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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Roanoke County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No. Section 30-82-1(B)4 requires the owner of the property to reside on the premises as a condition of having an accessory apartment, so an absentee owner renting both units is not permitted under this by-right allowance.
How many accessory apartments can one lot have?
Only one. Section 30-82-1(B)4 limits any single lot or parcel to one accessory apartment regardless of lot size or zoning district.
Does the owner-occupancy rule apply if the apartment is in a detached garage?
Yes. The condition is part of the general standards in § 30-82-1(B), which apply to an accessory apartment whether it sits in the principal structure or in a qualifying accessory structure on the same lot.

Sources & Official References

Other rules in Roanoke County

All Roanoke County rules

Compare Roanoke County to another location·View the Virginia accessory structures overview

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