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

Under Virginia Beach Zoning Ordinance Article 2, ADUs are treated as accessory residences and generally require a conditional use permit (CUP) from City Council in most residential districts. Minimum lot size typically must exceed 20,000 square feet for a detached ADU, and the owner must occupy either the primary dwelling or the ADU. Maximum ADU size is generally capped at 800 to 1,000 square feet or a percentage of the primary dwelling, whichever is less. The ADU must match the primary dwelling's architectural style and use the same driveway. A critical constraint is Air Installations Compatible Use Zones (AICUZ) for NAS Oceana and NALF Fentress: new residential density is prohibited in Accident Potential Zone 1 (APZ-1) and restricted in APZ-2 and the 70-75 dB DNL noise zones covering parts of Oceana, Pungo, and parts of Kempsville. Properties in those overlay areas generally cannot add ADUs regardless of lot size. Short-term rental of an ADU requires separate STR registration. Septic-served properties need Virginia Department of Health approval for the additional bedroom count. Virginia's 2023 amendments to Code §15.2-2316 allow localities to permit ADUs by right but Virginia Beach has retained CUP review.