Affordable Housing Bylaw Checklist - New South Memphis
New South Memphis, Tennessee developers building or preserving affordable units must follow local zoning, permitting, and code-enforcement rules before marketing or leasing units. This checklist explains key steps developers should take to document affordability requirements, secure permits, record covenants, and prepare for inspections and reporting to city authorities.
Overview
This guide covers typical municipal requirements affecting affordable housing projects in New South Memphis: zoning compliance and conditional use requirements, building permits, affordable housing covenants or deed restrictions, inspections, and routine reporting to the city planning and code enforcement offices. Use the action steps below to coordinate approvals, record affordability obligations, and avoid enforcement risk.
Penalties & Enforcement
Enforcement is generally handled by the City of Memphis Planning and Code Enforcement divisions; specific fine amounts for noncompliance with affordable-housing conditions are not consistently listed on the cited municipal pages, so where amounts are not published we note "not specified on the cited page." For official complaint reporting and enforcement contacts, see the Planning and Code Enforcement pages referenced below.[1][2]
- Fines: specific dollar amounts for violations of affordable-unit conditions are not specified on the cited city pages; enforcement often uses civil penalties or administrative fines as set in the municipal code (not specified on the cited pages).
- Escalation: first-offence, repeat, and continuing offence procedures are governed by enforcement rules in the municipal code; exact escalation amounts or ranges are not specified on the cited pages.
- Non-monetary sanctions: issuance of stop-work or correction orders, requirement to record or re-record covenants, withholding of certificates of occupancy, and court enforcement actions are possible remedies under local enforcement processes.
- Enforcer and reporting: City Planning and Code Enforcement divisions accept complaints and initiate inspections; developers should use the official complaint/contact pages to request inspections or to appeal enforcement actions.[2]
- Appeals and review: appeal routes (board of adjustment or administrative review) exist in city procedures; time limits for filing appeals are not specified on the cited pages and will appear in the ordinance or administrative rules when published.
Applications & Forms
Typical submissions for affordable-unit compliance include planning applications, permits, recorded covenants or restrictive covenants, and certificate of occupancy requests. The city planning pages list planning application processes but do not publish a single, dedicated "affordable-unit" form on the cited pages; specific form names, numbers, fees, and filing instructions must be confirmed with Planning or Code Enforcement.[1]
- Planning applications: use the standard site-plan or conditional-use application processes in the Planning Division; check the Planning Division page for submittal checklists.
- Fees: permitting and application fees vary by permit type and are listed on permit pages or fee schedules when published; if not shown, fee details are not specified on the cited pages.
- Permits: building permits and trade permits are required prior to construction and must be applied through the city permit portal or permit office.
Action Steps for Developers
- Confirm zoning and any inclusionary or affordability conditions at pre-application with Planning and request written guidance.[1]
- Prepare legal instruments (deeds, covenants) imposing affordability requirements and coordinate recordation with the county registrar.
- Apply for building and trade permits before construction; schedule inspections as required to obtain certificates of occupancy.
- Use official complaint or inquiry pages to request compliance confirmation or to resolve enforcement notices.[2]
FAQ
- Who enforces affordable-unit conditions in New South Memphis?
- The City of Memphis Planning Division and Code Enforcement are the primary enforcers; complaints and inspection requests are handled through their official pages.[1][2]
- Are there published fines for failing to provide affordable units?
- Specific fine amounts for affordable-unit noncompliance are not specified on the cited municipal pages; consult the municipal code or enforcement notices for amounts when published.
- What forms must I record to preserve affordability?
- Affordability is typically secured by deed covenants or restrictive covenants recorded at the county; no single city "affordable-unit" form is published on the cited Planning pages.
How-To
- Pre-application meeting: request a pre-application review with Planning to confirm zoning, conditional-use needs, and any affordability obligations.[1]
- Prepare documents: draft site plans, building plans, and legal covenants that establish unit affordability terms and durations.
- Submit applications: file planning and permit applications and pay applicable fees as listed on permit and planning pages.
- Complete construction and inspections: obtain required inspections and secure a certificate of occupancy before leasing affordable units.
- Record covenant and report: record affordability covenants with the county and submit any required reports to the city per the permit or agreement.
Key Takeaways
- Engage Planning early to confirm zoning and affordable-unit conditions.
- Record affordability covenants promptly to avoid enforcement actions.
- Use official code enforcement and planning contact pages for inspections and appeals.
Help and Support / Resources
- City of Memphis Planning Division
- City of Memphis Code Enforcement
- Memphis Code of Ordinances (Municode)
- Memphis Housing Authority