No City of Maricopa ordinance setting a guest occupancy cap for short-term rentals was found. Arizona law A.R.S. 9-500.39 prevents cities from restricting vacation rentals based on occupancy or classification, but it does bar nonresidential uses such as permitted special events. Standard building/residential occupancy norms apply.
Arizona's preemption statute, A.R.S. 9-500.39, generally bars a city from regulating vacation and short-term rentals based on their classification, use, or occupancy. The statute does carve out that a 'vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license' under the city code or A.R.S. Title 4 (liquor). In practical terms this means a city may stop a short-term rental from operating as an event venue, but cannot simply cap the number of overnight guests by ordinance the way it might for a hotel. Research did not find any City of Maricopa ordinance imposing a specific per-bedroom or total-guest occupancy limit on short-term rentals. As a result, occupancy is governed by general residential and building-code standards rather than an STR-specific city cap. Hosts should still set a reasonable maximum occupancy consistent with the dwelling's bedrooms, septic/sewer capacity, and fire-safety considerations, and should confirm with Maricopa Development Services whether any newer occupancy or nuisance provisions have since been adopted under the authority A.R.S. 9-500.39 leaves to cities.
Using a short-term rental for a nonresidential purpose, such as hosting a special event that would require its own permit, is prohibited by A.R.S. 9-500.39 and can trigger the statute's civil penalties. No city-specific STR occupancy-cap violation was identified, because no such cap was found in the City of Maricopa code.
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