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Albemarle County, VA Short-Term Rentals: Occupancy Limits (2026)

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

Key Facts

Default cap (small/residential lots)
2 guest rooms per homestay
Special-exception cap (small/residential lots)
up to 5 guest rooms
Rural Areas, 5+ acre lots
up to 5 guest rooms by right
Homestays per parcel (default)
1 homestay use
Homestays per parcel (RA, 5+ acres, 2 dwellings)
up to 2 homestay uses

Summary

Albemarle County caps most homestays at two guest bedrooms, rising to five only by Board of Supervisors special exception on smaller lots, or by right on Rural Area parcels of five acres or more, under Zoning Ordinance § 5.1.48(c).

These county ordinances apply to unincorporated areas of Albemarle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

c.Parcel-based regulations.1.Each homestay located on (a) a parcel of less than five acres in the Rural Areas zoning district or (b) a parcel of any size that allows residential use in the Residential zoning districts or Planned Development zoning districts is subject to the following regulations:i.Number of homestay uses. Any parcel may have only one homestay use.ii.Structure types. Homestay uses may be conducted only in a detached single-family dwelling or within its accessory apartment, provided that by special exception, the Board of Supervisors may authorize the homestay use of accessory structure(s).iii.Number of guest rooms. A maximum of two guest rooms used for sleeping may be permitted with each homestay use, provided that by special exception, the Board of Supervisors may authorize the homestay use of up to five guest rooms.

Full Breakdown

48, and the guest-room cap depends on the parcel. 48(c)(1) limits the homestay to a maximum of two guest rooms used for sleeping, and only one homestay use is allowed per parcel; the Board of Supervisors can authorize up to five guest rooms, but only through a special exception, not by right. Homestay uses on these smaller or residentially zoned parcels are also restricted to a detached single-family dwelling or its accessory apartment, again unless the Board grants a special exception for an accessory structure.

48(c)(2) is more permissive: up to five guest rooms are allowed by right per homestay use, the parcel may host up to two separate homestay uses if it has at least two single-family residences, and homestay uses may run out of a detached dwelling, its accessory apartment, or a pre-August 7, 2019 accessory structure. 48(a) that discloses the maximum number of guest rooms, on-site parking, and outdoor lighting, plus building, fire and Virginia Department of Health approval of the use before the clearance issues. A homestay cannot be accessory to an accessory apartment, and restaurants and outside special events are barred as accessory uses regardless of guest-room count.

Violations & Fines

Operating a homestay with more guest rooms than § 18-5.1.48(c) permits, or without the required zoning clearance, is a Chapter 18 zoning violation under § 18-36.1, enforced through the zoning administrator's notice-of-violation process. Civil penalties run $200 for the first summons and $500 for each subsequent one from the same facts, capped at $5,000 aggregate under § 18-36.3, before misdemeanor criminal prosecution becomes available under § 18-36.4.

Frequently Asked Questions

How many guest bedrooms can an Albemarle County homestay have?
On most lots, two bedrooms under § 18-5.1.48(c)(1)(iii), unless the Board of Supervisors grants a special exception raising it to five. On a Rural Areas parcel of five acres or more, § 18-5.1.48(c)(2)(iii) allows five guest rooms by right without a special exception.
Can I run more than one homestay on my property?
Only on Rural Areas parcels of five acres or more with at least two single-family residences, where § 18-5.1.48(c)(2)(i) permits up to two homestay uses. Every other parcel is limited to one homestay use under § 18-5.1.48(c)(1)(i).
Do I need county approval before starting a homestay in Albemarle County?
Yes. Section 18-5.1.48(a) requires a zoning clearance before conducting a homestay, including disclosure of the maximum number of guest rooms and on-site parking, plus prior approval from the building official, fire official, and Virginia Department of Health.

Sources & Official References

Other rules in Albemarle County

All Albemarle County rules

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