State law forces Morgantown to allow accessory dwelling units; council plans code updates

MORGANTOWN, W.Va. — City staff and council members spent the workshop's opening hour reviewing accessory dwelling units and the impact of a new state law that will require ADUs in residential areas.

Attorney Simonson told the council that Senate Bill 659, which passed March 6, "becomes effective June 4th" and includes a compliance date of Jan. 1, 2027. Under the law, municipalities must allow one ADU by right on any lot with a single-family dwelling; detached ADUs are limited to the lesser of 1,000 square feet or 75% of the principal dwelling, and ADUs must be self-contained living units with cooking, sleeping and sanitation facilities, Simonson said. The statute also limits fees and certain design restrictions: municipalities may charge an application fee but may not impose development-impact fees above $250.

The announcement prompted questions from council about setbacks, design standards and historic-district protections. Simonson said setbacks for ADUs cannot be more restrictive than those for the primary residence, and that local historic-district design rules may continue to apply in such districts. "You cannot have more restrictive maximum building heights, minimum setbacks, minimum lot sizes, maximum lot coverage or minimum building frontage than are applied to the single-family dwelling," Simonson said.

Several council members said the state statute removed elements they had planned to include — such as requiring owner-occupancy of the principal unit and more detailed design standards. One council member said that same removal of local "guard rails" may frustrate neighborhoods concerned about trailers or small manufactured units behind houses. Council members nevertheless agreed the city must update zoning definitions and land-use tables, coordinate with the planning commission and do public outreach ahead of the 2027 compliance date.

Staff outlined next steps: prepare code amendments to permit ADUs consistent with the statute, coordinate with the planning commission for comprehensive-plan concurrence, and run public engagement to explain the changes and options such as conditional-use routes or BZA involvement for unique cases. The council also discussed mid- and long-term housing tools — density bonuses, a possible community land trust, tiny-home transitional housing and home-repair programs — and asked staff to return with implementation plans.

The council did not take a formal vote on any ordinance during the workshop; staff said they would return with draft language and public-input opportunities as the timetable requires.