Accessory Structures in Virginia Beach, VA

If you live in Virginia Beach or are thinking about moving there, accessory structures are one of those things you probably won't think about until they affect you directly. Virginia Beach has 4 specific rules on the books covering different aspects of accessory structures, and some of them might surprise you.

Shed & Carport Rules

Backyard sheds and other accessory structures in Virginia Beach get a reduced 5-foot side and rear yard setback if they're 150 square feet or smaller with an eave height of 8 feet or less; larger sheds must meet the full district yard setback instead.

Key details: Reduced-setback threshold: ≤150 sq ft, ≤8 ft eave height. Reduced side/rear setback: 5 feet. Standard accessory size cap: 500 sq ft or 20% of house. R-30/R-40 size cap: 30% of principal structure. Height limit: cannot exceed principal structure.

A shed built inside the reduced 5-foot setback without qualifying for the size/height exception, or that exceeds the accessory-structure floor-area cap, is a zoning violation the Planning Department can order relocated, resized, or removed.

ADU Rules

Accessory dwelling units are allowed only in the R-40 Residential District, capped at 800 square feet and one bedroom, for family or an on-premise employee.

Key details: Where allowed: R-40 Residential District only. Size cap: 800 sq ft, 1 bedroom. Occupancy: Family member or live-in employee only. Rental: Not permitted. Permit type: By-right accessory use in R-40.

Building without a permit, exceeding the 800-square-foot/one-bedroom cap, or renting the unit to a non-family occupant outside the on-premise-employee exception can draw a zoning violation and required removal or conversion of the space.

This is one of the stricter rules in Virginia Beach's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

ADU Rental Restrictions

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.

Key details: 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.

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.

Compared to other cities, Virginia Beach takes a harder line on adu rental restrictions. The enforcement and penalty structure reflects that.

ADU Owner Occupancy

Virginia Beach zoning permits a 'limited use accessory dwelling unit' only in the R-40 Residential District, and it may house only an immediate family member who owns the home or an on-premise employee: never an independent tenant.

Key details: Where allowed: R-40 Residential District only. Who may occupy: Owner's immediate family or employee. Size cap: 800 sq ft, one bedroom max. Rental status: Cannot be rented or leased. Floor-area count: Counts toward accessory-structure cap.

Renting or leasing the unit, housing an occupant who is not immediate family or an on-premise employee, or building one outside the R-40 District violates the zoning ordinance; Planning Department Permits and Inspections enforces compliance through zoning citations.

Compared to other cities, Virginia Beach takes a harder line on adu owner occupancy. The enforcement and penalty structure reflects that.

The Bottom Line

Virginia Beach is tougher than many cities when it comes to accessory structures. Out of the 4 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Virginia Beach, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Virginia Beach's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.