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

1 opens by stating its purpose: keeping the "single-family character" of a lot intact while letting a homeowner add a subordinate second unit. That purpose drives subsection (1), the owner-occupancy rule: the property owner must occupy either the principal dwelling or the accessory dwelling unit as their primary residence. An owner cannot build an ADU and rent out both units to non-owner tenants; one of the two must house the person who owns the property. 1 builds around that core requirement: only one ADU is allowed per lot (subsection 4), it can be a detached accessory building or attached to the side or rear of the principal structure with its own entrance (subsection 2), it is capped at the lesser of 800 square feet or the footprint of the principal structure's first floor (subsection 5), and it cannot exceed the height of the principal structure or one and one-half stories (subsection 6).

The underlying parcel must be at least 5,000 square feet (subsection 7), and the ADU may cover no more than 30 percent of the required rear yard (subsection 8). Because these are zoning-ordinance standards administered under Article V, a property found out of compliance, including a lot where neither unit is owner-occupied, is handled through the zoning administrator's standard enforcement process in § 45-3501: a written notice of violation with a minimum three-day cure period, followed by a summons and civil penalties of up to $200 for an initial violation and up to $500 for each additional one if the noncompliance continues.