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

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

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

§ 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?
No more than 10 unrelated persons per night under § 165-702.08.B, though the Virginia USBC's occupant limit for the structure controls if it sets a lower number.
How many rooms can be rented out?
A maximum of five guest rooms may be used for short-term lodging under § 165-702.08.C(1), no matter how many bedrooms the house has.
Can I book two separate groups into the same house the same night?
No. § 165-702.08.C(2) limits the dwelling to one rental contract per night, and everyone lodging there must be part of that same contract.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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