Flagler County, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Single/two-family districts cap
- 10 occupants per unit
- Other/multi-family districts cap
- 16 transient occupants per unit
- Square-footage formula
- 1 person per 150 sq ft living space
- Parking requirement
- 1 space per 3 transient occupants
- On-street parking
- Not permitted for STR guests
Summary
Flagler County caps short-term vacation rental occupancy at ten transient occupants in single-family and two-family zoning districts, and sixteen in all other zoning districts, whichever formula (square footage, septic permit, or bedroom count) yields the lower number first. Parking and trash requirements scale with that occupancy figure, and the rule applies only east of U.S. Highway 1 in the unincorporated county.
2.Maximum occupancy. The following specific site considerations in subsections a., b., and c. shall limit any short-term vacation rental occupancy to whichever is less, but not to exceed the permitted maximums provided in subsections d. or e., as applicable, below:a.One (1) person per one hundred fifty (150) gross square feet of permitted, conditioned living space; or ... d.In the R-1, R-1b, R-1c, R-1d, R-2, MH-1, MH-2, and R/C zoning districts and any PUD development or specific portion thereof developed as a single- or two-family neighborhood, the maximum occupancy shall be limited to ten (10) occupants per short-term vacation rental unit.e.In all other zoning districts and developments predominantly developed with greater than two-family dwelling units, the maximum occupancy shall be limited to sixteen (16) transient occupants per short-term vacation rental unit.
Full Breakdown
Section 3.06.14(C)(2) of the Land Development Code layers three occupancy tests and takes whichever produces the lowest number: one person per 150 gross square feet of conditioned living space, whatever a Health Department septic permit allows, and two persons per qualifying sleeping room plus two more in a common area. That figure is then capped at a hard ceiling depending on zoning: ten occupants in the R-1, R-1b, R-1c, R-1d, R-2, MH-1, MH-2 and R/C districts and in PUDs developed as single- or two-family neighborhoods, or sixteen transient occupants in all other zoning districts and in developments predominantly built with more than two-family units.
Occupancy drives two other standards in the same section: parking under 3.06.14(C)(3) must provide one off-street space per three transient occupants, garage spaces count only if open and accessible to guests, and on-street parking is not permitted at all; and solid waste under 3.06.14(C)(4) requires one lidded, animal-proof container of at least 35 gallons per four transient occupants, placed curbside on pickup day and pulled back in by the following sunrise. Advertising for the unit must match the occupancy shown on its certificate under 3.06.14(C)(10).
Violations & Fines
Exceeding the certified occupancy, or advertising a higher figure than the certificate allows, is a violation of Section 3.06.14 subject to the progressive enforcement in subsection K: a warning with a correction period for a first offense, then a civil citation with fines set by county resolution for repeat violations, with each day of noncompliance treated as a separate offense and Chapter 162, Florida Statutes enforcement available in addition to citation.
Frequently Asked Questions
How is the maximum occupancy actually calculated?
Do parking rules change with a bigger rental?
Can a property advertise more guests than its certificate allows?
Sources & Official References
Other rules in Flagler County
Florida rules heatmap·Compare Flagler County to another location·View the Florida short-term rentals overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.