Hampton, VA Accessory Structures: ADU Owner Occupancy (2026)

Under Hampton's ADU ordinance, the property owner must reside on the lot, occupying either the principal dwelling or the accessory dwelling unit as a primary residence, for the ADU permit to stay valid. The code is explicit that in no case may both the principal dwelling and the ADU be advertised or offered for rent to the public at the same time, closing the door on using an ADU permit to create a fully rented duplex. 'Property owner' is defined narrowly as someone holding fee ownership or legal title (or, for a trust or estate, a natural-person beneficiary), a mortgagee, vendee in possession, receiver, executor, trustee, or lessee does not qualify. The zoning administrator can revoke the ADU permit if this condition is violated.