A Guide to Short Term Rentals

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What is a Short-Term Rental (STR)? The provision of a dwelling, room or space that is suitable and intended for occupancy for dwelling, sleeping or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a payment or a charge for the occupancy.

What is a STR operator? The proprietor of any dwelling, lodging or sleeping accommodations offered as a short-term rental, whether in the capacity of the owner, lessee, sublessee, mortgagee in possession, licensee, management agent or any other possessory capacity.

Are STRs allowed in Lancaster County? YES. The Lancaster County Board of Supervisors adopted an ordinance allowing short-term rentals in Lancaster County. Part I, Article 29 – Short-Term Rental Regulations, of the Zoning Ordinance, as amended, was adopted September 28, 2023 and amended July 25, 2024.

In addition, pursuant to Section 15.2-983 and Section 58.1-3819 of the Code of Virginia, 1950, as amended, the Lancaster County Board of Supervisors adopted ordinances requiring all STR properties to: 1) Register annually and pay an annual $50 fee (as applicable), and 2) Pay a 2% Occupancy Tax monthly for lodging revenues received. Chapter 62, Article X – Short-Term Rental Registry Ordinance, as amended, and Chapter 18, Article I, Section 18-2 – Transient Occupancy Tax Ordinance, as amended, were adopted on September 27, 2018.

What types of STRs are allowed? Lancaster County allows “unhosted” STRs – meaning the property owner/operator will not be simultaneously using the property as a primary residence; and, also allows “hosted” STRs – meaning the property owner/operator will be simultaneously using the property as a primary residence.

What Zoning Districts are STRs allowed?

District A-2 Agriculture, General
District R-1, Residential, General
District R-3, Residential, Medium General
District R-4, Residential, Community

**STRs are allowed in any of the above zoning districts even if the zoning district is also subject to District W-1, Waterfront Residential Overlay**

My property is located in an incorporated town (i.e. White Stone, Kilmarnock or Irvington). Do I need to get approval from Lancaster County to operate a STR? NO. If your property is governed by town zoning, you must contact the town government to request information on how to operate a STR within town limits. Each town has their own set of STR ordinances that govern STR operations within town limits.

Can I operate a STR in a Homeowners Association or Condo Association? MAYBE. Please check with your community’s association board and the community’s governing documents to confirm the association allows the operation of STRs. If so, the association may have their own set of regulations and approval process. Lancaster County’s STR ordinance DOES NOT supersede a homeowner’s association or condo association. County approval to operate a STR DOES NOT override a decision made by your homeowner’s association or condo association.

Complaints/Comments. If you are having a problem with a property that is operating as an STR or suspect a violation of the STR ordinance, first reach out to the property owner and/or STR operator to resolve the issue. If you can’t resolve the issue with the property owner and/or STR operator you may submit a written complaint to the Department of Planning & Land Use at 8311 Mary Ball Road, Lancaster, VA 22503. Please provide a detailed description of the issue or suspected violation and an accurate property address. A member of staff will investigate the issue and determine any action to be taken. All complaints and comments will be retained and cataloged within the County internal records.

What type of approval/permitting do I need to operate a STR in Lancaster County? An "unhosted" STR requires a special exception permit approved by the Board of Supervisors; and, an "hosted" STR requires administrative approval from the Planning and Land Use Department. Please click the below link for a step-by-step guide to obtain the appropriate approval/permitting to operate a STR in Lancaster County.