This bill aims to amend the Code of West Virginia by introducing a new article that regulates accessory dwelling units (ADUs) within municipalities. It mandates that municipalities must allow at least one ADU by right on lots containing single-family dwellings, specifying that these units can be attached, detached, or internal to the primary dwelling. The bill outlines various restrictions that municipalities cannot impose, such as additional parking requirements, design matching with the primary dwelling, occupancy by the owner, and more. It also allows municipalities to charge a one-time application fee for reviewing ADU applications, capped at $250, while ensuring that existing building codes and health regulations remain applicable.

Furthermore, the bill stipulates that municipalities must adopt or amend their regulations regarding ADUs by January 1, 2026, or else they must permit ADUs in accordance with the new requirements until such regulations are established. Any existing regulations that do not comply with the new provisions will be rendered void after this date. The bill also clarifies definitions related to ADUs and emphasizes that municipalities can adopt more permissive regulations if they choose. The effective date for this article is set for January 1, 2026.

Statutes affected:
Introduced Version: 8A-7A-1, 8A-7A-2