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Short-Term Rentals

How Port Orange Handles Short-Term Rentals: A Practical Guide

By CityRuleLookup Editorial Team

Port Orange maintains 108 local ordinances across all categories, and 2 of those deal specifically with short-term rentals. Here is a breakdown of what the city actually requires, what is prohibited, and where Port Orange falls on the strict-to-permissive spectrum compared to other cities.

Occupancy Limits

Florida Statute 509.032(7)(b) preempts Port Orange from adopting occupancy or duration rules that treat vacation rentals differently from other dwellings. Maximum guest counts at a Port Orange STR are therefore tied to the Florida Building Code occupancy load and the maximum overnight occupancy declared on the property's DBPR vacation rental dwelling license under F.S. Chapter 509.

Key details: State Preemption: F.S. 509.032(7)(b) bars STR-only caps. Occupancy Source: DBPR license + FL Building Code. DBPR License: Required for stays under 30 days. Local Responsible Party: Required for complaints. Business Tax Receipt: Required (Port Orange).

Exceeding the Florida Building Code occupant load or DBPR-licensed occupancy can trigger fire-code citations, code-enforcement notices of violation through Port Orange's Code Enforcement and special magistrate process, and potential suspension or revocation of the city Business Tax Receipt and the DBPR vacation rental license. Repeated complaints can also be referred to DBPR for state-level action against the vacation rental dwelling license under F.S. 509.261.

Short-Term Rental Parking Rules

Short-term rental guests must follow Port Orange residential parking rules. Vehicles must be parked on paved driveways per LDC standards. Front yard grass parking is prohibited. RVs and boats must comply with residential storage rules.

Key details: Driveway: Paved surface required. Grass Parking: Prohibited. Enforcement: Code Enforcement. Common Violation: Front yard parking.

The Bottom Line

Port Orange'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 Port Orange is broadly strict or permissive.

This guide is based on Port Orange's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.