The Memphis-Shelby UDC does not impose a blanket statutory owner-occupancy requirement on ADUs, but R-zoned single-family districts limit lots to one principal dwelling plus one accessory unit. Operating both as independent non-owner-occupied rentals may convert the use to two-family in violation of single-family zoning. Tennessee Code Ann. Sec. 13-7-602+ governs short-term rentals and indirectly shapes ADU use.
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.
Operating two non-owner-occupied units in an R single-family district as independent rentals: UDC zoning violation, code-compliance citations under the Memphis Code of Ordinances. Required cessation of one rental use, conversion to family-only occupancy, or rezoning.
Memphis, TN
The City of Memphis does not regulate yard ornaments on private property. Statuary, religious displays, and decorative landscape elements are generally allow...
Memphis, TN
Memphis has no ordinance setting size, height, or hours limits for inflatable holiday displays on private residential property. Wind and severe weather (thun...
Memphis, TN
Memphis does not impose specific install-by or take-down-by dates for holiday lights on private property. Holiday-light regulation in Memphis is overwhelming...
Memphis, TN
Built-in outdoor kitchens in Memphis require permits from Construction Code Enforcement for gas-line installation, electrical work, plumbing, and any structu...
Memphis, TN
Memphis - the global capital of dry-rub barbecue - has no smoker-specific ordinance for single-family use, and the cultural and culinary tradition of backyar...
Memphis, TN
Memphis adopts the International Fire Code through Chapter 9 (Fire Prevention) with local amendments, including IFC Section 308 prohibiting open-flame cookin...
See how Memphis's adu owner occupancy rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.