{"data":{"id":"us-wv/w.-va.-code-8-42-1","jurisdiction":"us-wv","citation":"W. Va. Code § 8-42-1","heading":"Definitions.","body":"As used in this article:\n(a) \"Accessory dwelling unit\" means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with, or is otherwise exempt from, any applicable regulatory requirements;\n(b) \"By right\" means the ability to be approved without requiring:\n(1) A public hearing;\n(2) A variance, conditional use permit, special permit, or special exception; or\n(3) Other discretionary zoning action other than a determination that a site plan and any construction plans conform with applicable regulatory requirements;\n(c) \"Gross floor area\" means the interior habitable area of a single-family dwelling or an accessory dwelling unit;\n(d)(1) \"Regulatory requirements\" means the requirements determined by a municipality to be necessary for approval of plans, permits, or applications under this section.\n(2) \"Regulatory requirements\" includes:\n(A) The West Virginia Fire Code as adopted by the State Fire Marshal;\n(B) Any locally adopted ordinances and amendments to the ordinances;\n(C) Applicable zoning ordinances and conditions;\n(D) Design and construction standards, including any applicable building codes; and\n(E) Other federal, state, and local laws, rules, and ordinances applicable to the plan, permit, or application in question;\n(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, time-share, or owner-occupied residential home that is offered for a fee for 30 days or less; and\n(f) \"Single-family dwelling\" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit.\n(g) “Manufactured home” means a structure constructed in compliance with the federal Manufactured Home Construction and Safety Standards, 42 U.S.C. §5401 et seq., and installed on a permanent foundation.","path":["CHAPTER 8. MUNICIPAL CORPORATIONS.","ARTICLE 42. ACCESSORY DWELLING UNITS."],"source_url":"https://code.wvlegislature.gov/8-42-1/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:21:09Z","sha256":"e15bd610b8d946f7b67d50de273bc68910b53f04f01db3f7a4860c9dbb775c72","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-8-41-2","next":"us-wv/w.-va.-code-8-42-2"},"notice":"GroundRules: Original legal text. Not legal advice."}