Overview: Are STRs Allowed in Williamsburg, VA?

Short-term rentals (defined as stays of fewer than 30 days) are allowed in the City of Williamsburg only under specific, restrictive conditions. The City requires owner-occupied single-family detached dwellings, limits rentals to one room in the principal residence, caps stays at no more than 104 nights per calendar year, and mandates approval through the Board of Zoning Appeals via a special exception. Additional rules include occupancy limits, recordkeeping, prohibition of visible exterior evidence of rental activity, and bans on event rentals and the furnishing of meals.

In the surrounding James City County (JCC), short-term rentals are also permitted in many zoning districts—but the classification and requirements differ. County zoning distinguishes between “Rental of Rooms” and “Tourist Home” uses, with “Tourist Home” allowing rental of an entire dwelling to transients. Depending on the district, these uses may be permitted outright or require a Special Use Permit (SUP). JCC also requires a business license and monthly filing of State Sales Taxes and County Lodging Taxes, along with a building permit and updated Certificate of Occupancy.

Across Virginia, hosts must manage state-level tax obligations and comply with local codes. Virginia does not issue a statewide short-term rental permit; compliance is driven by city and county ordinances and tax rules.

How to Start a Short-Term Rental Business in This Market

City of Williamsburg (Primary Steps)

1. Confirm eligibility:
   • Owner-occupied, single-family detached dwelling.
   • Owner physically present during all rental periods.
   • Only one room in the principal dwelling may be rented.
2. Apply for a Special Exception:
   • Submit a Board of Zoning Appeals (BZA) application with a filing fee (commonly $300).
   • File the Board of Zoning Appeals Application and prepare supporting documents per the City’s checklist.
3. Building safety and compliance:
   • After BZA approval, obtain any required permits and an updated Certificate of Occupancy.
4. Operational constraints:
   • Nightly cap: not more than 104 nights per calendar year.
   • Occupancy: maximum two transient visitors per room (excluding minor children), subject to the Uniform Statewide Building Code.
   • Prohibited: event rentals; furnishing of meals; visible exterior evidence of short-term rental activity.
   • Keep a two-year guest register (names, addresses, dates) and make it available to the Zoning Administrator upon written request.
   • Outdoor burning must comply with Chapter 5 of the Williamsburg City Code.
5. Business licensing and taxes:
   • Business licensing may be required prior to operating; consult the City’s Business Licenses resource. Collect and remit any applicable State Sales Tax and local lodging taxes; monthly filings are typical in the region.

James City County (Primary Steps)

1. Classify your intended use:
   • Rental of Rooms: homeowner lives in the house; rental of one to three rooms typically allowed (one room often permitted by-right; two or three rooms often require SUP depending on district).
   • Tourist Home: entire dwelling can be rented to transients; often permitted in commercial and mixed-use districts, and some residential districts, subject to zoning.
2. Determine zoning requirements:
   • Use the County’s zoning matrix to confirm if your use is permitted or requires an SUP in your district.
3. If an SUP is needed:
   • The application goes to the Planning Commission for review and recommendation, with a final decision by the Board of Supervisors. Applications are filed via PermitLink.
4. Building and occupancy:
   • Obtain any necessary permits and an updated Certificate of Occupancy from Building Safety and Permits.
5. Business license and taxes:
   • Obtain a business license from the Commissioner of the Revenue.
   • File monthly State Sales Taxes and James City County Lodging Taxes.
6. Comprehensive Plan guidance:
   • New SUP applications should align with the County’s 2045 Comprehensive Plan standards: located on lands designated Rural Lands, Neighborhood Commercial, Community Commercial, Mixed Use, or Economic Opportunity; ideally on the edge or corner of a subdivision; on a major road; and operated by the property owner who continues to reside on-site during rentals. Staff generally cannot recommend SUP approval without meeting all four standards.

Required Documents, Permits, Licenses, and Guidelines

City of Williamsburg Documents and Permits

• Board of Zoning Appeals Application (with filing fee; commonly $300).
• Short-Term Rental Application (PDF).
• Short-Term Rental Checklist (PDF).
• Short-Term Rental Title Certificate (PDF).
• Floor plan to scale (11” x 17” or smaller), showing locations of fully functioning smoke and carbon monoxide detectors.
• Survey plat or drawing to scale showing all existing structures, curb cuts, and on/off-street parking.
• Evidence of ownership per Zoning Ordinance Section 21-605.2(d).
• Copy of general liability insurance (minimum $500,000).
• Property management plan.
• HOA/POA written confirmation that short-term rentals are permitted (if located in a subdivision governed by a homeowners’ or property owners’ association).
• Updated Certificate of Occupancy after approvals.
• Compliance with City Ordinance (PDF) and relevant sections of the Williamsburg City Code (e.g., outdoor burning).

James City County Documents and Permits

• Business license application through the Commissioner of the Revenue.
• If required, Special Use Permit (SUP) application (legislative process with Planning Commission review and Board of Supervisors decision).
• Updated Certificate of Occupancy from Building Safety and Permits.
• Zoning verification and district-specific compliance (confirm via Property Information tool).
• Monthly filings: State Sales Taxes and James City County Lodging Taxes.
• Alignment with the County’s 2045 Comprehensive Plan standards for SUPs.

Specific Regulations for Short-Term Rentals

City of Williamsburg Rules (Highlights)

• Owner-occupied, single-family detached dwellings only.
• Owner must be physically present during any rental period.
• Only one room in the principal dwelling may be rented.
• Occupancy: maximum two transient visitors per room; minor children may be excluded from the count unless reduced by the Uniform Statewide Building Code (USBC) or other laws.
• Nightly cap: not more than 104 nights per calendar year.
• Guest repeat limit: a transient visitor may not occupy for more than 30 days in a calendar year.
• Prohibited: event rentals; furnishing of meals.
• No visible exterior evidence of the conduct of a short-term rental.
• Recordkeeping: maintain a two-year guest register (names, addresses, dates) and provide it to the Zoning Administrator upon written request.
• Safety: outdoor burning must comply with Chapter 5 of the Williamsburg City Code.
• Permitting: special exception approval from the Board of Zoning Appeals is required.

James City County Zoning (Summary by District)

• Economic Opportunity (EO): Rental of Rooms – Permitted; Tourist Home – Permitted.
• General Agricultural (A-1): Rental of Rooms – SUP; Tourist Home – SUP.
• General Business (B-1): Rental of Rooms – Not Permitted; Tourist Home – Permitted.
• Industrial (M-1, M-2): Neither use permitted.
• Limited Business (LB): Rental of Rooms – Not Permitted; Tourist Home – Permitted.
• Mixed Use (MU): Rental of Rooms – Permitted; more than three rooms in a single-family dwelling – SUP; Tourist Home – Permitted.
• Planned Unit Development (PUD): Neither use permitted.
• Public Lands (PL): Neither use permitted.
• Research & Technology (RT): Neither use permitted.
• Limited Residential (R-1): Rental of Rooms – SUP; Tourist Home – Not Permitted.
• General Residential (R-2): Rental of Rooms – SUP; Tourist Home – SUP.
• Residential Redevelopment District (R-3): One room – Permitted; two or three rooms – SUP; Tourist Home – SUP.
• Residential Planned Community (R-4): Rental of Rooms – Permitted; Tourist Home – Permitted.
• Multifamily Residential District (R-5): One room – Permitted; two or three rooms – SUP; Tourist Home – Permitted.
• Low-Density Residential District (R-6): Rental of Rooms – SUP; Tourist Home – Not Permitted.
• Rural Residential (R-8): Rental of Rooms – SUP; Tourist Home – SUP.

Additional County Requirements:

• Business license required; monthly State Sales Taxes and County Lodging Taxes must be filed.
• Updated Certificate of Occupancy required for any short-term rental property.
• SUP applications should align with the 2045 Comprehensive Plan standards for approval (land designation, subdivision edge/corner, major road, owner-residency during rentals).

Virginia State-Level Obligations

• No statewide STR permit; local rules govern licensing, permitting, occupancy, and caps.
• State sales tax and local lodging/taxes typically apply to short-term stays; registration with the Virginia Department of Taxation may be required if platforms do not collect and remit automatically.
• Consult local codes for detailed requirements; state-level rules vary by locality.

Contacts and Authorities

City of Williamsburg

• Planning Department (for STR applications and zoning questions):
  • Phone: 757-220-6130
  • Email: planning@williamsburgva.gov
  • Physical Address: Municipal Building, 401 Lafayette Street, Williamsburg, VA 23185
• Board of Zoning Appeals (for special exception process):
  • Contact via Planning Department
• Business Licensing Resource:
  • Business Licenses resource page (City site)

James City County

• Community Development Department:
  • Director: Paul Holt
  • Phone: 757-253-6671
  • Physical Address: 101 Mounts Bay Road, Building A, Williamsburg, VA 23185
  • Mailing Address: PO Box 8784, Williamsburg, VA 23187
• Planning Department (for SUPs and zoning questions):
  • Phone: 757-253-6685
  • PermitLink portal for applications
• Commissioner of the Revenue (for business licenses):
  • Business Licenses page
• Property Information tool (for zoning verification)

Links to Source Pages

City of Williamsburg

• Short-Term Rentals / Airbnb – City of Williamsburg:
  • www.williamsburgva.gov/506/Short-Term-Rentals-Airbnb
• Short-Term Rental Checklist (PDF):
  • www.williamsburgva.gov/DocumentCenter/View/982/Short-Term-Rental-Checklist-PDF
• Short-Term Rental Application (PDF):
  • www.williamsburgva.gov/DocumentCenter/View/981/Short-Term-Rental-Application-PDF
• Short-Term Rental Title Certificate (PDF):
  • www.williamsburgva.gov/DocumentCenter/View/983/Short-Term-Rental-Title-Certificate-PDF
• City Ordinance (PDF):
  • www.williamsburgva.gov/DocumentCenter/View/984/City-Ordinance-PDF
• Business Licenses:
  • www.williamsburgva.gov/238/Business-Licenses-Taxes

James City County

• Short-Term Rentals – James City County:
  • www.jamescitycountyva.gov/3976/Short-Term-Rentals
• Special Use Permit:
  • www.jamescitycountyva.gov/434/Special-Use-Permit
• PermitLink (applications):
  • jamescitycountyva-energovweb.tylerhost.net/apps/selfservice#/home
• Business Licenses – Commissioner of the Revenue:
  • www.jamescitycountyva.gov/439/Business-Licenses
• Property Information (zoning):
  • property.jamescitycountyva.gov/JamesCity/
• 2045 Comprehensive Plan – Future Land Use Map (PDF):
  • www.jamescitycountyva.gov/DocumentCenter/View/27998/11-Future-Land-Use-Map-PDF

Practical Notes for Investors

• In Williamsburg, the strict caps (104 nights/year, owner-residency, single-room limit) significantly reduce yield potential compared to whole-home or multi-room rentals. Model returns accordingly.
• In James City County, “Tourist Home” is the more scalable model (entire home), but SUP requirements can add time and cost. Zoning district fit is critical.
• HOA restrictions in both jurisdictions can override zoning allowances; obtain written HOA confirmation early.
• Tax compliance is non-negotiable: register, collect, and remit state and local lodging taxes; maintain clean books to avoid penalties.
• Pre-application meetings with planning staff (especially in JCC) and a thorough review of the zoning matrix will de-risk your timeline and help target districts with straightforward approval paths.