Occupancy Limits: Cocoa vs Melbourne
How do occupancy limits rules compare between Cocoa, FL and Melbourne, FL?
Cocoa and Melbourne have similar restriction levels.
Cocoa, FL
Brevard County
Cocoa has not adopted a short-term rental ordinance setting per-bedroom occupancy caps. Florida Statute 509.032(7)(b) preempts cities from adopting STR-specific occupancy limits unless grandfathered before June 1, 2011, and Cocoa has no qualifying ordinance.
View full Cocoa rules →Melbourne, FL
Brevard County
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.
View full Melbourne rules →Key Facts Comparison
| Fact | Cocoa | Melbourne |
|---|---|---|
| City Occupancy Cap | None adopted | - |
| State Preemption | FS 509.032(7)(b) | - |
| Pre-2011 Grandfather | Cocoa has no qualifying ordinance | - |
| Building Code Floor | IPMC Section 404 (where adopted) | - |
| DBPR License | Required under FS 509.241 | - |
| Confirm With | Cocoa Planning & Zoning (321) 433-8535 | - |
| - | - |
Highlighted rows indicate differences between cities.
Cocoa FAQ
Does Cocoa cap how many guests can stay in a short-term rental?
Cocoa has not adopted a short-term rental ordinance, so no city per-bedroom occupancy cap applies. Florida Statute 509.032(7)(b) prevents cities from adopting new STR-specific occupancy rules unless the rule was on the books on or before June 1, 2011, and Cocoa has no qualifying grandfathered ordinance.
Is Cocoa the same as Cocoa Beach for STR rules?
No. Cocoa Beach is a separate city with its own Vacation Rental Chapter 26.5 limiting occupancy to two guests per bedroom plus two additional, capped at eight total. Those Cocoa Beach rules do not apply inside the City of Cocoa, even though both cities are in Brevard County.
What occupancy floor still applies in Cocoa?
The Florida Building Code and any locally adopted property maintenance code set minimum floor area per occupant. The 2021 IPMC Section 404 typically requires at least 70 square feet for the first occupant and 50 square feet for each additional occupant of a sleeping room. Confirm with Cocoa Building & Permitting at (321) 433-8501.
Melbourne FAQ
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