This bill aims to amend the Code of West Virginia by introducing a new article focused on accessory dwelling units (ADUs) and establishing regulations that municipalities must follow. It mandates that municipalities 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 main dwelling. The bill outlines various restrictions that municipalities cannot impose, such as additional parking requirements, design matching with the main 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.

Furthermore, the bill stipulates that municipalities must adopt or amend their regulations regarding ADUs by January 1, 2027, 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 clarifies that it does not override existing building codes or public health regulations and allows municipalities to adopt more permissive regulations if they choose. The effective date for this article is set for January 1, 2027.

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