James City County, VA Short-Term Rentals: Occupancy Limits (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.
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?
Do I need a permit to rent rooms in my house to travelers?
Does the five-room cap include rooms used only by my own family?
Sources & Official References
Other rules in James City County
Compare James City County to another location·View the Virginia short-term rentals overview
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