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Spotsylvania County, VA Short-Term Rentals: Primary-Residence-Only Rule (2026)

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

Key Facts

Use classification
Bed and Breakfast I / II (zoning)
Occupancy requirement
Owner-occupied dwelling required
Room cap, Tier I
Up to 5 guest rooms
Room cap, Tier II
6 to 20 guest rooms
Stay limit
30 consecutive days maximum
Parking
1 space per guest room

Summary

Spotsylvania County has no Airbnb-style short-term rental ordinance separate from its bed and breakfast use. Both tiers, Bed and Breakfast I and II, are zoned only as an owner-occupied dwelling: the operator must live on the property. Bed and Breakfast I caps guest rooms at five; Bed and Breakfast II tops out at twenty, still under owner occupancy.

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

Bed and breakfast I means a stand-alone owner occupied dwelling, of sufficient capacity in terms of sewage treatment and parking needs in which up to five (5) guest rooms with private or shared bathroom facilities are available as lodging for persons, either individually or as families or groups, for specific periods of time not to exceed thirty (30) days, with one or more meals offered to lodging patrons and their guests (but not the general public). ... Bed and breakfast II means a stand-alone dwelling and/or collection of other accessory buildings on the same lot that is occupied by the owner operators, of sufficient capacity in terms of sewage treatment and parking needs in which more than five (5), up to twenty (20) guests rooms total with private or shared bathroom facilities are available as lodging for persons onsite, either individually or as families or groups, for specific periods of time not to exceed thirty (30) days, with one or more meals offered to lodging patrons and their guests (but not the general public).

Full Breakdown

The zoning ordinance's only home-lodging category is the bed and breakfast use defined at Spotsylvania County Code § 23-2.1.4. Bed and Breakfast I is "a stand-alone owner occupied dwelling" with up to five guest rooms, private or shared baths, stays capped at thirty consecutive days, and meals offered only to lodging patrons and their guests, never the general public. Bed and Breakfast II raises the cap to between six and twenty guest rooms but keeps the same owner-occupancy condition, requiring the dwelling and any accessory buildings on the lot to be "occupied by the owner operators." Neither tier allows an absentee investor to run the lodging remotely.

Zoning treatment differs by district: Bed and Breakfast I is a by-right permitted use in agricultural districts such as A-2 and the Rural Preservation (Ru/PRR) classifications, while Bed and Breakfast II requires board-of-supervisors approval as a special use in those same districts, subject to the Article 4, Division 5 special-use procedure, including site plan review and the standards in § 23-4.5.7. Parking is set at one space per guest room, plus whatever the single-family detached dwelling standard requires under § 23-5.9.3.

This is distinct from the county's daily rental property tax at § 21-293, which taxes short-term rental of tangible personal property such as equipment, not home stays, and from the transient occupancy tax under Article VI of Chapter 21, which applies to hotel, motel, and campground revenue rather than zoning eligibility.

Violations & Fines

Operating a home-stay lodging use without meeting the owner-occupancy requirement, exceeding the five- or twenty-room caps, or running the use without required special use approval is a zoning violation enforced by the zoning administrator under § 23-9.1.1. After a written notice of violation, uncorrected conditions become a misdemeanor punishable by a fine of $10 to $1,000 per § 23-9.1.2, with escalating fines up to $1,500 for each ten-day period the violation continues.

Frequently Asked Questions

Can I rent my Spotsylvania County home on Airbnb without living there?
No. The county's only zoning category for paid overnight home lodging is the bed and breakfast use, and both tiers require the owner to occupy the dwelling. Bed and Breakfast I is defined as "a stand-alone owner occupied dwelling," and Bed and Breakfast II must be "occupied by the owner operators." An investor-owned, non-owner-occupied nightly rental does not fit either definition.
How many guest rooms can a Spotsylvania bed and breakfast have?
Bed and Breakfast I is capped at up to five guest rooms with private or shared baths. Bed and Breakfast II covers more than five and up to twenty guest rooms total, but still requires owner-operator occupancy and the same thirty-day stay limit as Tier I under § 23-2.1.4.
Does Spotsylvania County require a permit for a bed and breakfast?
Bed and Breakfast I is a by-right permitted use in several districts, needing only site plan approval, while Bed and Breakfast II requires special use approval from the board of supervisors under § 23-4.5.2, including a public hearing before the planning commission and compliance with the standards in § 23-4.5.7.
Is the county's short-term rental tax the same as a bed and breakfast permit?
No. The short-term rental business tax under § 21-293 taxes rental of tangible personal property, like equipment, at one percent of gross proceeds; it has nothing to do with home lodging. A bed and breakfast is a land-use classification requiring owner occupancy, separate from any tax registration.

Sources & Official References

Other rules in Spotsylvania County

All Spotsylvania County rules

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