(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.
(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.
(C) Convenience stores/service stations.
(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.
(c) No gasoline pump shall be located closer than 25 feet from any property line.
(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;
(c) Building materials;
(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;
(c) Minimize the adverse visual, aesthetic and structural safety impacts of WCF on the community;
(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).
(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.
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 | 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 § 151.021 and this section for additional regulations. [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.
(c) At-grade buildings, cabinets, or equipment shall not be located within a required or established front yard.
(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;
(c) Adult cabarets;
(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.
(c) The Town shall revoke a sexually oriented business employee license if it determines that:
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;
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);
(c) Minimum of a two-foot tall masonry base/bulkhead or decorative wood panels, or DRC approved equivalent provided; and
(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)