Fauquier supervisors adopt new short-term rental rules, create administrative permit pathway
Summary
Fauquier County adopted a zoning text amendment creating distinct rules and an administrative-permit option for short-term rentals, including operator residency rules, occupancy limits tied to septic/CO permits, neighbor notice and registration requirements; the board approved the ordinance 5-0.
Fauquier County’s Board of Supervisors on Sept. 12 adopted a zoning text amendment that establishes a new category and standards for short-term rentals (STRs), moving some approvals to an administrative-permit process while retaining special-permit review when standards are not met.
Planning staff told the board the ordinance creates an STR category in the Conservation Agriculture, Village Commercial Neighborhood and selected residential districts and would allow administrative permits when applicants meet proposed standards. Those standards include: the operator lives on the property at least 183 days a year or designates a manager within two miles; direct access to a public street or proof that a private access meets fire apparatus road standards; advance notice to neighbors and a 30-day notice to the zoning administrator; occupancy limited by the on-site sewage disposal permit and certificate of occupancy with a maximum of 10 guests; designated on-site parking; fire-protection features and an evacuation plan; and a requirement that operators register with the Commissioner of Revenue.
One public commenter, Wayne Berg, who identified himself as a legal tourist-home operator on Springs Road, urged the board to grandfather existing lawful operators during the transition so they are not held to new standards retroactively. Planning staff and the county attorney confirmed that operators legally established with appropriate permits are vested and would be grandfathered.
The board discussed administrative review, revisit mechanisms for applicants who encounter issues, and enforcement measures. Supervisor comments praised staff work on the ordinance and supported moving toward an administrative process. The board voted to adopt the amendment unanimously.
The ordinance establishes procedures for permit renewals and allows applicants who fail to meet administrative standards the opportunity to seek a special permit from the Board of Supervisors. Implementation steps include a registration requirement with the Commissioner of Revenue and renewal verifications to confirm standards continue to be met.
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