ADU rules in Beckley

Beckley's zoning code (Chapter 15) has no accessory dwelling unit use. §15-7(f) allows only one building with dwelling units per lot unless the chapter provides otherwise, and §15-7(k) bars a residential structure on the rear of a lot or on a lot with another dwelling, with one exception: living quarters on the second floor of a two-story garage, which may be occupied only by a servant (and the servant's family) of the family living in the main house. 'Accessory living quarters' are a permitted accessory building in the R-1, R-2, R-3, R-5, R-6 and O/R districts (§15-8(a)(1) and the parallel subsections), placed under §15-24(a). A detached guesthouse is also allowed, but by definition it has no kitchen and may house only occasional guests, so it is not an ADU. From 1-1-2027, W. Va. Code §8-42-2 requires one attached, detached or internal ADU by right on every lot with a single-family dwelling and bars any employment-relationship occupancy rule, so the garage-only, servant-only limits become invalid to that extent.

No internal or attached ADU use exists. In R-1, the city's main single-family district, the only dwelling use is 'single-family dwellings', and a one-family dwelling is defined as a detached building 'designed exclusively for occupancy by one (1) family', so a basement or addition apartment is not allowed there. In R-2 general residential, 'two- to four-family dwelling units' are a permitted use (single-family dwellings are only a conditional use in R-2), so a house can be converted into a two-family dwelling by right on a lot at least 60 feet wide with 3,750 sq ft of lot area per dwelling unit (7,500 sq ft for two units). This value describes that duplex route, not an ADU use. From 1-1-2027, §8-42-2 requires an internal or attached ADU by right on every lot with a single-family dwelling, R-1 included, and bars ADU lot-size minimums stricter than those for the house.

Beckley sets no floor-area cap for accessory living quarters or guesthouses. The servant-quarters exception in §15-7(k) is limited to the second floor of a two-story garage, and accessory buildings must stay out of the front yard, at least 5 feet from side and rear lot lines, and 10 feet from the main building unless a two-hour fire-rated wall is used (§15-24(a); §15-3 'Accessory building or use'). In R-1 and R-2, main and accessory buildings together may cover no more than 35 percent of the lot, and no building may exceed three stories or 35 feet (§15-8(c), (d)(5); §15-9(c), (d)(4)). Under §8-42-2(c), an attached or detached ADU protected by state law may be no more than 75 percent of the house's gross floor area or 1,000 sq ft, whichever is less; internal units have no stated cap.

Chapter 15 contains no owner-occupancy requirement for accessory living quarters or two-family dwellings. The occupancy limit that does exist is relational: the garage quarters may be occupied only by 'a servant (and the servant's family) of the family occupying the main structure' (§15-7(k)), whether or not that family owns the property. The only owner-occupied use in the zoning code is the bed and breakfast. W. Va. Code §8-42 does not preempt owner occupancy (the clause was struck from SB 659 before passage), but it bars requiring a restrictive covenant for an ADU (§8-42-2(d)(8)) and any familial, marital or employment relationship between occupants (§8-42-2(d)(3)), so the servant-only rule is invalid from 1-1-2027.

§15-23(m)(1)a requires two off-street parking spaces for each dwelling unit in one- and two-family dwellings, so converting a house into a two-family dwelling in R-2 means providing four spaces in total. The code does not say whether servant quarters above a garage count as a separate dwelling unit for parking; the garage itself supplies spaces. From 1-1-2027, §8-42-2(d)(1) bars a municipality from requiring additional parking, or a fee in lieu, for an ADU, so the per-unit rule would be invalid as applied to an ADU.

Both routes are by-right uses: 'accessory living quarters' are listed among the permitted accessory buildings in R-1, R-2, R-3, R-5, R-6 and O/R, and two- to four-family dwelling units are a permitted use in R-2. Approval is administrative through the Code Enforcement Department: a building permit application with a scaled site plan (§15-5(c)(1)), plan review, and a certificate of occupancy before the space is occupied or its use changed (§15-5(c)(3), (4)). No public hearing applies unless a variance, or a conditional use such as a bed and breakfast, is sought from the board of zoning appeals. From 1-1-2027, §8-42-3(b) caps the ADU application fee at $250 plus usual building fees.

The servant quarters cannot be rented to the public: §15-7(k) limits occupancy to a servant of the main-house family, and guesthouses or guest rooms may serve only 'the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit.' A unit in a two-family dwelling can be rented long-term; the code has no rental license or registration, but §13-215 imposes a 1 percent business and occupation tax on gross income from furnishing real property for hire. Beckley has no short-term rental ordinance: a 'tourist home' (a dwelling offering overnight accommodations for transient guests) is a permitted use only in the B-1 and B-2 business districts, and an owner-occupied bed and breakfast needs a conditional use permit in R-1, R-2, R-3 and R-5. A council workshop set for October 13, 2026 lists a 'Rental Housing Registration, Inspection, and Occupancy Ordinance' (not introduced or adopted as of 2026-10-10). §8-42-3(a) preserves municipal STR regulation.