Virginia Beach, VA Accessory Structures: ADU Permits (2026)

Virginia Beach regulates accessory dwelling units through the City Zoning Ordinance (CZO), administered by the Planning Department. The Virginia Code at §15.2-2280 grants municipalities broad zoning authority but does not preempt local ADU rules — Virginia is not a 'ministerial ADU' state like California or Oregon. Under the CZO, accessory dwelling units (sometimes called 'family care units,' 'guest houses,' or 'in-law apartments' depending on district) are permitted in certain residential districts subject to limits including: minimum lot size that varies by district (typically 12,000 to 20,000 sq ft for an ADU); maximum ADU floor area generally not exceeding 800 sq ft or 35% of the principal dwelling; maximum height not exceeding the principal dwelling; conditional use approval by the Planning Commission and City Council in many districts; rear and side setbacks matching the principal dwelling district rules; and parking requirements (typically 1 additional space). Construction must comply with the 2021 Virginia Uniform Statewide Building Code (USBC), based on the 2018 IRC with Virginia amendments, including coastal high-wind design (140 mph Vult for parts of VB per ASCE 7) and FEMA flood plain requirements in V/A/X zones — much of Virginia Beach is within the Hurricane Evacuation Zone and FEMA Special Flood Hazard Area. Permits are issued by Permits and Inspections.