MEMPHIS AND SHELBY COUNTY BOARD OF ADJUSTMENT

Memphis Code of Ordinances tit. 2, ch. 2-48

in effect

Memphis Code of Ordinances § 2-48-1 Created.

Sec. 2-48-1. - Created. There is created the Memphis and Shelby County Board of Adjustment. For budgetary purposes of the city, the same is assigned to the executive office. For budgetary purposes of the county, the same is assigned to the division of administration and finance. (Code 1967, § 28-28.1; Code 1985, § 26-16; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-2 Membership of board; term; qualification.

Sec. 2-48-2. - Membership of board; term; qualification. The board of adjustment shall be composed of a total of eight members, as follows: A. The mayor of the city shall appoint, with the approval of a majority of the city council, four members, none of whom may be an elected official, whose terms shall be for three years, expiring with the calendar year. B. The mayor of the county shall appoint, with the approval of a majority of the board of commissioners, four members, none of whom may be an elected official, whose terms shall be for three years, expiring with the calendar year. C. All members shall have been residents of the county (either within or without the city) for a period of at least one year prior to their appointment. D. All members shall serve without pay but shall be entitled to reimbursement for any actual expense incurred in connection with such membership provided same was authorized or ratified by the board and is within its budget. E. Appointees of the city shall be subject to removal by the mayor with the concurrence of a majority of the council. Appointees of the county shall be subject to removal by the mayor with the concurrence of a majority of the board of commissioners. F. The term of all members shall extend until their successors are qualified. (Code 1967, § 28-28.2; Code 1985, § 26-17; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-3 Vacancies.

Sec. 2-48-3. - Vacancies. A. Permanent vacancies created by any cause shall be filled for the unexpired term in the same manner and by the same authority as made the original appointment. B. Anticipated or temporary vacancies may be filled on behalf of an appointee of the board of commissioners by the county mayor and, as to an appointee of the city council, by the city mayor from lists of members named as above and approved by the respective legislative bodies. Such appointment shall be in writing specifying the duration thereof which shall not be longer than 30 days and shall be filed with the secretary of the board of adjustment. Any such appointee so designated shall have all the powers, rights, authority and duty imposed upon a regular appointee. (Code 1967, § 28-28.3; Code 1985, § 26-18; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-4 Chairperson; vice-chairperson; term; duties and vacancies.

Sec. 2-48-4. - Chairperson; vice-chairperson; term; duties and vacancies. A. In even-numbered years the mayor of the city, with the concurrence of a majority of the city council, shall designate the chairperson from among its appointees, who shall serve for one year, expiring with the calendar year, and until his or her successor is appointed and qualified; and the mayor of the county, with the concurrence of a majority of the board of commissioners, shall designate the vice-chairperson from among its appointees, who shall serve for one year, expiring with the calendar year, and until his or her successor is elected and qualified. In odd-numbered years the chairperson shall be selected by the county mayor and board of commissioners, as above, and the vice-chairperson by the city mayor and city council, as above. B. Permanent or temporary vacancies in the offices of chairperson or vice-chairperson created by any cause shall be filled in the same manner and by the same authority as hereinabove provided with respect for vacancies for other members. C. The chairperson shall be the chief executive officer of such board, preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization, except as may be restricted herein. The vice-chairperson shall perform the duties of the chairperson in the latter's absence or disability. (Code 1967, § 28-28.4; Code 1985, § 26-19; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-5 Qualifying by members of the board; oaths.

Sec. 2-48-5. - Qualifying by members of the board; oaths. Members of the board shall qualify and take an oath to uphold the Constitution of the United States and of the state and faithfully discharge the duties of their office. (Code 1967, § 28-28.5; Code 1985, § 26-20; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-6 Powers and duties.

Sec. 2-48-6. - Powers and duties. The board shall exercise such powers and duties as may be delegated by law to it; as to matters lying within the city limits under the laws applicable to the board of adjustment authorized to act in the city, and as to matters outside the city limits of an incorporated city in the county, then under the laws applicable to the board of adjustment having authority within the county and outside the city limits. (Code 1967, § 28-28.6; Code 1985, § 26-21; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-7 Meetings.

Sec. 2-48-7. - Meetings. The board shall provide in its rules for its meetings; provided, however, that, special meetings shall be called only by the joint action of the chairperson and vice-chairperson, or in the absence or disability of either, at the instance of the active officer and a member appointed by the legislative agency other than that which appointed the active officer. (Code 1967, § 28-28.7; Code 1985, § 26-22; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-8 Quorum.

Sec. 2-48-8. - Quorum. Five members shall constitute a quorum. The votes of five members shall be required for the passage of any affirmative action by the board. (Code 1967, § 28-28.8; Code 1985, § 26-23; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-9 Budget; appropriation.

Sec. 2-48-9. - Budget; appropriation. The board shall annually submit a budget of its contemplated operation for each year to the city and county mayors who, if they approve, shall forward same to the legislative bodies concerned for approval and appropriation, each of the agencies to appropriate one-half of the approved amount. (Code 1967, § 28-28.9; Code 1985, § 26-24; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-10 Secretary; term; salary.

Sec. 2-48-10. - Secretary; term; salary. Within the limitations of its approved budget, the board at its first meeting in January of each year, shall elect a suitable person to be secretary of the board of adjustment and fix his or her salary, which shall be subject to approval of the legislative bodies and within the approved budget. (Code 1967, § 28-28.10; Code 1985, § 26-25; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-11 Duties of secretary.

Sec. 2-48-11. - Duties of secretary. The secretary of the board shall devote his or her full time to his or her position and shall carry out all duties assigned to him or her by the board. He or she shall take and subscribe to the same oath as board members and provide bond in the penal sum of $5,000.00, payable to the city and county, conditioned on the faithful performance of his or her assigned duties. The cost of such bond shall be paid out of the funds of the board. (Code 1967, § 28-28.11; Code 1985, § 26-26; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-12 Assistants.

Sec. 2-48-12. - Assistants. The secretary shall employ such assistants as he or she may deem advisable within his or her budgetary limitations, with the approval of the board; provided, nothing herein shall waive any provision of applicable civil service or retirement laws. (Code 1967, § 28-28.12; Code 1985, § 26-27; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-13 Rules.

Sec. 2-48-13. - Rules. The board is authorized to promulgate rules for the orderly administration of its affairs, not in conflict herewith. (Code 1967, § 28-28.14; Code 1985, § 26-28; Ord. No. 722, § 1, 6-2-1970)

Memphis Code of Ordinances § 2-48-14 Fees; distribution.

Sec. 2-48-14. - Fees; distribution. The board of adjustment is authorized to set a uniform schedule of fees subject to the approval of the respective legislative bodies of the city and county by resolution. All fees accruing hereunder shall be promptly deposited with the treasurer of the county, who shall cause the same to be credited to the account of the office of planning and development and one-half shall be further credited to the general fund revenues of the city, and one-half credited to the account of the county, and remittance made quarterly. (Code 1967, § 28-28.15; Code 1985, § 26-29; Ord. No. 722, § 1, 6-2-1970; Ord. No. 2932, § 1(1), 10-23-1979; Ord. No. 3105, § 1, 3-17-1981; Ord. No. 3472, § 1, 7-2-1985; Ord. No. 3754, § 1, 5-10-1988; Ord. No. 4345, § 1, 7-25-1995; Ord. No. 4691 § 1, 11-16-1999; Ord. No. 5459, § 1, 7-17-2012)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT2AD_CH2-48MESHCOBOADFetched: 10/28/2026