Fairfax County requires short-term lodging to occur in the operator primary residence. Non-owner-occupied investment STRs are not permitted in most residential zoning districts under Zoning Ordinance Section 6-409.
Fairfax County Zoning Ordinance Section 6-409 defines short-term lodging as a use accessory to a primary dwelling occupied by the owner or long-term tenant. The operator must reside at the property at least 185 days per year and provide proof of primary residency such as a Virginia driver license, voter registration, or tax filing. Whole-house investor rentals operating year-round in residential districts are prohibited. The rule reflects Virginia Code Section 15.2-983 partial preemption while preserving local zoning authority.
Operating a non-primary-residence STR can result in zoning violation notices, civil penalties up to 1,000 dollars per violation under Virginia Code Section 15.2-2286, and permit denial or revocation by Fairfax County.
See how Herndon's primary-residence-only rule rules stack up against other locations.
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