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feasible based upon specific site or regional topographical or fire and life safety conditions, or that It Is not
<br />permitted anywhere else, in the Jurisdiction.
<br />(111) This clause shall not apply to a unit that is described in subdivision (d).
<br />(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of
<br />an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the
<br />replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit,
<br />including, but not limited to, as covered spaces, uncovered spaces, or tandem =paces, or by the use of
<br />mechanical automobile parking lifts, This clause shall not apply, to a unit that is described in subdivision (d).
<br />(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
<br />residential growth.
<br />(3) When a local agency receives Its first application on or after July 1, 2003, for a permit pursuant to this
<br />subdivision, the application shall be considered ministerially without discretionary review, or a hearing,
<br />notwithstanding Section 65401 or 65906 or:any.local ordinance regulating the issuance of variances or special
<br />use permits,, within 120,day5 after receiving the application. A local agency may Ogige a fee,to reimburse it for
<br />costs that it Incurs as a. result of amendments to this paragraph enacted during lthe20o1-02 Regular Session of
<br />the Legislature, including the costs of adopting or amending any ordinance that provides for the,creation of an
<br />accessory. dwelling unit.
<br />(4) Ari -existing ordinance governing the creation of an accessory dv elling iinit. by a local agency Oren accessory
<br />dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this".piiragraph
<br />shall provide an approval process that includes only -ministerial provisions for�the'approval of'accessory dwelling
<br />units and shall not Include any discretionary: processes, provisions, or requirements for those units, except as
<br />otherwise provided in this subdivision, in the event that a local agency has an existing accessary. dwelling unit
<br />ordinance that fails to meet the requirements of this subdivision, that ordinanceshall be null and Vold upon the
<br />effective date of the act adding this paragraph and that agency shall thereafter apply the standards established
<br />in this subdivision for the approval of accessory dwelling units, unless and until theagency adapts an ordinance
<br />that'coriiplies wJith tills section.
<br />(5) No other local ordinance, policy, or regula den shall be the basi's for the denial of a building permit or a use
<br />permit ander this subdivision.
<br />(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
<br />accessory dwelling unit on a lot zoned for residential use that.,cantains an existing single-family dwelling. No
<br />additional standards; other than those provided in this subdivision, Shall be utilized or Imposed, except that a.
<br />.local agency may require an applicant for a permit Issued pursuant to this subdivision to be an owner-accupant
<br />or that the property be used (or rentals of terms Ionger.than:30 days.:
<br />(7) R local agency may amend its zoning ordinance or general plan to incorporate the -policies, procedures; or
<br />other provisions applicable to the creation of an accessory d•.veiling unit if these provisions are consistent with'
<br />the limitations of this subdivision,
<br />(8) An accessory dwelling' unit that conforms te, this subdivision shall be deemed to be an accessory use or.an
<br />accessory building and shall not be considered to exceed the allowable density ;for the lot upon which it is
<br />located, and shall be deemed to be a residential use that is consistent�wlth the existing general plan and zoning
<br />designations for the lot. The accessory dwelling unit shall not be considered in the application :of any local
<br />.ordinance, policy, or program to limit residential growth.
<br />(b) When a local agency that has not adopted an ordinancegoperniing accessory dwelling units in accordance
<br />with subdivision (a) receives its first application on or after July 1, :1983, for a permit to create an accessory
<br />dwelling unit pursuant to this subdivision, the local agency shall accept thz application and approve or
<br />disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days
<br />after rec6ving the application.
<br />(c} A local agency may establish minimum and maximum unit size requirements for both attached and detached
<br />accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
<br />percentage of the existing dwelling, shall be .established by ordinance for either attached or detached dwellings
<br />that does not permit at least an efficiency Unit to be constructed in compliance with local development
<br />standards. Accessory dwelling emits shall not herequired to provide fire sprinklers if they are not required for the
<br />primary residence.
<br />75A-26
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