(A) Authority. The Board of Mayor and Aldermen, with a recommendation from the Planning Commission, may hear and decide, in accordance with the provisions of this chapter, requests for conditional use permits. For the purpose of administration of this chapter, conditional uses shall be construed as synonymous with special exceptions, as such later term is used in Tenn. Code Ann. §§ 13-7-206 and 13-7-207.
(B) Procedure. The following procedure is established to integrate properly the conditional uses after consideration by the Board of Mayor and Aldermen, with a recommendation from the Planning Commission, with other uses located within the zoning classification. These uses shall be reviewed by the Board of Mayor and Aldermen and may be authorized, conditionally approved, or rejected utilizing the procedures set forth in this chapter.
(C) Application for conditional use permit; submission deadline and fee. A written application for a conditional use permit shall be filed along with payment of an application fee as prescribed in Resolution 98-28 (as amended) with the Planning Commission and Board of Mayor and Aldermen by the property owner or his or her designated agent on a form provided by the Town Planner. The application shall contain information and exhibits as may be required. An incomplete application or an application that fails to meet minimum submittal requirements shall be returned to the applicant by the Town and shall include a written statement enumerating the deficiency(ies) in the application. The completed application or any proposed supplement thereto shall be submitted in compliance with the then existing required deadlines as set periodically by the Development Director.
(D) Denial of a conditional use permit. The Board of Mayor and Aldermen, with a recommendation from the Planning Commission, may deny a conditional use permit where it is shown that approval does not conform with the grounds for issuance of a conditional use permit contained in § 151.310. If the Board of Mayor and Aldermen, with a recommendation from the Planning Commission, denies an application for a conditional use permit, a reapplication pertaining to the same property and requesting the same conditional use permit may not be filed within one year of the date the Mayor and Aldermen took final action on the previous application, unless the Department of Development Services initiates such reapplication or unless the Board of Mayor and Aldermen authorizes such reapplication.
(E) Notice of public meeting. The notice of a public meeting of the Planning Commission or Board of Mayor and Aldermen to discuss a conditional use permit shall be published in a newspaper of general circulation to the Town of Collierville at least ten days before the date set for a public meeting. Written notice of the public meeting shall be sent by mail to property owners located within 500 feet of the subject parcel on all sides at least ten days before the meeting.
(F) Requirements for conditional use permit. General requirements and specific standards are established in § 151.021 and § 151.024 that shall apply to all applications for conditional use permits. The Board, with a recommendation from the Planning Commission, may impose additional conditions and restrictions upon the premises benefitted by a conditional use permit as may be necessary to comply with the provisions set forth in § 151.021 and § 151.024 in order to reduce or minimize the injurious effect of such conditional use upon surrounding areas and insure compatibility with surrounding property and in the furtherance of the general purposes of this chapter. Such additional conditions and restrictions shall be limited as follows:
(1) No condition shall be less restrictive than the standards of the zoning district.
(2) No condition shall be made part of the application, or shall be attached to approval of the conditional use, which specifies the ownership status, race, religion, or character of the occupants of housing units, the minimum value of improvements or any other exclusionary device; or which states that the use of property will not be subject to regulations.
(3) If the Board places additional conditions upon a conditional use permit, it shall indicate the specific provisions from § 151.021 and § 151.024 upon which the condition is based and shall state its findings beyond such generalities as in the interest of public health, safety and general welfare.
(G) Effective period of approval. The Board of Mayor and Aldermen approval shall become effective immediately, unless otherwise specified. The applicant may be required to submit an application for a site plan and/or obtain a building permit as a condition of approval.
(H) Validity of plans. All approved plans, conditions, restrictions and requirements made part of the approval by the Board of Mayor and Aldermen shall run with the land and the permitted conditional use of the land shall conform to the same at all times.
(I) Failure to establish conditional use. The applicant is required to fully establish the conditional use within two years of approval in conformance with all applicable provisions of the Zoning Code and conditions of approval imposed by the Board of Mayor and Aldermen and other boards and commissions. Failure to establish the conditional use within the prescribed time period shall result in the voiding of approval of the conditional use permit. The applicant may request an extension from the Board of Mayor and Aldermen not to exceed one year.
(J) Appeal of decision of Board of Mayor and Aldermen on conditional use permit. Any person aggrieved by a decision of the Board of Mayor and Aldermen relative to a conditional use permit may appeal by certiorari to a court to competent jurisdiction. The judgment and findings of the Board of Mayor and Aldermen on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review only for illegality or want of jurisdiction.
(`00 Code, § 11-1006) (Ord. 2004-12, passed 7-26-04; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2012-02, passed 4-9-12; Am. Ord. 2015-07, passed 9-28-15)