Frederick County, VA Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Max lodgers per night
- 10 unrelated persons
- Max guest rooms
- Five
- Rental contracts
- One per dwelling per night
- Special events
- Prohibited with short-term lodging
- Governing section
- § 165-702.08.B, C(1)-(2)
Summary
Short-term lodging in Frederick County outside Winchester, Stephens City and Middletown is capped at 10 unrelated lodgers per night and five guest rooms, with only one rental contract allowed per dwelling per night, under § 165-702.08 of the Zoning Ordinance.
§ 165-702.08. Short-term lodging or tourist home. ... Maximum occupancy. The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where the Uniform Statewide Building Code (USBC) ... permits only a fewer number of occupants. ... No more than five guest rooms are permitted for short-term lodging. ... A short-term lodging dwelling unit shall have a maximum of one rental contract per night.
Full Breakdown
08, and its occupancy rules are numeric and specific. No more than 10 unrelated persons may lodge on the property in a single night, though the cap drops further if the Virginia Uniform Statewide Building Code (USBC) sets a lower occupant limit for the structure, since the stricter of the two controls. The ordinance also caps the number of guest rooms offered for short-term lodging at five, regardless of how large the house is. A separate rule limits each dwelling to a single rental contract per night: everyone lodging there must be associated with that one contract, so an operator can't book several unrelated parties into different rooms of the same house on the same night to get around the person cap.
The use has to comply with the applicable Virginia USBC or Manufactured Home Safety Regulations as determined by the Building Official, and special events, weddings, parties and similar gatherings, are prohibited outright in connection with short-term lodging. The Department of Planning and Development administers the use, and the property must be available for inspection during reasonable hours under Article II of the ordinance.
Violations & Fines
Exceeding the 10-lodger or five-guest-room caps, or booking more than one rental contract per night, violates § 165-702.08 and is punishable under § 165-204.04 as a misdemeanor, with fines of $10 to $1,000 for the first offense rising to $2,000 for continued noncompliance across successive 10-day periods.
Frequently Asked Questions
How many guests can stay overnight at a short-term rental?
How many rooms can be rented out?
Can I book two separate groups into the same house the same night?
Sources & Official References
Other rules in Frederick County
Compare Frederick County to another location·View the Virginia short-term rentals overview
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