Roanoke County, VA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Apartments per lot
- 1 maximum
- Occupancy condition
- owner must reside on premises
- Entrance rule
- must preserve single-family appearance
- Sewage approval
- health dept sign-off required
- Penalty
- $10-$2,500/day misdemeanor, § 30-22
Summary
In Roanoke County, Virginia (outside the independent cities of Roanoke and Salem), a property with an accessory apartment isn't a rental-only setup: Code § 30-82-1(B)4 caps a lot to one accessory apartment and requires the owner of the property to actually live on the premises.
4.Only one (1) accessory apartment shall be allowed on any one (1) lot or parcel, and the owner of the property shall reside on the premises. ... 8.Health department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment.
Full Breakdown
Roanoke County ties its accessory-apartment allowance to owner-occupancy. Section 30-82-1(B)4 states plainly that only one accessory apartment is allowed on any one lot or parcel, and the owner of the property shall reside on the premises, so an investor cannot buy a house solely to run two rented units under this by-right accessory-apartment allowance. The rule sits alongside the apartment's other by-right conditions: § 30-82-1(B)5 requires that any exterior entrance to an apartment built inside the principal structure be arranged so the building still reads as a single-family dwelling from the street, protecting the same owner-occupied, single-family character the occupancy rule is built around.
Before the county issues the building permit, § 30-82-1(B)8 also requires health department approval of the apartment's sewage disposal method. Because the owner-occupancy condition is baked into the general standards in § 30-82-1(B), it applies whether the apartment sits inside the principal home or in a qualifying accessory structure on the lot, and it applies in every zoning district where the accessory apartment use type is permitted, including the C-1 and C-2 exception in § 30-82-1(C) for apartments paired with a civic, office, commercial or industrial use.
Violations & Fines
Adding a second accessory apartment to a lot, or renting out both the principal dwelling and the accessory apartment to two unrelated households with no owner living on site, violates § 30-82-1(B)4 and is enforced as a zoning misdemeanor under § 30-22: a fine of $10 to $2,500, with each day of continued noncompliance treated as a separate offense.
Frequently Asked Questions
Can I rent out both my house and an accessory apartment if I don't live there?
How many accessory apartments can one lot have?
Does the owner-occupancy rule apply if the apartment is in a detached garage?
Sources & Official References
Other rules in Roanoke County
Compare Roanoke County to another location·View the Virginia accessory structures overview
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