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Charleston, WV Accessory Structures: ADU Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Charleston, WV, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Max ADUs per lot
1
Owner occupancy
Required, unit or main house
Parking required
1 space per bedroom
Recording required
Deed notice with County Clerk
Resale
Cannot be sold apart from main house

Summary

Charleston allows one accessory dwelling unit per lot, but only as an accessory to an owner-occupied single-family home, with a recorded deed notice and one parking space per bedroom.

Dwelling, Accessory the following apply:

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.

72

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Under the zoning ordinance's land use table, an ADU is permitted only as an accessory use to an owner-occupied single-family dwelling in a residential district, and only one per lot of record. Before a zoning permit issues, the owner must record an instrument with the Kanawha County Clerk stating that either the ADU or the primary unit must remain owner-occupied, the ADU can't be sold apart from the main house, and it can't be enlarged beyond the ordinance's size limits. Detached ADUs must meet all accessory-structure standards in Article 3-080; attached ADUs must meet the same development standards as the principal structure, including any historic preservation rules. Parking is required at one space per bedroom in the ADU.

Violations & Fines

Building or occupying an ADU without the recorded owner-occupancy instrument, or without a zoning permit, voids the zoning approval and the unit's use as a separate household is nullified; owners can also face standard zoning-code enforcement for unpermitted accessory structures.

Frequently Asked Questions

Can I rent out my Charleston ADU if I move out?
No. Either the ADU or the primary dwelling must stay owner-occupied, or the zoning approval for the ADU as a separate household unit is null.
Do I need to record anything with the county?
Yes. Before your zoning permit issues, you must record an instrument with the Kanawha County Clerk disclosing the ADU's owner-occupancy and resale conditions to future owners.

Sources & Official References

Other rules in Charleston

All Charleston rules

How Charleston compares: Easiest Cities to Build an ADU·Compare Charleston to another location·View the West Virginia accessory structures overview

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