The Memphis and Shelby County Unified Development Code

“Promote reinvestment and revitalization of the urban core while providing for orderly development in the suburban and exurban areas of the County.”

The Coalition of Livable Communities

“Pizza With Planners”Don Jones & Thomas Pacello – DPD

Andrew Trippel – University Neighborhood Partnership

April 23, 2009

A UNIFIED Development Code

• What do you mean by Unified?– It is a merger of the zoning and

subdivision ordinances along with development regulations found elsewhere in the City and County Code

• Incorporates 25 years of Zoning text Amendments (the three Volume Set) into one document.

• It’s a Development Code not a Building Code

– Building Codes - regulate how buildings are constructed to ensure structural soundness and safety

– Development Codes - control zoning, land use, subdivision of land, and more generally, the development patterns of our community

Applicability of the UDC

• The UDC will apply to the City of Memphis and the unincorporated portions of Shelby County

• Includes all annex reserve areas until they are officially annexed

The Process Behind The UDC

•Project kick-off – October 2004

•Staff Review Draft – April 2007

•Committee Review Draft – July 2007

• Steering Committee Review

• Neighborhood Group/CDC Review

• Environmental Group Review

• Historic Preservation Review

•Test Cases/Scenarios•Medical Center Overlay – January 2007

•Broad Avenue Charette/Code – February 2007

•Fischer Steel Plan – January 2009

•University Overlay District – May 2009

•Sustainable Shelby

•Final Public Review Draft – April 2009

What is in This New Development Code

•Some of the New (old) Ideas Include:• Allow and promote urban infill

development

• Greater opportunities for mixed use

• Pedestrian focused streetscapes

• “Form Based” tool kit

• Block regulations to encourage connectivity

• Expanded use of accessory dwelling units

• Neighborhood Conservation District

• Encourage a diverse range of housing types

• More flexible parking requirements

• Greater emphasis on public realm

• Innovative subdivision types encourage sustainable growth

• Replace suburban standards with urban development standards

Article 1 – General Provisions

• Establishes the Purpose, Authority, and Intent of the Document

• Lists all plans to be considered

• Provides Transitional Provisions

• Converts current Zoning Districts into the new districts

NEW DISTRICTS FORMER DISTRICTS Open Districts OS Parks & Open Space NEW FW Floodway FW CA Conservation Agriculture AG CIV Civic NEW Residential Districts R-MP Manufactured Home Park R-MO R-E Residential – Estate R-E R-15 Residential Single-Family – 15 RS-15 R-10 Residential Single-Family – 10 RS-10 R-8 Residential Single-Family – 8 RS-8 R-6 Residential Single-Family – 6 RS-6, RS-6I R-3 Residential Single-Family – 3 NEW RU-1 Residential Urban – 1 R-D RU-2 Residential Urban – 2 R-TH RU-3 Residential Urban – 3 R-ML, R-MM RU-4 Residential Urban – 4 R-MH RU-5 Residential Urban – 5 NEW Mixed Use Districts RW Residential Work O-L OG Office General O-G CMU-1 Commercial Mixed Use – 1 C-L, C-N CMU-2 Commercial Mixed Use – 2 C-P CMU-3 Commercial Mixed Use – 3 C-H CBD Central Business CBD CMP-1 Campus Master Plan – 1 CU, H (inside loop) CMP-2 Campus Master Plan – 2 CU, H (outside loop) Industrial Districts EMP Employment I-L WD Warehouse & Distribution NEW IH Heavy Industrial I-H

Special Purpose Districts SCBID South Central Business Improvement SCBID U Uptown UPT Overlay Districts -MO Medical Overlay -MO -RC Residential Corridor Overlay NEW -H Historic Overlay H-P -AP Airport Overlay AHR -FP Floodplain Overlay FP -FC Fletcher Creek Overlay FCD -NC Neighborhood Conservation Overlay H-C

Article 2 – Zoning Districts

• Establishes the New Zoning Districts

• Provides the Intent Statements for all zoning districts and groups of zoning districts

• Incorporates the Zoning Map

Article 3 – Building Envelope Standards

• Generally the building envelope is the area of the lot on which a structure may be built

• Identifies and explains some of the more common forms of measurement used throughout the UDC and specifies certain exceptions

• Establishes maximums for Block face, Block perimeter, and cul-de-sac length

Average Lot Size on Block

Maximum Block Perimeter (ft.) Maximum Block Face Cul-de-sac Length (ft.)

20,000 Square Feet 10,000 1,600 1,600

15,000 Square Feet 5,000 1,300 1,200

10,000 Square Feet 3,000 1,000 1,000

8,000 Square Feet 2,700 800 800 6,000 Square Feet 2,400 800 800 3,000 Square Feet 1,700 600 600

Article 3 – Building Envelope Standards

• Establishes a variety of housing types in residential districts

• Establishes metrics for the development of residential and non-residential uses within single-family and urban residential districtsHousing Type

R-3 District

Conventional (w/ public water &

decentralized sewer)

Conventional (w/ public water &

public sewer)

Side Yard (w/ public water &

public sewer)

Cottage (w/ public water & public sewer)

Tract or Lot (min) Area (min sq. ft.) Width (min ft.)

3,000 30

3,000 30

3,000 30

2,500 25

Building setback (min ft.) Front (with street access) Front (with alley access) Side (interior) Side (total) Side (street) Rear

15 15 3.5 7 10 15

15 15 3.5 7 10 15

15 15 0 7 10 15

-- 15 3.5 7 10 --

Height (max ft.) 40 40 40 35 Curb and Gutter required Yes Yes Yes Yes

Article 3 – Building Envelope Standards

• Provides for three subdivision options. – Standard– Open Space– Sustainable

• Establishes residential compatibility standards including garage and carport placement.

• Contextual infill standards

R-6 District: Site Area (min) Average Lot Area

(min sq. ft.) Common Open

Space (min) WateOpen Space Subdivision 10 acres 3,600 20% Req

Housing Type Conventional

Side Yard Cottage

Semi-Attached

Two-Family

Town-house

Large Home

Site (min) Unit width (ft.) -- -- -- -- -- 16

--

Tract or Lot (min) Width (ft.) Height (max ft.) see also

45 40

45 40

35 25

35 40

50 40

-- 50

-- 40

Building setback (min ft.) Front (with street access) Front (with alley access) Front (min/max) Required building frontage Side (interior) Side (total) Side (street) Rear

20 15 -- -- 5 10 10 20

20 15 -- -- 0 10 10 20

20 15 -- -- 5 10 10 20

20 15 -- -- 5 -- 10 20

20 15 -- -- 5 10 10 20

-- --

7-15 80%

5 10 10 20

20 15 -- -- 5 10 10 20

% of Housing Types (max) 20 acres or less 100% 60% 60% 40% 40% 20% 20% Larger than 20 acres 70% 60% 60% 40% 40% 20% 20%

• Creates a “Form-Based” tool kit with the establishment of frontage standards

• Address additions and new buildings on non-conforming sites

Shop

front

Pede

strian

Urba

n

Tran

sition

al

Comm

ercia

l

Gene

ral

Non-

Desig

nated

PLACEMENT Setback Area Front setback (min ft.) Front setback (min ft.) If outside use Front setback (max ft.)For the purposes of calculating the Required Building Frontage

2 7

15

2 7

15

2 7 20

2 7

62

2 7

81

2 7 90

2 7 --

Required Building Frontage (min %) Primary street (lot 100 feet in width or more) Primary street (lot less than 100 feet in width) Side street

80 70 40

80 70 40

60 40 25

60 35 25

50 30 25

40 20 15

-- -- --

Side/Rear Setback (min ft.) Abutting single-family Abutting multifamily, nonresidential Abutting alley Building separation

10 0 or 10

5 10

10 0 or 10

5 10

10 0 or 10

5 10

10 0 or 10

5 10

10 0 or 10

5 10

10 0 or 10

5 10

10 0 or 10

5 10

Parking Setback (min ft.) From primary street From side street Abutting single-family Abutting multifamily, nonresidential, alley On Street Parking Required

10 10 10 0

Yes

10 10 10 0

Yes

10 10 10 0

Preferred

8 8

10 0

No

8 8

10 0

No

8 8 10 0

No

8 8

10 0

No ELEMENTS Transparency (min %) Primary street Ground floor Ground floor (non-retail) Upper floors

50 35 20

40 20 15

50 25 20

50 25 20

50 25 20

50 25 20

50 25 20

Side street Ground floor Ground floor (non-retail) Upper floors

30 15 20

30 15 20

30 15 20

30 15 20

30 15 20

30 15 20

30 15 20

Building Entrance Facing primary street Required Required Required Required Required Required Required Blank Wall Area (max linear ft.) 30 40 30 30 30 30 30 ELEMENTS Ground Floor Elevation (min inches) Residential use Nonresidential use

18 0

18 0

18 0

18 0

18 0

18 0

18 0

Floor Height (min) Ground floor height Upper floor height

14 11

12 11

12 11

12 11

12 11

12 11

12 N/A

Article 3 – Building Envelope Standards

• Establishes the Use Table and uses permitted by right v. those requiring special use review

= Use Permitted By Right

= Use Requiring Special Use Review

Use Standards - ensure that certain “negative” characteristics of a particular use can be mitigated so that compatibility with nearby uses can be achieved. It provides an alternative to disallowing a use altogether.

Principal Use – This column sets up the master list of uses.

Zoning Districts – Comprehensive list of the base districts

Article 4 – Use and Function

A. Social Service Institution Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs.

Principal Uses Accessory Uses Group shelter Neighborhood resource center Rehabilitative clinic Social service facility, soup kitchen, transient lodging or

shelter for the homeless Transitional home

Adult educational facility Associated office Food preparation or dining area Meeting room Off-street parking On-site day care where children are cared for

while parents or guardians are occupied on the premises

Staff residences located on-site Principle Structure with an Accessory Dwelling Unit

General Accessory structures and uses shall be consistent with all standards in the district for the principal use,except as expressly set forth below.

A. Accessory structures and uses shall be accessory and clearly incidental and subordinate to apermitted principal uses. No accessory use may be established on a site prior to the establishment ofa permitted principal use (for permitted accessory uses associated with a principal see Use Categories).

B. Accessory structures and uses shall be located on the same tract or lot as the permitted use orstructure, or on a contiguous tract or lot in the same ownership.

C. Accessory structures and uses may not involve operations or structures not in keeping with thecharacter of the primary use or principal structure served.

D. Accessory structures and uses may not be of a nature likely to attract visitors in larger numbers than would normally be expected, where applicable.

E. An accessory use shall contribute to the comfort, convenience or necessity of occupants of theprimary use served.

F. An accessory use shall only be located within a district that permits the principal use. are prohibited as storage buildings or structures except as permitted on an active construction site.

• Controls accessory structures and uses, including home occupations

• Regulates temporary uses such as carnivals, fairs, special events, grand openings, and outdoor vehicle shows

• Establishes Use Categories which group together principal uses for regulatory purposes and provide a systematic basis for assigning land uses to appropriate zoning districts

Article 4 – Use and Function

Article 5 – General Development Standards

TYPE OF DEVELOPMENT Stre

etsca

pe

Stan

dard

s St

reet

Stan

dard

s Ac

cess

Ma

nage

ment

Pa

rking

&

Load

ing

Land

scap

ing &

Scre

ening

Outdo

or

Lighti

ng

Outdo

or

Stor

age &

Di

splay

Sign

s

Commercial, Office, Mixed Use, Employment, and Warehouse and Distribution

New Construction

Change of Use (requiring more parking), Expansion of Use

Expansion of Building Area (minimum 1,000sq. ft. of expansion) 0%-25% expansion of building area 26% to 50% expansion of building area 51% or greater expansion of building area

Expansion of Parking Area Only (Not in conjunction with a use/building expansion) Up to 5 spaces 6 or more additional spaces

Multifamily (Three or more units)

New Construction

Change of Use (requiring more parking), Expansion of Use

Expansion of Building Area (minimum 500 sq. ft. of expansion) 0%-25% expansion of building area 26% to 50% expansion of building area 51% or greater expansion of building area

Expansion of Parking Area Up to 5 Spaces 6 or more Spaces

Single-Family (attached or detached)

New Construction

Change of Use (requiring more parking)

Heavy Industrial

New Construction

Change of Use (requiring more parking), Expansion of Use

Expansion of Building Area 0%-25% expansion of building area 26% to 50% expansion of building area 51% or greater expansion of building area

Expansion of Parking Area Only (Not in conjunction with a use/building expansion) Up to 5 spaces 6 or more additional spaces

Regulates when various types of development or expansion of existing developments trigger certain improvements to the site– Sidewalk & Street Tree Repair– Sidewalk & Street Tree Installation– Street Improvements/Standards– Parking and Loading– Landscaping and Screening– Outdoor Lighting– Outdoor Storage & Display– Sign Regulations

Article 5 – General Development Standards

• Streetscape Standards ensure the coherence of the street-space. The streetscape standards define the development parameters for the area of land between buildings and the street, and includes on-site requirements and off-site requirements. These standards also establish an environment that encourages and facilitates pedestrian activity.

Article 5 – General Development Standards

A. Major Connector Streets serving commercial and industrial areas, or large volumes of residential traffic. All cul-de-sac streets serving nonresidential areas shall be classified as major connectors except as specified as a minor connector. Major Connector streetsare intended to serve 10,000 vehicles per day.

A. Minor Local Streets similar to major local streets but serving a smaller number of dwelling units; minor local streets provide the minimumlevel of mobility for two-way traffic. Minor Local streets are intended to serve 2,750 vehicles per day.

• Street standards establish the acceptable configurations for public streets

• Streets, in conjunction with the streetscape, balance pedestrian and automobile needs

• Their character varies by specific location

• Some streets carry a large volume of both automobile and pedestrian traffic and provide a more intense experience while others provide more intimately scaled street-space

Article 5 – General Development Standards

• Access Management improves the safety and efficiency of roads – not by adding lanes but by regulating where vehicles can enter and leave a property

• This section manages the location, design, number and spacing of driveways within residential and non-residential developments

Article 5 – General Development Standards

District Pod Size (max) RU- 60 spaces OG, CMU-1, CMU-2 160 spaces CMU-3, CBD 190 spaces EMP, WD, IH 240 spaces

• The Code also improves the manner in which surface parking lots are built by organizing lots into parking pods with appropriate landscaping and drive aisle’s separating the pods.

• The Code takes great strides toward reducing the required minimum parking by offering parking credits for most infill sites and allowing the submission of alternative parking plans.

Article 5 – General Development Standards

Distance from Residential District

Lighting Fixture Height (Max)

0 - 50 feet 14 feet 51 – 100 feet 25 feet 101 + feet 30 feet

• Landscaping is addressed in an effort to reduce the potential incompatibility of adjacent land uses, conserve natural resources and maintain open space, protect established residential neighborhoods, and promote and enhance the community appearance

• The Code regulates outdoor site lighting to provide safe, convenient, and efficient lighting for pedestrians and vehicles while at the same time reducing glare and light pollution on adjacent properties

Article 6 – Infrastructure and Improvements

• Regulates the dedication and improvement and construction standards for streets and alleys

• Sets limits and metrics for Cul-de-sacs and dead end streets

• Requires the installation and extension of utilities

• Controls and sets limits on the reservation of public lands by the government

• Sets forth requirements for standard improvement contracts

Residential or Mixed Use Maximum Length See Error! Reference source not found. Minimum Turnaround Radii (to curb or edge of pavement as per street design)

33 ft

Minimum Center Island Radii 5 ft Industrial Maximum Length 2,500 ft Minimum Turnaround Radii (including ROW) Determined by the type and intensity of development but in

no case shall it be less than 33 ft Minimum Center Island Radii 15 ft

Article 7 – Open Space and Natural Resource Protection

• Regulates the clearing of treesand other vegetation and promotes the protection and preservation of existing trees and root systems

• Also establishes the priority of required open space and provides options for how it might be configured and maintained

FORMAL OPEN SPACE REQUIREMENTS (1 of 2)

Tot Lot & Playgrounds. Provide play areas for children as well as open shelter and benches. May be built within Squares, Greens, Mini-Parks and Neighborhood Parks or may stand alone within a residential block.

Designed with commercial grade play equipment for two age groups: tot lot for children ages 1 to 5; and separate play equipment for children ages 6 to 10. Minimum requirements include two park benches and a trash receptacle. Must have shock absorbing surface with a maximum 2% slope and shall meet all federal, state and local regulations.

Mini-Park. Provides active recreational facilities for the use by the residents of the immediate surrounding neighborhood within the development.

Is at least 2,500 sq. ft. in size. May include: tennis courts, basketball courts, playgrounds and seating accommodations. Rear facing lots are allowed. Mini-parks shall be attractively landscaped and be provided with sufficient natural or man-made screening or buffer areas to minimize any negative impacts upon adjacent residences.

Plaza. Provides passive recreation use adjacent to a civic or commercial building. Plazas are paved in brick or another type of impervious surface.

Is at least 2,000 sq. ft. in size. Plazas shall be level, stepped or gently sloping. At no time shall a plaza’s horizontal length or width be greater than three times the height of surrounding buildings..

Square. Squares are formal areas for passive recreation use bounded by streets or front-facing lots.

Is at least 2,500 sq. ft. in size. Squares shall be bound by streets on a minimum of three sides or 75 percent of their perimeter and may be bound by front facing lots on one side or 25 percent of their perimeter. No rear facing lots allowed adjacent to a square. Trees plantings are encouraged parallel to the street right of way. Geometrical tree planting layouts for internal plantings are encouraged.

Maximum Disturbed Area Proposed Use Perimeter of Site Remainder of Site Single-family (10,000 sq. ft. or less) 18% 100% Single-family (over 10,000 sq. ft.) 18% 80% Multifamily 18% 80% Office/institutional 18% 90% Retail 23% 90% Agricultural 18% 100%

Article 7 – Open Space and Natural Resource Protection

• Provisions for the protection of steep slopes (greater than 25%)

• Provide for stream buffers as required by TDEC but in no case shall it be less than 60 feet.

• Special Use Permit Requirements for resource extraction

• Dredging, earth Extraction, Timber Cutting in floodway

• Stormwater Management is Controlled by the Stormwater Management Manual

Stream Drainage Area (acres) Protected Distance from Top of Bank Less than 5,000 50 feet 5,000 to 19,999 100 feet 20,000 to 99,999 200 feet 100,000 or more 250 feet

• Are areas with their own unique zoning districts and sets of uses and regulations that apply only within their designated boundaries

• South Central Business Improvement District (SCBID)

– Sports and Entertainment District– South Main District– South Downtown Residential District– Riverside Residential District– Bluff View Residential District– South Downtown Business Park District– Commercial Gateway District

• Uptown District– Moderate Density Residential District– High Density Residential District– Mixed Use District– Neighborhood Center Overlay District– Uptown Hospital District– Uptown Light Industrial District

Article 8 – Special Purpose Districts

Article 9 – Overlay Districts

• These Districts keep their base zoning but because of some unique characteristic are regulated in a slightly different manner

– Medical Overlay District (-MO)– University Overlay District (-UOD)– Residential Corridor Overlay

District (-RC)– Historic Overlay District (-H)– Airport Overlay District (-AP)– Floodplain Overlay District (-FP)– Fletcher Creek Overlay District (-

FC)– *Neighborhood Conservation

Overlay District (-NC)

• Neighborhood Conservation Overlay District (-NC)– The sole new Overlay District

introduced in the UDC.– Will not be mapped until process is

initiated by the neighborhoods– Purpose:

• Protect the character and valued features of existing neighborhoods

• Recognize Diversity among neighborhoods

• Reduce conflict between new construction and development in existing neighborhoods

• Allow neighborhoods to formulate a plan that defines the common interests of the community that fosters a defined character for an established neighborhood

Article 9 – Overlay Districts

Article 10 – Administration

Within City Limits Within 5-Mile Limit Beyond 5-Mile Limit Zoning Change Council Council/Commission Commission Special Use Review Council Council/Commission Commission Planned Development Review Council Council/Commission Commission Delete Within City Limits Within 3-Mile Limit Beyond 3-Mile Limit Right-of-Way Dedication Council Council/Commission Commission Major Preliminary Plan Council Council/Commission Commission Final Plat Council Council/Commission Commission

• Establishes procedures for the approval of all zoning and subdivision requests

• Sets out notice and public hearing requirements

• Grants authorities to various boards and commissions

• Establishes application requirements

• Every effort has been made to streamline the approval process where possible while maintaining ample notice and public participation opportunities.

Article 10 – Administration

• Required neighborhood meetings• Move Subdivision Exemption Date up

to March 1, 1989 • Site Plan Review Process

– All new construction or building expansion that is not a single family structure on a single lot must go through an administrative site plan review process

• Use of flow charts as a tool to convey the approval process.

Special Use and Planned Development Review Process

Article 11 – Nonconformities

• Regulates the “grand-father” status of non-conforming uses and structures

• With the exception of a few minor changes this language is unchanged from the current nonconforming provisions.

Article 12 – Enforcement

• Establishes a $50 fine per incident per day for violation of the Development Code

• Office of Construction Code Enforcement is charged with the enforcement of the UDC

Article 13 – Definitions

• Sets standards for certain word usage

• Defines abbreviations

• Includes a greatly expanded list of defined terms so as to remove ambiguity from the code

Next Steps Toward Approval

• In the final steps of completing the 17 month public review process

• Final Draft will be published the second week of April

• Anticipate presenting this draft to the Land Use Control Board in a specially called meeting in May

• Plan to begin presentations to the Legislative Bodies in Summer 2009

The Memphis and Shelby County Unified Development Code

For More Information Contact:

Don Jones – Project Coordinator john.jones@memphistn.gov – 901.576.7179

Thomas A. Pacello – Assistant City Attorney thomas.pacello@memphistn.gov – 901.576.7169

Project Web Site: www.memphis.code-studio.com