Virginia Beach, VA Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- Base height limit
- 35 feet, all Residential Districts
- Large-lot exception
- 42 feet in R-40/R-30/R-20/R-15 subdivisions
- Governing section
- CZO § 503
- Airspace override
- Never exceeds Sec. 202(b) FAA limit
- Enforced by
- Planning Dept. Zoning Administrator
Summary
Virginia Beach caps residential structures at 35 feet under City Zoning Ordinance Sec. 503, with a narrow exception allowing 42 feet for single-family homes in larger R-40 through R-15 subdivisions.
The following shall constitute the maximum height requirements for all structures within all Residential Districts.
(a)Except as provided in subsection (b), the maximum height for all buildings and structures shall be thirty-five (35) feet.(b)The maximum height for single-family dwellings within the R-40, R-30, R-20 or R-15 Residential District in subdivisions of ten (10) or more lots created after the date of adoption of this subsection shall be forty-two (42) feet.(c)Notwithstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation. (Ord. No. 2767, 6-10-03)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
The city's Zoning Ordinance sets a flat 35-foot height ceiling for buildings and structures in every Residential District, from R-40 large-lot zoning down to R-2.5. New single-family subdivisions of ten or more lots in the R-40, R-30, R-20, or R-15 districts get a modest bump to 42 feet, but no residential structure anywhere in the city may exceed the separate airspace-protection limit in Sec. 202(b), tied to FAA obstruction standards near NAS Oceana and other city airfields. The Planning Department's Zoning Administrator enforces the limit through site plan and building permit review.
Violations & Fines
Building permits proposing a structure over the height cap are denied at plan review; unpermitted construction that exceeds the limit is a zoning violation subject to a stop-work order and mandatory reduction to conforming height.
Frequently Asked Questions
Can I build a residential structure taller than 35 feet in Virginia Beach?
Does the 35-foot limit apply near NAS Oceana?
Sources & Official References
Other rules in Virginia Beach
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