Recode Knoxville Article 10 requires that one of the two units on an ADU property - either the principal dwelling or the ADU - be occupied by the property owner as their primary residence. Both units cannot be rented to non-owners simultaneously. Tennessee has not preempted owner-occupancy requirements, so Knoxville's rule is enforceable. Compliance is verified at permitting and during short-term rental review.
Under Recode Knoxville's Accessory Dwelling Unit standards in Article 10, the property owner must reside in either the principal dwelling or the ADU as their primary residence. The ADU cannot be operated as an absentee-owner investment with both units leased to non-owners; doing so converts the use to a two-family dwelling, which is not a permitted use in standard single-family RN districts. Owner-occupancy is documented by affidavit at permit application and is reverified during Short-Term Rental Unit (STRU) permit reviews under Knoxville City Code Chapter 16, Article XV. Voter registration, driver's license, vehicle registration, and tax-return primary-residence designations are accepted indicators. Family members may occupy either unit, but the owner of record must reside on the property. Tennessee's Short-Term Rental Unit Act (TCA 13-7-602 et seq.), effective 2019, preempts local prohibitions of pre-existing STRs but does not preempt municipal owner-occupancy requirements on residential zoning. Knoxville's rule has survived state-law review and remains in force.
Renting both the principal dwelling and the ADU to non-owners violates Recode Article 10 and can result in code-enforcement citations, daily fines under Knoxville City Code, loss of Certificate of Occupancy, and required cessation of one rental. Short-Term Rental permits are revoked when owner-occupancy lapses. Knox County HOAs may impose additional CC&R-based occupancy rules.
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