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Clayton County, GA Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Fixed guest cap
None in STR article
Occupancy governed by
Zoning + building/fire code
Zoning tie-in
Zoning ordinance § 1.5
Capacity check
Pre-permit inspection
Use type
Accessory to owner dwelling

Summary

Article XII sets no fixed guest headcount. Instead, short-term rental occupancy in unincorporated Clayton County is controlled by the county zoning ordinance and by building and fire code capacity verified at the required inspection.

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

The definitions and regulations in this chapter shall be cumulative to those found in section 1.5 of the county's zoning ordinance.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).

Full Breakdown

The Clayton County short-term rental ordinance does not state a maximum number of guests. Section 22-900 provides that the article's definitions and regulations are cumulative to Section 1.5 of the county zoning ordinance, so a unit must remain a permitted use in its zoning district and comply with density and dwelling-unit rules there. Section 22-901(c) further requires each property to pass a building and fire code inspection before a permit issues, and those codes govern the safe occupant load. Because the STR must be inside or adjacent to the owner's occupied dwelling on the same property, it functions as an accessory use rather than a stand-alone lodging operation.

Violations & Fines

Exceeding zoning or building/fire code occupancy can fail the required inspection and block or void the permit. Under Section 22-902, noncompliance with any requirement of the article is grounds for denial, suspension, or revocation of the STR permit.

Frequently Asked Questions

How many guests can a Clayton County STR host?
The ordinance names no number. Occupancy is limited by the county zoning district rules and by the building and fire code capacity checked during the required inspection.
Where is the occupancy rule found?
Section 22-900 makes the STR rules cumulative to zoning ordinance Section 1.5, and Section 22-901(c) requires a building and fire code inspection that sets safe occupant load.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

Compare Clayton County to another location·View the Georgia short-term rentals overview

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