Overview: Are Short-Term Rentals Legal in Harrisonburg, VA?

YES — Short-term rentals are explicitly legal in Harrisonburg, Virginia, but are highly regulated. The city adopted comprehensive Zoning Ordinance regulations for short-term transient lodging on March 26, 2019, establishing a legal framework for what are commonly referred to as "Airbnbs." Prior to this date, short-term rentals were illegal in Harrisonburg's residential zoning districts unless previously approved as bed and breakfast operations.

The current regulations establish two distinct categories:

1. Homestays — Operating by right without special approval
2. Short-term Rentals (STRs) — Requiring a Special Use Permit (SUP)

How to Start a Short-Term Rental Business in Harrisonburg

Initial Assessment and Decision Path

Before proceeding, determine your eligibility using the city's six-question criteria. If you answer "yes" to all six questions, you may apply to operate a by-right homestay. If you answer "no" to questions 3-6, you must obtain a Special Use Permit for short-term rental operation.

Six Key Eligibility Questions:

1. Do you live at this home/is the property your primary residence? (Operators must live on the property)
2. Will you be renting to guests for lodging periods of less than 30 consecutive nights at a time?
3. Is your home a single-family detached, duplex, or townhouse?
4. Will you be renting to 4 or fewer guests at one time?
5. Do you plan to rent the homestay/short-term rental for less than 90 nights in a calendar year?
6. Will guests be staying within the main residence? (As opposed to staying in a separate building on your property)

Step-by-Step Launch Process

For Homestay Operations:

1. Verify property eligibility against zoning requirements
2. Complete annual registration ($25)
3. Obtain business license from Commissioner of Revenue
4. Register for transient occupancy and state sales tax
5. Ensure compliance with all building and safety codes

For Short-Term Rental Operations (STR SUP Required):

1. Schedule pre-application meeting with Planning staff (recommended)
2. Prepare and submit Special Use Permit application with $425 + $30/acre fee
3. Appear before Planning Commission and City Council for approval
4. Complete STR Pre-Operation Form if required by Council conditions
5. Complete annual registration ($25)
6. Obtain business license from Commissioner of Revenue
7. Register for transient occupancy and state sales tax

Required Documents, Permits, Licenses, and Guidelines

Mandatory Documents for All STR Operations

Annual Registration:

• Homestay and Short-Term Rental Annual Registration Form
• Proof of primary residence (acceptable documents: VA driver's license, voter registration card, IRS W-2 form, recent payroll check stub, USPS change of address confirmation)
• $25 annual fee (valid from registration date through December 31st; renew annually between January 1st and March 1st)
• Registration can be completed online via the Permitting Web Portal

Business Licensing:

• Business License from Commissioner of Revenue's Office (cannot be obtained until STR SUP is approved)
• Valid January 1st through December 31st; must renew by March 1st annually

Tax Registration:

• Transient Occupancy Tax registration (local requirement)
• State Sales Tax registration through Virginia Department of Taxation

Additional Documentation for STR Special Use Permit

Special Use Permit Application:

• Application fee: $425.00 + $30.00 per acre (acreage rounded up to nearest whole number)
• Letter explaining proposed use and reasons for seeking SUP (must address operator identity, number of bedrooms/accommodation spaces, location description, maximum lodgers, parking arrangements)
• Property survey or site plan
• Any additional documentation requested during review process

STR Pre-Operation Form:

• Required for properties with approved STR SUP where Council conditions mandate compliance verification
• Must be completed by property owner or STR operator
• Submitted to Planning & Zoning Division before operations begin
• Addresses building code compliance for guest rooms and means of egress

Health and Safety Requirements

Building Code Compliance:

• Virginia Uniform Statewide Building Code compliance
• Virginia Statewide Fire Prevention Code compliance
• Second means of egress required for basement/non-traditional sleeping spaces (emergency egress window acceptable)
• Building inspections may be required for STR SUP applications or if building code issues are identified

Optional Permits:

• Virginia Department of Health Lodging Permit (required if serving food to guests)
• Virginia Alcohol Beverage Control Board permits (required if serving alcohol)

Specific Regulations for Short-Term Rentals

Zoning District Permitted

Homestays allowed in: R-1, R-2, R-3 (multiple), R-3 (medium), R-4, R-5, R-6, R-7, R-8, MX-U, B-1, and U-R districts

STRs allowed in: R-1, R-2, R-3 (multiple), R-3 (medium), R-4, R-5, R-6, R-7, R-8, MX-U, B-1, and U-R districts

Operational Limitations

By-Right Homestay Requirements:

• Property must be operator's primary residence
• If operator is not property owner, operator must be present during lodging period
• Lodging periods limited to less than 30 consecutive nights
• Maximum 4 guests
• May operate up to 90 nights per calendar year
• Allowed only in principal dwellings (not accessory buildings)
• No off-street parking requirements
• Single-family detached, duplex, and townhomes only (not allowed in multi-family dwellings/apartments)

Short-Term Rental Requirements (STR SUP):

• Property must be operator's primary residence
• If operator is not property owner, operator must be present during lodging period
• Lodging periods limited to less than 30 consecutive nights
• No maximum number of guests (unless conditioned by SUP)
• No limit on number of nights operated per year (unless conditioned by SUP)
• Allowed in single-family detached, duplex, townhomes, and multi-family units
• Allowed in principal dwellings or accessory buildings (unless restricted by SUP)
• One off-street parking space required for each accommodation space (unless conditioned otherwise)

Parking Requirements

Homestays: No off-street parking requirements

STRs: One off-street parking space for each accommodation space (bedroom or sleeping area), unless modified by Special Use Permit conditions. City Council may require more spaces during SUP review process.

Operational Prohibitions

Homestays:

• Cannot be marketed and used for events (weddings, receptions, etc.)
• Not allowed in multi-family buildings or accessory structures

All STR Operations:

• Must comply with all zoning regulations and SUP conditions
• Cannot advertise or take reservations without proper approvals
• Violation penalties apply

Tax Obligations

Local Requirements:

• Transient Occupancy Tax registration and remittance
• City's Food and Beverage Tax (if serving food/beverages)

State Requirements:

• Virginia State Sales Tax registration and remittance
• Some online platforms (Airbnb, VRBO) collect and remit state sales tax automatically

Rockingham County Requirements (for properties outside Harrisonburg city limits):

• 5% Transient Occupancy Tax on gross rent
• Collected quarterly with return filing
• Contact County Commissioner of Revenue at 540-564-3073

Violations and Penalties

Civil Penalties (per Section 10-3-13 of Zoning Ordinance):

• First offense: $100
• Second offense: $200
• Each subsequent offense: $500
• If civil penalties total $5,000, violation may be prosecuted as criminal misdemeanor

Common Violations:

• Operating without required SUP
• Violating SUP conditions
• Advertising without approved SUP
• Exceeding guest limits or night restrictions
• Parking violations

Contact Information for Local Authorities

Primary Contact: Planning & Zoning Division

Department of Community Development

• Phone: 540-432-7700
• Address: 409 South Main Street, 2nd Floor, Harrisonburg, VA 22801
• Responsible for: Zoning questions, Special Use Permit applications, STR compliance, violation reports

Building Inspections Division

Department of Community Development

• Phone: 540-432-7700
• Address: 409 South Main Street, 2nd Floor, Harrisonburg, VA 22801
• Responsible for: Building code questions, inspections, safety compliance

Commissioner of Revenue's Office

For Business Licenses and Transient Occupancy Tax

• Phone: 540-432-7704 (general business license questions)
• Phone: 540-432-7795 (food and beverage tax questions)
• Responsible for: Business license issuance, transient occupancy tax registration

Rockingham County Authorities

Commissioner of the Revenue

• Phone: 540-564-3073
• Address: 20 East Gay Street, Harrisonburg, VA 22802
• Responsible for: County-level transient occupancy tax for properties outside Harrisonburg city

City of Harrisonburg General Information

• Main Number: 540-432-7701
• City Hall Address: 409 South Main Street, Harrisonburg, VA 22801

Source Links

Primary Harrisonburg City Resources:

• Short-Term Rentals Main Page
• Short-Term Rentals FAQ
• Annual Registration Form
• STR Pre-Operation Form
• Permitting Web Portal
• Harrisonburg Zoning Ordinance - Article DD

Tax and Licensing Resources:

• Business License Information
• Transient Occupancy Tax Information
• Virginia Department of Taxation - Sales Tax
• Virginia Department of Health Lodging Permits

Rockingham County Resources:

• County Transient Occupancy Tax Notice
• County Commissioner of Revenue

Historical and Market Context:

• Harrisonburg Housing Today - 2017 STR Legality Analysis
• Valley Realty Associates - STR Market Analysis

Virginia State Code References:

• State Code Section 15.2-983
• Virginia Uniform Statewide Building Code
• Virginia Statewide Fire Prevention Code

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This guide provides comprehensive information for STR investors operating within Harrisonburg city limits. Properties located in Rockingham County but outside Harrisonburg city limits may have different requirements and should contact county authorities directly for specific regulations.