Temporary Structure Variance - New South Memphis Ordinance
New South Memphis, Tennessee site owners and event organizers must follow city bylaws when installing temporary structures such as tents, stages, canopies or temporary seating. This guide explains the variance process where a temporary structure does not meet standard code or zoning rules, identifies the enforcing departments, shows how to apply or appeal, and lists common violations and remedies under Memphis municipal rules. Use the official code and planning resources cited below to confirm requirements for your site and event before installation.
Legal Authority & When a Variance Is Needed
Temporary structures are regulated under the City of Memphis municipal code and by permitting rules administered by the Division of Planning and Development and related departments. Where a proposed temporary structure would conflict with zoning setbacks, occupancy limits, or other ordinance provisions, a variance or special-use authorization may be required. See the City of Memphis code for controlling ordinance language and the Planning division for application procedures code[1] and planning permits[2].
Penalties & Enforcement
Enforcement responsibility generally rests with the City of Memphis Office of Code Enforcement and the Division of Planning and Development; fire-safety requirements for tents and other temporary structures may be enforced by the Memphis Fire Department. Specific monetary fines, escalation, and exact schedules are set in municipal ordinances or departmental rules; if a figure is not printed on the cited page below, it is noted as not specified on the cited page.
- Fines: not specified on the cited page; check the municipal code for sectioned penalties or municipal citation schedules.Contact the enforcing department before placing a structure to avoid citations.
- Escalation: first offences, repeat or continuing violations are governed by ordinance and local enforcement policy and may carry increased fines or daily penalties; specific ranges are not specified on the cited page.
- Non-monetary sanctions: stop-work or removal orders, permit suspensions, lien or abatement actions, and court enforcement are possible remedies under city code.
- Enforcer & inspections: City of Memphis Code Enforcement and the Division of Planning perform inspections; the Fire Department inspects fire- and life-safety aspects. Report violations via official departmental contacts below.
- Appeals & review: appeal routes are typically through the administrative review body or municipal court; exact time limits for filing an appeal are not specified on the cited page and must be confirmed with the enforcing office.
Applications & Forms
Applications for variances or special permissions are processed by the Division of Planning and Development and may require supporting documents (site plan, occupant load calculations, anchoring details, fire-safety compliance). A distinct "temporary structure variance" form number is not specified on the cited pages; applicants should consult the Planning office or the municipal code for the current forms and any fee schedule.
How the Process Typically Works
- Pre-application: consult Planning and the Fire Department to confirm which rules apply and which supporting documents will be required.
- Submit application: complete the variance or special-use application and attach site plans, specifications and any fees required by the city.
- Inspection & review: planning, code enforcement and fire officials review for zoning, structural and life-safety compliance; additional tests or revisions may be requested.
- Decision and conditions: the department issues an approval, approval with conditions, or denial; approved temporary structures are often time-limited and conditioned on maintenance and safety measures.
- Post-decision: pay any fees, schedule required inspections, and secure required permits before installation or opening.
Common Violations
- Installation without a permit or approval.
- Failing to meet anchoring or structural requirements for wind and load.
- Blocking egress, exits, or violating occupant load limits.
- Noncompliance with fire-safety measures such as separation, flame-resistant materials or required access for emergency vehicles.
FAQ
- What is a temporary structure variance?
- A temporary structure variance is official permission to deviate from specific zoning or code standards for a limited time when a temporary structure would otherwise be noncompliant.
- How long does review take?
- Review times vary by application complexity and department workload; the cited municipal pages do not list a standard review timeline.
- Can an event proceed while I appeal a denial?
- Proceeding during appeal depends on the conditions of the decision and any stay provisions; consult the issuing office for guidance.
How-To
- Consult the City of Memphis municipal code and Planning division to confirm that your temporary structure requires a variance.
- Prepare site plans, anchoring details, occupant calculations and fire-safety documentation.
- Submit the variance or special-use application to the Division of Planning with supporting documents and any required fee.
- Respond to review comments, schedule inspections, and obtain final approval and permits.
- Install the temporary structure as approved and maintain required safety measures while it is in place.
Key Takeaways
- Early consultation with Planning and Fire avoids delays and reduces the risk of enforcement action.
- Temporary approvals are typically time-limited and conditioned on safety and maintenance obligations.
- Contact official city departments for the authoritative forms, fees and appeal time limits.
Help and Support / Resources
- City of Memphis Division of Planning
- Memphis Fire Department
- City of Memphis Code of Ordinances (Municode)