What is a “conditional use”?
A “Conditional Use” is a use of land that is not necessarily appropriate to be allowed “by right” for all properties within a zoning district without close scrutiny by the Town. Such uses must obtain a Conditional Use Permit (CUP) from the Town. Certain conditions are applicable to a CUP that must be reviewed on a case-by-case basis to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. There are two levels of questions asked of any CUP application by the Town, the 6-prong “general standards” test and the “specific criteria” test.
General Criteria (applicable to all CUPs):
Applicants are required to explain in writing how the proposed use meets the 6-prong general standards test for Conditional Uses found at §151.024(a), and repeated as follows:
- 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.
- Conforms to the Footnotes of § 151.021 (the Use Table) and the Specific Provisions for certain Conditional Uses as set forth in § 151.024.
- 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.
- Is generally consistent with the policies of the Collierville Land Use Plan for the parcel or surrounding neighborhood, including any applicable Small Area Plans;
- Will not adversely affect a known archaeological, environmental, historical or cultural resource; and
- The adequacy of 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.
Specific Criteria Response (if applicable):
For certain uses listed below, in addition to the general criteria, the Town will look to see if very specific standards related to that particular use are addressed by the application:
- Accessory Residential Uses (aka Granny Flat or Garage Apartment) (see §151.024)
- Animal Hospitals and Clinics in MPO Zone Districts (see §151.024)
- Auto Dealerships (see §151.024)
- Bed and Breakfasts (see §151.025)
- Class II Special Events (see §151.026)
- Farmers Markets (see §151.026)
- Outdoor Display (Customary)(see §151.025)
- Outdoor Storage (see §151.025)
- Sexually Oriented Businesses (see §151.024)
- Taxidermy services in GC Districts (see §151.024)
- "Type 2” Home Occupations (see §151.025)
- Places of public assembly (including places of worship) in residential zoning districts (see §151.024)
- Temporary Storage in a Portable Container (nonresidential) (see §151.025)
- Wireless Communication Facilities (see §151.024)
Conditional Use Permits (CUPs) require the approval of the Board of Mayor and Aldermen (BMA) based on a recommendation from the Planning Commission (PC). The purpose of the public review to ensure that any adverse impacts on adjacent uses, structures, or public services and facilities are mitigated, and that any special requirements unique to that use are addressed. Conditional Use Permit Applications should be submitted to the Planning Division for review. This is about a 60 day process and a $300 nonrefundable review fees is applicable, so be sure to plan ahead. When associated with new construction, CUP applications often track simultaneously with site plan applications.
**Click here to download a Conditional Use Permit (CUP) application.