West Virginia SB659: Prohibiting certain restrictions on regulation of accessory dwelling units

What the bill says

An act to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §8-40-1, §8-40-2, and §8-40-3, relating to prohibiting municipalities from prohibiting certain restrictions on the regulation of accessory dwelling units; defining terms; prohibiting certain restrictions on accessory dwelling units; and providing exemptions. article 40. accessory dwelling units. §8-40-1. Definitions. As used in this (b) "By right" means the ability to be approved without (2) A variance, conditional use permit, special permit, or special exception; or (3) Other discretionary zoning.

From the enrolled text, March 6, 2026:

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §8-40-1, §8-40-2, and §8-40-3, relating to prohibiting municipalities from prohibiting certain restrictions on the regulation of accessory dwelling units; defining terms; prohibiting certain restrictions on accessory dwelling units; and providing exemptions. article 40. accessory dwelling units. §8-40-1. Definitions. As used in this (b) "By right" means the ability to be approved without (2) A variance, conditional use permit, special permit, or special exception; or (3) Other discretionary zoning action other than a determination that a site plan and any construction plans conform with applicable regulatory requirements; (c) "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit; (d)(1) "Regulatory requirements" means the requirements determined by a municipality to be necessary for approval of plans, permits, or applications under this section. (2) "Regulatory requirements" (B) Any locally adopted ordinances and amendments to the ordinances; (C) Applicable zoning ordinances and conditions; (D) Design and construction standards, including any applicable building codes; and (E) Other federal, state, and local laws, rules, and ordinances applicable to the plan, permit, or application in question; (e) "Short-term rental" means an individually or collectively owned single-family house or single-family dwelling unit or a unit or group of units in a condominium, cooperative, …

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