This bill aims to amend the Code of West Virginia by introducing a new article that establishes regulations regarding accessory dwelling units (ADUs) within municipalities. It defines an ADU as a self-contained living unit on the same parcel as a single-family dwelling, and outlines that municipalities cannot adopt policies that restrict the use of at least one ADU by right on a lot containing a single-family dwelling. The bill specifies that an ADU can be attached, detached, or internal to the primary dwelling and sets limitations on its size relative to the primary dwelling. Additionally, it prohibits municipalities from imposing various restrictions, such as requiring additional parking, matching exterior designs, or imposing development impact fees exceeding $250.

Furthermore, the bill includes provisions for exemptions, allowing municipalities to regulate short-term rentals and charge application fees for creating ADUs, capped at $250. It also clarifies that existing policies that conflict with this new regulation will be invalidated after January 1, 2027. Municipalities are still permitted to require certain approvals related to water and sewer services, and they can adopt more permissive regulations than those outlined in this bill. Overall, the legislation seeks to facilitate the development of accessory dwelling units while limiting municipal restrictions that could hinder their establishment.

Statutes affected:
Introduced Version: 8-40-1, 8-40-2, 8-40-3