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

Virginia Beach's zoning ordinance permits a "limited use accessory dwelling unit" only within the R-40 Residential District, where minimum lots run 40,000 square feet. The unit must sit on the same zoning lot as the principal house, cannot exceed one bedroom or 800 square feet of floor area, and its footprint counts toward the property's overall accessory-structure floor-area cap. Occupancy is restricted to an immediate family member who owns and lives in the principal dwelling, or an on-premise employee such as a caretaker or nanny: it cannot be rented or leased to anyone else. Outside R-40, the zoning ordinance does not list a limited-use ADU as an allowed accessory use in any residential district, so a second dwelling unit generally is not permitted there. Because the use is listed as a permitted (not conditional) accessory use in R-40, no special exception or conditional use permit is required there, but the structure still needs a standard building permit before construction.