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

Under the Norfolk Zoning Ordinance ADU provisions adopted in the 2018 rewrite, the property owner must occupy either the principal dwelling unit or the ADU as their principal residence. This owner-occupancy condition is recorded in the ADU zoning approval and runs with the property. Pure investor ADUs — where the owner does not live on-site and rents both units to different tenants — are not allowed. The owner-occupancy rule is consistent with Virginia's broad municipal zoning authority under Va. Code §15.2-2280; Virginia has not enacted statewide ADU preemption legislation (unlike California's AB 671, Oregon's HB 2001, or Idaho's §67-6511A), so localities retain authority to impose owner-occupancy. Documentation typically required: homestead exemption status, driver's license address, voter registration, and utility bills tying the owner to the property. Short-term absences (sabbatical, military deployment, medical care) do not normally trigger violation; long-term absence (more than 6-12 months depending on enforcement) raises compliance concerns. Norfolk is a Navy town with significant active-duty population, and the Codes Administration has shown reasonable flexibility for deployed owners who maintain Norfolk as their official residence. HOAs and condominium associations may impose additional owner-occupancy requirements through their declarations under Va. Code §55.1-1800 (Property Owners' Association Act) and §55.1-1900 (Condominium Act).