Cherokee County, GA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Overnight guest cap
- 2 persons per bedroom
- Total occupancy cap
- 16 persons, day guests included
- Children excluded
- Age 10 and under
- Max rentable bedrooms
- 5 per property
- Parking required
- 1 hard-surfaced space per bedroom
- First violation fine
- Up to $250.00
Summary
Cherokee County caps overnight guests at a licensed short-term rental to two per bedroom, and total occupancy, including day guests, cannot exceed 16 people on the property, with children ten and under excluded from the count.
Occupancy limitation. The number of occupants shall not exceed two persons per bedroom as overnight guests, and in no case shall rental occupancy, including day guests, exceed 16 persons total on the property. Children ten years of age and under do not count toward these occupancy limits.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39 | Zoning: Supplement 35).
Full Breakdown
Sec. 18-383(d)(7) of the short-term rental division sets the occupancy limitation for any certificated short-term rental in the unincorporated county: overnight guests are capped at two per bedroom, and rental occupancy overall, counting day guests as well as overnight guests, cannot exceed 16 persons total on the property at any time. Children ten years of age and under are excluded from both counts. Because a residential dwelling unit can offer no more than five bedrooms for rent under Sec. 18-383(d)(4), with any additional bedrooms required to stay locked throughout every rental period, the two-per-bedroom formula effectively tops out at ten paying overnight guests before the 16-person hard cap takes over as the binding limit.
The maximum overnight-guest and total-person counts must be posted on a notice conspicuously displayed near the property's front door, along with the maximum number of vehicles permitted to park on site (Sec. 18-383(d)(11)). Parking itself is tied to bedroom count: the property must provide one off-street, hard-surfaced parking space per rented bedroom, and grass or yard parking is prohibited. A property advertised or listed on a site such as Airbnb or VRBO is treated as prima facie evidence that it is being used as a short-term rental, so the occupancy cap applies regardless of whether a listing states otherwise (Sec.
18-381(d)). The Cherokee County Development Services Center, the county marshal's office and the sheriff's office share authority to investigate complaints that a rental has exceeded its posted occupancy.
Violations & Fines
Exceeding the occupancy cap is a violation of the short-term rental division subject to the progressive penalty schedule in Sec. 18-386: a first violation within 12 months draws a magistrate court fine up to $250.00 plus a written warning, a second draws up to $500.00 plus certificate suspension of 30 to 90 days, and a third draws up to $1,000.00, revocation of the certificate, and a 12-month bar on reapplying.
Frequently Asked Questions
How many overnight guests can stay at a Cherokee County short-term rental?
Do young children count toward the occupancy limit?
What happens if a short-term rental exceeds its posted occupancy?
Sources & Official References
Other rules in Cherokee County
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