Frederick County, VA Short-Term Rentals: Extended Home Share (2026)
Key Facts
- Occupancy cap
- 10 unrelated lodgers per night
- Guest rooms
- Maximum 5 per unit
- Rental contracts
- One per night, no splitting
- Permits required
- County admin permit plus business license
- Special events
- Prohibited with short-term lodging
Summary
In Frederick County outside Winchester, Stephens City and Middletown, operating a short-term lodging or tourist home requires an administrative permit from the Department of Planning and Development plus a business license from the Commissioner of the Revenue before any bookings begin. Section 165-702.08 caps occupancy at 10 unrelated lodgers per night, limits the unit to one rental contract at a time, and restricts it to five guest rooms.
§ 165-702.08. ... Short-term lodging or tourist home. A. Permits. No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use. B. Maximum occupancy. The maximum number of lodgers per night shall not exceed 10 unrelated persons ... ... C. Use regulations. (1) No more than five guest rooms are permitted for short-term lodging. (2) A short-term lodging dwelling unit shall have a maximum of one rental contract per night.
Full Breakdown
08 governs short-term lodging, also called a tourist home, on unincorporated land outside Winchester, Stephens City and Middletown. Before any lodger books a night, the owner must secure a short-term lodging administrative permit from the Department of Planning and Development and a business license from the Commissioner of the Revenue; renting without both is an unpermitted use under the Zoning Ordinance, Chapter 165. Subsection B caps occupancy at 10 unrelated persons per night, though the Virginia Uniform Statewide Building Code can push that lower depending on egress and life-safety calculations for the structure.
Subsection C limits the operation to five guest rooms and a single rental contract per night, so a host cannot split a house into two simultaneous bookings under separate contracts; every lodger staying that night must be tied to the same contract. The dwelling or manufactured home used for short-term lodging must remain available for County inspection during reasonable hours under the Administration article of the chapter, must meet the applicable Virginia USBC or Manufactured Home Safety Regulations as determined by the Building Official, and must post an exit-pathway plan inside the door of every sleeping room used for lodging.
Special events, as separately defined in Article XI of the chapter, are flatly prohibited in connection with a short-term lodging use, so a host cannot layer a wedding or large gathering onto the rental. The Zoning Administrator processes the permit and enforces these standards, and the Commissioner of the Revenue collects the accompanying business license.
Violations & Fines
Operating short-term lodging without the Department of Planning and Development's administrative permit or without a Commissioner of the Revenue business license is a zoning violation under § 165-204.04. The Zoning Administrator issues a notice of violation with a correction deadline; unresolved violations become a misdemeanor punishable by a fine of $10 to $1,000, rising to as much as $2,000 for repeated 10-day periods of noncompliance.
Frequently Asked Questions
Do I need a permit to rent my Frederick County home short term?
How many guests can stay in a short-term rental in Frederick County?
Can I book my Frederick County rental to two different groups the same night?
Sources & Official References
Other rules in Frederick County
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