The By-Right Housing Development Act aims to simplify the approval process for housing developments in Kansas, including single-family homes, townhouses, and accessory dwelling units (ADUs). Under this bill, all housing developments that comply with zoning codes and land use regulations will be approved by-right, eliminating the need for discretionary review by planning commissions or zoning boards. A complete application will be automatically approved unless denied within 15 days of receipt. The bill also requires regulatory authorities to monitor compliance and outlines enforcement actions for noncompliance. Additionally, it allows for third-party reviews of development documents if authorities fail to act in a timely manner and provides for de novo court reviews of denied permit applications.

The bill further amends existing zoning laws to clarify the handling of protest petitions against zoning amendments. If a protest petition is filed within 14 days of a public hearing, signed by owners of 20% or more of the affected property, the amendment requires a 3/4 majority vote to pass. It also states that properties owned by those who request the rezoning or do not oppose it will be excluded from protest calculations. Zoning amendments for mining operations will only need a simple majority vote. The bill mandates additional notice for proposed rezonings, including signage on affected land, and clarifies that existing uses of buildings or land are exempt from new zoning regulations unless there is a change in use or significant damage. All land within city limits will be considered zoned for single-family residential use, while cities can still impose reasonable development regulations. The bill will take effect upon publication.

Statutes affected:
As introduced: 12-757, 12-758