Short-Term Rental Allowance Overview

Short-term rentals are allowed in Williamsburg, VA, but with significant restrictions. The city permits short-term rentals only under very specific conditions that require approval from the Board of Zoning Appeals through a special exception request. These rentals are highly regulated and limited in scope compared to many other jurisdictions.

How to Start a Short-Term Rental Business in Williamsburg, VA

Starting a short-term rental in Williamsburg requires navigating both city-specific regulations and county/state requirements, depending on your property's location.

For City of Williamsburg Properties:

1. Obtain Board of Zoning Appeals Approval: Submit a special exception request with required documentation and $300 filing fee
2. Ensure Owner Occupancy: You must live in the property and be physically present during all rental periods
3. Obtain Business License: Contact the city for business licensing requirements
4. Secure Insurance: Obtain general liability insurance of at least $500,000
5. Prepare Property Management Plan: Develop and submit a comprehensive management plan
6. Get HOA/POA Approval: If applicable, obtain written confirmation from your homeowners association

For James City County Properties:

1. Determine Zoning Requirements: Check if your property zoning allows short-term rentals or requires a Special Use Permit (SUP)
2. Apply for Permits: Use JCC PermitLink system after registering for an account
3. Obtain Certificate of Occupancy: Get an updated certificate from Building Safety and Permits
4. Secure Business License: Contact the Commissioner of Revenue's office
5. Consider Conceptual Plan: Staff recommends applying for a conceptual plan before SUP applications

Required Documents, Permits, Licenses, and Guidelines

City of Williamsburg Requirements:

• Board of Zoning Appeals Application (typed or printed) with $300 filing fee
• Floor Plan to scale (11" x 17" or smaller) showing smoke and carbon monoxide detector locations
• Survey Plat or property drawing to scale including all structures, curb cuts, and parking spaces
• Evidence of Ownership as specified in Section 21-605.2(d) of the Zoning Ordinance
• General Liability Insurance minimum $500,000 coverage
• Property Management Plan
• HOA/POA Written Confirmation if property is in a governed subdivision
• Business License
• Guest Register maintained for two years with names, addresses, and rental dates

James City County Requirements:

• Special Use Permit (if required based on zoning)
• Certificate of Occupancy (updated)
• Business License from Commissioner of Revenue
• Tax Registration for State Sales Tax and County Lodging Tax

Specific Regulations for Short-Term Rentals

City of Williamsburg Regulations:

• Owner Occupancy Required: Must be owner-occupied single-family detached dwelling with owner physically present during rental periods
• Room Limitation: Only one room in the principal dwelling may be rented
• Guest Limits: Maximum two transient visitors per room (excluding minor children)
• Annual Limit: Maximum 104 nights per calendar year
• Guest Duration Limit: Same visitor cannot occupy for more than 30 days in any calendar year
• No External Evidence: No visible signs of short-term rental activity outside the property
• Prohibited Activities: Event rentals and meal service not permitted
• Record Keeping: Maintain guest register for two years (subject to inspection)
• Fire Safety: Outdoor burning must comply with Chapter 5 of Williamsburg City Code

James City County Regulations:

Regulations vary by zoning district. Key distinctions:

Tourist Home vs. Rental of Rooms:

• Tourist Home: Up to 5 rooms, can rent entire dwelling to transients
• Rental of Rooms: Owner must live in house, typically maximum 3 rooms

Zoning Requirements:

• Some districts permit short-term rentals by right
• Others require Special Use Permits
• Some districts prohibit short-term rentals entirely

Comprehensive Plan Standards (for SUP approval):

• Located on Rural Lands, Neighborhood Commercial, Community Commercial, Mixed Use, or Economic Opportunity designated lands
• Located on edge/corner of existing subdivisions rather than internal
• Located on major roads
• Owner must continue to reside on property during rentals

Virginia State Requirements:

• Sales Tax: 5.3% to 6% depending on locality
• Transient Occupancy Tax: Variable by jurisdiction
• Business Registration: May require LLC registration with Virginia State Corporation Commission

Contact Information for Local Authorities

City of Williamsburg:

• Department: Planning and Codes Compliance
• Email: planning@williamsburgva.gov
• Phone: 757-220-6130
• Website: www.williamsburgva.gov/506/Short-Term-Rentals-Airbnb
• Address: Municipal Building, 401 Lafayette Street, Williamsburg, VA 23185

James City County:

• Department: Community Development - Zoning
• Phone: 757-253-6685
• Email: Contact via website form
• Physical Address: 101 Mounts Bay Road, Building A, Williamsburg, VA 23185
• Mailing Address: PO Box 8784, Williamsburg, VA 23187
• Hours: Monday - Friday, 8 a.m. - 5 p.m.
• Online Portal: JCC PermitLink for applications

Director: Paul Holt, Community Development Director

Source Links

• City of Williamsburg STR Page: www.williamsburgva.gov/506/Short-Term-Rentals-Airbnb
• City of Williamsburg STR Checklist: www.williamsburgva.gov/DocumentCenter/View/982/Short-Term-Rental-Checklist-PDF
• James City County STR Information: www.jamescitycountyva.gov/3976/Short-Term-Rentals
• Williamsburg Zoning Ordinance: library.municode.com/va/williamsburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH21ZO_ARTIVSUDIRE_S21-606HOOC
• Virginia STR Overview: www.redawning.com/pm/post/virginia-short-term-rental-laws

The regulatory environment in Williamsburg is quite restrictive compared to many other markets, with the city requiring owner occupancy and limiting rentals to single rooms. James City County offers more flexibility depending on zoning, but still requires careful navigation of local requirements. Investors should carefully evaluate whether these restrictions align with their business model before proceeding.