Vienna's Short-Term Rentals: The Rules That Matter

Every city handles short-term rentals a little differently. In Vienna, Virginia, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Occupancy Limits

Vienna limits short-term rental occupancy to two adults per bedroom plus additional children, with a hard cap typically around 8 to 10 guests depending on dwelling size. Maximum occupancy must be clearly posted inside the rental and enforced by the host to prevent overcrowding and neighborhood disturbance.

Key details: Fact: Two adults per legal bedroom is the standard rule. Fact: Overall cap typically 8 to 10 guests regardless of bedroom count. Fact: Only USBC-compliant bedrooms count toward occupancy. Fact: Max occupancy must be posted visibly inside the rental. Fact: Parties and events exceeding occupancy generally prohibited.

Contact your local code enforcement office for specific penalty information.

Taxes & Fees

Lodging in the Town of Vienna under 30 consecutive days is subject to Fairfax County Transient Occupancy Tax: 2% Tourism plus 3% Regional Transportation, totaling 5%. Returns are filed monthly with Fairfax County Tax Administration on or before the 20th of the following month.

Key details: TOT Rate: 5% (2% + 3%). Collected By: Fairfax County. Filing Schedule: Monthly, by the 20th. Threshold: Stays under 30 days. Local Vienna Tax: None separate.

Failure to register the lodging business with Fairfax County, file monthly TOT returns, or remit collected tax exposes the operator to penalties and interest under the County tax code administered by the Department of Tax Administration. Late filings accrue penalty and interest charges; persistent non-filing can result in audit, assessment, and collection action.

Noise Rules

Short-term rental guests in Vienna are subject to Town Code Sec. 10-20.1, the general noise ordinance enforced by Vienna Police. Construction-type activity is barred Sundays and on six federal holidays, and may not begin before 9 a.m. on Saturdays. Civil penalties are $250 first offense, $500 each subsequent offense.

Key details: Code Section: Town Code Sec. 10-20.1. Enforced By: Vienna Police. First Offense: $250 civil penalty. Repeat Offense: $500 each. Saturday Work: Not before 9 a.m..

Violations of Sec. 10-20.1 are prosecuted as civil offenses with penalties of $250 for the first offense and $500 for each offense thereafter. Repeated guest-generated noise complaints can support a public nuisance claim against the property and may invite future Town Council action. Disorderly conduct or peace-disturbance behavior by guests may also be charged separately under Va. Code Sec. 18.2-415.

Parking Rules

Vienna's Chapter 18 zoning code requires off-street parking for one-family dwellings: 3 spaces on lots over 10,000 sq ft and 2 spaces on lots under 10,000 sq ft. The Town has no STR-specific parking add-on. Guests using on-street parking must follow standard Town parking rules.

Key details: STR-Specific Min: None. Lot > 10,000 sq ft: 3 off-street spaces. Lot <= 10,000 sq ft: 2 off-street spaces. Code Chapter: Chapter 18 (Zoning). Enforced By: Vienna DPZ + Police.

A dwelling that fails to provide the required off-street parking under Chapter 18 is in violation of the Zoning Code, enforceable by the Vienna Department of Planning and Zoning, and subject to a notice of violation, civil penalties, and orders to bring the property into compliance. Guest vehicles parked in violation of Town parking regulations or blocking sidewalks, hydrants, or driveways are subject to standard parking citations issued by Vienna Police.

Permit Requirements

The Town of Vienna has its own STR regulations separate from Fairfax County. The Fairfax County STL ordinance does not apply to incorporated towns. Vienna residents must comply with Town of Vienna zoning for any short-term rental use. Contact Planning & Zoning for current permit requirements.

Key details: Fairfax County STL: Does NOT apply to Town of Vienna. Vienna Zoning: Chapter 18 governs land use. Contact: Planning & Zoning: 703-255-6341. VA Law: §15.2-983 (registry available). TOT: Fairfax County 5% applies to lodging.

Operating without permit: $250 to $500/day depending on locality. Safety violations: correction notice with timeline. Repeat violations: permit revocation.

The Bottom Line

Vienna's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Vienna is broadly strict or permissive.

This guide is based on Vienna's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.