Winston-Salem, NC Accessory Structures: ADU Owner Occupancy (2026)

Winston-Salem's Unified Development Ordinance Sec. 5.3.4 governs accessory dwelling standards. The ADU and principal dwelling must remain under common ownership and cannot be conveyed as separate parcels - the lot may not be subdivided to sell them independently. Beyond common ownership, the city streamlined the ADU framework in February 2022 (UDO-CC15) to remove City Council approval, eliminate the $1,000 minimum fee, and allow zoning-staff approval where structural standards are met. NC HB 409 (2023), titled 'Regulation of Accessory Dwelling Units,' would have prohibited cities from imposing owner-occupancy mandates statewide; the bill passed the House April 26, 2023, was referred to the Senate Committee on Rules and Operations, and died without Senate action. There is therefore no statewide North Carolina ADU preemption statute in force. Winston-Salem and Forsyth County retain local zoning discretion subject to NCGS Chapter 160D. NC General Statute 160D-1207 limits proactive rental property registration programs; Winston-Salem does not maintain a general rental registry but may inspect specific properties with documented substantial code violations. HOA covenants in deed-restricted Winston-Salem subdivisions (Buena Vista, Country Club Estates, Sherwood Forest, Old Town, Stratford, Knollwood, etc.) commonly impose stricter independent restrictions, including outright ADU prohibitions, enforceable by private civil action in NC courts.