Charleston, WV Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Owner-occupancy
- Required for house or ADU
- Units per lot
- 1 ADU maximum
- Recording required
- Deed instrument with county clerk
- Separate sale
- ADU cannot be sold apart from house
Summary
Charleston only allows an accessory dwelling unit on a lot where the owner of record lives in either the main house or the ADU, blocking pure investor rentals of both units.
Accessory dwelling units are only permitted as an accessory use to an owner occupied single family dwelling use within residential zoning districts. ... Accessory dwelling units shall only be permitted for owner occupied single family dwellings. ... the accessory dwelling unit or the primary single family unit on the property shall be occupied by the owner of record. If either unit is not owner occupied, the zoning approval of use of the accessory dwelling unit as a separate household unit shall be null.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
The zoning ordinance permits accessory dwelling units solely as an accessory use to an owner-occupied single-family dwelling. Before a zoning permit issues, the owner must record an instrument with the Kanawha County Clerk stating that either the ADU or the primary dwelling must be owner-occupied, that the ADU cannot be sold separately from the main house, and only one ADU is allowed per lot.
Violations & Fines
If neither the ADU nor the primary dwelling is owner-occupied, the zoning approval for the ADU as a separate household unit becomes null and void, cutting off its legal use as a rental.
Frequently Asked Questions
Can I rent out an ADU in Charleston if I don't live on the property?
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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