Virginia Beach, VA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Allowed district
- R-40 Residential only
- Size cap
- 800 sq ft, 1 bedroom
- Renting/leasing
- Expressly prohibited
- Eligible occupants
- Family member or on-premise employee
Summary
Virginia Beach's "limited use" accessory dwelling units are restricted to the R-40 zoning district and can only house immediate family or an on-premise employee: the zoning ordinance flatly bars renting or leasing them out.
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, (iii) shall not be rented, leased or otherwise used for any purpose not specifically permitted, (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 Zoning Ordinance defines a "limited use accessory dwelling unit" as a second dwelling on the same lot as the principal home, allowed only in the R-40 Residential Zoning District. It caps out at one bedroom and 800 square feet, and its floor area counts against the lot's overall accessory-structure limit. Occupancy is restricted to a family member of the homeowner or an on-premise employee (caretaker, childcare provider, landscaper, chef); the definition itself states the unit "shall not be rented, leased or otherwise used for any purpose not specifically permitted."
Violations & Fines
Zoning violations are misdemeanors under Sec. 104, fined up to $1,000 per offense; the zoning administrator enforces and can require abatement, with repeat or continuing violations charged as separate offenses.
Frequently Asked Questions
Can I rent out my accessory dwelling unit in Virginia Beach?
Where in the city are these accessory dwelling units allowed?
Sources & Official References
Other rules in Virginia Beach
Compare Virginia Beach to another location·View the Virginia accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.