Last verified: October 22, 2026
Indian Rocks Beach and Clearwater sit a few miles apart, but they treat nightly rentals in opposite ways. Indian Rocks Beach allows vacation rentals in its residential and tourist districts if you hold a city Vacation Rental Registration and follow Chapter 18, Article V of the city code. Clearwater's Community Development Code says a residential use on residentially zoned land does not include rentals under 31 days or one calendar month, whichever is less, so nightly and weekly stays belong in nonresidential districts such as Tourist (T).
I'm Troy Nowak, broker of Mangrove Bay Realty (BK3436609). This guide quotes the code sections themselves, with links to the current versions on Municode, so you can check every line before you buy or list a rental in either city.
What is the short version for each city?
| Question | Indian Rocks Beach | Clearwater |
|---|---|---|
| Are stays under 30 days allowed in residential zoning? | Yes, in S, RM-1, RM-2 and CT with a registration (Sec. 18-201, 18-204) | No. Residential use excludes rentals under 31 days or one calendar month (CDC Sec. 8-102, "Residential use") |
| Where are nightly stays allowed? | Registered units in S, RM-1, RM-2 and CT | Overnight accommodations are a listed use in districts such as Tourist (T) (CDC Table 2-802) |
| City registration | Annual Vacation Rental Registration, one per unit (Sec. 18-204, 18-208, 18-209) | No city vacation rental registration in the code sections cited here |
| Occupancy cap | 2 per bedroom plus 2, max 10 (S, RM-1, RM-2) or 12 (CT) (Sec. 18-216) | Set by the district, building and fire codes for the approved use |
| Parking | 1 on-site space per bedroom for single-family and two-family (Sec. 18-218) | Table 2-802 lists 1.2 spaces per unit for overnight accommodations in T |
| How the city proves a short stay | Registration and advertising rules (Sec. 18-214) | Prima facie evidence list (CDC Sec. 3-919) |
Municode versions checked October 22, 2026: Indian Rocks Beach Code of Ordinances (version dated September 25, 2026) and Clearwater Community Development Code (version dated July 9, 2026).
Why can Clearwater ban short stays in residential zoning when Florida limits local rules?
Florida Statute 509.032(7)(b) says a local law may not prohibit vacation rentals or regulate how long or how often they are rented. The same paragraph says it does not apply to a local law adopted on or before June 1, 2011.
Clearwater's rule is older than that. The source note under CDC Section 3-919 cites Ordinance 7105-03, dated April 17, 2003, and Ordinance 8042-09, dated June 4, 2009. Indian Rocks Beach, by contrast, adopted Ordinance 2023-02 in 2023, so its rules focus on registration, occupancy, parking, safety and noise rather than minimum stays.
Indian Rocks Beach: which code sections control a vacation rental?
The current rules are in Chapter 18, Article V, Vacation Rental Regulations. Each section notes Ord. No. 2023-02, adopted May 9, 2023.
Where does the article apply?
Section 18-201 applies the article to structures used as vacation rentals in the single family (S), medium density (RM 2), medium density duplex residential (RM 1) and high density commercial tourist (CT) districts.
Do you need a registration for each unit?
Yes. Section 18-204 requires a vacation rental registration to operate and says a separate registration is required for each vacation rental unit. Section 18-206 lists what the application must include, such as proof of ownership, a responsible person who can be reached at all times, the unit's DBPR license number, and tax registrations. Section 18-208 makes a registration valid for one year, and Section 18-209 requires annual renewal with an inspection.
The fees are set by resolution, not in the code. The city's vacation rental page lists the fees adopted by Resolution 2026-16 on September 8, 2026, effective October 1, 2026: $600 for a new or renewal registration per unit, $150 for an inspection, $75 for a re-inspection, and $200 added for a late renewal.
What happens when you buy a registered rental?
Section 18-211 says a new owner must file a new registration application within 30 days of the title change. If you do not, the existing registration expires on the 31st day. Put that date on your closing calendar.
How many guests can stay?
Section 18-216 limits overnight occupancy to 2 persons per bedroom plus 2 more in a common area. The cap is 10 overnight occupants in S, RM 1 and RM 2, and 12 in CT, no matter how many bedrooms the house has. The section also had a two-year phase-in for rentals that existed when it was adopted, and that higher cap ended on a sale or title transfer.
Section 18-200 defines a bedroom narrowly. A room added or converted without a required permit is not counted.
What about parking, noise and advertising?
Section 18-218 requires one on-site parking space per bedroom for single-family and two-family dwellings. Section 18-217 covers safety codes, noise and quiet-hours limits. Section 18-214 says every listing must match the registration, show the city registration number, and include the city's good-neighbor noise statement. It also bars advertising a rental as an event venue for gatherings larger than the allowed occupancy.
What are the penalties?
Section 18-202 sends violations to the code compliance magistrate, who can impose fines under Florida Statute 162.09. After a third adjudicated or admitted violation in 12 months at the same unit, the magistrate may suspend the registration. After a third suspension in three years, the magistrate may revoke it.
Is there an older zoning article too?
Yes. Chapter 110, Article IX, Short Term Vacation Rentals, from Ord. No. 2018-01, still appears in the zoning code. Section 110-842 requires a Florida Department of Revenue certificate, a DBPR license when applicable, and a city business tax receipt. Read both articles together.
Clearwater: which code sections control a short stay?
How does the code define residential use?
Section 8-102 of the Clearwater Community Development Code defines "residential use" as a permanent place of residence for a family. It says a residential use on residentially zoned property does not include rentals for periods of less than 31 days or one calendar month, whichever is less, or a place advertised or held out for those stays. It also excludes interval ownership, fractional ownership and timesharing units.
The same section defines "overnight accommodations" as a facility where occupancy is for a term of less than 31 days or one calendar month, whichever is less, or is offered or advertised that way.
What does the city use as evidence?
CDC Section 3-919 lists prima facie evidence of a short stay in a residential district. The list includes a state registration or license for short-term or transient rental under Chapters 212 and 509, advertising a unit for tourist or vacation rental use, overlapping bookings or leases for less than 31 days, and using an agent to make reservations. A DBPR license on a residentially zoned house can count against you in Clearwater.
Where are nightly stays allowed?
CDC Section 2-802 lists Overnight Accommodations as a Level One permitted use in the Tourist (T) District, subject to the standards in that table. The table lists a minimum lot area of 20,000 square feet and 1.2 off-street parking spaces per unit for that use. Check the zoning of the exact parcel before you assume a beach address is in T.
CDC Section 1-104 ties it together: land and buildings may only be used in conformity with the zoning district they sit in.
For more on the Clearwater market and history, read are short-term rentals allowed in Clearwater.
What applies in both cities?
City rules sit on top of state and county requirements.
- A Florida DBPR vacation rental license, under Chapter 509. See the DBPR vacation rental guide.
- Florida sales tax registration with the Department of Revenue.
- The Pinellas County tourist development tax, registered through the Pinellas County Tax Collector, which applies to rentals of six months or less.
- Condo, HOA and deed restrictions, which can be stricter than either city.
For the other Pinellas cities, use the Pinellas County STR rules by city and the Indian Rocks Beach STR market guide.
What should you check before you buy in either city?
- Confirm the parcel is inside city limits and pull its zoning district.
- In Indian Rocks Beach, confirm the registration, inspection history, bedroom count on approved plans, parking spaces, and the 30-day re-registration deadline after closing.
- In Clearwater, confirm the parcel is in a district that allows overnight accommodations before you count any nightly income.
- Check the DBPR license, state sales tax and county tourist tax accounts.
- Read the condo or HOA documents for rental limits.
Official sources
- Indian Rocks Beach Code, Chapter 18, Article V, Vacation Rental Regulations (Municode) (checked October 22, 2026)
- Indian Rocks Beach Code, Chapter 110, Article IX, Short Term Vacation Rentals (Municode) (checked October 22, 2026)
- City of Indian Rocks Beach vacation rental information and Resolution 2026-16 fees (checked October 22, 2026)
- Clearwater CDC Section 8-102, Definitions (Municode) (checked October 22, 2026)
- Clearwater CDC Section 3-919 (Municode) (checked October 22, 2026)
- Clearwater CDC Section 2-802, Tourist District (Municode) (checked October 22, 2026)
- Clearwater CDC Section 1-104 (Municode) (checked October 22, 2026)
- Florida Statute 509.032 (2025) (checked October 22, 2026)
Frequently asked questions
Can I run an Airbnb in a Clearwater residential neighborhood?
Not for stays under 31 days or one calendar month, whichever is less. CDC Section 8-102 excludes those rentals from residential use on residentially zoned land, and Section 3-919 lists the evidence the city uses.
Does Indian Rocks Beach require a permit for vacation rentals?
Yes. Section 18-204 requires a Vacation Rental Registration for each unit, renewed every year with an inspection. The fee is $600 per unit from October 1, 2026, under Resolution 2026-16.
What is the occupancy limit in Indian Rocks Beach?
Two guests per bedroom plus two, capped at 10 in S, RM 1 and RM 2, and 12 in CT, under Section 18-216.
Does a DBPR license make a Clearwater rental legal?
No. A state license does not override city zoning. Clearwater's Section 3-919 even lists state short-term rental registration as evidence of a short stay in a residential district.
Who can review a specific address?
Troy Nowak, broker of Mangrove Bay Realty (BK3436609), can check the city, zoning and registration before you offer. Send the address
Educational real estate information, not legal advice. Codes change. Verify the current Municode version and the exact parcel with the city before you buy.