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Hamilton County, TN Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§305 Short Term Vacation Rentals
Adopted
Resolution No. 924-23, Sept. 18, 2024
Rule
ADU cannot be rented as STVR
Applies to
Both detached and attached ADUs
Exceptions
None written into the section

Summary

Hamilton County flatly prohibits renting an accessory dwelling unit as a short-term vacation rental. Section 305 of Resolution No. 924-23 bars both detached and attached ADUs from STVR use, closing off the most common workaround for turning a new accessory unit into an investment listing rather than housing.

These county ordinances apply to unincorporated areas of Hamilton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

305 - Short Term Vacation Rentals 1) The detached or attached ADU cannot be used or rented for the use of a Short-Term Vacation Rental.

Full Breakdown

' The prohibition covers both structural types the resolution recognizes, so converting a garage or building a stand-alone unit does not open a path to nightly or weekly rental use. The restriction sits alongside Section 304's owner-occupancy requirement, which already requires the property owner to live in either the principal house or the ADU as a permanent residence; together the two sections rule out using a newly permitted ADU as a short-term-rental income property. Section 301's stated intent is to add long-term housing supply and small-scale infill in a manner that keeps the residential character of unincorporated neighborhoods, and the STVR ban is the mechanism that keeps ADUs from becoming visitor accommodations instead.

The rule applies to every ADU permitted under Resolution No. 924-23 regardless of zoning district, other than the A-1 Agricultural District where ADUs are not permitted at all, and regardless of whether the unit is newly built or a conversion of an existing accessory structure or non-conforming detached structure under Section 303. There is no seasonal, occasional-use, or owner-present exception written into Section 305; the text bars the STVR use outright rather than capping the number of rental nights.

Violations & Fines

Renting a Hamilton County ADU on a short-term or nightly basis violates Section 305 outright, with no exception for occasional or owner-present rentals. A property owner found operating an ADU as a Short-Term Vacation Rental is out of compliance with Resolution No. 924-23 and subject to code enforcement by the Hamilton County Building Inspections Office, the office charged with administering the ADU standards under Sections 306 and 307.

Frequently Asked Questions

Can I rent my ADU on Airbnb or a similar platform?
No. Section 305 of Resolution No. 924-23 says a detached or attached ADU cannot be used or rented as a Short-Term Vacation Rental, with no exception for occasional listings or owner-present stays. The unit can be used as a long-term residence, but not marketed as nightly or weekly lodging.
Does the STVR ban apply only to detached ADUs, or converted garages too?
It applies to both. Section 305 names 'the detached or attached ADU' without distinguishing new construction from conversions, so a garage or basement legally converted into an ADU under Section 308 is covered by the same short-term-rental prohibition as a purpose-built detached unit.
What happens if I rent my ADU short-term anyway?
The Hamilton County Building Inspections Office, which administers the ADU standards, can treat the short-term rental use as a violation of Resolution No. 924-23. Because the ADU permit depends on compliance with Section 305, the county can pursue code enforcement against the noncompliant rental use.

Sources & Official References

Other rules in Hamilton County

All Hamilton County rules

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