Chattanooga, TN Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Homestay definition
- Applicant's primary residence, 183+ days a year
- Absentee definition
- Not the applicant's primary residence
- Homestay zones
- Any residential zone in overlay, plus qualifying mixed-use/commercial
- Absentee zones
- Hotel-permitting commercial zones or 20+ acre parcels
- Residency proof
- Re-verified annually at renewal, Sec. 38-89(c)(2)
- One rental per lot
- Primary or accessory dwelling, never both
Summary
Chattanooga splits short-term vacation rentals into two occupancy classes under Sec. 38-85: a homestay, defined as the applicant's primary residence for at least 183 days a year, and an absentee rental, which isn't. Only a homestay can operate in ordinary residential zones; an absentee unit is confined to hotel-permitting commercial zones or a 20-plus-acre parcel.
Short-Term Vacation Rental Occupancy. There are two designations regarding the occupancy status of a short-term vacation rental: (a)Homestay. A short-term vacation rental property which is the primary residence of the applicant. Primary is defined as the residence of the applicant at least 183 days a year. (b)Absentee. A short-term vacation rental property which is not the primary residence of the applicant. ... For homestay dwellings, the applicant/owner must be a natural person or a business entity (i.e., a Tennessee LLC, corporation, partnership etc.) whose business entity applicant lives on premises and can establish proof of ownership annually. Residency of all applicants must be proved annually during renewal with driver's license number, business records, or other documentation acceptable to the Development Review and Permitting Division.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 40 Update 1).
Full Breakdown
Sec. 38-85 defines the two designations that drive the whole overlay: a Homestay is 'a short-term vacation rental property which is the primary residence of the applicant,' with 'primary' meaning the applicant actually lives there at least 183 days a year, while an Absentee rental is one that isn't the applicant's primary residence. That distinction controls where each type can operate. Sec. 38-86(a) allows a homestay in any residential zone inside the overlay district, plus mixed-use, commercial, or Form-Based Code zones that already permit a single-unit detached home or an accessory dwelling unit.
Sec. 38-83(a)-(b) confines a new absentee rental to mixed-use and commercial zones that allow a hotel, or to a parcel of 20 or more acres held in common ownership that allows residential use. The 'primary residence' claim isn't just declared once: Sec. 38-89(c)(2) requires a homestay applicant to be a natural person, or a Tennessee business entity whose owner actually lives on the premises, and that residency must be re-proved every year at renewal with a driver's license number, business records, or other documentation the Development Review and Permitting Division accepts.
A homestay can use either the primary dwelling or an accessory dwelling unit as the rental, but never both structures on the same lot at once (Sec. 38-86(c)), and no short-term vacation rental, homestay or absentee, may operate inside an Affordable Housing PILOT property (Sec. 38-86(b)).
Violations & Fines
A homestay operator who can't document 183-plus days of residency at renewal risks losing eligibility to hold the certificate at all, since Sec. 38-89(c)(2) makes annual proof of residency a renewal condition rather than a one-time filing. Falsifying that residency claim is grounds for denial, suspension, or revocation of the certificate under Sec. 38-90(c), and a revoked certificate bars any new application for the same property for one year under Sec. 38-90(e)(2).
Frequently Asked Questions
What counts as a homestay under Chattanooga's rules?
Can I rent out a second home I don't live in?
Do I have to prove I actually live there every year?
What happens if I falsely claim a rental is my primary residence?
Sources & Official References
Other rules in Chattanooga
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