MEMPHIS AND SHELBY COUNTY LAND USE CONTROL BOARD

Memphis Code of Ordinances tit. 2, ch. 2-50

in effect

Memphis Code of Ordinances § 2-50-1 Joint office of planning and development created; assignment to division.

Sec. 2-50-1. - Joint office of planning and development created; assignment to division. There is created the Memphis and Shelby County Office of Planning and Development consisting of: (1) a comprehensive planning section; and (2) a land use control section, which shall be, for budgetary purposes of the city and county, assigned to the respective executive offices; and, further, shall hereafter be operated by contract attached to the ordinance codified in this chapter and expressly incorporated herein by reference. (Code 1967, § 28-12; Code 1985, § 26-41; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-2 Land use control board; membership; terms; qualifications.

Sec. 2-50-2. - Land use control board; membership; terms; qualifications. The land use control board is created and shall be composed of a total of ten citizens and two ex officio members as follows: A. The city council, upon recommendation of the mayor, shall appoint five citizen members whose terms shall be for three years, expiring with the calendar year. In addition, the city council, on the recommendation of the mayor, shall designate one ex officio member who shall be the chief administrative officer, or his or her designated representative, and who shall serve during the term of office in an advisory capacity and without the right to vote. B. The board of commissioners of the county, upon the recommendation of the mayor of the county, shall appoint five citizen members whose terms shall be for three years, expiring with the calendar year. In addition, the board of commissioners, on recommendation of the mayor of the county, shall designate on ex officio member who shall be the chief administrative officer, or his or her designated representative, and who shall serve during the term of his or her office in an advisory capacity and without the right to vote. C. All citizen 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 citizen members shall serve without pay and no ex officio member shall be entitled to additional pay by reason of membership on such land use control board. All members shall be entitled to reimbursement for any actual expense incurred in connection with such membership, provided the same was authorized in advance by the city and county chief administrative officers. E. The term of all citizen members shall extend until their successors are qualified; provided, however, three such successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the appointing authority without the necessity of a hearing or notice and their action shall be final. (Code 1967, § 28-13; Code 1985, § 26-42; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-3 Vacancies.

Sec. 2-50-3. - Vacancies. 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. When the deputy director of land use control has reason to believe that a regular member will be absent, he or she may notify the respective mayor as to that city or county appointee; the respective mayor may then designate in writing a temporary replacement for the ensuing meeting. Such temporary appointee shall have all the rights and responsibilities of the regular member for the meeting to which appointed. (Code 1967, § 28-14; Code 1985, § 26-43; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-4 Chairperson; vice-chairperson; secretary; term; vacancies.

Sec. 2-50-4. - Chairperson; vice-chairperson; secretary; term; vacancies. A. In even-numbered years, the mayor of the county shall appoint from among the citizen appointees the chairperson of land use control board, and in odd years shall appoint the vice-chairperson in the same manner. In odd years, the mayor of the city shall appoint, from its citizen appointees, the chairperson of the land use control board and in even years shall appoint the vice-chairperson in the same manner. 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 selection. The chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization, except as hereinafter restricted. B. The vice-chairperson shall perform the duties of the chairperson in the latter's absence or disability. The deputy director of land use control shall be the secretary of the land use control board. The secretary shall cause proper minutes and records to be kept of all proceedings of the land use control board, shall be the official custodian of its records, and shall be responsible for reporting the actions of the land use control board to the appropriate legislative and administrative bodies. C. The director of planning and development shall be responsible for communicating staff recommendations, which may or may not agree with the land use control board, to the appropriate legislative bodies. (Code 1967, § 28-15; Code 1985, § 26-44; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-5 Qualifying of land use control board members; oath.

Sec. 2-50-5. - Qualifying of land use control board members; oath. The members of the board created by this chapter shall qualify and take an oath to uphold the Constitutions of the United States and the state, and faithfully discharge the duties of his or her office. (Code 1967, § 28-16; Code 1985, § 26-45; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-6 Powers and duties.

Sec. 2-50-6. - Powers and duties. A. All former powers and duties of the Memphis and Shelby County Planning Commission shall be delegated to the city and county office of planning and development created herein, except as otherwise provided hereafter, and shall include but not be limited to the powers and duties as set forth in the contract between the city and county which is attached hereto and expressly incorporated herein by reference. B. The recommendation to the respective legislative bodies of zoning studies and regulations, the mapping and revision of zoning districts, special permits, planned unit developments, and regulations for the subdivision of land, recommendation as to subdivisions proposed thereunder, street and alley closings shall be vested in the Memphis and Shelby County Land Use Control Board as created by this chapter; street name change powers shall be vested in the Memphis City Council with regard to City of Memphis streets and other thoroughfares, including streets and other thoroughfares within residential developments. Any conflicts with the Memphis and Shelby County Unified Development Code shall be made in favor of this section. C. For the purpose of this chapter, all subdivision and zoning powers given to the former planning commission by public or private acts shall be vested in the Memphis and Shelby County Land Use Control Board, except as modified herein. (Code 1967, § 28-17; Code 1985, § 26-46; Ord. No. 2524, § 1, 12-21-1976; ; Ord. No. 5759, § 1, 9-1-2020)

Memphis Code of Ordinances § 2-50-7 Meetings.

Sec. 2-50-7. - Meetings. The land use control 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, the respective mayor may appoint a substitute for the chairperson or vice-chairperson. (Code 1967, § 28-18; Code 1985, § 26-47; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-8 Quorum.

Sec. 2-50-8. - Quorum. Seven citizen members shall constitute a quorum. A majority vote of the members present shall be required for a passage of any matter before the land use control board. (Code 1967, § 28-19; Code 1985, § 26-48; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-9 Land use control board staff services.

Sec. 2-50-9. - Land use control board staff services. All staff services provided for the land use control board shall be as that specified in the aforementioned contract, which is attached to the ordinance codified in this chapter and expressly incorporated herein by reference. (Code 1967, § 28-20; Code 1985, § 26-49; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-10 Rules.

Sec. 2-50-10. - Rules. The land use control board, upon joint approval by the respective legislative bodies of the county and the city, is authorized to promulgate rules for the orderly administration of its affairs. (Code 1967, § 28-22; Code 1985, § 26-50; Ord. No. 2524, § 1, 12-21-1976)

Memphis Code of Ordinances § 2-50-11 Fees; distribution.

Sec. 2-50-11. - Fees; distribution. The land use control board 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, § 28-23; Code 1985, § 26-51; Ord. No. 2524, § 1, 12-21-1976)

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_CH2-50MESHCOLAUSCOBOFetched: 10/28/2026