BZA approves accessory dwelling and variances for Anita Davis with rental and lot conditions

The Accomack County Board of Zoning Appeals approved Dec. 3 a special‑use permit (SUSE1242025) and associated variances (1612025) to allow an accessory dwelling on Anita Davis’s 1.101‑acre agricultural parcel at 18235 Gospel Temple Road.

Staff described the accessory dwelling rules in the agricultural district, the 140‑foot separation requirement between primary and accessory dwellings and the lot‑size definition dating to pre‑2006 records; because the lot is smaller than the 60,000‑square‑foot threshold and the accessory dwelling would be within 140 feet of the primary house, multiple variances were required. Staff recommended approval of the special‑use permit with nine conditions and discussed that staff does not typically recommend variances but provided conditions should the board approve.

Board discussion focused on enforcement and the long‑term purpose of accessory dwellings. Lee Pammi, Deputy County Administrator and designated zoning administrator, urged tying the lot validation condition to an established process benchmark such as issuance of a building permit and stressed that accessory dwellings should be used for long‑term rental rather than short‑term rentals. Pammi said planners are increasingly encouraging accessory dwelling units as long‑term housing options: "Planners are coming around to accessory dwelling units and making it easier for accessory dwelling units to be approved," and recommended that the permit be worded to allow one accessory dwelling and require that it "may be used for long term rental only." The board amended condition language (including making the lot‑validation requirement prior to issuance of a building permit), kept a prohibition on short‑term rentals, and approved the special‑use permit and variances with the revised nine conditions.

Staff will require lot validation, certified property flagging, permit compliance and inspections before final permit issuance.