York County, VA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- General public rental
- Prohibited
- Permitted occupants
- Family, guests, caretaker, or domestic employee
- Deed restriction
- Required before building permit issues
- Utility registration
- Must be in principal resident's name only
- Restriction release
- Only by County Administrator
Summary
In York County, Virginia, an accessory apartment cannot be rented to the general public. It can only house family, a caretaker, or a domestic employee, and the property owner must record a deed restriction before the county will issue a building permit for it.
The accessory apartment shall be occupied only by family members (related by blood, marriage, or adoption) or guests of the occupant of the single-family dwelling or by a bona fide medical/health caretaker or domestic employee of the occupant of the single family dwelling. The apartment shall not be offered to the general public for rental or other occupancy arrangements. ... Prior to issuance of a Building Permit for the accessory apartment the property owner shall prepare and record with the Clerk of the Circuit Court, at his expense, a deed restriction on the property stipulating that the accessory apartment will be used, occupied and maintained in accordance with the above-noted restrictions and such others as may be prescribed by the York County Board of Supervisors in approving the special use permit.
Full Breakdown
Sec. 24.1-407(h) limits accessory apartment occupancy to family members related by blood, marriage, or adoption, guests of the principal dwelling's occupant, or a bona fide medical or health caretaker or domestic employee, and expressly bars offering the apartment to the general public for rental or any other occupancy arrangement. Sec. 24.1-407(i) reinforces the owner-occupied character of the arrangement by requiring that all utilities serving the accessory apartment, including electric, water, sewer, and gas, be registered to the occupant of the principal residence; separate billing to different parties is prohibited even where separate meters exist.
Before a Building Permit will issue for the accessory apartment, Sec. 24.1-407(j) requires the property owner to record a deed restriction with the Clerk of the Circuit Court, at the owner's expense, committing the apartment to those occupancy limits plus any additional conditions the Board of Supervisors imposes when granting the special use permit, with the authorizing resolution attached as an exhibit. That recorded restriction cannot be voided, in whole or in part, unless the County Administrator specifically authorizes release because of a later zoning change affecting accessory apartments, or because the accessory apartment itself is removed through demolition or structural alteration.
Violations & Fines
Renting an accessory apartment to the general public or to an unrelated tenant breaches both Sec. 24.1-407(h) and the recorded deed restriction required by Sec. 24.1-407(j), exposing the owner to zoning enforcement under Chapter 24.1's general violation and penalty provisions. Because the restriction runs with the land, a subsequent owner remains bound by it until the County Administrator authorizes release or the apartment is removed.
Frequently Asked Questions
Can I rent my York County accessory apartment on a short-term rental site?
Does an accessory apartment need its own utility accounts?
What must happen before I get a building permit for an accessory apartment?
Can the deed restriction on an accessory apartment be removed?
Sources & Official References
Other rules in York County
Compare York County to another location·View the Virginia accessory structures overview
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