507.A. PURPOSE. The purpose of this section is to promote the development of housing by streamlining the approval process for certain types of housing development in certain zoning districts in accordance with K.S.A 12-757. By facilitating the construction of additional housing units, this section aims to address housing shortages and promote affordability.

507.B. DEFINITIONS. For this purposes of this section, certain terms or words used herein shall be interpreted as follows:

1.    Development application. Means a building permit or subdivision plat.

2.    Floor area. Means the sum of the square footage of all of the floors of a structure or building, excluding the areas of basements, attached garages or space used for off-street parking or loading, breezeways, enclosed or unenclosed porches, and accessory structures.

507.C. APPLICABILITY. By-right housing development includes single-family homes, two-family homes, townhouses, and accessory dwelling units (ADUs). All by-right housing development must be approved without discretionary review or approval from the Planning Commission, Board of Zoning Appeals, or governing body if such development:

1.    Complies with the special use standards outlined in SECTION 404.E of the Zoning Regulations;

2.    Is a permitted use in the requested zoning district, in accordance with TABLE 404.D of the Zoning Regulations;

3.    Does not require federal or state discharge permits or stormwater drainage studies;

4.    Has a maximum of 12 attached units as part of any townhouse project;

5.    Complies with the condition that the construction of public infrastructure extensions or improvements:

a.     Is not required for the development;

b.    Has been completed; or

c.     Is a condition of approval of the application that has been agreed to by the applicant;

6.    Will not increase impervious surface in a manner that adversely affects drainage into a special flood hazard area as defined by any adopted floodplain management ordinance, as designated by the Kansas department of agriculture’s division of water resources or other office designated by the governor or by law; and

7.    Is not located within a district listed on the national register of historic places or otherwise subject to historic preservation review under applicable state, federal, or local law.

507.D. DIMENSIONAL STANDARDS. The following standards, as listed in TABLE 507.D and in accordance with SECTION 405 of the Zoning Regulations, shall apply to all single-family homes, two-family homes, and townhouses with a floor area of less than 2,500 sq. ft. (excluding the area of basements and garages). When the floor area is greater than 2,500 sq. ft. (excluding the area of basements and garages), the dimensional standards of the applicable zoning district shall apply. See SECTION 407 of the Zoning Regulations for the dimensional standards for ADUs.

Table 507.D. Dimensional Standards for Single-Family, Two-Family, and Townhouses with a Floor Area less than 2,500 sq. ft. (in feet, unless otherwise noted).

1.    When a side yard setback is provided, a minimum distance of 5 feet shall be required.

507.E. DENIAL TIMELINES. A complete building permit application for a by-right housing development shall be deemed approved unless the application is denied within a certain time frame. Applications for subdivision plats shall be deemed approved if they comply with the Subdivision Regulations and all applicable subdivision statutes adopted pursuant to K.S.A. 12-752, and amendments thereto, and are not denied within a certain time frame. The time frames are as follows:

1.    For building permits, applications shall be deemed approved unless denied within 30 days of submission.

2.    For small plats with less than 40 lots, applications shall be deemed approved unless denied within 60 days of submission.

3.    For large plats with more than 40 lots, applications shall be deemed approved unless denied within 90 days of submission.

507.F. APPEAL OF A DENIED APPLICATION. When denied by the Zoning Administrator, an appeal of a denied by-right development application shall adhere to the provisions of SECTION 1007 of the Zoning Regulations. When denied by any other party, an appeal shall adhere to the provisions of K.S.A. 12-760, and amendments thereto.