Hampton, VA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Owner occupancy
- Required, house or ADU
- Both units rented at once
- Prohibited
- ADU as short-term rental
- Prohibited
- Separate sale of ADU
- Prohibited
Summary
Hampton requires the property owner to live on-site in either the house or the ADU, bars renting out both units at once, and bans using an ADU as a short-term rental.
A property owner shall reside on the property, either in the principal dwelling or in the ADU. For the purposes of this section, "reside" means to occupy the dwelling as the owner's primary residence. In no case may both a principal dwelling and an ADU be advertised or offered for rent to the public. For the purpose of this section only, the term "property owner" means a person vested with the fee ownership or legal title to the property (or, if the owner is a trust or an estate, a beneficiary thereof who is a natural person), but not a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, or lessee.8.An ADU shall not be used as a short-term rental.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Hampton Zoning Ordinance § 1-37(7)-(8), added by Ord. No. Z25-0002 and operative as amended through November 2025, requires the property owner to reside on the lot, either in the principal dwelling or the ADU, as a primary residence. Neither dwelling may be advertised or offered for rent to the public while the other is also being rented -- both units cannot be rented out simultaneously. Separately, § 1-37(8) flatly bars using an ADU as a short-term rental, and § 1-37(9) prohibits subdividing an ADU from the principal dwelling's ownership.
Violations & Fines
Advertising or renting both the principal dwelling and ADU simultaneously, failing to reside on-site, or operating an ADU as a short-term rental violates the zoning administrator permit conditions and can result in permit revocation under § 1-37(13).
Frequently Asked Questions
Can I rent out my house and my ADU at the same time in Hampton?
Can a Hampton ADU be used as an Airbnb?
Sources & Official References
Other rules in Hampton
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