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Charleston, WV Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Either the primary dwelling or the ADU must be occupied by the owner of record, or the ADU's zoning approval as a separate household unit becomes null.
Can I sell the ADU separately from the main house?
No. The recorded instrument required for the zoning permit prohibits selling the ADU apart from the primary single-family dwelling.

Sources & Official References

Other rules in Charleston

All Charleston rules

Compare Charleston to another location·View the West Virginia accessory structures overview

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