Memphis, TN Accessory Structures: ADU Owner Occupancy (2026)

Memphis-Shelby UDC Chapter 4 Section 4.6 sets accessory-dwelling-unit standards (size caps, setbacks, parking) but does not contain an explicit 'owner must occupy' clause comparable to Nashville's Metro Code 17.16.250(D). Instead, the framework relies on (1) single-family zoning district use limits in R-6 through R-20, which permit one principal dwelling per lot plus an accessory unit, but treat two independent non-owner-occupied rentals as a two-family use not permitted in single-family R districts; (2) UDC Section 4.6 conditions on the ADU as a true accessory rather than independent unit; and (3) the Tennessee STR law (TCA Sec. 13-7-602 et seq., adopted in the 2018 'Short-Term Rental Unit Act'). Tennessee preempts cities from prohibiting STRs that were lawfully operating before the city's adoption of an STR ordinance, but allows local registration and regulation going forward. Memphis adopted its Type 1 (Owner-Occupied) and Type 2 (Non-Owner-Occupied) STR framework under Chapter 16.84 in response. The Type 1/Type 2 distinction effectively imports an owner-occupancy concept for short-term rental use of ADUs (see adu-rental-restrictions). HOAs in master-planned subdivisions (Lakeland, Collierville borderline, Cordova) may impose additional CC&R-based owner-occupancy requirements.