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DPD : FAQ
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| Q. What is the Division of Planning and Development? |
| A. The Memphis and Shelby County Division of Planning and Development (DPD) is a joint agency that serves both the City of Memphis and Shelby County governments. Its mission includes the development of plans and programs that result in thriving and livable neighborhoods, safe and efficient buildings and enhanced economic development opportunities. |
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| Department of Construction Code Enforcement | |
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PLAN REVIEW SECTION |
Q. What is a building permit?
A. A building permit is a license that grants legal permission to construct, enlarge, alter, repair or demolish a structure or change the use of a building. |
Q. When do I need a building permit?
A. A permit is required to construct, alter, repair, enlarge, move or demolish a building or any part of or appurtenance to a structure. |
Q. What are building codes?
A. Building codes are rules Memphis and Shelby County have legally adopted to promote the health, safety, and welfare of the residence of Shelby County. |
Q. What building codes are enforced in Memphis and Shelby County?
A. 2003 International Building Code with Local Amendments, 2003 International Existing Building Code or Chapter 34 IBC, 2002 National Electrical Code, 2003 Joint Electrical Code, 2003 International Gas Code with Local Amendments, 2003 International Mechanical Code, 2003 International Plumbing Code with Local Amendments, 2004 ANSI/ASME Elevator Code - A17.1, 1998 ICC/ANSI Handicap Accessibility Code in conjunction with Chapter 11 of 2003 IBC, and 1992 CABO Model Energy Code. |
Q. What is my permit fee?
A. Permit fees shall be calculated by a Plans Examiner. For fee, building code and zoning ordinance questions, contact a Building Plans Examiner at 379-4270. |
For additional information contact:
Ted Illsley, Plans Review Manager
(901)379-4223. |
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BUILDING SECTION |
Q. How long is a permit valid?
A. Permits are valid for the duration of the project, provided construction begins within six months of obtaining the permit. If work is abandoned for more than six continuous months, the permit will expire and new permits must be obtained to continue work. |
Q. If I have a question about a project, who should I contact?
A. First, contact your Field Inspector, but if you need further assistance, contact the Chief Inspector. |
Q. What types of inspections are required?
A. Typically, builders are required to call for three types of inspections during a project, prior to covering up the work: footing/slab, floor joist/framing, and final when work is complete. The number for an inspection is listed on the permit. |
Q. When should I call to schedule an inspection?
A. Call the phone number listed on the permit when you are ready. The Inspector will make the inspection within 24 hours |
Q. When is a building permit not required?
A. Normal maintenance of a building or structure does not require a building permit. A call to the office will clear up any questions relating to what projects require a building permit. |
For additional information contact:
Don Montgomery, Chief Building Inspector
(901)379-4310 |
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PLUMBING SECTION |
Q. Is a business required to furnish restroom facilities to the public?
A. Restroom facilities and drinking fountains must be furnished in all commercial establishments for the public and employees. |
Q. Can you tell me if a certain plumbing contractor is licensed to work in Shelby County?
A. If he has Shelby County or a State Master License, a $25,000 bond and Shelby County Business License, he may do business in Shelby County. |
Q. When do I need a permit?
A. A permit is required for any substantial repairs, alterations, new buildings and additions. |
Q. Who can get a plumbing permit?
A. A licensed and bonded Plumbing Contractor. We DO NOT sell the homeowner permits. |
Q. What is my permit fee?
A. It is based on the number of plumbing fixtures at $7.50 each, plus sewer $30.00 and water service $20.00 to $30.00, plus a $4.00 data processing fee. |
For additional information contact:
Gene Childress, Chief Plumbing Inspector
(901)379-4340 |
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ELECTRICAL SECTION |
Q. As a homeowner, can I do my own electrical work?
A. Yes, but on existing homes only, you must show proof of ownership and pass an Homeowners Electrical Examination. The first exam is free, the second exam is $25.00. If the owner fails the second exam, no other exam will be given. |
Q. What is the latest code being enforced?
A. The 2002 National Electrical Code with local amendments. |
Q. When is an electrical permit required?
A. A permit is required for all new or existing installations. |
Q. Who can obtain a permit?
A. Only licensed, bonded and registered contractors. |
Q. What time will my inspection be made?
A. If the electrical application is submitted before 3:30 p.m., an inspection will be completed the following business day. A 24-hour notice is required prior to inspection. |
For additional information contact:
Bob Johnson, Chief Electrical Inspector
(901)379-4320 |
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MECHANICAL / GAS SECTION |
Q. When do I need a mechanical or gas permit?
A. Any owner, authorized agent, or contractor who desires to install, alter, or replace any gas or mechanical system or cause any such work to be done shall first hire a licensed or registered contractor to make application and obtain the required permit for the work. |
Q. Can I obtain a permit for work on my house?
A. No, all mechanical (heating, ventilation, and air conditioning) and gas permits must be obtained by a licensed or registered contractor. |
Q. How much does a mechanical permit cost?
A. The cost of a permit is determined by the contract price. |
Q. What is the status of my mechanical inspection?
A. This information can be obtained by using the permit number or the job address. |
Q. What about my gas meter set, is it OK?
A. Provide the permit number or job address and this information can be verified. |
For additional information contact:
Jerry Bullard, Chief Mechanical Inspector
(901)379-4330 |
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ZONE / SIGN SECTION |
Q. What are the most common zoning complaints received?
A. Operating a business in a residential zone, auto repairs, selling of vehicles, daycare and rooming houses, home-based businesses. |
Q. Does this office enforce City Codes?
A. No, this office enforces Memphis and Shelby County Ordinance #3064 and all building codes. |
Q. Can a business owner obtain a permit to install a sign?
A. Yes, if it is non-illuminated. |
Q. What size signs are allowed?
A. It depends on the zoning for the area, frontage and setbacks. A maximum wall sign is 500 sq. ft. surface area, depending on zoning for the area. |
Q. Are banners and temporary signs allowed?
A. No, they are not allowed in Memphis and Shelby County. |
Q. Does this office regulate signs on utility poles, right of ways and advertisement boxes on sidewalks?
A. No, this would be handled by another City or County agency. |
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For additional information contact:
Larry Jenkins, Chief Zone/Sign Inspector
(901)379-4350 |
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| Land Use Controls Section | |
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LAND USE CONTROLS SECTION |
Q. What does the Land Use Control Section do?
A. Land Use Control (LUC) is one of two sections of the Department of Planning and Development (DPD) under the Memphis and Shelby County Division of Planning and Development (DPD). (The other section is Comprehensive Planning Section). Land Use Control is responsible for reviewing applications for amendments to the text and official map of the zoning ordinance. LUC staff also review subdivision plans, planned unit developments, special use permits and site plans. |
Q. What does the Land Use Control Board (LUCB) do?
A. LUCB members are appointed by the City of Memphis Mayor or the Shelby County Mayor. They hold monthly public hearings on zoning-related and subdivision-related applications. The LUCB only has the authority to make recommendations on zoning-related applications which must proceed for final action before either the Memphis City Council and/or Shelby County Commission. The LUCB has the authority to take final action on all subdivision applications unless an application is appealed to the final legislative body or bodies. |
Q. What does the Board of Adjustment (BOA) do?
A. Board of Adjustment members are also appointed by the City of Memphis Mayor or the Shelby County Mayor. They hold monthly public hearings to consider variations from the Zoning Regulations or to hear administrative appeals from the decisions of the Department of Construction Code Enforcement. |
Q. What is Zoning?
A. Zoning refers to the identification and designation of distinct areas of land by specific types of land uses (i.e., residential, commercial, industrial, etc). Zoning allows for orderly growth and development, and works to separate otherwise conflicting land uses.
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Q. How can I find out how my property is zoned?
A. Locate property by referring to the maps in the Zoning Atlas. The Zoning Atlas depicts the physical boundaries of the various zoning district classifications. Once the zoning classification has been determined, review the Zoning Ordinance to determine the regulations and standards that must be followed to develop or improve the property. The Zoning Ordinance is enforceable by law and provides the specific land use and construction limitations for each of the zoning district classifications. Some uses require a special use permit and a public hearing. Staff can provide a limited amount of information over the telephone. For more information call (901) 379-4200. The Zoning Ordinance can be obtained through Muni-Code.
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Q. What is a Planned Development?
A. A Planned Development (sometimes referred to as a Planned Unit Development or PUD) allows a deviation from the standard zoning requirements and subdivision regulations in order to encourage innovative site design and development with flexible techniques guided by objectives listed in Section 14 of the Zoning Ordinance, “Planned Development Regulations”. Please note that every site considered for a planned development within unincorporated Shelby County must contain a minimum of three (3) acres of land.
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Q. What is a legal lot?
A. A legal lot is one of the following: 1) a lot in a platted/recorded subdivision (whether it is a residential, office/commercial, or industrial subdivision) 2) a lot created prior to March 6, 1956 with the exact same legal description, 3) a lot that conforms to all “exemption” criteria as specified within the Memphis and Shelby County Subdivision Regulations under Section 105.G.
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Q. What is a Special Use Permit?
A. It is a permit required when a specified use is not allowed by right in a zoning district classification but may be allowed if certain standards are satisfied in addition to those generally applicable in the zoning district. The purpose of the special use permit process is to eliminate or minimize any potentially harmful effects of the stated special uses on the zoning district in which they will be located.
The Special Use Permit process is described in the Zoning Ordinance Section 8 Procedure for Special Permit Use.
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Q. Can a Special Use Permit be sought to allow any use/activity in any zone?
A. No. See Chart 1 of the Memphis and Shelby County Zoning Regulations where uses allowed by approval of a Special Use Permit will be designated with the letter "S" in that zoning district.
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Q. How do you obtain a Use Variation?
A. To request approval for a Use Variation, the Zoning Ordinance requires that the applicant demonstrate the presence of a legitimate hardship or paritcial difficulty imposed upon the property owner (not self-created) due to some unusual characteristic of the property or an exisiting structure on the property. See section 10 of the Zoning Regulaltions regarding variations. |
Q. What are the procedures for Rezoning Property, obtaining a Special Use Permit, Use Variance or Planned Development?
A. It takes approximately three to four months to complete the process and obtain legislative action on the request. An application must be filed with DPD. Applications may be downloaded (attach link to applications).
All property owners within 500 feet of the subject property in the City of Memphis (assuming these properties are located in the City of Memphis or within 5 miles of it) or within 1500 feet of the subject property in unincorporated Shelby County will receive notice from the Department of Planning and Development (DPD) office.
The applicant will be required to install a specific sign on the subject property to further notify the surrounding public.
DPD requires a filing fee of $500 - $750 or more assuming the site is five or fewer acres in size.
Other non-governmental and legislative fees are involved, estimated at $1050 or more.
All fees are non-refundable regardless of the outcome of the application.
Contact the Land Use Control Section of DPD at (901) 576-6619 to file an application.
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Q. What are Bulk regulations?
A. The minimum or maximum lot area, setbacks, height, dwelling unit density or land use intensity ratios permitted or required in any zoning district.
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Q. The Tax Assessor’s Office shows my property as being classified commercial and my taxes are based on a commercial rate. Does this mean my property is definitely zoned for commercial uses/activities?
A. No. There are instances where the Tax Assessor’s classification of the property is different from the actual zoning of the property. In instances where the two conflict, the property must be used in conformance with its zoning classification, unless it can be acceptably demonstrated that the existing use is legally nonconforming.
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Q. The Tax Assessor’s Office shows my property as being classified residential and my taxes are based on a residential rate. Does this mean my property is definitely zoned for residential uses/activities?
A. No. There are instances where the Tax Assessor’s classification of the property is different from the actual zoning of the property. In instances where the two conflict, the property must be used in conformance with its zoning classification, unless it can be acceptably demonstrated that the existing use is legally nonconforming.
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Q. How do I determine what sign regulations govern my property?
A. Locate property on the Zoning Atlas to determine zone. Review Section 29 of the Zoning Ordinance to determine which sign regulations apply to that zone. If the subject property is located within a Planned Development or a Planned Commercial (C-P) zone, then one must obtain an official copy of the recorded Final Plat/Plan to determine which conditions govern the erection of any sign on this site.
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Q. Where do I obtain a Sign Permit?
A. Please contact the Signs Permit Section at the Memphis and Shelby County Construction Code Enforcement Department. Their office is located at 6465 Mullins Station Road.
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Q. What landscaping is required for a particular site?
A. See Section 32 of the Zoning Ordinance. The installation of landscaping is required for all new construction, for new/additional uses, building or parking area expansion, etc.
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Q. What are the parking requirements for my site?
A. The provision of on-site parking is required in all zoning districts except the Central Business District (CBD) and the South Central Business Improvement District (SCBID). The number of required, on-site parking spaces is based upon the nature of the proposed use. To determine the required number of parking spaces, first determine the nature/category of the proposed use, and then review Section 28 of the Memphis and Shelby County Zoning Regulations. Please note that a minimum of 2% of the total required parking for institutional, commercial (including offices), and industrial uses must be designed to meet handicapped parking space provisions.
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Q. What roads are planned for my area?
A. For information on road projects, contact the staff of the Metropolitan Planning Office at (901) 379-7840 during the work day or either the City Engineering Office (901) 576-6704 or the County Engineering Office (901) 545-4320, depending upon whether the property is located within the City of Memphis or in unincorporated Shelby County.
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Q. What are the requirements to have a daycare in my home?
A. If the house is located within a residential zone, then legislative approval of a Special Use Permit is required to operate a group home (more than 7 children on-site including your own children but less than 13) or a day care facility (13 or more children on site including your own). Please note that any applicant for either a group home or a day care facility located within a residential zone in the City of Memphis or within 5 miles of the City of Memphis must first demonstrate acceptably to LUC staff that the subject property currently meets all zoning requirements governing group homes/day care facilities prior to application submittal. In instances where the subject property substantially conforms to all zoning requirements, the applicant may proceed with the filing of a Special Use Permit.
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Q. Can I operate a business in my home?
A. If your house is located in an office, commercial, mixed use, or industrial zone and that zone permits the proposed business either “by right” (shows an “X” for that use under Chart 1) or by “administrative site plan review” (shows a “P” for that use under Chart 1) , then you may conduct that use/activity in the house. Otherwise, the Memphis and Shelby County Zoning Ordinance prohibits the operation of a non-residential use (except a Church/Worship facility) within a house in a residential zone. Contact LUC staff regarding details and costs for filing any application for legislative review and action.
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Q. Is it permissible to have two (2) principal structures on a single lot?
A. No, the Memphis and Shelby County Zoning Ordinance prohibits the location of 2 (two), principal structures on a single lot. To obtain approval for the location (temporary or permanent) of 2 (two), principal structures on a single lot, the applicant must file an application with the Board of Adjustments and obtain their approval.
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Q. Can Churches locate in any zone?
A. Churches or worship facilities, provided they can meet all on-site parking, landscaping, bulk and sign regulations, are permitted in all zoning districts, though not necessarily in a planned development nor a Planned Commercial (C-P) zone. To determine if a Church or worship facility is a permitted use within a planned development or a Planned Commercial (C-P) zone, one must obtain a copy of the Final Plat/Plan for that property from the Shelby County Register’s Office to see if the approved conditions allow a Church or worship facility. Please note that, as a general rule, most standard size residential lots are inadequate to accommodate a Church building and its associated facilities.
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Q. Does a corner lot have two front yard setbacks?
A. Yes. Because a corner lot lies at the intersection of two (2) streets, it is required to provide two (2) front yard setbacks. In some instances, a lot may even have three (3) front yard setbacks if it abuts three (3) streets. If a recorded final plat proves that an adjacent lot has been denied vehicular access to a street frontage, then that yard adjacent to the street affording no access may be considered a rear yard and may observe a rear yard setback instead of observing a front yard setback.
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Q. Are mobile homes allowed on lots outside of an approved Mobile Home Park?
A. No, mobile homes shall not be located on lots outside of an approved mobile home park unless the applicant/property owner shall have received approval of a Special Exception by the Board of Adjustment. Mobile homes located outside of mobile home parks are considered temporary structures and must be removed within a 2 to 4 year period, as specified, if approved, by the Board of Adjustments in their “Letter of Disposition.” Consequently, the applicant must re-file a request every two (2) to four (4) years for continued permission to have a mobile home outside of a mobile home park as long as the mobile home is located there.
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© 2003 Memphis & Shelby County Division of Planning and Development
125 N. Main Street Room 468 Memphis, TN 38103 PHN: (901)576-6601
FAX: (901)576-6603
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