Hanover County, VA Accessory Structures: ADU Owner Occupancy (2026)

Section 26-280(a)(6) of the Zoning Ordinance flatly states that the owner or owners of the property must reside on the property where the accessory housing unit is located. This sits among the general standards applicable to every accessory housing unit in the county, alongside the one-unit-per-lot cap, the twenty-five percent size limit tied to the main dwelling, the two-bedroom maximum, and the requirement for two additional off-street parking spaces. Because the rule is written as a standard applicable to the property rather than to a specific occupancy category, it applies whether the accessory unit will house a family member under the subsection (b) special exception process or is used for medical hardship care under subsection (c); in either case, the underlying owner-occupancy condition in subsection (a)(6) still has to be satisfied for the unit to remain lawful.

The Zoning Administrator verifies this condition when reviewing an application for a permit or special exception, and it is one of the general requirements a site must meet under subsection (a)(8) before the county will issue, renew, or extend approval for an accessory housing unit. If ownership of the property changes and the new owner does not reside there, the accessory housing unit's continued use falls out of compliance with this standard. The rule was carried through the most recent amendment to Section 26-280, Ord. No. 25-10, Section 6, effective August 27, 2025.