SUPPLEMENT NO. 10

ZONING REGULATIONS

of

MEMPHIS-SHELBY COUNTY, TENNESSEE

Looseleaf Supplement

This Supplement contains all changes in Zoning Regula­tions of Memphis and Shel by County, Tennessee and are to be inserted as directed below.

Remove old pages

3, 4 11, 12 29,30 109 119, 120 135 through 138 209, 210 221 through 224 293,294

Index pages 503,504 507, 508, 508.1

Insert new pages

3, 4 11, 12 29, 30, 30.l 109 119 through 120.16 135 through 138.1 209, 210, 210.1 221 through 224 292.1 through 293

Index pages 503, 504, 504.1 507, 508, 508.1

Place this instruction sheet inside front cover of Zoning Regulations Volume. Retain until each subsequent Supple­ment is inserted.

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

February 13, 1976

SECTION 1

ZONING ORDINANCE,

CITY OF MEMPHIS

Sec. 28-76. Short title.

This article shall be known and may be cited as the Zoning Ordinance of the City of Memphis. (Ord. No. 374, § 1, 5-31-55)

Sec. 28-77. Definitions.

For the purpose of this article, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the_ singular; the word "building" shall include the word "structure" and the word "shall" is manda­tory and not directory. Any words not herein defined shall be construed as defined in the building code, and where defi­nitions in the building code are in conflict therewith, the defi­nition herein shall prevail as to the use of premises.

Accessory building and use: A subordinate building, or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land. An "accessory use" is one which is incidental to the main use of the premises.

Alley: A way which affords only a secondary means of ac­cess to property abutting thereon.

Apartment house: See dwelling, multiple.

Basement: A story having part but not more than one-half ( ½) of its height below grade and used for storage, garages, for use of occupants of the building, janitor or watchman quarters, or other utilities common for the rest of the build­ing. A basement used for the above purpose shall not be counted as a story.

Boardinghouse: A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for five (5) but not more than twenty (20) persons.

*Charter reference-General zoning regulations, §§ 137-159.

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·§ 28-77 § 28-77

Building: Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattel::i or property of any kind.

Building, height of: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Carport: A canopy attached to the main building, providing a sheltered place for parking a vehicle provided, however, the carport shall not extend into the required front yard.

Cell,ar: That portion of a building between floor and ceil­ing which is wholly or partly below grade, and having more than one-half ( ½) of its height below grade.

Clinic: An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine to­gether.

Club, private: Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Common: An area within a town house development held in common ownership by the respective town house owners, having a width of not less than thirty (30) feet, and serving one or more of the following purposes :

(1) As an open, unoccupied space reserved as the principalmeans of access to town house lots.

(2) As an area reserved for recreation.

(3) As an area reserved for, vehicular parking.

District: Any section of the City of Memphis for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

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§ 28-77 § 28-77

Dwelling: Any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multiple: A building designed for or occupied exclusively by three (3) or more families.

Dwelling, single-family: A building designed for or occupied exclusively by one family.

Dwelling, single-( amity, semi-detached: A dwelling unit in a building consisting of two attached noncommunicating one-family dwelling units placed side by side and having a party wall between each dwelling unit with the required fire-resistant rating.

Dwelling, two-family: A building designed for or occupied exclusively by two (2) families.

Dwelling, town house: A building consisting of a series of two (2) or more noncommunic�ting attached one-family dwelling units placed side by side, having a common wall between each two (2) adjacent dwelling units. Units placed one atop the other shall not be classified as town houses for purposes of this ordinance.

Dwelling unit: A structure, or any portion thereof, which is designed for or occupied exclusively by one family.

Family: One or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house or hotel as herein defined.

Filling station: Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories or for the servicing of motor vehicles. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

Frontage: All the property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is deadended, then all of the property abutting on one side between an intersecting street and the dead-end of the street. Supp. No. 10

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§ 28-77 § 28-77

Garage, private: An accessory building designed or used for the storage of not more than three (3) motor-driven vehicles, not more than one space of which shall be rented to persons other than occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

Garage, public: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.

Garage, storage: A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles. as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.

Grade:

(a) For buildings having walls adjoining one street only,the elevation of the sidewalk at the center of the walladjoining the street.

(b) For buildings having walls adjoining more than onestreet, the average of the elevation of the sidewalk atthe centers of all walls adjoining the streets.

(c) For buildings having no wall adjoining the street, theaverage level of the finished surface of the groundadjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining thestreet. Where no sidewalk exists, the grade shall beestablished by the city engineer.

Group apartments: Either two (2) or more multiple-dwel­ling buildings, or any building of three (3) stories or less containing more than fifty (50) dwelling units located on a lot or combination of lots. Supp. No. 10

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§ 28-77 § 28-77

Home occupation: An occupation or activity carried on in

a dwelling by the resident thereof as a secondary use in con­

nection with which there is no group instruction, assembly or

activity, no sound or odor noticeable beyond said dwelling, no person employed, no advertising sign, no display and no

selling of a commodity on the premises and not involving the

conduct of a business on the premises. Home occupation shall

also include the use of premises by a physician, surgeon,

dentist, lawyer, clergyman or other professional person for

consultation or emergency treatment, but not for the general

practice of his profession.

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§ 28-77 § 28-77

Hotel: A building in which lodging or boarding and lodging

are provided and offered to the public for compensation, and

in which ingress and egress to and from all rooms are made

through an inside lobby or office supervised by a person in

charge at all hours. As such, it is open to the public in contra­distinction to a boardinghouse, a lodging house, or an apart­

ment, which are herein separately defined.

Institution: A building occupied by a nonprofit corporation

or a nonprofit establishment for public use.

Landscape screen: A completely planted visual barrier com­

posed of evergreen plants and trees arranged to form both

a low level and a high level screen. The high level screen

shall consist of evergreen trees or shrubs planted with speci­

mens having an initial height aboveground of not less than

five (5) feet and planted at intervals of not more than ten

(10) feet on center. The low level screen shall consist of ever­

green shrubs planted at an initial height aboveground of not

less than two (2) feet and spaced at intervals of not more

than five (5) feet on center. The low level screen shall be

placed in alternating rows to produce a more effective barrier.

Land area: All land contained within a plan of development.

Laundromat: A business that provides home-type washing,

drying and/ or ironing machines for hire, to be used by cus­

tomers on the premises.

Lodging house: A building other than a hotel where lodging for five (5) but not more than twenty (20) persons is pro­

vided for compensation pursuant to previous arrangement and not to anyone who may apply.

Lot: A parcel of land occupied or intended for occupancy

by a use permitted in this article, including one (1) main

building together with its accessory buildings, the open spaces

and parking spaces required by this article, and having its

principal frontage upon a street or upon an officially approved

place.

Lot, corner: A lot abutting upon two (2) or more streets

at their intersections.

§ 28-77 § 28-77

Lot, double froritage: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.

Lot of record: A lot which is part of a subdivision, the map

of which has been recorded in the office of the county recorder of Shelby County; or a parcel of land, the deed of which was recorded in the office of the county recorder of Shelby County.

Motor court or motel: A building or group of buildings used for the temporary residence of transient motorists or travelers.

Nonconforming use: The use of land or a building or por­tion thereof, which use does not conform with the use regu­

lations of the district in which it is situated.

Nursing home: A home for the aged, chronically ill or in­curable persons, except mental or alcoholic patients, in which

two (2) or more persons are received, kept or provided with food or shelter and care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to

the diagnosis, treatment or care of. the sick or injured.

Open area: That portion of the land area excluding area set aside or used for living units; storage, maintenance and mechanical buildings; parking, loading, driveways and streets. Land and accessory building devoted exclusively to recreation purposes to include swimming pools, tennis courts and similar

recreation uses shall be considered open area for purposes of this ordinance.

Parking lot, commercial: Any lot upon which space for the parking of vehicles is provided for or offered to the general public for compensation. Access to streets shall be by way of curb cuts located and constructed in conformity with instruc­

tions of the department of public works.

Paved: Having a surface of concrete, asphalt, brick or other material adequate in strength to support motor vehicles, and free from dust or loose particles.

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§ 28-77 § 28-77

Parking space, required: A paved and properly drained area, required by this article to be permanently reserved for parking one ( 1) motor vehicle. Each required parking space shall be in the form of a rectangle with the least dimension

not less than eight (8) feet and the largest dimension not less than eighteen ( 18) feet, shall have a minimum area of one hundred eighty (180) square feet, exclusive of drive­

ways, and shall be connt..cted with a public street or alley by a paved driveway affording safe and convenient ingress

and egress. Except on lots occupied by single-family and two-family dwellings, parking space and driveways shall be

so arranged as to provide for both ingress and egress by forward motion. Access to streets shall be by way of curb cuts located and constructed in conformity with instructions of the department of public works.

Pl,ace: An open unoccupied space or a public thoroughfare other than a street or alley permanently reserved as the prin­cipal means of access to abutting property.

Restaurant: An establishment where food is served for con­

sumption on the premises but not in automobiles.

Rooming house: See lodging house.

Sign business: A sign which directs attention to a business, profession, service, product or activity sold or offered upon

the premises where such sign is located.

Story: That portion of a building, other than a cellar,

included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then

the space between the floor and the ceiling next above it.

Story, half: A partial story under a gable, hip or gambrel

roof, the wall plates of which on at least two opposite exterior walls are not more than four ( 4) feet above the floor of such story, except that any partial story used for residence

purposes, other than for a janitor or caretaker or his family,

or by a family occupying the floor immediately below it, shall

be deemed a full story.

Street: A public thoroughfare which affords the principal means of access to abutting property. Supp. No. 9

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§ 28-77 § 28-77:

Street line: A dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alteration: Any change in the supporting mem­bers of a building, such as bearing walls or partitions, coi­umns, beams or girders, or any substantial change in the room or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.

Structure: Anything constructed or erected, the use of which requires more ·or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing advertising signs, billboards, back stops for tennis courts and pergolas.

Tourist home: A building other than a hotel where lodging is provided and offered to the public for compensation for not more than twenty (20) individuals and open to transient guests.

Tourist or trailer camp: An area where one (1) or more auto trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities of one (1) or more families, and intended primarily for automobiletransients.

Transitional home or halfway house: A dwelling where lodging with or without meals is provided for five (5) but not more than twenty (20) persons, provided said dwelling is used for the purpose of rehabilitating persons released from penal or mental institutions or alcoholic or drug rehabilitation centers.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any por­tion of a structure from the ground upward, except as other­wise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, /rant: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal Supp. No. 9

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§ 28-77 § 28-78

distance between the street or place line and the main building or any projections thereof. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear: A yard extending across the rear of a lot between the side lot lines and bei� the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof. On all lots the rear yard shall be in the rear of the front yard.

Yard, side: A yard between the main building and the side line of the lot, and extending from the required front' yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side. of the main buildings. (Ord. No. 374, § 1, 5-31-55; Ord. No. 826, § 1, 7-19-60; Ord. No: 1142, § 1, 10-15-63; Ord. No. 1278, § 1,6-23-64; Ord. No. 1516, 6-15-65; Ord. No. 1707, § 1, 2-7-66;Ord. No. 2043, § 1, 5-23-67; Ord. No. 543, § 1, 9-2-69; Ord.No. 546, § 1, 9-23-69; Ord. No. 678, § 1, 4-14-70; Ord. No.733, § 1, 6-16-70; Ord. No. 1024, § 1, 8-3-71; Ord. No. 1077, §1, 10-19-71; Ord. No. 1120, § 1, 11-16-71; Ord. No. 2077, § 1,6-25-74; Ord. No. 2161, § 1, 10-29-74)

Sec. 28-78. Districts established; general regulations.

(A) In order to regulate and restrict the location and useof buildings and land for trade, industry, residence and other purposes, to regulate and restrict the height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the City of Memphis is hereby divided into districts of which there shall be twenty-six (26) in number known as:

"R" Single-Family Dwelling District. "R-1" Single-Family Dwelling District. "R-1-A" Single-Family Dwelling District. "R-2" Single-Family Dwelling District. "R-3" TwerFamily Dwelling District. "R-TH" Town House Dwelling District. "R-3-A" Multiple Dwelling District. "R-4" Multiple Dwelling District.

Supp. No. 10

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§ 28-78

"R-4-A" Multiple Dwelling District."R-4-P" Multiple Dwelling District. "R-5" Multiple Dwelling District. "R-5-P" Multiple Dwelling District."0-1" Office District. "0-2" Office District. "P" Parking District. "C-1" Neighborhood Shopping District."C-2" Commercial District. "C-3" Commercial District. "C-4" Central Business District. "SC-1" Shopping Center District. "ML" Planned Wholesale-Distribution Park District."M-1" Light Industrial District."M-2" Light Industrial District. "M-3" Heavy Industrial District."AG" Agricultural District. "F" Flood District.

§ 28-78

(B) The boundaries of the districts are shown upon themap which is made a part of this article, which map is

(designated as the "District Map." The district map and all the notations, references and other information shown thereon are a part of this article and have the same forceand effect as if the district map and all the notations, references and other information shown thereon were allfully set forth or described herein, the original of whichdistrict map is properly attested and is on file in the officeof the city planning commission.

(C) Until zoned or rezoned by the board of commissionersas provided in this article, all territory located within thecity-county five-mile zone which may be annexed to the cityshall remain subject to the same zoning district regulationsapplicable thereto at the time of annexation under the ShelbyCounty Zoning Ordinances-Resolution for the City-County

Supp. No. 10

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§ 28-78 § 28-78

Five-Mile Zone, as shown on the district map therein, and all territory located beyond the city-county five-mile zone which may be annexed to the city, shall remain subject to the same zoning district regulations applicable thereto at the time of annexation under the Shelby County Zoning Resolution per­taining to the unincorporated area of Shelby County more than five miles beyond the limits of the City of Memphis, as shown on lhe district map therein.

Supp. No.9 12.1

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§ 28-78 § 28-78

(D) Whenever any street, alley or other public way isvacated by official action of the board of commissioners, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(E) All areas within the corporate limits of the city whichare under wat€r and not shown as included within any dis­trict, shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until_ they meet the other district.

{F) Except as hereinafter provided:

(1) No building shall be erected, converted, enlarged, re­constructed, moved or structurally altered, nor shallany building or land be used except for a purpose per­mitted in the district in which the building or land islocated.

(2) No building shall be erected, converted, enlarged orreconstructed to exceed the height limit herein estab­lished for the district in which the building is located.

(3) No building shall be erected, converted, enlarged orreconstructed except in conformity with the area regu­lations of the district in which the building is located.

( 4) No building shall be erected, converted, enlarged orreconstructed except in conformity with the parkingand loading regulations of the district in which thebuilding is located. In all cases where the parking andloading regulations require more open space than theyard regulations, the parking and loading regulationsshall prevail.

(5) The minimum yards and other open spaces, includinglot area per family, required by this article, or for anybuilding hereafter erected, shall not be encroachedupon or considered as yard or open space requirements

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§ 28-78 § 28-78

for any other building, nor shall any yard or lot areas be reduced beyond the district requirements of this article.

(6) Every building hereafter erected or structurally alteredshall be located on a lot as herein defined and in nocase shall there be more than one (1) main buildingon one (1) lot unless otherwise provided in this article.The provisions of this paragraph shall not apply toproperty owned by the Memphis-Shelby County AirportAuthority, or to property owned jointly by the City ofMemphis and the County of Shelby and operated as apublic terminal area under the jurisdiction of the Mem­phis and Shelby County· Port Commission.

(7) No parking areas, parking space or loading space whichexisted at the time of the adoption of this article, orwhich subsequent thereto, is provided for the purposeof complying with the provisions of this article, shallthereafter be relinquished or reduced in any mannerbelow the requirements of the district regulations.

(G) In R-2 or lower districts, a side yard of three (3) feetshall be permitted for driveways or garages located not closer than twenty (20) feet of the main house, provided such driveways were laid or sited to a proposed garage location or foundations or floor laid for a garage located within three (3) feet of the properly line, prior to May 31, 1955. (Ord.No. 374, § 1, 5-31-55; Ord. No. 431, § 1, 3-6-56; Ord. No. 566,§ 1, 12-17-57; Ord. No. 680, § 1, 4-14-59; Ord. No. 737, § 1,10-13-59; Ord. No. 899, § 1, 2-21-61; Ord. No. 543, § 1, 9-2-69;Ord. No. 634, § 1, 1-27-70; Ord. No. 678, § 1, 4-14-70; Ord.No. 679, § 1, 6-9-70; Ord. No. 1123, § 1, 11-23-71; Ord. No.

1127, § 1, 11-30-71; Ord. No. 1669, ·§ 1, 3-27-73; Ord. No. 1775,§ 1, 6-19-73)

Amendment not-Ord. No. 543, § 1, enacted Sept. 9, 1969, amendedthis Code by adding "R-TH" Town House Dwelling District. Although said ordinance did not amend § 28-78 the editors added the new district to the list of designated districts.

Supp. No. 5 14

§ 28-78.1 § 28-78.1

Sec. 28-78.1. "R" Single-Family Dwelling District regulations.

The regulations set forth in this section or set forth else­where in this ordinance, when referred to in this section, are the district regulations in the "R" Single-Family Dwelling District.

(A) USE REGULATIONS: A building or premises shall beused only for the following purposes:

(1) Single-family dwellings.

(2) Parks, playgrounds and community buildings ownedor operated by governmental agencies.

(3) Public schools, elementary and high, and parochial orprivate schools having a curriculum similar to thatordinarily given in public elementary or public highschools and having no rooms regularly used for hous­ing or sleeping purposes, except staff quarters locatedon the premises of the school. One (1) unlighted sta­dium seating not more than two hundred (200) personsshall be permitted as an accessory use.

(4) Public libraries and museums.

(5) Truck gardens and the propagation and cultivation ofplants, but only when said plants or produce are notoffered for sale on the premises.

(6) Churches, including buildings for worship, religiouseducation and for social gatherings, such as bingogames.

(7) Country clubs having premises not less than twenty­five (25) acres in area.

(8) Accessory buildings, including a private garage, andaccessory uses customarily incident to the above uses,but not involving the conduct of a business.

(a) Any accessory building shall be located not lessthan sixty (60) feet from the front lot line, andshall not be less than ten (10) feet from any por­tion of the main building. Accessory buildings

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§ 28-78.1 § 28-78.1

may be built in rear yards but shall not occupy

more than forty per cent ( 40 % ) of the required rear yard. Such buildings shall not exceed twenty (20) feet in height and shall not be nearer than

five (5) feet to any lot line.

(b) Accessory uses shall also include:

Supp. No. 3

(1) Church and public building bulletin boards

may be self-illuminated either by interior elec­

trical lighting or from flood lights, providedthat such lighting be clear (color prohibited)

and shall be continuous (no flashing lights

allowed).

(2) Signs pertaining to the lease or sale of abuilding or premises provided the aggregate

area of such signs is not more than fifteen(15) square feet and that no such area isilluminated.

(3) Not more than three (3) signs advertising

the subdivision in which they are located, the

aggregate area of such signs not to exceed

three hundred (300) square feet within eachsubdivision. No such sign shall be locatedcloser than ten (10) feet to any property line

nor closer than twenty-five (25) feet to theintersection of the right-of-way lines of two

(2) streets; nor shall it be illuminated unless

authorized by the board of adjustment.

( 4) Signs on the premises of a model home used

for sales purposes, with an aggregate area of

not more than one hundred fifty (150) square

feet. No such sign shall be closer than ten(10) feet to any property line nor closer thantwenty-five (25) feet to the intersection of

the right-of-way line of two streets; nor shallit be illuminated unless authorized by the

board of adjustment.

(5) Temporary signs with an aggregate area ofnot more than fifty (50) square feet on the

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§ 28-78.1 § 28-78.1

premises where a structure is being erected. No such sign shall be closer than ten (10) feet to any property line nor closer than twenty-five (25) feet to the intersection of the right-of-way lines of two streets. All such signs shall be removed when the structure is occupied.

(B) PARKING REGULATIONS. Off-street parking space shallbe provided on the same lot as the main building. Except for single-family dwellings, parking space shall not be located with the required minimum front yard, in accordance with the following requirements :

( 1) Single-I amily dwelling: One ( 1) parking space.

(2) Churches: Each new church constructed after the ef­

fective date of this ordinance shall provide one (1)parking space for each ten (10) seats provided in themain auditorium. All churches in existence at the timeof the passage of this ordinance shall not be requiredto provide off-street parking except as hereinafter setforth:

(a) In the event the seating capacity of the mainauditorium is increased, off-street parking shall beprovided on a ratio of one (1) parking space foreach additional ten (10) seats added.

(b) In the event that educational or other accessorystructures in existence at the time of the passageof this ordinance, but no construction has begunon the main auditorium, such auditoriums may beconstructed without providing the off-street park­ing spaces hereinabove required; provided theseating capacity of the proposed auditorium doesnot exceed the seating capacity of the existing edu­cational or other accessory structure, but off-streetparking space shall be provided on a ratio of one(1) parking space for each additional ten (10)seats added in the new auditorium.

Supp. No. 6 17

§ 28-78.1 § 28-78.1

(3) Schools and public buildings: One (1) parking space

for every ten (10) seats in the auditorium, stadium orsimilar place of public assembly.

(4) Public libraries and museums: One (1) parking spacefor each two hundred (200) square feet of floor space

in the library or museum.

(5) Country clubs: One (1) parking space for each five(5) members except that a club with a swimming poolor golf links shall provide one (1) parking space for

each three (3) members.

(C) HEIGHT REGULATIONS: No building shall exceed thirty­

five (35) feet in height, except as hereinafter provided. The above limitation shall not apply to:

(1) Belfries

( 2) Chimneys

(3) Church spires

( 4) Flagpoles

( 5) Radio and television towers, antennae or aerials

( 6) Water tanks and towers

Regulations controlling the height of structures in the Air­

port Approach and Turning Zones are set forth in section 28-101 of this ordinance.

(D) AREA REGULATIONS:

(1) Front yard:

(a) There shall be a front yard having a depth of

not less than forty-five (45) feet, except thatwhere lots abut a U. S. designated highway, thereshall be a front yard having a depth of not lessthan sixty (60) feet.

(b) On double frontage and corner lots, there shall bea front yard on each street ; provided, however,that the buildable width of a corner lot of record

Supp. No.6 18

§ 28-78.1 § 28-78.1

at the time of passage of this ordinance need not be reduced to less than thirty-four (34) feet for single-family dwellings nor to less than twenty­nine (29) feet for any other building, except where

necessary to provide a yard along the street side with a width of not less than five (5) feet. No accessory building shall project beyond the front yard line on either street.

(c) No fence, structure, planting or object of naturalgrowth shall be placed or permitted to remain

within twenty (20) feet of any street corner, saidcorner being defined as the intersection of theright-of-way lines of the two (2) streets.

(2) Side yard: On each side of each building there shall bea side yard having a width of not less than ten (10)feet. A carport may project into the required side yard,provided every part of such structure is unenclosedand five (5) feet or more from the side lot line exceptfor permitted projections. Eaves and cornices of a car­port must be at least three (3) feet six (6) inchesfrom the side lot line.

(3) Rear yard: There shall be a rear yard having a depthof not less than forty ( 40) feet or twenty per cent(20%) of the depth of the lot, whichever amount issmaller, provided that no rear yard shall be less thantwenty-five (25) feet in depth. Every part of therequired rear yard shall be open to the sky except forpermitted accessory buildings and projections. An openunenclosed porch or balcony may project into a re­quired rear yard for a distance not exceeding ten (10)

feet.

( 4) Lot area per family: Every lot shall have an area ofnot less than fifteen thousand (15,000) square feetand a width of not less than one hundred (100) feetat the building line, except that if a lot has less area

or width than herein required and was recorded underseparate ownership from adjoining lots at the effec-

Supp. No. 6

19

§ 28-78.1 § .28-79

tive date of this ordinance, that lot or tract may be occupied by a single-family dwelling. ( Ord. No. 634, § 1, 1-27-70; Ord. No. 679, § 1, 6-9-70; Ord. No. 1127§ 1, 11-30-71; Ord. No. 1254, § 1, 5-16-72; Ord. No.1358, § 1, 7-11-72; Ord. No. 1370, § 2, 8-1-72; Ord. No.

1776, § 1, 6-19-73; Ord. No. 1892, § 1, 11-13-73):Editor's note-Ord. No. 634, § 1, amended this Code by adding a

new. section designated as § 28-78A. The editors redesignated said section as § 28-78.1 to conform to the Code format. Subsequent amend­ments to the section are indicated in the history note following the section.

See. 28-79. "R-1" Single-Family Dwelling District regulations.

The regulations set forth in this section or set forth else­where in this article, when referred to in this section, are the district regulations in the "R-1" Single-Family Dwelling District.

(A) USE REGULATIONS: A building or premises shall beused only for the following purposes :

(1) Single-family dwellings.

(2) Parks, playgrounds and community buildings ownedor operated by governmental agencies.

(3) Public schools, elementary and high, parochial schools,or private schools having a curriculum similar to thatordinarily given in public elementary or public highschools and having no rooms regularly used for housingor sleeping purposes, except staff quarters when lo­cated on the premises of the school One unlightedrecreation field, athletic field or stadium, seating notmore than two hundred fifty (250) persons shall bepermitted as an accessory use to any such school whenlocated on the premises of the school.

( 4) Public libraries and museums.

(5) Country clubs.

(6) Truck gardens and the propagation and cultivation ofplants only, when said plants or products are notoffered for sale on the premises.

Supp. No. 6 20

§ 28-79 § 28-79

(7) Churches, including buildings for worship, religiouseducation, and for social gatherings, such as bingogames.

(8) Accessory buildings, including a private garage, andaccessory uses customarily incident to the aboye uses,but not involving the conduct of a business. Any acces­sory building that it not a part of the main structureshall be located not less than ten (10) feet from anyportion of the main building. Accessory uses shall alsoinclude church or public building bulletin boards andtemporary signs appertaining to the lease, hire or saleof a building or premises, not exceeding twelve ( 12)square feet in area, said church bulletin boards or signsmay be lighted internally, electrically, or by floodlights, provided that such lighting be clear (color pro­hibited) and shall be continuous (no flashing lightsallowed).

.

(B) PARKING REGULATIONS. Off-street parking space shallbe provided on the same lot as the main building. Except for single-family dwellings, parking space shall not be located within the required minimum front yard, in accordance with

the following minimum requirements:

(1) Single-family dwelling: One parking space.

(2) Churches: One (1) parking space for each five (5)

seats provided in the main auditorium.

(3) Schools and r.:blic buildings: One (1) parking spacefor every ten (10) seats in the auditorium, stadium orsimilar place of public assembly.

(4) Public libraries and museums: One (1) parking space

for each three hundred (300) square feet of floor spacein the library or museum.

(5) Country clubs: One (1) parking space for each five

(5) members e�ept that a club with a swimming pool

Supp. No. 6 21

§ 28-79 § 28-79

shall provide one (1) parking space for each three (3) members.

(C) HEIGHT REGULATIONS. No building shall exceed thirty­five (35) feet in height, except as hereinafter provided.

(D) AREA REGULATIONS:

(1) Front yard:

(a) There shall be a front yard having a depth of notless than thirty ( 30) feet.

(b) On double frontage lots, the required front yardshall be provided on both streets.

( c) Where a lot is located at the intersection of two(2) or more streets, there shall be a front yard oneach street side of a corner lot; provided however,that the buildable width of a lot of record at thetime of passage of this article need not be reducedto less than thirty-four (34) feet for single-familydwellings, nor to less than twenty-nine (29) feetfor any other building, except where necessary toprovide a yard along the street side with a widthof not less than five (5) feet. No accessory build­ing shall project beyond the front yard line ofeither street.

(2) Side yard: There shall be a side yard on each side of abuilding in accordance with the following minimum re­quirements.

(a) Single- and two-family dwellings: There shall be aside yard on each side of a building having a widthof not less than five (5) feet.

(b) All other main buildings shall provide a side yardon each side having a width of not less than ten(10) feet.

Supp. No. 6

22

(

(

u

§ 28-79 § 28-80

(c) Accessory buildings located more than twenty (20)feet from the main structure shall provide a sideyard of not less than three (3) feet.

( 3) Rear yard: Except as hereinafter provided, there shallbe a rear yard having a depth of not less than forty(40) feet or twenty per cent (20%) of the depth ofthe lot, whichever amount is smaller, provided that norear yard shall be less than twenty-five (25) feet indepth.

( 4) Lot area per family: Every lot or tract of land shallhave an area of not less than ten thousand (10,000)square feet and average width of not less than sixty­five ( 65) feet except that if a lot has less area orwidth than herein required and was recorded underseparate ownership from adjoining lots at the time ofthe effective date of this article, that lot or tract maybe occupied by use permitted in this district. (Ord. No.374, § 1, 5-13-55; Ord. No. 431, § 1, 3-6-56; Ord. No.

889, § 1, 2-21-61; Ord. No. 1707, § 1, 2-7-66; Ord. No.546, § 1, 9-23-69; Ord. No. 679, § 1, 6-9-70; Ord. No.1120, § 1, 11-16-71; Ord. No. 1127, § 1, 11-30-71; Ord.No. 1177, § 1, 1-25-72; Ord. No. 1254, § 1, 5-16-72;Ord. No. 1358, § 1, 7-11-72; Ord. No. 1370, § 3, 8-1-72;

Ord. No. 1892, § 1, 11-13-73; Ord. No. 1897, § 1, 11-

20-73)

Sec. 28-80. "R-1-A" Single-Family District regulations.

The regulations set forth in this section, or set forth else­where in this article, when referred to in this section, are the district regulations in the "R-1-A" Single-Family Dwelling

District.

(A) USE REGULATIONS. A building or premises shall beused only for the following purposes:

(1) Single-family dwellings.

(2) Parks, playgrounds and community buildings ownedor operated by governmental agencies.

Supp. No. 6 23

§ 28-80 § 28-80

(3) Public schools, elementary and high, and parochial orprivate schools having a curriculum similar to thatordinarily given in public elementary or public highschools and having no rooms regularly used for housingor sleeping purposes, except staff quarters located onthe premises of the school. One unlighted recreationfield, athletic field or stadium, seating not more thantwo hundred fifty (250) persons, shall be permittedas an accessory use to any such school when located onthe premises of the school.

( 4) Public libraries and museums.

(5) Truck gardens and the propagation and cultivation of

plants but only when such plants or produce are notoffered for sale on the premises.

(6) Churches, including buildings for worship, religiouseducation, and for social gatherings, such as bingogames.

(7) Country clubs having premises not less than ten (10)acres in area.

(8) Accessory buildings, including a private garage, andaccessory uses customarily incident to the above uses,but not involving the conduct of business.

(a)

(b)

Supp. No. 6

Any accessory building shall be located not lessthan sixty ( 60) feet from the front lot line, andshall be not less than ten (10) feet from any por­tion of the main building. Accessory buildingsmay be built in rear yards but shall not occupymore than forty per cent ( 40 % ) of the requiredrear yard. Such buildings shall not exceed twenty(20) feet in height and shall not be nearer thanfive (5) feet to any lot line.

Accessory uses shaU also include church and pub­lic building bulletin boards which may be self illu­minated either by interior electrical lighting or

from flood lights, provided that such lighti:{lg be

24

§ 28-80 § 28-80

clear (color prohibited) and shall be continuous

(no flashing lights allowed). Signs pertaining to

the lease or sale of a building shall be permitted

as accessory uses provided the area of such sign is not more than twelve (12) square feet.

(c) Accessory uses shall also include required off­street parking spaces as provided herein but shall

Supp. No. 3 24.1

u

§ 28-80 § 28-80

not include the operation of commercial parking lots as defined in section 28-77.

(B) PARKING REGULATIONS. Off-street parking space shall

be provided on the same lot as the main building. Except for single-family dwellings, parking space shall not be located within the required minimum front yard, in accordance with

the following minimum requirements:

(1) Single-family dwellings: One (1) parking space.

(2) Churches: Each new church constructed after theeffective date of this section shall provide one (1)parking space for each ten (10) seats provided in themain auditorium. All churches in existence at the timeof the passage of this section shall not be required to

provide off-street parking except as hereinafter setforth:

(a) In the event the seating capacity of the main audi­

torium is increased off-street parking shall beprovided on a ratio of one (1) parking space foreach additional ten (10) seats added.

(b) In the event that educational or other accessory

structures are in existence at the time of the pas­sage of this section, but no construction has begunon the main auditorium, such auditorium may beconstructed without providing the off-street park­ing spaces hereinabove required.

(3) Schools and public buildings: One (1) parking spacefor every ten (10) seats in the auditorium, stadium

or similar place of public assembly.

(4) Public libraries and mu.seums: One (1) parking spacefor each three hundred (300) square feet of floor space

in the library or museum.

(5) Country clubs: One (1) parking space for each five(5) members, except that a club with a swimming poolor golf links shall provide one ( l) parking space foreach three (3) members.

Supp. No. 2 25

§ 28-80 § 28-8U

(C) HEIGHT REGULATIONS. No building shall exceed thirty­

five (35) feet in height, except as hereinafter provided. The

above limitation shall not apply, except in the airport approach and turning zone, to:

(1) Church spires.

(2) Belfries.

(3) Radio and television towers, antennae or aerials.

( 4) Chimneys.

( 5) Flagpoles.

(D) AREA REGULATIONS:

(1) Front yard:

(a) The front yard regulations are the same as those

in the "R-1" Single-Family Dwelling District.

(b) On double frontage and corner lots, there shall be

a front yard on each street; provided, however,

that the buildable width of a corner lot of recordat the time of passage of this section need not bereduced to less than thirty-four (34) feet for

single-family dwellings, nor to less than twenty­

nine (29) feet for any other building, exceptwhere necessary to provide a yard along the streetside with a width of not less than five (5) feet. No

accesory building shall project beyond the front

yard line on either street. An open, unenclosedporch, balcony or paved terrace may project into

a required front yard for a distance not exceeding

ten (10) feet.

(c) No fence, structure, planting or object of naturalgrowth shall be placed or permitted to remain

within twenty (20) feet of any street corner, saidcorner being defined as the intersection of theright-of-way line of the two (2) streets.

(2) Side yard: There shall be a side yard on each side ofeach single-family dwelling having a width of not less

Supp. No. 2 26

u

§ 28-80 § 28-81

than five (5) feet. There shall be a side yard on each side of any main building other than a single-family dwelling, having a width of not less than ten (10) feet. There shall be a side yard on each side of the any acces­sory building or out-building located within the rear yard having a width of not less than five (5) feet; provided, however, that a· side yard of three (3) feet shall be permitted for garages located twenty (20) feet or more from the main building.

(3) Rear yard: There shall be a rear yard having a depthof not less than thirty (30) feet or twenty per cent(20%) of the depth, whichever amount is smaller, pro­vided that no rear yard shall be less than twenty-five(25) feet in depth.

( 4) Lot area per family: Every lot or tract of land shallhave an area of not less than eight thousand five hun­dred (8,500) square feet and an average width of notless than sixty ( 60) feet, except if a lot has less areaor width than herein required and was recorded underseparate ownership from adjoining lots at the time ofthe effective date of this section, that lot, or tract maybe occupied by a single-family residence. (Ord. No.737, § 2, 10-13-59; Ord. No. 889, § 1, 2-21-61; Ord. No.1114, § 1, 7-23-63; Ord. No. 1707, § 1, 2-7-66; Ord. No.546, § 1, 9-23-69; Ord. No. 679, § 1, 6-9-70; Ord. No.1127, § 1, 11-30-71; Ord. No. 1254, § 1, 5-16-72; Ord.

No. 1358, § 1, 7-11-72; Ord. No. 1370, § 4, 8--1-72;Ord. No. 1897, � 1, 11-20-73)

Sec. 28-81. "R-2" Single-Family Dwelling District regulations.

The regulations set forth in this section, or set forth else­where in this article when referred to in this section, are the district regulations in the "R-2" Single-Family Dwelling Dis­trict.

(A) USE REGULATIONS. The use regulations are the same asthose in the "R-1" Single-Family Dwelling District.

(B) PARKING REGULATIONS. The parking regulations arethe same as in the "R-1" Single-Family Dwelling District. Supp. No. 6

27

§ 28-81 § 28-82

(C) HEIGHT REGULATIONS. No building shall exceed thirty­five (35) feet in height, except as hereinafter provided.

(D) AREA REGULATIONS:

(1) Front yard: The front yard regulations are the sameas those in the "R-1" Single-Family Dwelling District.

(2) Side yard: Except as provided in section 28-104 hereofthere shall be a side yard on each side of any dwelling,having a width of not less than five (5) feet and a sideyard on each side of any other building, having a widthof not less than ten ( 10) feet.

(3) Rear yard: Except as hereinafter provided, there shallbe a rear yard having a depth of not less than thirty(30) feet or twenty per cent (20%) of the depth ofthe lot, whichever amount is smaller, provided that norear yard shall be less than twenty-five (25) feet indepth.

( 4) Lot area per family: Every lot or tract of land shallhave an area of not less than six thousand (6,000)square feet and an average width of not less than fifty(50) feet except that if a lot has less area or widththan herein required and was recorded under separateownership from adjoining lots at the time of the eff ec­tive date of this article, that lot or tract may be occu­pied by a use permitted in this district. Ord. No. 374,§ 1, 5-31-55; Ord. No. 718, § 1, 8-25-69; Ord. No. 679,§ 1, 6-9-70; Ord. No. 1127, § 1, 11-30-71; Ord. No. 1254,§ 1, 5-16-72)

Sec. 28-82. "R-3" Two-Family Dwelling District regulations.

The regulations set forth in this section, or set forth else­where in this article when referred to in this section, are the district regulations in the "R-3" Two-Family Dwelling Dis­trict.

(A) USE REGULATIONS. A building or premises shall beused only for the following purposes:

(1). Any use permitted in the "R-1" Single-Family Dwell­ing District.

Supp. No. 6 28

(

§ 28-82 § 28-82

(2) Twerf amily dwellings.

(3) Semi-detached single-family dwellings.

(B) PARKING REGULATIONS. Off-street parking spaceshall be provided on the same lot as the main building. Except for one-family, semi-detched single-family and twerfamily dwellings, parking space shall not be located within the required front yard, in accordance with the following minim um requirements:

(1) The parking regulations for uses permitted in the"R-1" Single-Family Dwelling District shall apply tosuch uses when located in the "R-3" TwerFamilyDwelling District.

(2) Semi-detached Single-Family Dwelling: One parkingspace per unit.

(3) TwerFamily Dwelling: Two (2) parking spaces perunit.

(C) HEIGHT REGULATIONS. No building shall exceedthirty-five (35) feet in height except as hereinafter provided.

(D) AREA REGULATIONS:

(1) Front yard: The front yard regulations are the sameas those in the "R-1" Single-Family DwellingDistrict.

(2) Side yard: Except as provided in section 28-104hereof, there shall be a side yard on each side of asingle-family or twerfamily dwelling, having a widthof not less than five (5) feet. There shall be a side yardhaving a width of not less than five (5) feet on thenonattached side of a semi-detached single-familydwelling. A side yard on each side of any other mainbuilding shall have a width of not less than ten (10)feet.

(3) Rear yard: Except as hereinafter provided, there shallbe a rear yard having a depth of not less thantwenty-five (25) feet.

Supp. No. 10

29

§·28-82 § 28-82.1

(4) Lot area per family:

(a) A lot occupied by a single-family dwelling shallcontain a lot area of not less than six thousand(6,000) square feet, and an average width of notless than fifty (50) feet.

(b) A lot occupied by a two-family dwelling shallcontain a lot area of not less than six thousand(6,000) square feet, and an average width of notless than fifty (50) feet.

(c) A lot occupied by a semi-detached, single-familydwelling shall contain a lot area of not less thanthree thousand (3,000) square feet, and an averagewidth of not less than twenty-five (25) feet.

(d) Wh,�re a lot contains less than six thousand(6,000) square feet and was recorded underseparate ownership from adjoining lots at theeffective date of this article, that lot may be usedonly for one (1) single-family dwelling. (Ord. No.374, § 1, 5-31-55; Ord. No. 718, 8-25-59; Ord. No. (1609, § 1, 3-1-66; Ord. No. 546, § 1, 9-23-69; Ord.No. 1254, § 1, 5-16-72; Ord. No. 2161, § 1,10-29-74)

Sec. 28-82.1. "R-TH" Town House Dwelling District regulations.

(A) USE REGULATIONS A building or premises shall beused only for the following purposes:

(1) Any use permitted in the "R-1" Single-FamilyDwelling District.

(2) Town house dwelling subject to the following stan­dards:(a) Maximum building length: The maximum build­

ing length shall be two hundred fifty (250) feet inany direction.

(b)· Distance between structures containing living units: The distance between structures containing

Supp. No. 10

30

§ 28-82.1 § 28-82.1

living units within the subject land area shall not be any closer than their mean average height elevation.

(c) Open area: At least thirty (30) per cent of the landarea to be developed for town house purposesshall be devoted to open area.

(d) Landscape screen: A landscape screen having aminimum width of fifteen (15) feet shall beprovided along all rear and side property lines ofthe land area; however, if any portion of the sideor rear yard adjoins an existing or proposed parkingarea, or multi-family districts, the planning com­mission may waive a portion of said landscapescreen provided: (1) a binding agreement is exe-

Supp. No. 10

30.1

u

§ 28-82.1 § 28-82.1

cuted between the owners of both parcels so as to

assure permanent accessibility, and (2) the plan­

ning commission finds that such access would im­

prove overall vehicular circulation. Such landscape

screen shall not extend into or beyond the required

front yard. Where a solid fence at least six ( 6) feet

feet in height is provided, the landscape screen

may be replaced by a grass strip fifteen (15) feet

in width. Such landscape screen shall be considered

as part of thf open area requirement for purposes

of this ordirni tee.

( e) Density: One ( 1) dwelling unit shall be allowed

for each three thousand five hundred (3,500)

square feet of land area.

(f) Plan approval: Before a building permit may be

issued for erection of any town house building, a

subdivision plan and/or site plan shall have been

reviewed and approved by the planning commis­

sion as complying with all policies and standards

of the Memphis and Shelby County Subdivision

Regulations, and recorded by the owner.

(3) Accessory buildings and uses customarily incidental to

the above uses provided that such accessory uses shall

be subject to the same conditions and review required

for the uses specifically listed in (1) and (2) above.

(B) PARKING REGULATIONS. Off-street parking spaces shall

be provided on the same land area as the main building in

accordance with the following minimum requirement: Two

(2) spaces per town house dwelling unit; parking require­

ments for all other permitted uses are the same as those speci­

fied in the "R-1" Single-Family Dwelling District.

(C) HEIGHT REGULATIONS. No building shall exceed thirty­

five (35) feet in height.

(D) AREA REGULATIONS.

(1) Front yard: There shall be a front yard having a depth

of not less than thirty ( 30) feet.

Supp. No. 6 31

§ 28-82.1 § 28-83

(2) Side yard: Side yard regulations shall not apply totown house dwellings; side yard requirements for all

other allowed uses shall be as specified in the "R-1"Single-Family Dwelling District.

( 3) Rear yard: Land areas used for town house purposes

shall have a minimum rear yard of four hundred fifty( 450) square feet per dwelling unit. Such rear yardshall be considered as part of the open area require­

ment for purposes of this ordinance.

( 4) Required area regulations: The minimum area to be

developed for town house dwelling purposes shall be con­tained in a contiguous land area comprising a total of

at least twenty thousand (20,000) square feet, and

having a minimum frontage of one hundred {100) feet

as measured along the building line. Area requirements

for other allowed uses are the same as specified in the

"R-1" Single-Family Dwelling District. (Grd. No. 543,§ 1, 9-2-69; Ord. No. 815, § 1, 10-27-70; Ord. No. 1077,§ 1, 10-19-71; Ord. No. 1127, § 1, 11-30-71; Ord. No.

1892, § 1, 11-13-73)Amendment note--Ord. No. 543, § 1, amended this Code by adding

a new section designated § 28-82A. The editors redesignated said sec­tion as § 28-82.1 to conform to the Code format.

Sec. 28-83. "R-3-A" Multiple Dwelling District regulations.

The regulations set forth in this section, or set forth else­

where in this article, when referred to in this section, are the

district regulations in the "R-3-A" Multiple Dwelling District.

(A) USE REGULATIONS. A building or premises shall beused only for the following purposes :

( 1) Single-family dwellings.

(2) Two-family dwellings.

(3) Multiple dwellings.

(3A) Group apartments subject to the following:

Supp. No. 6

32

u

§ 28-83 § 28-83

Before a building permit or certificate of oc­

cupancy may be issued for the erection of group

apartments, a subdivision plan shall have been reviewed and approved by the planning commis­

sion as complying with the zoning ordinance, the

subdivision regulations, and being in substantial

conformance with the general plan of the City of

Memphis, and said approved subdivision plan shall

be processed and recorded as a final subdivision

plan in the county register's office.

( 4) Town houses.

(5) Parks, playgrounds and community buildings owned

or operated by governmental agencies.

(6) Public schools, elementary and high, and parochial or

private schools having a curriculum similar to that

ordinarily given in public elementary or public high

schools and having no rooms regularly used for housing

or sleeping purposes, except staff quarters located on

the premises for the school. One unlighted recreation

field, athletic field or stadium, seating not more thantwo hundred fifty (250) persons, shall be permitted

as an accessory use to any such school when located on

the premises of the school.

(7) Public libraries and museums.

(8) Truck gardens and the propagation and cultivation of

plants, but only when said plants or produce are not

offered for sale on the premises.

(9) Churches, including buildings for religious educationas well as those for worship.

(10) Country clubs having premises not less than ten (10)

acres in area.

(l0A) Day care nurseries for children.

(11) Accessory buildings, including a private garage, and

accessory uses customarily incident to the above uses,

but involving the conduct of a business.Supp. No. 2

§ 28-83§ 28-83

(a) Any accessory building shall be located not lessthan sixty (60) feet from the front lot line, andshall be not less than ten (10) feet from any por­tion of the main building. Accessory buildings may

be built in rear yards but shall not occupy morethan forty ( 40) per cent of the required rear yard.Such buildings shall not exceed twenty (20) feetin height and shall not be nearer than five (5)feet to any lot line.

(b) Accessory uses shall also include church and public

building bulletin boards which may be self-illumi­nated either by interior electrical lighting or from

flood lights, provided that such lighting be clear(color prohibited) and shall be continuous (no

flashing lights allowed). Signs pertaining to thelease or sale of a building shall be permitted as

accessory uses provided the area of such sign isnot more than twelve (12) square feet.

(c) Accessory uses shall also include required off­street parking spaces as provided herein but shall

not include the operation of commercial parkinglots as defined in section 28-77.

(B) PARKING REGULATIONS. Off-street parking space shallbe provided on the same lot as the main building. Except for one- and two-family dwellings, parking space shall not be located within the required minimum front yard in accordance with the following minimum requirements:

(1) Single-family, two-family, multiple and town house

dwellings: One (1) parking space for each dwellingunit. Required parking for a town house, if not locatedon the town house lot, shall be a part of the town housedevelopment, shall be located in an area in which eachlot owner holds an undivided interest, shall be acces­sible to and within one hundred (100) feet to the townhouse lot, and shall not be separated from the townhouse lot by a public street or alley.

Supp. No. 2 34

§ 28-83 § 28-83

(2) Churches: Each new church constructed after the ef­fective date of this section shall provide one (1) park­ing space for each ten (10) seats provided in the mainauditorium. All churches in existence at the time of thepassage of the section shall not be required to provideoff-street parking except as hereinafter set forth.

(a) In the event the seating capacity of the main audi­torium is increased, off-street parking shall be pro­vided on a ratio of one (1) parking space for eachadditional ten ( 10) seats added.

(b) In the event that educational or other accessorystructures are in existence at the time of the pas­sage of this section, but no construction has begunon the main auditorium, such auditorium may beconstructed without providing the off-street park­ing spaces hereinabove required.

(3) Schools and public buildings: One (1) parking spacefor every ten (10) seats in the auditorium, stadiumor similar place of public assembly.

(4) Public libraries and museums: One (1) parking spacefor each three hundred (300) square feet of floor spacein the library or museum.

(5) Country clubs: One (1) parking space for each five(5) members, except that a club with a swimming poolor golf links shall provide one (1) parking space foreach three (3) members.

(6) Day care nurseries: One (1) parking space for eachten ( 10) children.

(C) HEIGHT REGULATIONS. No building shall exceed thirty­five (35) feet in height, except as hereinafter provided. The above limitation shall not apply, except in the Airport Ap­proach and Turning Zone, to :

( 1) Church spires.

(2) Belfries.

( 3) Radio and television towers, antennae or aerials.Supp. No. 6

35

§ 28-83

(4) Chimneys.

( 5) Flagpoles.

(D) AREA REGULATIONS:

(1) Front yard:

§ 28-83

(a) There shall be a front yard having a depth of not less

than thirty (30) feet. The front yard for townhouses

on a public street shall not be less than fifteen (15)feet.

(b) On double frontage and corner lots, there shall be afront yard on each street; provided, however, that the

buildable width of a corner lot of record at the timeof passage of this section need not be reduced to less

than thirty-four (34) feet for single-family dwellings,

Supp. No. 6

36

(

(

§ 28-83 § 28-83

nor to less than twenty-nine (29) feet for any other

building, except where necessary to provide a yard

along the street side with a width of not less than five

(5) feet. No accessory building shall project beyond

the front yard line on either street. An open unenclosed

porch, balcony or paved terrace may project into a

required front yard for a distance not exceeding ten

(10) feet.

(c) No fence, structure, planting or object of natural

growth shall be placed or permitted to remain within

twenty (20) feet of any street corner, said corner

being defined as the intersection of the right-of-way

lines of the two streets.

(d) Town house lots that front upon a common and do not

front upon a street shall be required to have a front

yard of not less than five (5) feet, into which normal

projections such as steps, eaves, and cornices may pro­

ject, but in no case shall such appurtenances project

into the common.

(2) Side yard: For the purpose of the yard regulations

a two-family dwelling or multiple dwelling shall be considered

as one (1) building, occupying one (1) lot. On each side of

each main building there shall be a side yard having width

of not less than ten (10) feet; provided, however, that side

yards for single-family dwellings and two-family dwellings

shall have a width of not less than five (5) feet. A carport

may project into the required side yard, provided every part

of such structure is unenclosed and five ( 5) feet or more

from the side lot line except for the ordinary projection of

eaves and cornices. Eaves and cornices must be at least three

(3) feet six (6) inches from the side lot line.

On each side of a town house attachment there shall be a

side yard having a width of not less than ten (10) feet. Side

yards are not required for town house units occupying interior

lots of such developments or for end lots which side onto a

common.

(3) Rear yard: There shall be a rear yard having a depth

of not less than forty (40) feet or twenty (20) per cent of

37

§ 28-83 § 28-83

the depth of the lot, whichever amount is smaller, provided

that no rear yard shall be less than twenty-five (25) feet in depth. Every part of the required rear yard shall be opened to the sky except for: (a) permitted accessory buildings; (b)

the ordinary projections described in paragraph (2) above. An open unenclosed porch, balcony or paved terrace may project into a required rear yard for a distance not exceeding ten (10) feet.

Town house lots shall have a rear yard of not less than twenty-five (25) feet. Accessory buildings shall be permitted in the required rear yard.

(4) Lot area per family:

(a) A lot occupied by a single-family dwelling shall con­tain an area of not less than six thousand (6,000)square feet and an average width of not less than fifty(50) feet.

(b) A lot occupied by a two-family dwelling shall containan area not less than six thousand (6,000) square feetand an average width of not less than fifty (50) feet.

(c) A lot on which a multiple dwelling is erected shall con­tain a width of not less than one hundred (100) feetand an area of not less than nine thousand (9,000)square feet for a three (3) dwelling unit, plus twothousand five hundred (2,500) square feet for eachadditional dwelling unit.

(d) If a lot has less area or width than herein requiredand was recorded under separate ownership fromadjoining lots at the time of the effective date of thissection, that lot or tract may be occupied by a single­family residence.

(e) Town house lots shall meet the minimum dimensions asfollows:

Minimum width, interior lots 20 feet

Minimum width, end lots 30 feet Minimum area 2600 square feet

The lot area covered by the main building shall not exceed thirty per cent (30%) of the total lot area. A

38

(

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§ 28-83 § 28-84

town house development shall include an open space

equal to not less than ten per cent (10%) of the total developed area. Required parking space and driveways

and required yards shall not be substituted for the

required open space. (Ord. No. 737, § 3, 10-13-59; Ord. No. 889, § 1, 2-21-61; Ord. No. 1114, § 1, 7-23-63; Ord. No. 1278, § 1, 6-23-64; Ord. No. 1609, § 1, 3-1-66; Ord. No. 1707, § 1, 2-7-66; Ord. No. 546, § 1, 9-23-69; Ord. No. 733, § 1, 6-16-70; Ord. No. 848, § 1, 1-19-71; Ord.

No. 1121, § 1, 11-16-71; Ord. No. 1358, § 1, 7-11-72;

Ord. No. 1892, § 1, 11-13-73)

Sec. 28-84. "R-4" Multiple Dwelling District regulations.

The regulations set forth in this section, or set forth else­where in this article when referred to in this section, are the district regulations of the "R-4" Multiple Dwelling District.

(A) USE REGULATIONS. A building or premises shall be

used only for the following purposes :

(1) Any use permitted in the "R-3" Two-Family Dwelling

District.

(2) Multiple dwellings.

(2A) Group apartments subject to the following:

Before a building permit or certificate of oc­cupancy may be issued for the erection of group apartments, a subdivision plan shall have been re­viewed and approved by the planning commission as complying with the zoning ordinance, the sub­division regulations, and being in substantial con­formance with the general plan of the City of Memphis, and said approved subdivision plan shall

be processed and recorded as a final subdivision plan in the county register's office.

(3) Town houses.

(4) Rooming and boardinghouses.

(5) Institutions of a religious, educational, eleemosynary

or philanthropic nature, but not penal or mental insti­tutions.

Supp. No. 6 39

§ 28-84 § 28-84

(6) Nursing homes, convalescent homes, day nurseries forchildren, kindergartens and pre-kindergarten schools.

(7) Hospitals, except criminal, mental or animal hospitals.

(8) Fraternities, sororities, private clubs and lodges, ex­cepting those the chief activity of which is a servicecustomarily carried on as a business.

(9) Home occupations.

(10) Shop for beauty parlor operation and the office orstudio of a professional person, including but not lim­ited to a physician, surgeon, dentist, artist, musician,lawyer, architect or teacher in his place of abode, pro­vided that not more than the equivalent of one-third(1/3) of the area of such place of abode shall be usedfor such purposes; provided, further, that no personother than a member of the family occupying the liv­ing unit shall be employed in such shop or office.

(11) Accessory buildings and uses customarily incidental toany of the above uses, including storage garages, wherethe lot is occupied by a multiple dwelling, hotel, room­ing house, hospital or institutional building. Any stor­age garage or accessory building that is not a part ofthe main building shall be located not less than ten (10)feet from the main building.

(B) PARKING REGULATIONS. The pai:king regulations foruses permitted in the "R-3" Two-Family Dwelling District shall apply to such uses when located in the "R-4" Multiple Dwelling District with the following additional regulations:

(1) Rooming or boardinghouses: One (1) parking spacefor every two (2) guest rooms.

(2) Hospital, institution or nursing home: Two (2) park­ing spaces for each three (3) beds.

(3) Club, fraternity or sorority: One (1) sparking spacefor each five (5) members except that a club with aswimming pool shall provide one (1) parking spacefor each three (3) members.

Supp. No. 6 40

(

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§ 28-84 § 28-84

(4) Multiple dwelling: One (1) parking space for each

dwelling unit.

(5) Town houses: One (1) parking space for each dwelling

unit. Required parking for a town house, if not located

on the town house lot, shall be a part of the town housedevelopment, shall be located in an area in which each

lot owner holds an undivided interest, and shall be ac­

cessible to and within one hundred (100) feet of the

town house lot, and shall not be separated from the

town house lot by a public street or alley.

(6) Shop for beauty parlor operation or office or studio of

a professional person: Parking space equal to twice

that area within the structure which is devoted to such

shop, office, or studio, but in no instance less than two

(2) parking spaces.

(7) Day care nurseries: One (1) parking space for each

ten (10) children.

(C) HEIGHT REGULATIONS. No building shall exceed forty­

five ( 45) feet in height at the required side and rear yard

line, but above the height permitted at said yard lines, one (1) foot may be added to the height of the building for each

one (1) foot that the building or portion thereof is set back

from the required side and rear yard lines ; provided, how­

ever, that in no instance shall a building exceed one hundred

(100) feet in height.

(D) AREA REGULATIONS.

(1) Front yard:

(a) There shall be a front yard having a depth of not

less than thirty (30) feet for buildings not exceed­

ing forty-five (45) feet in height and a front yard

having a depth of not less than forty (40) feet for

buildings exceeding forty-five ( 45) feet in height.

The front yard for townhouses on a public street

shall not be less than fifteen ( 15) feet. Townhouse

lots that front upon a common and do not front

Supp. No. 6

41

§ 28-84 § 28-84

upon a street shall be required to have a front yard of not less than five (5) feet into which

normal projections such as steps, eaves and cor­

nices may project, but in no case shall such ap­

purtenances project into the common.

(b) On double frontage lots, the required front yardshall be provided on both streets.

(c) Where a lot is located at the intersection of two(2) or more streets, there shall be a front yard oneach street side of a corner lot; provided, how­ever, that the buildable width of a lot of record atthe time of passage of this section* need not bereduced to less than thirty-four (34) feet for sin­gle-family dwellings, nor to less than twenty­nine (29) feet for any other building, exceptwhere necessary to provide a yard along the streetside with a width of not less than five (5) feet.No accessory building shall project beyond thefront yard line on either street.

(2) Side yard:

(a) The side yard regulations for buildings permittedin the "R-3" Two-Family Dwelling District shallapply to such buildings when located in the "R-4"

'Multiple Dwelling District.

(b) All other buildings shall have side yards of notless than ten (10) feet. On each end of a townhouse attachment there shall be a side yard havinga width of not less than ten ( 10) feet. Side yardsare not required for units occupying interior lotsof such developments or for end lots which sideonto a common.

(3) Rear yard: Except as hereinafter provided, there shallbe a rear yard having a depth of not less than twenty-

•Editor's note-December 13, 1966.Supp. No. 6

42

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§ 28-84 § 28-84

five (25) feet for buildings not exceeding three (3) stories or forty-five (45) feet in height. Town house lots shall have a rear yard of not less than twenty-five (25) feet. Accessory buildings shall be permitted in therequired rear yard.

(4) Lot area per family:

(a) A lot occupied by a single-family dwelling shall containa lot area of not less than six thousand (6,000) squarefeet and an average width of not less than fifty ( 50)feet.

(b) A lot occupied by a two-family dwelling shall containa lot area of not less than six t}:lousand (6,000) squarefeet and an average width of not less than fifty (50)feet.

(c) A lot on which a multiple dwelling is erected shall con­tain a width of not less than one hundred (100) feetand an area of not less than nine thousand (9,000)square feet for a three (3) dwelling unit, plus one thou­sand two hundred (1,200) square feet for each addi­tional dwelling unit, except that this regulation shallnot apply to dormitories, fraternities, or sororities.

(d) Where a lot has less than six thousand (6,000) squarefeet and was recorded under separate ownership fromadjoining lots at the time of the effective date of thisarticle, that lot may be used for single-family dwellingpurposes or for any other of the nondwelling uses per­mitted in this section.

(e) Town house lots shall meet the minimum dimensionsas follows:

Minimum width, interior lots ____ 18 feet Minimum width, end lots _____ 28 feet Minimum area _______ 1800 square feet

The lot area covered by the main building shall not ex­ceed forty per cent ( 40 % ) of the total lot area. A town

Supp. No. 6

43

§ 28-84 § 28-85

house development shall include an open space equal to not less than ten per cent (10%) of the total de­veloped area. Required parking space, and driveways, and required yards shall not be substituted for required open space. (Ord. No. 374, § 1, 5-31-55; Ord. No. 670, § 1, 3-24-59; Ord. No. 1278, § 1, 6-23-64; Ord. No. 1609,§ 1, 3-1-66; Ord. No. 1707, § 1, 2-7-66; Ord. No. 1919,§ 1, 12-13-66; Ord. No. 733, § 1, 6-16-70; Ord. No. 848,

§ 1, 1-19-71; Ord. No. 1254, § 1, 5-16-72; Ord. No.1892, § 1, 11-13-73)

Sec. 28-85. "R-4-A" Multiple Dwelling District regulations.

The regulations set forth in this section or set forth else­where in this article, when referred to in this section, or the district regulations in the "R-4-A" Multiple Dwelling District.

(A) USE REGULATIONS. A building or premises shall beused only for the following purposes :

(1) Single-family dwellings.

(2) Two-family dwellings.

(3) Multiple dwellings.

(3A) Group apartments subject to the following:

Before a building permit or certificate of occupancy may be issued for the erection of group apart­ments, a subdivision plan shall have been reviewed and approved by planning commission as com­plying with the zoning ordinance, the subdivision regulations, and being in substantial conformance with the general plan of the City of Memphis, and said approved subdivision plan shall be processed and recorded as a final subdivision plan in the county register's office.

(4) Town houses.

(5) Parks, playgrounds and community buildings ownedor operated by governmental agencies.

(6) Public schools, elementary and high, and parochial orprivate schools having a curriculum similar to that

Supp. No. 6

u

§ 28-85 § 28-85

ordinarily given in public elementary or public high

schools and having no rooms regularly used for housing or sleeping purposes, except staff quarters located on the premises of the school. One unlighted recreation field, athletic field or stadium, seating not more than two hundred fifty (250) persons, shall be permitted as an accessory use to any such school when located on the premises of the school.

(7) Public libraries and museums.

(8) Truck gardens and the propagation and cultivation ofplants, but only when said plants or produce are notoffered for sale on the premises.

(9) Churches, including buildings for religious educationas well as those for worship.

(10) Country clubs having premises not less than ten (10)acres in area.

(lOA) Day care nurseries for children.

(11) Accessory buildings, including a private garage, andaccessory uses customarily incident to the above uses,but not involving the conduct of a business.

(a) Any accessory building shall be located not lessthan sixty (60) feet from the front lot line, andshall be not less than ten (10) feet from any por­tion of the main building. Accessory buildings maybe built in rear yards but shall not occupy morethan forty per cent ( 40%) of the required rearyard. Such buildings shall not exceed twenty (20)feet in height and shall not be nearer than five( 5) feet to any lot line.

(b) Accessory uses shall also include church and pub­lic building bulletin boards which may be self-il­luminated either by interior electrical lighting orfrom flood lights, provided that such lighting beclear ( color prohibited) and shall be continuous(no flashing lights allowed).

Supp. No. 2 45

§ 28-85 § 28-85

( c) Accessory uses shall also include required off­

street parking spaces as p,-ovided herein but shall

not include the operation of commercial parking

lots as defined in section 28-77.

(B) PARKING REGULATIONS.

(1) Single-family, two-family, multiple and town house

dwellings: One (1) parking space for each dwelling unit.

Required parking for a town house, if not located on the town

house lot, shall be a part of the town house development, shall

be located in an area in which each lot owner holds an undi­

vided interest, and shall be accessible to and within one hun­

dred (100) feet of the town house lot and shall not be sepa­

rated from the town house lot by a public street or alley.

(2) Churches: Each new church constructed after the ef­

fective date of this section shall provide one (1) parking space

for each ten (10) seats provided in the main auditorium. All

churches in existence at the time of the passage of this section shall not be required to provide off-street parking except as

hereinafter set forth:

(a) In the event the seating capacity of the main audi­

torium is increased, off-street parking shall be pro­

vided on a ratio of one (1) parking space for each

additional ten (10) seats added.

(b) In the event that educational or other accessory struc­

tures are in existence at the time of the passage of

this section, but no construction has begun on the main

auditorium, such auditorium may be constructed with­

out providing the off-street parking spaces hereinabove

required.

(3) Schools and public buildings: One (1) parking space

for every ten (10) seats in the auditorium, stadium or similar

place of public assembly.

(4) Public libraries and museums: One (1) parking space

for each three hundred (300) square feet of floor space in the

library or museum. Supp. No. 2

46

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§ 28-85 § 28-85

(5) Country clubs: One .(1) parking space for each five(5) members, except that a club with a swimming pool orgolf links shall provide one (1) parking space for each three(3) members.

(6) Day care nurseries: One (1) parking space for eachten ( 10) children.

(C) HEIGHT REGULATIONS. No building shall exceed onehundred twenty-five (125) feet in height. The above limita­tion shall not apply, except in the airport approach and turn­ing zone, to :

(1) Church spires.

(2) Belfries.

( 3) Radio and television towers, antennae or aerials.

(4) Chimneys.

( 5) Flagpoles.

Town houses shall not exceed thirty-five (35) feet in height.

( D) AREA REGULATIONS.

(1) Front yard:

(a) There shall be a front yard having a depth of not lessthan thirty (30) feet for buildings not exceeding forty­five (45) feet in height and a front yard having adepth of not less than forty ( 40) feet for buildingsexceeding forty-five (45) feet in height. The frontyard for town houses on a public street shall be notless than fifteen ( 15) feet. Town house lots that frontupon a common and do not front upon a street shallbe required to have a front yard of not less than five(5) feet into which normal projections such as steps,eaves and cornices may project, but in no case shallsuch appurtenances project into the common.

(b) On double frontage and corner lots, there shall be afront yard on each street; provided, however, that thebuildable width of a corner lot of record at the time

Supp. No. 6

47

§ 28-85 § 28-85

of passage of this section need not be reduced to less than thirty-four (34) feet for single-family dwellings, nor to less than twenty-nine (29) feet for any other building, except where necessary to provide a yard along the street side with a width of not less than five (5) feet. No accessory building shall project beyondthe front yard line one either street. An open unen­closed porch, balcony or paved terrace may project intoa required front yard for a distance not exceeding ten(10) feet.

(c) No fence, structure, planting or object of naturalgrowth shall be placed or permitted to remain withintwenty (20) feet of any street corner, said corner beingdefined as the intersection of the right-of-way linesof the two streets.

(2) Side yard: For the purpose of the side yard regula­tions, a two-family dwelling or multiple dwe11ing shall be con­sidered as one (1) building, occupying one (1) lot. On each side of each main building there shall be a side yard having a width of not less than ten (10) feet; provided, however, that side yards for single-family dwe1lings and tw0-family dwe11-ings shall have a width of not less than five ( 5) feet. A car­port may project into the required side yard, provided every part of such structure is unenclosed and five ( 5) feet or more from the side lot line, except for the ordinary projection of eaves and c9rnices. Eaves and cornices must be at least three (3) feet six (6) inches from the side lot line. For all buildingsexceeding three ( 3) stories in height, the side yard shall beincreased two (2) feet for each story above the third story.On each end of a town house attachment there shall be a sideyard having a width of not less than ten (10) feet. Side yardsare not required for units occupying interior lots of such de­velopments or for end-lots which side onto a common.

(3) Rear yard: There shall be a rear yard having a depthof not less than forty (40) feet or twenty per cent (20%) of the depth of the lot, whichever amount is smaller, provided that no rear yard shall be less than twenty-five (25) feet in depth. Every part of the required rear yard shall be open to the sky except for: (a) permitted accessory buildings; (b) the ordinary projections described in paragraph (2) above. Supp. No. 6 .

48

§ 28-85 § 28-85

An open unenclosed porch, balcony or paved t.errace may pro­ject into a required rear yard for a distance not exceeding ten ( 10) feet. Town house lots shall have a rear yard of not lessthan twenty-five (25) feet. Accessory buildings shall be per­mitted in the required rear yard.

(4)

(a)

Lot area per family:

A lot occupied by a single-family dwelling shall con­tain an area of not less than six thousand (6,000) square feet and an average width of not less than fifty (50) feet.

(b) A lot occupied by a two-family dwelling shall containan area of not less than six thousand (6,000) squarefeet and an average width of not less than fifty (50)feet.

(c) A lot on which a multiple dwelling is erected shall con­tain a width of not less than one hundred (100) feetand an area per dwelling unit not less than shown inthe following table:

(d)

Number of stories

1, 2 & 3

Square feet per dwelling unit

9,000 square feet for a three(3) dwelling unit, plus1,750 square feet for eachadditional dwelling unit

4, 5 & 6 1,400 square feet 7, 8 & 9 1,000 square feet 10 or more 750 square feet

Town house lots shall meet the minimum dimensions as follows:

Minimum width, interior lots 18 feet

Minimum width, end lots 28 feet Minimum area 2100 square feet The lot area covered by the main building shall not ex­ceed forty per cent ( 40%) of the total lot area. A town house development shall include an open space equal to not less than ten per cent ( 10 % ) of the total de­veloped area. Required parking space, and driveways, and required yards shall not be substitut.ed for required open space.

Supp. No. 6 49

§ 28-85 § 28-86

(e) If a lot has less area or width than herein requiredand was recorded under separate ownership from ad­joining lots. at the time of the effective date of thissection, that lot or tract may be occupied by a single­family residence. (Ord. No. 737, § 4, 10-13-69; Ord.No. 889, § 1, 2-21-61; Ord. No. 1114, § 1, 7-23-63; Ord.No. 1278, § 1, 6-23-64; Ord. No. 1609, § 1, 3-1-66;Ord. No. 1707, § 1, 2-7-66; Ord. No. 1919, § 1, 12-13-66;Ord. No. 733, § 1, 6-16-70; Ord. No. 848, § 1, 1-19-71;Ord. No. 1254, § 1, 5-16-72; Ord. No. 1358, § 1, 7-11-72; Ord. No. 1892, § 1, 11-13-73)

Sec. 28-86. "R-4-P" Multiple Dwelling District regulations.

The regulations set forth in this section or set forth else­where in this article, when referred to in this section, are the district regulations of the "R-4-P" Multiple Dwelling District.

(A) USE REGULATIONS. A building or premises shall beused only for the following purposes:

(1) Any use permitted in the "R-4" Multiple Dwelling Dis­trict, subject to the standards and procedures providedtherein.

(2) Off-street parking for customers, without charge, inconnection with a commercial use located within anyshopping or business district and within three hundred

(300) feet of the off-street parking lot. Off-street park­ing so provided may be taken into account in complyingwith the parking regulations of the district withinwhich the commercial use is located; provided, how­ever, that parking in the required front yard shall notbe permitted on any lot used for residential purposes,nor in the required front yard of any lot or portionthereof which is used for other purposes, except at adistance of fifty ( 60) feet or more from the boundaryof said residential lot. All parking spaces, aisles anddrives shall be paved and drainage thereof shall be pro­vided and so arranged that water shall not flow there­from to or across adjacent property. All illumination

Supp. No. 6

50

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§ 28-86 § 28-87

provided shall be so directed as to illuminate the drives and parking spaces, and not adjacent property. A con­crete curb, six (6) inches in height, shall be provided parallel with, and at least three (3) feet from, any adjacent public sidewalk, or from the boundary of ad­jacent property. Driveways shall be so arranged as to provide for ingress and egress by forward motion of vehicels using the parking spaces. No charge shall be made for the use of the parking spaces herein de­scribed.

(B) PARKING RF.GULATIONS. The parking regulations forlots occupied by buildings are the same as those in the "R-4'� Multiple Dwelling District.

(C) HEIGHT REGULATIONS. The height regulations for lotsoccupied by buildings are the same as those in the "R-4" Multiple Dwelling District.

(D) AREA REGULATIONS. The area regulations for lots oc­cupied by buildings are the same as those in the "R-4" Mul­tiple Dwelling District. (Ord. No. 737, § 5, 10-13-59; Ord. No. 733, § 1, 6-16-70)

Sec. 28-87. ''R-5" Multiple Dwelling District regulations.

The regulations set forth in this section or set forth else­where in this article, when referred to in this section, are the district regulations of the "R-5" Multiple Dwelling District.

(A) USE RF.GULATIONS. A building or premises shall beused only for the following purposes:

(1) Any use permitted in the "R-4" Multiple Dwelling Dis­trict, subject to the standards and procedures providedtherein.

(B) PARKING REGULATIONS. The parking regulations arethe same as those in the "R-4" Multiple Dwelling District.

(C) HEIGHT REGULATIONS. No building shall exceed onehundred twenty-five (125) feet in height, but whenever any building in the "R-5" Multiple Dwelling District abuts a more Supp. No. 6

51

§ 28-87 § 28-87

restricted dwelling district it shall not exceed forty-five ( 45) feet in height unless it is set back one (1) foot from the re­quired side and rear yard lines for each foot of additional height above forty-five (45) feet. Town houses shall not exceed thirty-five (35) feet in height.

(D) AREA REGULATIONS.

( 1) Front yard:

(a) There shall be a front yard having a depth of not less

than thirty (30) feet for buildings not exceeding forty­five (45) feet in height and a front yard having adepth of not less than forty ( 40) feet for buildingsexceeding forty-five (45) feet in height. The front yardfor town houses on a public street shall be not lessthan fifteen ( 15) feet. Town house lots that frontupon a common and do not front upon a street shall berequired to have a front yard of not less than five (5)

feet into which 11ormal projections such as steps, eavesand cornices may project, but in no case shall suchappurtenances project into the common.

(b) On double frontage lots, the required front yard shallbe provided on both streets.

(c) Where a lot is located at the intersection of two (2) ormore streets, there shall be a front yard on each streetside of a corner lot; provided, ho,vever, that the build­able width of a lot of record at the time of passage ofthis section* need not be reduced to less than thirty­four (34) feet for single-family dwellings, nor to lessthan twenty-nine (29) feet for any other building, ex­cept where necessary to provide a yard along thestreet side with a width of not less than five ( 5) feet.No accessory building shall project beyond the fi:ontyard line on either street.

*Editor's note-December 13, 1966.

Supp. No. 6

52

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§ 28-87 § 28-87

(2) Side yard:

(a) The side yard regulations for buildings permitted in

the "R-3" Two-Family Dwelling District and not ex­

ceeding forty-five (45) feet in height, shall apply to

such buildings when located in the "R-5" Multiple

Dwelling District.

(b) All other buildings not exceeding forty-five (45) feetin height shall have side yards of not less than ten

(10) feet.

(c) On each end of a town house attachment there shallbe a side yard with a width of not less than ten (10)

feet. Side yards are not required for units occupyinginterior lots of such development or for end lots whichside onto a common.

(d) For buildings exceeding three (3) stories in height theside yards shall be increased in width two (2) inches

for each additional foot of height above the third story.

(3) Rear yard:

(a) Except as hereinafter provided, there shall be a rearyard having a depth of not less than twenty-five (25)

feet for buildings not exceeding forty-five ( 45) feet

in height.

(b) For buildings exceeding three (3) stories in height

the rear yard shall be increased in depth two (2) inches

for each additional foot of height above the third story.

(c) Town house lots shall have a rear yard of not less thantwenty-five (25) feet. Accessory buildings shall be per­

mitted in the required rear yard.

(4) Lot areas per family:

(a) A lot occupied by a single-family dwelling shall con­

tain a lot area of not less than six thousand (6,000)square feet and an average width of not less than fifty

(50) feet.Supp. No. 6

53

§ 28-87 MEMPHIS CODE § 28-87.

(b) A lot occupied by a two-family dwelling shall containa lot area of not less than six thousand (6,000) squarefeet and an average width of not less than fifty ( 50)feet.

(c) A lot on which a multiple dwelling is erected shallcontain a width of not less than one hundred (100)feet and an area of not less than nine thousand (9,000)square feet for a three (3) dwelling unit plus five hun­dred ( 500) square feet for each additional dwellingunit, except that this regulation shall not apply todormitories, fraternities or sororities.

(d) Where a lot has less than six thousand (6,000) squarefeet and was recorded under separate ownership fromadjoining lots at the time of the effective date of thisarticle, that lot may be used for single-family dwellingpurposes or for any other of the nondwelling uses per­mitted in this section.

(e) Lots which are to be used for town house develop­ment, shall meet the minimum dimensions as follows :

Minimum width, inter10r lots

Minimum width, end lots

Minimum area

18 feet

28 feet

1,600 square feet

The lot area covered by the main building shall not exceed forty per cent ( 40 % ) of the total lot area.

A town house development shall include an open space equal to not less than ten per cent (10%) of the total developed area. Required parking space, and drive­ways, and required yards shall not be substituted for required open space. (Ord. No. 374, § 1, 5-31-55; Ord. No. 1278, § 1, 6-23-64; Ord. No. 1616, 6-16-65; Ord. No. 1609, § 1, 3-1-66; Ord. No. 1707, § 1, 2-7-66; Ord. No. 1919, § 1, 12-13-66; Ord. No. 733, § 1, 6-16-70; Ord. No. 1254, § 1, 5-16-72; Ord. No. 1892, § 1, 11-13-73)

Supp. No. 6 54

u

§ 28-88 § 28-88

Sec. 28-88. "R-5-P" Multiple Dwelling District reguiations.

The regulations set forth in this section or set forth else­where in this article when ref erred to in this section, are the district regulations of the "R-5-P" Multiple Dwelling Dis­trict.

(A) USE REGULATIONS. A building or premises shall beused only for the following purposes :

(1) Any use permitted in the "R-5" Multiple Dwelling Dis­trict, subject to the standards and procedures providedtherein.

(2) Off-street parking for customers, without charge, inconnection with a commercial use located within anyshopping or business district and within three hundred(300) feet of the off-street parking lot. Off-street park­ing so provided may be taken into account in complyingwith the parking regulations of the district withinwhich the commercial use is located; provided, how­ever, that parking in the required front yard shallnot be permitted on any lot or portion thereof whichis used for other purposes, except at a distance of fifty(50) feet or more from the boundary of said resi­dential lot. All parking spaces, aisles and drives shallbe paved and drainage thereof shall be provided andso arranged that water shall not flow therefrom to oracross adjacent property. All illumination providedshall be so directed as to illuminate the drives andparking spaces, and not adjacent property. A concretecurb, six (6) inches in height, shall be provided paral­lel with, and at least three (3) feet from, any adjacentpublic sidewalk, or from the boundary of adjacentproperty. Driveways shall be so arranged as to providefor ingress and egress by forward motion of vehiclesusing the parking spaces. No charge shall be madefor the use of the parking spaces herein described.

(B) PARKING REGULATIONS. The parking regulations forlots occupied by buildings are the same as those in the "R-5" Multiple Dwelling District. Supp. No. 6

55

§ 28-88 § 28-88.1

(C) HEIGHT REGULATIONS. The height regulations for lot.soccupied by buildings are the same as those in the "R-5" Multiple Dwelling District.

(D) AREA REGULATIONS. The area regulations for lots oc­

cupied by buildings are the same as those in the "R-5" Multi­ple Dwelling District. (Ord. No. 737, § 6, 10-13-59; Ord. No.

733, § 1, 6-16-70)

Sec. 28-88.1. "0-1" Office District regulations.

The regulations set forth in this section, or set forth else­where in this article, when referred to in this section are the district regulations in the "0-1" Office District.

Supp. No. 6 [The next page is 61]

56

§ 28-88.1 § 28-88.1

(A) USE REGULATIONS. A building or premises shall not be

used for any purpose except the following :

( 1) A single office not including retail sales, subject to

the following conditions:

(a) The maximum building coverage shall be thirty­

five per cent (35%) of the lot area.

(b) The maximum area to be used for parking or

vehicular access shall be fifty per cent ( 50 % ) of

the lot area.

( c) Reserved.

(d) Reserved.

(e) Plan approval: Before a building permit or a cer­

tificate of occupancy may be issued for erection or

occupancy of any building, a site plan shall have

been reviewed and approved by the planning com­

mission as complying with its policies and stand­

ards, and recorded by the owner.

(2) A single business sign is permitted provided it is at­

tached to the front of the building or does not extendoutward from the building wall more than eighteen

( 18) inches and does not exceed an area of more than

three (3) square feet.

(B) PARKING REGULATIONS. All parking spaces shall be

paved. Not more than three (3) spaces may be located in any

required front yard, and all additional spaces shall be located

behind the required front yard.

(1) General office: A minimum of three (3) parking

spaces, plus one (1) additional parking space for each

two hundred (200) square feet of floor area in excess

of the first six hundred ( 600) square feet.

(2) Medical or dent'1-l office: A minimum of three (3) park­

ing spaces, plus one (1) additional parking space for

each one hundred (100) square feet of floor area inexcess of the first three hundred (300) square feet.

61

§ 28-88.1 § 28-88.1

(C) HEIGHT REGULATIONS. No building shall exceed thirty-

five (35) feet in height. This limitation shall not apply to

( 1) Belfries

( 2) Chimneys

(3) Flagpoles

(4) Radio and television towers, antennae and aerials.

(D) AREA REGULATIONS.

( 1) Front yard.

(a) There shall be a front yard having a depth of

not less than thirty ( 30) feet.

(b) On corner lots there shall be a front yard on each

street side of the lot; provided, however, that the

buildable width of a lot of record at the time of

this section may not be less than twenty-nine (29)

feet, except as specifically approved QY the plan­

ning commission.

(c) No fence, structure or planting shall be placed

or permitted to remain within twenty (20) feet of

any street corner. Said corner shall be defined as

the nearest intersecting right-of-way lines of any

two (2) streets.

(2) Side yards. There shall be a minimum side yard of

five (5) feet and shall include either a landscape

screen as defined in this article, or a solid fence at

least six ( 6) feet in height. Landscape screens may

be modified by the planning commission so as to

accommodate unusual site requirements.

(3) Rear yard. There shall be a rear yard having a depth

of not less than twenty-five (25) feet and shall include

a landscape screen as defined in this chapter with a

minimum width of fifteen (15) feet or a solid fence

six (6) feet in height. (Ord. No. 678, § 1, 4-14-70;

Ord. No. 717, § 1, 5-26-70; Ord. No. 1121, § 1, 11-16-

71)Amendment note-Ord. No. 678, § 1, deleted former § 28-89 pertaining

to "0" Office District regulations which was derived frolll Ord. No. 1142, § 1, adopted Oct. 15, 1963; Ord. No. 1609, § 1, adopted March 1, 1966 and Ord. No. 1707, § 1, adopted Feb. 7, 1966 and added new §§ 28-88.1 and 28-89 prescribing regulations in "0-1" and "0-2" OfficeDistricts. Ord. No. 717, § 1, amended § 28-88.1 by adding (A) (1). Ord.No. 1121, § 1, repealed§ 28-88.l(A)(l)(c), (d) pertaining to streetfrontage and lot areas.

62

§ 28-89 § 28-89

Sec. 28-89. "0-2" Office District regulations.

The regulations set forth in this section or set forth else­where in this article when referred to in this section, are the district regulations in the "0-2" Office District. This district

may be established only when the premises adjoins an existing industrial, commercial or shopping center district or is across the street from an existing industrial, commercial or shopping center district.

(A) USE REGULATIONS. A building or premises may beused only for the following purposes :

(1) Single-family dwdlings

(2) Two-family dwellings

(3) Churches

(4) Banks

(5) Barbershop or beauty parlor with not more than five(5) operators

( 6) Book store

(7) Business schools

( 8) Florist shop

(9) Medical or dental clinics

(10) Offices

(11) Photographers' studio or art academy

(12) Restaurant, provided that such use occupies no morethan one-third (1/a) of the ground floor area of a mainstructure having three (3) or more stories.

( 13) The following accessory uses :

(a) Apothecary, provided that such use occupies no

more than one-third (1/a) of the ground floor area

of a main structure having three (3) or morestories.

(b) Business signs provided that they are attached tothe front of the building, do not extend outwardfrom the building wall more than eighteen (18)inches and do not exceed an area of more thanthirty-five (35) square feet in size.

63

§ 28-89 § 28-89

(B) PARKING REGULATIONS.

(1) Single-family and two-family dwellings: One (1) park­

ing space for each dwelling unit.

(2) Churches: Each new church constructed or existing

church auditorium enlarged after the effective date of

this section shall provide one (1) parking space for

each ten (10) seats provided in the main auditorium.

(3) Medical and dental clinics: One (1) parking space for

each person employed plus five (5) parking spaces.

(4) Barbershops and beauty parlors: One (1) parking

space for each person employed plus five (5) parking

spaces.

( 5) Other uses permitted in this district shall provide

parking spaces in the ratio of not less than one (1)

parking space for each two hundred (200) square feet

of floor space in the building except a restaurant shall

provide one (1) parking space for each one hundred

(100) square feet of floor area. Such parking space

shall be located on the same lot as the building. The

parking spaces required for non-residential uses shall

not be located in the required front yards. Parking

spaces shall not be permitted within ten (10) feet of a

side yard line abutting a dwelling district.

(C) HEIGHT REGULATIONS. No building shall exceed one

hundred twenty-five (125) feet in height. The above limitation

shall not apply, except in the Airport Approach and Turning

Zone, to:

( 1) Belfries

(2) Chimneys

(3) Church spires

( 4) Flagpoles

(5) Radio and television towers, antennae or aerials.

(D) AREA REGULATIONS.

(1) Front yard:

(a) There shall be a front yard having a depth of not

less than thirty (30) feet.

64

§ 28-89

(b) On corner lots there shall be a front yard on eachstreet side of the lot; provided, however, that thebuildable width of a lot of record at the time ofthe passage of this section need not be reduced toless than thirty-four (34) feet for single-familydwellings, nor to less than twenty-nine (29) feet.

(c) No fence, structure, planting or object of naturalgrowth shall � placed or permitted to remainwithin twenty (20) feet of any street corner, saidcorner being defined as the intersection of theright-of-way lines of the two (2) streets.

(2) Si.de yards:

(a) A lot occupied by a single-family dwelling or a

two-family dwelling shall provide a side yard hav­ing a width of not less than five (5) feet.

(b) All other buildings not exceeding two (2) storiesin height shall provide a total width of the twoside yards of not less than fifteen (15) f ect andneither side yard shall be less than five (5) feetin width, except that a side yard contiguous to adistrict zoned "R," "R-1," "R-1-A" or "R-2" shallnot be less than ten (10) feet.

(c) For buildings exceeding two (2) stories in heighteach additional foot of building height above thesecond story shall cause the fifteen (15) feet totalwidth established in paragraph (b) above to beincreased one (I) foot on each side of the build­ing, and shall cause both the minimum five (5)feet and the minimum ten (10) feet widths estab­lished in paragraph (b) above to be increased one(1) foot.

(3) Rear yard:

(a) A lot occupied by a single-family dwelling or atwo-family dwelling shall provide a rear yard hav­ing a depth of not less than twenty-five (25) feet.

(b) All other buildings not exceeding two (2) storiesin height shall provide a rear yard having a depthof not less than twenty-five (25) feet.

Supp. No.9 65

§ 28-89 § 28-89.1

(c) For buildings exceeding two (2) stories in heightthe rear yard shall be increased in depth one ( 1)foot for each additional foot of building height

above the second story.

(4) Lot area per family:

(a) A lot occupied by a single-family dwelling shallcontain a lot area of not less than six thousand(6,000) square feet and an average width of notless than fifty ( 50) feet.

(b) A lot occupied by a two-family dwelling shall con­tain a lot area of not less than six thousand(6,000) square feet and �n average width of notless than fifty (50) feet.

(c) Where a lot contains less than six thousand (6,000)square feet and was recorded under separate own­ership from adjoining lots at the effective dateof this section, that lot may be used for one single­family dwelling or for one of the other non-resi­dential uses permitted in this district. (Ord. No.678, § 1, 4-14-70; Ord. No. 757, § 1, 7-28-70; Ord.No. 1121, § 1, 11-16-71)

Sec. 28-89.1. "P" Parking District regulations.

The regulations set forth in this section or set forth else­where in this article, when referred to in this section, are the district regulations in the "P" Parking District.

(A) USE REGULATIONS. Premises shall only be used for

off-street parking lots or parking structures, including passen­

ger vehicles, but excluding trucks exceeding three-quarters

(¾) of a ton in size.

(1) All parking spaces, aisles and drives shall be paved and

drainage thereof shall be provided so as not to obstructor alter the natural flow of water.

Supp. No. 9 66

u

§ 28-89.1 § 28-89.1

(2) If lighting is provided, it shall be arranged to minimizeglare on adjacent property by location of light fixtures

or use of fixtures designed to eliminate direct view ofluminaires in fixtures.

(3) There shall be provided along the lines adjacent to

residentially zoned lots either a landscape screen or a

solid fence with a minimum height of six (6) feet.

( 4) The following accessory uses shall be allowed:

(a) Parking lot attendant's shelter, provided that such

does not exceed one hundred (100) square feet offloor area and that said shelter shall have a mini­

mum front yard of thirty (30) feet.

(b) One business sign with a maximum area of thirty­

five (35) square feet. Such sign may be self-illumi­nated provided that such lighting shall be clear(color prohibited) and shall not contain flashing

intermittent, or moving illumination. Signs shall be

set back twenty (20) feet from adjacent residen­

tially-zoned Jots.

(B) HEIGHT REGULATIONS. No structure shall exceed

fifty (50) feet in height, but wherever any "P" Parking District is located adjacent to or across a public right-of-way

from a residentially zoned lot, no structure shall exceed thirty­

five (35) feet in height unless on those sides adjacent to or

facing a residential lot there is an additional setback of one

foot from the required yard lines for each foot of height above

thirty-five (35) feet.

(C) AREA REGULATIONS.

(1) When a "P" Parking District is adjacent to a residen­

tially zoned lot:

(a) Parking in the required front yard shall not be per­

mitted except at a distance of fifty (50) feet or

more from the boundary of said residentially zoned

Supp. No.9

66.1

§ 28-89.1 § 28-89.1

lots. The required front yard shall have a depth of

not less than thirty (30) feet and shall be land­

scaped.

(b) All structures not more than thirty-five (35) feet

in height shall have side or rear yards of not less

than fifteen (15) feet in width on those sides

adjacent to residentially zoned lots. Structures

over thirty-five (35) feet in height shall have addi­

tional setback as required in (B), height regula­

tions, above. No side or rear yard is required when

said yards would be adjacent to nonresidential

districts.

(2) The following figures represent examples of setbacks,

landscaping, and fencing for parking lots:

Planting screen or fence

Supp. No.9

Figure 1

Office, Commercial or Industrial

Required Front Yard

66.2

District

(

§ 28--104 § 28--104

formal application for a planned unit development is made.This conference shall concern, but not be limited to, adiscussion of the characteristics of the planned unitdevelopment site (existing zoning, accessibility, size, topo­graphy, general area of structures, adjacent uses), theproposed development (types of uses, density, parking areas,location and maintenance of open space, landscaping,circulation); comm unity facilities and services, their locationand availability; dedications, if any, of streets andthoroughfares; and, development schedule and phasing.

(3) Preliminary general plan. Following the preapplicationconference a preliminary general plan of the planned unitdevelopment shall be submitted, together with an applica­tion and the appropriate filing fee as stated in paragraph(8), to the planning commission which shall review sameand set for public hearing not earlier than thirty-five (35)days after filing. Closing date, notice and hearing shall beas in rezoning cases. The application form shall befurnished by the planning commission.

(

The purpose of the preliminary general plan is to permit(review by the planning commission and the public prior to

the detailing of the final plan (paragraph (5) below) andshould contain only that detail required for this purpose,including at least the following information:

(a) Proposed development's name, date, north point,graphic scale.

(b) Location of the proposed P.U.D. in relation to thesurrounding area (on the area map).

(c) Existing zoning of the subject property and adjacentproperty.

(d) Metes and bounds description with drawing to scale.(e) Proposed setbacks and height restrictions. (f) Surrounding type(s) of development and land use and

names of adjoining property owners and/or subdivi­sions as required in rezoning applications.

(g) Topography of the site on five (5) foot or other contourintervals as required by planning commission staff at

Supp. No. 10 120