Because Chesapeake does not have a by-right ADU ordinance, owner-occupancy is governed case-by-case through conditional use permits or rezoning conditions. The Virginia Code section 15.2-2292.1 program for Temporary Family Health Care Structures expressly requires the caregiver-occupant relationship. Any conditional use permit allowing an accessory dwelling typically imposes owner-occupancy and caretaker conditions through Article 14 and the staff report process.
Chesapeake's Zoning Ordinance Article 14 contemplates accessory uses subordinate to a principal single-family dwelling. The Virginia state framework for Temporary Family Health Care Structures, codified at Virginia Code section 15.2-2292.1, requires the property to be owned or occupied by the adult who provides the care, effectively imposing an owner- or caregiver-occupancy requirement. Where a property owner seeks an accessory dwelling through conditional use permit, rezoning, or BZA action, owner-occupancy conditions and caretaker family relationships are commonly imposed through the staff report and City Council conditions. Unlike Arizona under HB 2720 or California under SB 9 and AB 1033, Virginia has not adopted statewide preemption removing owner-occupancy from local ADU ordinances. The Chesapeake Planning Commission and City Council retain broad discretion over conditions of approval for any non-standard residential use under Virginia Code section 15.2-2280.
Violating a conditional use permit's owner-occupancy condition is a zoning violation under Chesapeake's Zoning Ordinance and Virginia Code section 15.2-2209, with daily civil penalties and possible revocation of the conditional use permit. A Temporary Family Health Care Structure used outside its statutory caregiving purpose loses its protected status. Renting an unauthorized second dwelling violates zoning and may result in eviction proceedings against tenants and enforcement against the property owner.
Chesapeake, VA
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Chesapeake, VA
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Chesapeake, VA
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