The newly enacted “by-right housing development act” from the Kansas Legislature aims to simplify the approval process for housing developments, including single-family homes, townhouses and accessory dwelling units (ADUs), to help address housing shortages and improve affordability in the state.
The act was outlined by lawmakers in SB 418, which was introduced on Jan. 28 and passed on March 27. It was signed into law by Gov. Laura Kelly on April 7.
An ADU is defined by the legislation as a secondary housing unit on the same lot as a primary dwelling. “By-right housing development” allows housing projects to be approved automatically without extra discretionary reviews, provided they follow land use regulations and certain criteria. This includes not needing federal or state permits, having a maximum of 12 attached units in townhouses, complying with specific infrastructure conditions, not worsening drainage in flood-prone areas and not being located in historic districts.
Under SB 418, by-right housing developments that meet the defined standards will be approved automatically without the need for approval from planning commissions or regulatory bodies. An application is deemed approved if not denied within defined time frames: 30 days for regular applications, 60 days for subdivision plats and 90 days for larger subdivisions.
Regulatory authorities will be required to monitor compliance with housing developments, and any violations may lead to enforcement actions. The act does not affect existing property covenants or homeowners’ associations’ regulations.
If a by-right housing development permit is denied, the applicant can appeal the decision and initiate a court review. If the court finds in favor of the applicant, it may either remand the case or order the permit granted, with the possibility of awarding attorney fees in cases of bad faith by the permitting authority.
Additionally, under SB 418, the governing body of a political subdivision can opt into third-party reviews of development documents and inspections by adopting an ordinance or resolution with a majority vote. If a regulatory authority does not approve a development document within 30 days of receiving it, a third party can conduct the review. The reviewer must not be the applicant or any associated person and can include approved staff or licensed professionals. Similarly, if a required inspection is not conducted within 30 days, a third party can inspect, following similar criteria.
Additionally, regulatory authorities cannot impose extra fees for these reviews or inspections. Third-party reviewers must follow legal provisions and notify the regulatory authority of their findings within 15 days. They cannot require applicants to waive procedural deadlines.
There is an appeal process for aggrieved individuals to contest decisions related to development documents or inspections, which must be filed within 15 days. If the governing body does not act on the appeal within 60 days, the document or inspection related to the appeal is deemed approved or waived.
Another statute outlined in the act mandates that whenever a property owner that is not a city or county initiates a rezoning of such owner’s property to a single-family residential district, such amendment shall require notice by publication and hearing. Such zoning amendments shall not require written notice and shall not be subject to protest petition provisions outlined in state statutes.
Notwithstanding any provision of law to the contrary, all land within the corporate limits of a city that is zoned for any type of residential use shall be considered zoned for single-family residential use in addition to any other zoning adopted by the city for such land. This provision shall not limit a city’s ability to impose reasonable regulations related to setbacks, the provision of development and performance standards, utility and subdivision standards, future provisions for street and utility connections, grading plans and platting the property that are related to single-family residential developments of land not zoned for single-family residential use.
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