Melbourne's Short-Term Rentals: The Rules That Matter

Every city handles short-term rentals a little differently. In Melbourne, Florida, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Occupancy Limits

The City of Melbourne has not adopted a vacation-rental-specific occupancy ordinance, and Florida Statute 509.032(7)(b) preempts the city from imposing STR-only guest caps unless one was on the books before June 1, 2011, which Melbourne did not have. Practical occupancy limits come from the Florida Building Code, the DBPR vacation rental dwelling license under F.S. 509.241, and Brevard County rules.

Key details: Limits: No city-specific STR occupancy cap in Melbourne Code of Ordinances. Rental: F.S. 509.032(7)(b) preempts new STR-only occupancy rules. Rental: Melbourne has no pre-June 1, 2011 vacation rental ordinance to grandfather. Limits: Effective limit: Florida Building Code bedroom egress and IPMC area rules. License Required: DBPR vacation rental dwelling license required under F.S. 509.241.

Because Melbourne does not have a numeric STR guest cap, enforcement is indirect. Code Enforcement can cite general violations (noise, parking, nuisance, property maintenance) against the property owner as for any other home, with fines escalating through the city's special magistrate process. Operating a vacation rental without the required Florida DBPR license under F.S. 509.241 is a state-level violation enforced by DBPR. Failure to register and remit the 5% Brevard County Tourist Development Tax can result in interest, penalties, and tax liens by the Brevard County Tax Collector under F.S. 125.0104.

If you are coming from a city with tighter rules, you will find Melbourne gives residents more flexibility on occupancy limits.

Short-Term Rental Parking Rules

Melbourne's general parking regulations apply to STR properties. Off-street parking is required per the zoning code based on use type. Beach-area rentals have limited street parking availability. No commercial vehicles at STR properties.

Key details: Off-Street Parking: Required per zoning code. Beach Areas: Limited street parking. Commercial Vehicles: Prohibited at STRs. Code Reference: Appendix B, Art. V.

The Bottom Line

Melbourne's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Melbourne is broadly strict or permissive.

These rules come from Melbourne's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.