Overview: Are Short‑Term Rentals Allowed in Winchester, VA?

• Yes. Short‑term rentals (STRs) are allowed in the City of Winchester, Virginia, subject to specific zoning permits, safety standards, occupancy and room limits, and taxation/registration requirements. The City differentiates STRs from “homeshares” (owner‑occupied accessory rentals) and has adopted detailed regulations in Zoning Ordinance Section 18‑29.
• Winchester also allows short‑term rentals in certain commercial districts with conditional use permits (e.g., 13‑1‑3.18.b references STRs subject to Section 18‑29), in addition to the standard residential allowances via 18‑29.
• In the surrounding Frederick County (outside Winchester City), short‑term lodging (STL) is permitted by‑right in several districts with an administrative permit and a business license, under separate county rules summarized at the end of this guide.

How to Start a Short‑Term Rental Business in Winchester

1. Confirm eligibility:
   • STR vs. homeshare distinction:
     • Homeshare: owner must occupy the dwelling as their primary residence; accessory use.
     • Short‑term rental: may be non‑owner‑occupied; governed by Section 18‑29 requirements.
   • Permitted structure types: single‑family homes and townhouses only (multifamily structures are excluded).
   • Zoning compliance: STRs are permitted subject to Section 18‑29 across multiple residential zoning districts; in some districts (e.g., MR, HR, HR‑1, B‑2, RO‑1), operators must use the property as their primary residence; in B‑1 and RB‑1 commercial districts, STRs are allowed subject to additional limits and possibly a conditional use permit.
2. Apply for and obtain:
   • A Zoning Use Permit (Section 18‑1) specifically for STRs before commencing operations. Permits are non‑transferable.
   • A business license from the Commissioner of the Revenue; complete all registration, filing, and taxation requirements.
3. Install and maintain safety equipment:
   • Fire extinguisher in all kitchen/cooking areas.
   • Smoke detectors in all locations required by the Virginia Uniform Statewide Building Code.
   • Carbon monoxide detector on each floor of every dwelling.
4. Post emergency information inside the property, including contact details for the responsible party.
5. Submit a property management plan to the Zoning Administrator detailing how you will handle neighborhood complaints, trash collection/removal, and noise control.
6. Maintain compliance:
   • Off‑street parking must be available unless an exemption/reduction per Section 18‑6‑6 applies.
   • Comply with noise regulations in Winchester City Code Chapter 17.
   • Allow City inspection at least once per calendar year upon reasonable written notice.
   • Keep an annual ledger of stays and charges; provide to the Commissioner of the Revenue and the Zoning Administrator each year.
   • Observe marketing/operations restrictions (no weddings, receptions, or other events; no food prepared for guests).
   • Observe occupancy, room, and booking rules based on your zoning district.

Required Documents, Permits, Licenses, and Guidelines

• Zoning Use Permit (Section 18‑1) for short‑term rentals (non‑transferable).
• Short‑Term Rental/Homeshare Supplemental Application (City form).
• Proof of primary residence for operator (if homeshare or in districts requiring primary residence).
• Safety compliance documentation/verification:
  • Fire extinguisher, smoke detectors, and carbon monoxide detectors installed per code.
• Property management plan (complaints, trash, noise).
• Business license approval from the Commissioner of the Revenue; ongoing taxation/registration compliance.
• Annual ledger of rental dates and charges; provide to City authorities.
• Emergency information posted on‑site.
• Responsible party contact established for immediate response to issues.

Specific Regulations for Short‑Term Rentals in Winchester (City)

Key definitions:

• Short‑Term Rental (STR): provision of rooms or space suitable for occupancy for dwelling/sleeping/lodging for 30 or fewer consecutive days in exchange for compensation.
• Homeshare: dwelling unit in which rooms are offered for 30 days or less by an owner who utilizes and occupies the dwelling as their principal residence; no food may be prepared for guests.
• Primary Residence: minimum 183 days per year, with official government documentation (e.g., driver’s license, voter registration, or passport) showing the property address.

Use authorization:

• STRs are permitted subject to Section 18‑29 across numerous zoning districts (e.g., R‑1, R‑2, R‑3, R‑4, MR, HR, HR‑1, B‑2, RO‑1, B‑1, RB‑1, etc.).
• In several residential/commercial districts (LR, MR, HR, HR‑1, B‑2, RO‑1), operators must use the dwelling as their primary residence.
• In B‑1 and RB‑1, additional commercial‑district rules apply (see below).
• Multifamily structures are excluded; only single‑family homes and townhouses are eligible for STRs.

General operating standards (apply to all STRs unless superseded by district‑specific rules):

• Permits: Zoning Use Permit required (Section 18‑1); permit is non‑transferable.
• Safety: Fire extinguisher in all kitchens; smoke detectors per Uniform Statewide Building Code; CO detector on each floor.
• Signage: No exterior signage.
• Taxes/registration: Full compliance with Commissioner of the Revenue and Treasurer’s requirements.
• Parking: Off‑street parking must be available, unless an exemption/reduction per Section 18‑6‑6 applies.
• Noise: Must comply with Chapter 17 noise/sound regulations at all times.
• Inspections: Applicant authorizes at least one annual inspection upon reasonable written notice.
• Management plan: Required addressing complaints, trash, and noise.
• Prohibited uses: No weddings, receptions, or other events; no food prepared for/served to guests.
• Ownership signature: Owner (or controlling LLC owner) must sign the application.
• Subleasing: Strictly prohibited.
• Responsible party: Operator must identify a party immediately available to respond to issues.
• Emergency posting: Required inside the property.
• Structure type: Only single‑family homes and townhouses allowed.
• Annual ledger: Maintain records of dates and charges; submit annually to the Commissioner of the Revenue and Zoning Administrator.
• Occupancy limit (general): 2 adults per available sleeping room, max 9 adults total; children unlimited; Building Code may further limit occupancy; double booking prohibited.
• Sleeping room cap (B‑1 and RB‑1): Maximum of 5 sleeping rooms.

District‑specific additional regulations:

• LR, MR, HR, HR‑1, B‑2, RO‑1:
  • Operator must occupy the property as their primary residence (provide acceptable proof).
  • Annual rental cap: STRs may be rented out for a maximum of 45 days per year.
  • Occupancy: Bound by the Zoning Ordinance’s family/occupancy definition (Section 1‑2‑36).
• B‑1 and RB‑1:
  • Sleeping rooms limited to a maximum of 5; structures with >5 bedrooms are prohibited from operating an STR.
  • Occupancy: May exceed the general family definition; total adult renters limited to 2 per sleeping room, max 9 adults total (children unlimited). Building Code may further limit occupancy; double booking not allowed.

Enforcement and penalties:

• Permit revocation:
  • Three or more substantiated complaints within a calendar year; or
  • Failure to maintain compliance with regulations.
• Civil penalties:
  • Initial fine of $200 for any violation; violations are deemed a first violation under Article 21‑3(A).
• Conditions voiding approvals:
  • If a structure loses its status as a primary residence (where required), prior STR approvals are void.

Contact Information (Winchester City)

• Zoning Administrator/Community Development Department
  • Address: Rouss City Hall, 15 North Cameron Street, Winchester, VA 22601
  • Phone: (540) 667‑1815
  • Fax: (540) 722‑3618
  • TDD: (540) 722‑0782
  • Website: www.winchesterva.gov
• Commissioner of the Revenue
  • Phone: (540) 667‑1815 (general city number for routing)
  • Note: Confirm direct line for business licensing at city level if needed.
• Treasurer’s Office
  • Phone: (540) 667‑1815 (general city number for routing)

Nearby Jurisdiction: Frederick County (Short‑Term Lodging)

• Allowability: Frederick County permits short‑term lodging (STL) by‑right in RA, RP, and MH1 districts with an administrative permit and a business license.
• Definitions: Any occupancy of all or part of a dwelling or manufactured home for 30 days or less.
• Ineligible structures: Campers, tents, yurts, or structures lacking a certificate of occupancy or failing the building code definition of a dwelling.
• Permit requirements:
  • STL Administrative Permit (Planning & Development; fee $200).
  • Business license (Commissioner of the Revenue).
• Operating limits:
  • Max 10 unrelated lodgers per night (fewer if Building Code requires).
  • Maximum 5 guestrooms.
  • One rental contract per night; all lodgers must be under the same contract.
• Safety and operational standards:
  • Must be available for inspection and comply with Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations.
  • Working multi‑purpose fire extinguisher; smoke detectors; CO detectors (if fireplace/gas service).
  • Exit pathway plan posted in each sleeping room.
  • At least two designated off‑street parking spaces for lodgers.
  • Special events prohibited.
• Contacts:
  • Planning & Development (STL permits): (540) 665‑5651.
  • Commissioner of the Revenue (business license): (540) 665‑5681.
  • Address: 107 N. Kent St., Winchester, VA 22601; Phone: (540) 665‑5600.

Links to Source Pages

• TA‑21‑361 Final Short‑Term Rentals Ordinance (Winchester Zoning Ordinance amendments): winchesterva.civicweb.net/document/34460/TA-21-361%20Short%20Term%20Rentals%20Ordinance%20Final.pdf?handle=8C02939BFF0C4341A445B7E55E3A9CFC
• Winchester Homeshare/Short‑Term Rental Application (Supplemental Form): www.winchesterva.gov/files/assets/public/v/1/community-development/zoning/short-term-rental-homeshare-application.pdf
• Frederick County Short‑Term Lodging (STL) guidance: www.fcva.us/departments/planning-development/transportation/short-term-lodging
• TA‑21‑361 Initiating Resolution (Planning Commission): winchesterva.civicweb.net/document/31681/TA-21-361%20Short%20Term%20Rentals%20Ordinance.pdf?handle=41D9637784AE4E7FBBA2978FE2352F76

Notes:

• If your property is within Winchester City limits, city zoning and STR rules govern; if outside the City but within Frederick County, county STL rules apply. Always verify with the relevant jurisdiction before finalizing compliance steps.