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UNOFFICIAL COPY 26 RS BR 819
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AN ACT relating to accessory dwelling units. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 100 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "accessory dwelling unit" means a self -contained living 5
unit on the same parcel as a single-family home that: 6
(a) Includes its own cooking, sleeping, and sanitation facilities; 7
(b) Meets all applicable state or local codes or regulations for dwelling units, 8
including building, fire, and sanitation codes; and 9
(c) Has: 10
1. Less square footage than the single-family home, if it is internal to the 11
single-family home; or 12
2. Seventy-five percent (75%) or less square footage than the single -13
family home, if it is attached to or detached from the single -family 14
home. 15
(2) Accessory d welling units shall be considered a permitted use in all residential 16
zones and shall not be subject to permitting or review under this chapter. 17
(3) A planning unit shall not adopt or enforce any regulation or ordinance that: 18
(a) Prohibits a property owner from having one (1) accessory dwelling unit on 19
the owner's property; 20
(b) Imposes requirements on accessory dwelling units that are more restrictive 21
than those placed on single-family homes, including but not limited to: 22
1. Parking requirements; 23
2. Architectural or design standards; 24
3. Lot size, building height, or setback requirements; or 25
4. Any requirement that an owner occupy the single -family home or the 26
accessory dwelling unit, or have any specific relationship to a person 27
UNOFFICIAL COPY 26 RS BR 819
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occupying the single-family home or accessory dwelling unit; or 1
(c) Assesses any fees in addition to those required for single -family homes, 2
other than the fee set out in subsection (4) of this section. 3
(4) A planning unit may adopt or enforce a regulation or ordinance that: 4
(a) Requires the owner of an accessory dwelling unit to notify the planning unit 5
prior to the construction or creation of a new accessory dwelling unit; 6
(b) Assesses a one (1) time fee of not more than two hundred fifty dollars 7
($250) at the time the accessory dwelling unit is constructed or created; 8
(c) Prohibits or restricts an accessory dwelling unit from being rented for terms 9
of less than thirty (30) days; or 10
(d) Prohibits a property owner from having more than one (1) accessory 11
dwelling unit on a property. 12
(5) This section shall not be construed to prohibit a planning unit from adopting or 13
enforcing ordinances or regulations that are generally applicable to all dwelling 14
units. 15