Newport News, VA Accessory Structures: ADU Owner Occupancy (2026)

Chapter 45 of the Newport News City Code (Zoning Ordinance) treats accessory uses as subordinate to a principal single-family dwelling, and the City Council and Planning Commission have broad discretion over conditions of approval under Virginia Code section 15.2-2280. 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 Newport News property owner seeks an accessory dwelling through rezoning or a special use permit, owner-occupancy conditions and family-relationship limits 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 General Assembly has continued to allow local discretion in this area, with study activity through 2024 and 2025. Newport News retains the ability to impose owner-occupancy conditions on any case-by-case ADU approval.