this table that is approved by a national building code or the State Fire Marshal. | The following materials are only appropriate for 100% of the net facade area, which excludes windows and doors, of remote walls in industrially zoned areas: (a) Any building material appropriate for use as a primary building material or for trim and accent; (b) Tilt-up concrete panels; (c) Split-face concrete block; (d) Smooth-face concrete block; (e) Corrugated metal siding. Any other exterior construction material not expressly listed in this table that is approved by a national building code or the State Fire Marshal. |
Notes:
[1] New structures shall be compatible with their neighbors in regard to exterior building materials, particularly when adjacent structures are substantially in compliance with the Design Guidelines. [2] This table is not an exhaustive list, and the PRC or HDC may approve the use of materials not expressly listed on a case-by-case basis. New products or synthetic materials that approximate the look and dimensions of those materials listed as primary building materials including, but not limited to, artificial slate, brick, or stone products, or thin clay-fire brick veneers may also be approved on a case-by-case basis. [3] Except for single family dwellings outside of the Local Historic Overlay, which shall be reviewed by the Development Director or his or her designee, any material listed that requires review on a case-by-case basis requires review by the HDC or PRC, as applicable. The HPC and PRC shall review the context of each application, and the particular use and quality of each building material, taking into consideration surrounding developments. [4] Facades of industrially zoned districts that will not be visible to the public realm (from a public street, primary entrance to the building or primary entrance to another building) and do not abut a residential development/zoning district are considered "remote walls." In these instances, certain exterior material listed above may be appropriate on a case-by-case basis that would otherwise not be appropriate for primary building facades. In industrially zoned districts, portions of building facades that are completely screened from the public realm or residential developments/zoning districts through any combination of evergreen trees, shrubs, berms, fencing, and walls can be considered "remote walls." Otherwise, primary building materials are required on facades visible from the public realm in industrially zoned districts. [5] Appeals of the decisions of the Development Director or his/her designee related to this section are considered by the BZA. Appeals of decisions of the PRC related to this section are considered by the BMA. Appeals of decisions of the HPC related to this section are considered by the appropriate court of jurisdiction. |
(E) Reserved.
(F) Minimum required yard area. Regardless of the orientation of buildings, no less than the minimum yards required by the district regulations in which the development is located shall be maintained along the outer boundaries of the lot.
(G) Structure to have access. Every structure shall be on a lot adjacent to a public street, or with access to any approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(H) Reserved.
(I) Only one principal building on any lot. Only one principal building and its customary accessory buildings may hereafter be erected on any lot in the R-1, R-2, R-2A, R-3, R-3A and T zones. This provision shall not apply to the R-4, TN, MU, NC, MPO, SCC, CB, GC, RI and GI zones, provided that all bulk, area, yard and other requirements of the zone are met.
(J) Zoning of annexed territory. All territory which may hereafter be annexed into the Town of Collierville shall be zoned and classified as a part of that zoning district of the Town specified by the Board of Mayor and Aldermen by ordinance at the time of annexation thereof. The Planning Commission shall make recommendations to the Board of Mayor and Aldermen on proposed zoning for areas in the process of being annexed. The Board, before adopting any ordinance zoning the property, shall first hold a public hearing in accordance with § 151.311(F). Upon annexation, the Board of Mayor and Aldermen shall, by separate ordinance, zone such annexed territory consistent with the public health, safety, convenience and welfare of the inhabitants of the Town of Collierville.
(K) Reserved.
(L) Reserved.
(M) Reserved.
(`83 Code, § 11-205) (Ord. 95-11, passed - -; Am. Ord. 00-35, passed - -; Am. Ord. passed 5- -02; Am. Ord. 2003-34, passed 11-24-03; Am. Ord. 2005-10, passed 8-22-05; Am. Ord. 2008-20, passed 11-10- 08; Am. 2008-21, passed 11-10-08; 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. 2015-10, passed 10-126-15; Am. Ord. 2016-06, passed 6-27-16; Am. Ord. 2021-13, passed 8-30-21)