Albemarle County, VA Accessory Structures: ADU Rules (2026)

34, but only inside the structure of the main dwelling to which it is accessory; using a freestanding garage or other detached accessory structure for the apartment is expressly prohibited. 2A and other uses whose area within the dwelling is separately regulated. An accessory apartment gets the benefit of every accessory use available to the main dwelling, but the reverse is barred: no accessory apartment may be established as accessory to another accessory apartment. Any single-family dwelling that adds an accessory apartment must provide a minimum of three off-street parking spaces, arranged with reasonably uninhibited access to the street and subject to the zoning administrator's approval, and the dwelling is still treated as a single dwelling unit for area and bulk regulations in its zoning district.

A separate guest or rental cottage does not count as an accessory apartment at all; it is treated as its own single-family detached dwelling subject to the district's area and bulk rules, and no accessory apartment may be located inside a guest or rental cottage. 34(J) makes the apartment count as a dwelling unit for the county's occupancy sections 14-234 and 14-410.