Clayton County, GA Short-Term Rentals: Occupancy Limits (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.
The definitions and regulations in this chapter shall be cumulative to those found in section 1.5 of the county's zoning ordinance.
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?
Where is the occupancy rule found?
Sources & Official References
Other rules in Clayton County
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