Virginia Beach, VA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Where allowed
- R-40 Residential District only
- Who may occupy
- Owner's immediate family or employee
- Size cap
- 800 sq ft, one bedroom max
- Rental status
- Cannot be rented or leased
- Floor-area count
- Counts toward accessory-structure cap
Summary
Virginia Beach zoning permits a 'limited use accessory dwelling unit' only in the R-40 Residential District, and it may house only an immediate family member who owns the home or an on-premise employee: never an independent tenant.
Limited use accessory dwelling unit. A dwelling unit located on the same zoning lot as the principal dwelling unit which (i) shall only be occupied by a member(s) of the immediate family who currently reside in and are owners of the principal dwelling unit or an on premise employee, (ii) are only allowed in the R-40 Residential Zoning District as an accessory use ... (iv) shall not contain more than one (1) bedroom nor more than eight hundred (800) square feet of building floor area.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
The city's zoning ordinance defines and restricts the 'limited use accessory dwelling unit' as an accessory use permitted solely in the R-40 Residential District under Sec. 501(b)(1). Occupancy is limited to a member of the immediate family who currently resides in and owns the principal dwelling, or an on-premise employee such as a caretaker, childcare provider, landscaper, or chef. The unit cannot be rented, leased, or used for any other purpose, is capped at one bedroom and 800 square feet of floor area, and that floor area counts toward the lot's overall accessory-structure area cap. No comparable accessory dwelling unit is permitted in any other residential district.
Violations & Fines
Renting or leasing the unit, housing an occupant who is not immediate family or an on-premise employee, or building one outside the R-40 District violates the zoning ordinance; Planning Department Permits and Inspections enforces compliance through zoning citations.
Frequently Asked Questions
Can I build an accessory dwelling unit anywhere in Virginia Beach?
Can I rent out a limited use accessory dwelling unit?
Sources & Official References
Other rules in Virginia Beach
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