Ord. No. 2061 — PLANNED UNIT DEVELOPMENTS (§ 157)

ORDINANCE NO. 2061 [PLANNED UNIT DEVELOPMENTS (§ 157)]

Adopted ..... | May 28, 1974 Referendum Election ..... | Aug. 1, 1974 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MEMPHIS, SAME BEING CHAPTER 11 OF THE ACTS OF 1879, AS AMENDED PURSUANT TO THE PROVISIONS OF ARTICLE 11, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT), SO AS TO AUTHORIZE PLANNED DEVELOPMENTS WHICH, WHEN APPROVED BY THE COUNCIL OF THE CITY OF MEMPHIS, MAY VARY FROM THE ZONING DISTRICT REGULATIONS IN WHICH LOCATED AND TO AUTHORIZE ISSUANCE OF INDIVIDUAL BUILDING PERMITS ON STRUCTURES SHOWN ON APPROVED PLATS; AND TO SUBMIT THE PROPOSED ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY OF MEMPHIS AT THE FIRST GENERAL ELECTION TO BE HELD AUGUST 1,1974. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, that the present Charter of the City consisting of the provisions of Chapter 11 of the Acts of 1879, as amended, be and the same is further amended as follows: Section 1. By adding to Article 21. General Zoning Regulations, a new section, as follows: "Section 157. Planned Unit Developments. The Council may by Ordinance provide for approval of planned developments on parcels of land in which the heights, areas, densities, uses and such other items applicable and pertinent to said development, may be as set out on a recordable plat although they may not be uniform with those in the district in which located. Such a plan shall first be submitted to and a recommendation made by the Planning Commission. Such plats shall show the street and road patterns, dedications, if any, set backs, heights, density, uses, building separation, open areas, screenings, and such other items applicable and pertinent to said development, as proposed by the applicant and their conformity with standards set by the Planning Commission, as approved by the Council so as to carry out the intention of the zoning ordinance and preserve the character of the neighborhood. Upon approval and enactment by the Council, such conditions shall be binding upon the applicant/owner until relieved by amendment or repeal. Building permits may be issued in accordance with the approved plan even though more than one structure is to be located thereon." Section 2. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Memphis, not in conflict with this amendatory Home Rule Ordinance be, and the same are continued in full force and effect and all laws in conflict therewith are hereby repealed. Section 3. BE IT FURTHER ORDAINED, that the Comptroller be, and he is hereby directed to cause this proposal (Ordinance) to be published pursuant to the provisions of Article 11, Section 9 of the Constitution of the State of Tennessee. Section 4. BE IT FURTHER ORDAINED, that the Comptroller be, and is hereby directed to deliver a copy of this Ordinance to the Shelby County Election Commission, together with a suggested proposal and the following form of preference to be placed on the ballot in an election to be held on the 1st day of August, 1974. REFERENDUM ON HOME RULE AMENDMENT TO CHARTER OF THE CITY OF MEMPHIS SO AS TO AUTHORIZE PLANNED DEVELOPMENTS WHICH, WHEN APPROVED BY THE COUNCIL OF THE CITY OF MEMPHIS, MAY VARY FROM THE ZONING DISTRICT REGULATIONS IN WHICH LOCATED AND TO AUTHORIZE ISSUANCE OF INDIVIDUAL BUILDING PERMITS ON STRUCTURES SHOWN ON APPROVED PLATS: An Ordinance of the City of Memphis adopted on the 28th day of May, 1974, providing for a referendum on a Home Rule Amendment to the Charter of the City of Memphis so as to authorize planned developments which, when approved by the Council of the City of Memphis, may vary from the zoning district regulations in which located and to authorize issuance of individual building permits on structures shown on approved plats. FOR | (YES) _____ AGAINST | (NO) _____ Section 5. BE IT FURTHER ORDAINED, that this Ordinance shall be published immediately after the adoption thereof. Section 6. BE IT FURTHER ORDAINED, that the Shelby County Election Commission shall certify, to the Comptroller of the City of Memphis, Tennessee, the results of said election who shall see that said resolutions are made a part of the minutes of the Council of the City of Memphis. Section 7. BE IT FURTHER ORDAINED, that this Ordinance shall take effect for the purposes set forth herein sixty (60) days after approval by a majority of the qualified voters voting thereon in an election to be held on the 1st day of August, 1974, the public welfare requiring it. Section 8. BE IT FURTHER ORDAINED, that this Ordinance shall take effect from and after the date it shall have been passed by the Council of the City of Memphis, signed by the Chairman of the Council, certified and delivered to the office of the Mayor in writing by the Comptroller and become effective as otherwise provided by law. ED McBRAYER, Chairman of Council ATTEST: GEORGE SUPENSKY, City Comptroller.