Morgantown is closer to letting homeowners add a backyard cottage, garage apartment or in-law suite almost anywhere in the city. But the rules aren't final yet, and contractors fielding early calls from homeowners should know exactly where things stand.
City Council approved the accessory dwelling unit ordinance on first reading at its Sept. 15 meeting. According to the draft minutes in council's Oct. 6 meeting packet, City Attorney Ryan Simonton explained the measure. Councilor Jenny Selin moved to advance it to second reading, Councilor Louise "Weez" Michael seconded, and the motion carried 6-0.
That's not final adoption. The city Planning Commission had the ordinance on its Oct. 8 agenda with a staff recommendation to forward it to council, but the city's agenda center shows that meeting was canceled. Next, according to a legal notice published Oct. 15 in The Dominion Post and posted on the West Virginia Legals notice site, City Council will hold a public hearing on the ordinance on Nov. 24 at 7 p.m. in council chambers at 389 Spruce St. Anyone wishing to speak may do so.
The draft says it takes effect Jan. 1, 2027.
Why the city is moving
Currently, Morgantown's code allows ADUs only in "Block A" of the Wiles Hill Gateway Overlay District. City staff began updating those rules early in 2026, then paused after the Legislature acted.
The ordinance cites 2026 Senate Bill 659, codified at W. Va. Code §§ 8-42-1 et seq. That law requires municipalities to allow one accessory dwelling unit by right on each lot occupied by a single-family dwelling. The city says its ordinance is meant to comply with the new state law and to further its Morgantown 2033 comprehensive plan.
What the draft allows
The details, laid out in the Planning Commission staff report and draft ordinance, are what builders will work from:
- Where: One ADU per lot, in any zoning district, on a lot with an existing single-family dwelling. It can be attached or detached.
- Size: The ADU must be smaller than the house. It can be no more than 75 percent of the house's gross floor area or 1,200 square feet, whichever is greater, as long as it stays smaller than the house.
- Setbacks: Detached units follow single-family setbacks, except that side and rear setbacks drop to 5 feet where the district's rules are stricter.
- Height: Up to 20 feet, or the district's single-family height limit, whichever is greater.
- Lots: No minimum lot size or frontage requirement, but lot coverage limits still apply.
- Parking: No additional off-street parking is required. No new parking permits will be issued for ADUs, though existing permits for the main house can be used.
- Use: ADUs may be rented, leased or used as short-term rentals, subject to applicable law.
The draft adds paperwork, too. An ADU permit carries a $250 application fee, on top of a building permit, site plan approval and certificate of occupancy. ADU proposals would go through Type I site plan review. Applicants would need a "will-serve" letter from the water and sewer system serving the house. In historic districts, ADUs would have to match exterior design, roof pitch and materials rules.
One line is aimed straight at the trades. No street or sidewalk improvements would be required, but "the property owner and/or contractor shall be responsible for the full cost of repairing and restoring" any public infrastructure damaged during ADU construction.
Why it matters for Contractors
In a university city like Morgantown, a citywide by-right ADU rule with no added parking requirement is the kind of change that can produce a steady run of small residential jobs: detached cottages, garage conversions, basement and attic units, and additions.
But the ordinance hasn't been adopted. Until council finishes the job after the Nov. 24 hearing, and until the Jan. 1, 2027, effective date the draft sets, the current rules still apply. Contractors can start conversations and rough pricing with homeowners now. Signing contracts, ordering materials or promising a permit before the final vote is a risk, especially since details can change between first reading and adoption.
Watch the will-serve letter and the infrastructure-damage clause. Both can add cost and time to small jobs, and the damage clause names contractors directly. Contractors who want a say in how the final rules read can speak at the Nov. 24 hearing.