Virginia Beach, VA Accessory Structures: ADU Owner Occupancy (2026)

Virginia Beach's City Zoning Ordinance includes owner-occupancy as a standard condition on Conditional Use Permits for accessory dwelling units, family care units, and guest houses. The property owner must occupy either the principal dwelling or the ADU as their primary residence. Documentation typically required: (1) a notarized affidavit of owner-occupancy filed with the building permit application; (2) recordation of a deed restriction or covenant with the Virginia Beach Circuit Court Clerk's Office binding the property to the owner-occupancy requirement before the certificate of occupancy is issued; (3) the address must be the owner's primary residence for property tax purposes — Virginia Beach does not have a homestead exemption equivalent to other states, but real estate tax records will reflect primary residency. Virginia has no statewide preemption of ADU owner-occupancy requirements; Va. Code §15.2-2280 leaves the question to localities. The owner-occupancy rule means only one of the two units may be rented to a non-owner at any given time. If the owner ceases to occupy either unit, the ADU loses its legal status and the CZO Conditional Use Permit may be revoked. The Property Owners' Association Act (Va. Code §55.1-1800 et seq.) and Condominium Act (Va. Code §55.1-1900 et seq.) may impose additional HOA-level owner-occupancy rules.