Question
My son is building an aviary outside the children's museum of memphis for
his eagle scout project.  The wall of the museum is going to be replaced by
glass by a professional contractor, so we do not have to worry about that.  
The only thing stopping us from moving ahead to the written plan is concern
for the rules regarding the aviary structure outside the building.  It will be
about four or five feet from a sidewalk near the parking lot.  As this is a
commercial site catering to small children, we need to know if there are rules
governing what the structure must be like.  My son has been trying to get
help with this issue for over a month.  He has called the number on the
government website and also tried to get an architect to follow through and
meet with him.  Time is getting short because they want the project done by
spring break.  Who can tell us the rules?  Thanks!

Answer
Mrs. Johnson:

Congratulations on your son抯 advancement to Life Scout (as is my son), and his desire to go on to Eagle.  I am also an Eagle Scout Advisor within our local troop, so I hope I can help, your son, too.   This is an ambitious project, depending on its size.  

To your question:  揜ules regarding aviary structures outside of the building?& 揥ho can tell us the rules? ? ?Proximity to kids & sidewalks shouldn抰 be a problem.  One of our local scouts installed avian-friendly posts at a local park.  This boy抯 project was for raptors, but I think your son抯 is more for migratory birds, captive birds, etc匒 little more compatible to commercial uses.

Building Codes and Regulations are extremely local in nature.  The DPD (Division of Planning and Development) is a joint agency that serves both the City of Memphis and Shelby County Governments.  They have six departments.  Two are of concern for your son抯 Eagle Scout project: Code Enforcement and Planning & Development.  

Two important side-notes:  I am assuming that the museum is NOT within the Redevelopment Agency, which has its own special rules ?the Planning department will know if it is or isn抰 under this agency.  Also, if the museum is within the City抯 Historic District, any changes to it will also fall under the review of the city抯 Landmark Commission, which strictly governs ANY changes to historic structures, and are charged with preserving the city抯 historic downtown.   I hope it is NOT, but I抦 not familiar with Memphis.

Back to the two principle agencies you抣l need to deal with:  Planning & Code Enforcement:

1.) Here is the DPD Building Code/Code Enforcement website:  http://www.dpdgov.com/(ggefov55i1szyr45zxe41555)/CCE/cce_content.aspx?id=326

Here is a specific contact person regarding code enforcement:
Johnie McKay, Manager
Code Enforcement
701 N. Main Street
Memphis, TN 38107
Phone:   (901) 576-7380
If Mr. McKay is not in, try having your son contact anyone else in that department.

2.) Here is a link to the Planning抯 rules governing 揳viary structures??More specifically, it should be under ACCESSORY STRUCTURE or LANDSCAPING regulations:
http://www.dpdgov.com/(xh1lne45ynazcy3tz4x3ab55)/luc/luc_content.aspx?id=377

When I tried the CODE link to get to the City抯 zoning regulations regarding Accessory Structures, the site was down:
http://livepublish.municode.com/17/lpext.dll?f=templates&fn=main-j.htm&vid=12392

And their Zoning Atlas site was down:
http://www.dpdgov.com/(xh1lne45ynazcy3tz4x3ab55)/luc/luc_content.aspx?id=340

SO, I too am stuck (as were you!) not knowing what the zoning or regulations are for CMOM, or what is an allowable accessory structure, required landscaping, etc.   Therefore, have your son call a specific person within Planning that may be able to assist you, since their websites are down:

Planner of the Day  
Memphis & Shelby County Division of Planning and Development
125 N. Main Street Room 468
Memphis, TN 38103   
PHONE: (901)576-6601   
FAX: (901)576-6603

Just call and ask for the 損lanner of the day?and explain what you need to know  ?This position is usually a shared responsibility within the staff.  Once he gets answers, have your son TAKE GOOD NOTES (especially names!), as he may have to qoute them back to another agency or staff person.

Ask the planner what the zoning is, which codes govern (Landscape, accessory structures, or both), what is allowable, which department needs to review it, what kind of plans are required, what are the fees (if any), and how THEY can help.

3.) Some other folks to talk to that may be able to help your son ?the Tennessee Audubon Society  (in Clarksville & Nashville):  http://www.audubon.org/states/index.php?state=TN

4.)  Finally, the sponsoring organization for your son抯 eagle project (the Museum) may be able to categorize this aviary structure as 揚UBLIC ART? and would then be exempt from any regulation at all!!  The only drawback might be that it would then become a temporary structure.   It抯 worth a shot, if the Code Enforcement & Planning agencies are not helpful or forthcoming.

Don抰 let your son off the hook in making these calls.  Generally, public agencies are friendly & helpful if your son lets them know it is for an Eagle Scout project.  They may even volunteer to help build it or offer supplies!

Let me know how it turns out.  Best of luck on your son抯 project ~Marc