SB 659
Prohibiting certain restrictions on regulation of accessory dwelling units
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to prevent West Virginia municipalities from imposing overly restrictive regulations on accessory dwelling units (ADUs). It prohibits cities from limiting the creation of ADUs by right, dictating design standards, or imposing burdensome requirements like parking fees or specific occupancy rules. The legislation also establishes limits on fees associated with ADU applications and clarifies that municipalities can still regulate short-term rentals.
Key provisions
- Prohibits municipalities from requiring ADUs to be ‘by right,’ eliminating discretionary permitting processes.
- Limits the size of detached ADUs to 75% of the single-family dwelling’s gross floor area or 1,000 square feet, whichever is smaller.
- Prevents municipalities from requiring matching exterior design or specific occupancy relationships between dwelling units.
- Caps development impact fees for ADUs at $250.
- Allows municipalities to require a will-serve letter from water and sewer systems or Department of Health approval.
- Prohibits municipalities from imposing more restrictive development standards on ADUs than on the primary dwelling.
- Allows municipalities to charge application fees for ADUs, capped at $250.
- Permits municipalities to require building fees in addition to application fees.
Who is affected
- Municipalities
- Homeowners
- Renters
- Developers
- Housing Providers
Notable changes
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