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Lexington, KY Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

Occupancy source
Conditional use permit, or Zoning Ordinance by zone
Resident counted
Any permanent resident present during a stay
Posting duty
Max occupancy posted inside the unit
Advertising duty
Max occupancy stated in every ad
1st offense fine
$125

Summary

A Lexington short-term rental may hold only the maximum number of occupants set in its conditional use permit, or otherwise the applicable Zoning Ordinance limit for that zone. Any permanent resident present during a stay counts toward that cap, and the limit must be posted inside the unit and stated in every advertisement.

May be occupied by the maximum number of individuals provided in the licensee's conditional use permit, if applicable, or otherwise the Zoning Ordinance, as applicable in the relevant zone. Any permanent resident of the dwelling unit present during the short-term rental period shall count toward the maximum occupancy; ... Short-term rentals shall not be utilized for private events, such as weddings or parties, in which the number of participants exceeds the maximum occupancy limit described in this section.

Source: Lexington STR ProgramView official code

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

Full Breakdown

' The same section bars private events from exceeding that occupancy figure and requires the licensee to post the maximum occupant count in a conspicuous location inside the rental. ' Advertising is tied to the same cap: § 13-80 requires every advertisement for the rental, including on hosting platforms, to include 'language specifying the allowed maximum number of occupants allowed under this article' and language telling guests they may not bring more people onto the premises than that maximum permits.

Violations & Fines

Exceeding the posted occupancy limit, or advertising the rental without the required occupancy-limit language, is a violation under §§ 13-76 through 13-82, subject to civil penalties from $125 for a first offense up to $1,000 for a fourth or later offense under § 13-81. Two such violations within one license term expose the licensee to revocation of the special fees license under § 13-77.

Frequently Asked Questions

How is a Lexington STR's maximum occupancy set?
By the conditional use permit for that property, if it has one, or otherwise by the Zoning Ordinance limit for the zone the rental sits in, per § 13-79. The applicant requests a number at licensing under § 13-77, which cannot exceed the § 13-79(a)(7) limit.
Does the host count toward the occupancy limit?
Yes. § 13-79 specifies that any permanent resident of the dwelling unit present during the short-term rental period counts toward the maximum occupancy, so a hosted rental's cap includes the host along with paying guests.
Do Lexington STR listings have to state the occupancy limit?
Yes. § 13-80 requires every advertisement, including on hosting platforms like Airbnb, to include language specifying the allowed maximum occupants and language warning guests against bringing more people onto the premises than that limit allows.

Sources & Official References

Other rules in Lexington

All Lexington rules

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