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

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

Key Facts

Room cap
Up to 5 rooms open to transients
Defining section
Code § 24-2, 'tourist home'
Permit status
By-right or SUP, by district
Beyond 5 rooms
Classified as hotel/resort hotel

Summary

James City County's Zoning Ordinance caps a tourist home, the county's bed-and-breakfast-style short-term rental category, at five rooms open to paying transients. Sec. 24-2 defines the use, and district use tables require a special use permit in most zones before a property owner can rent out rooms this way.

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

Tourist home. A dwelling where lodging or lodging and meals are provided for compensation for up to five rooms which are open to transients.

Full Breakdown

James City County has no separate short-term-rental ordinance; it regulates overnight paid lodging in a private home through the tourist home definition in the Zoning Ordinance. Sec. 24-2 defines a tourist home as a dwelling where lodging or lodging and meals are provided for compensation for up to five rooms which are open to transients, so a homeowner cannot rent more than five rooms to paying overnight guests under this use category; a larger operation falls outside the tourist-home definition and into the hotel or resort-hotel categories, which carry their own zoning requirements and performance standards under Sec.

24-45. The five-room cap applies regardless of how the rooms are marketed, whether through a booking platform, a sign, or word of mouth, because the definition turns on the number of rooms open to transients, not on the advertising method. Zoning district use tables list Tourist home as permitted by right in some commercial and mixed-use districts but require a special use permit from the Board of Supervisors in most business districts, meaning a property owner must confirm the district classification before assuming the five-room limit alone is enough to operate.

Community Development's zoning administrator reviews tourist-home uses for compliance with the district's requirements, and the off-street parking requirements of Sec. 24-54 apply as they would to any nonresidential use sharing the site.

Violations & Fines

Renting more than five rooms to transients, or operating a tourist home in a district where the use requires a special use permit that was never obtained, is a zoning violation enforceable under Sec. 24-22: a misdemeanor fined $10.00 to $1,000.00, with each additional 30-day period of noncompliance a separate offense, plus possible injunctive relief.

Frequently Asked Questions

How many rooms can I rent out short-term in my James City County home?
Up to five rooms open to transients qualifies as a tourist home under Sec. 24-2. Renting more rooms than that pushes the property into the hotel or resort-hotel category, which is regulated separately and typically is not permitted on residential-zoned property.
Do I need a permit to rent rooms in my house to travelers?
It depends on the zoning district. The county's use tables list Tourist home as permitted by right in some commercial and mixed-use districts but require a special use permit from the Board of Supervisors in most business districts, so check your property's zoning before advertising rooms for rent.
Does the five-room cap include rooms used only by my own family?
No, the definition counts only rooms open to transients, meaning rooms actually offered to paying overnight guests; bedrooms your household continues to use for its own family members are not counted toward the five-room tourist-home limit set out in Sec. 24-2.

Sources & Official References

Other rules in James City County

All James City County rules

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