1. Except as otherwise provided in this section, each governing body of a county whose population is 100,000 or more and each governing body of a city whose population is 60,000 or more shall adopt an ordinance that authorizes the development and use of an accessory dwelling unit on residential property. 2. The ordinance adopted pursuant to subsection 1 must not as a condition of approval of an accessory dwelling unit: (a) Prohibit separate kitchen facilities for the accessory dwelling unit. (b) Require more than one additional parking space for the accessory dwelling unit provided that the existing parking for the primary residence and street parking satisfy the anticipated parking needs for the accessory dwelling unit. (c) Require any side or rear setback for the accessory dwelling unit that is more restrictive than the requirements for the primary residence. (d) Require any improvement or repair to a public street unless such improvement or repair is necessary: (1) To reconstruct or repair a public street that is disturbed during the construction of the accessory dwelling unit; or (2) For public health and safety. (e) Except as otherwise provided in this paragraph, prohibit the owner of the residential property from using the accessory dwelling unit as rental housing. The ordinance may prohibit the owner of the residential property from using the accessory dwelling unit as transient lodging. 3. Any accessory dwelling unit approved pursuant to an ordinance adopted pursuant to subsection 1: (a) Must meet all applicable building codes, housing codes and any other codes regulating the health and safety of residential property. (b) Is not required to meet any building code or other code regulating the health and safety of commercial buildings, including, without limitation, any code that requires a fire sprinkler system in a commercial building. 4. Nothing in this section shall be construed to: (a) Prohibit the governing body of a county or a city from implementing a process that sets forth more favorable conditions for adding an accessory dwelling unit to residential property, including, without limitation, providing for the approval of the construction of an additional dwelling unit by building permit in lieu of approval by the planning department of the county or city; or (b) Authorize more than two accessory dwelling units on any residential property. 5. Any ordinance adopted pursuant to this section does not apply in a region in a county or city in this State for which there has been created by interstate compact a regional planning agency and the regional plan adopted by the regional planning agency calls for the regulation of housing. 6. As used in this section: (a) Accessory dwelling unit means an independent living space that is built on the same lot as the primary residence on a residential property, regardless of whether the independent living space is attached, detached or built within the primary residence. (b) Kitchen facilities includes, without limitation, a sink, refrigerator and a significant cooking appliance such as a range, stove or oven. (c) Residential property means a property that is located in an area of the county or city, as applicable, zoned for single-family residential use.
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