Charleston, WV Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Requirement
- Owner must occupy one unit
- Max ADUs per lot
- 1
- Recording
- Deed instrument at Kanawha County Clerk
- Parking
- 1 space per bedroom
- Transfer
- ADU can't be sold separately
Summary
Charleston allows accessory dwelling units only on lots where the owner of record lives in the primary house or the ADU itself.
a. Accessory dwelling units are only permitted as an accessory use to an owner occupied
single family dwelling use within residential zoning districts.
b. Attached accessory dwelling units shall be clearly subordinate and secondary to the
principal dwelling unit. Attached accessory dwelling units shall conform to all
development standards for principal structures including any applicable zoning, historic
preservation, or architectural standards.
c. Detached accessory dwelling units shall conform with all provisions for accessory
structures contained within Article 3-080.
d. On site parking shall be provided for the accessory dwelling unit at a rate of one (1)
parking space per bedroom.
e. No more than one (1) accessory dwelling unit shall be approved per owner occupied
single family dwelling and lot of record.
f. Accessory dwelling units shall only be permitted for owner occupied single family
dwellings. Prior to issuance of a Zoning Permit, the applicant shall record an instrument
with the Kanawha County Clerk notifying and informing all subsequent owners of the
property that the approval of the accessory dwelling unit is contingent upon:
(1) Continued compliance with all applicable standards of the Zoning Ordinance of the City of Charleston, West Virginia.
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Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Under the Zoning Ordinance, an accessory dwelling unit is permitted only as an accessory use to an owner-occupied single-family dwelling in a residential district. The applicant must record an instrument with the Kanawha County Clerk before a zoning permit issues, binding future owners: either the ADU or the primary unit must stay owner-occupied or the ADU's approval as a separate household unit becomes null, the ADU can't be sold apart from the main house, and only one ADU is allowed per lot.
Violations & Fines
Loss of the ADU's zoning approval as a separate household unit if owner-occupancy lapses; the recorded covenant runs with the deed and binds future owners regardless of intent to rent both units out.
Frequently Asked Questions
Can I rent out both the main house and the ADU in Charleston?
Can I sell the ADU separately from the main house?
Sources & Official References
Other rules in Charleston
Compare Charleston to another location·View the West Virginia accessory structures overview
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