AN ACT relating to planning and zoning.

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AN ACT relating to planning and zoning. 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: 5
(a) "Qualifying planning unit" means a planning unit established under this 6
chapter that is composed of: 7
1. A city with a population equal to or greater than ten thousand 8
(10,000); 9
2. Any combination of cities with a collective population equal to or 10
greater than fifteen thousand (15,000); 11
3. A county with population equal to or greater than fifteen thousand 12
(15,000); 13
4. Any combination of cities and counties, parts of counties, or parts of 14
consolidated local governments with a collective population equal to 15
or greater than twenty thousand (20,000); 16
5. A consolidated local government; or 17
6. An urban-county government; 18
(b) "Qualifying residential development" means a tract of land that is: 19
1. Five (5) acres or more; 20
2. Located in an area that is zoned for single-family homes; and 21
3. The subject o f a subdivision plat or development plan submitted to a 22
qualifying planning unit after the effective date of this Act; 23
(c) "Service document" means a letter, form, or other document issued by a 24
water and sewer service provider to an owner or developer of a residential 25
development that states that a provider is able and willing to provide water 26
and sewer service to the project or dwelling; 27
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(d) "Small lot" means a residential lot that is four thousand (4,000) square feet 1
or less; and 2
(e) "Transitional buffer" means a buffer between residential developments 3
consisting of no more than two (2) of the following elements: 4
1. A fence or wall; 5
2. A berm or mound; 6
3. Vegetation; 7
4. Green space; or 8
5. Another natural barrier. 9
(2) A qualifying planning unit shall not ad opt or enforce any rule or ordinance that 10
would require: 11
(a) A residential lot in a qualifying residential development to be: 12
1. Larger than three thousand (3,000) square feet; 13
2. Wider than thirty (30) feet; or 14
3. Deeper than seventy-five (75) feet; or 15
(b) A small lot in a qualifying residential development to have: 16
1. Setbacks greater than: 17
a. Fifteen (15) feet from the front of the property; 18
b. Ten (10) feet from the back of the property; or 19
c. Five (5) feet from the side of the property; 20
2. Covered parking; 21
3. More than one (1) parking space per unit; 22
4. Off-site parking; 23
5. More than thirty percent (30%) open space or permeable surface; 24
6. Fewer than three (3) full stories not exceeding ten (10 ) feet in height 25
measured from the interior floor to ceiling; 26
7. A maximum building bulk; or 27
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8. An articulation or other architectural requirement the only purpose of 1
which relates to aesthetics. 2
(3) Subsection (2) of this section shall not be construed to prohibit a qualifying 3
planning unit from adopting regulations related to environmental features, 4
erosion, stormwater management, waterways, or wastewater management, 5
including a requirement that a qualifying residential development obtain service 6
documents, if the regulation is generally applicable and the qualifying planning 7
unit is otherwise authorized to adopt the regulation under state or federal law. 8
(4) This section shall not be construed to affect, prohibit, preempt, or render 9
unenforceable any prop erty or use restrictions contained in the properly enacted 10
rules or regulations of a homeowners association, condominium association, or 11
other similar property owner association or cooperative. 12
(5) Any person aggrieved by a qualifying planning unit's viola tion of any provision 13
of this section shall have a cause of action in the Circuit Court in the county in 14
which the person resides. The Circuit Court, in its discretion, may award: 15
(a) A person that prevails against the qualifying planning unit reasonable 16
attorney's fees and court costs to be paid by the qualifying planning unit; or 17
(b) A planning unit that prevails against a person who has brought suit under 18
this section reasonable attorney's fees and court costs to be paid by that 19
person, if the Circuit Co urt determines that the suit was frivolous or 20
meritless. 21
(6) (a) If a qualifying planning unit determines that a proposed qualifying 22
residential development will have substantial negative impacts on: 23
1. Public safety or the provision of government services , including but 24
not limited to fire protection, emergency medical services, law 25
enforcement access, solid waste collection, snow and ice removal, or 26
the safe movement and operation of emergency vehicles and 27
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equipment; 1
2. The qualifying planning unit's abil ity to comply with any requirement 2
to accommodate public utilities or maintain the provision of utilities to 3
a service area; 4
3. The qualifying planning unit's ability to comply with state or federal 5
laws, regulations, rules, or legal decrees; or 6
4. Transportation infrastructure, traffic flow, or roadway access 7
standards; 8
as a result of the standards set out in subsection (2) of this section, the 9
qualifying planning unit may request that a developer modify and resubmit 10
plans for a proposed development to am eliorate or remediate those potential 11
negative impacts. 12
(b) A qualifying planning unit that makes a request under paragraph (a) of this 13
subsection shall: 14
1. Articulate a specific negative impact or impacts that the proposed 15
qualifying residential development will have; 16
2. Articulate the specific requirement under subsection (2) of this section 17
that would cause a specific negative impact; and 18
3. Provide the developer with sufficient time to modify and resubmit a 19
plan. 20
(c) A qualifying planning unit may deny a proposed qualifying residential 21
development plan that fails to ameliorate or remediate the negative impacts 22
under paragraph (a) of this subsection. 23
(d) 1. A developer shall have a cause of action in the Circuit Court in the 24
county in which the qualifying residential development is proposed if a 25
qualifying planning unit denies a qualifying residential development 26
plan pursuant to this subsection. The Circuit Court shall determine if: 27
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a. The qualifying planning unit complied with this subsection; 1
b. The qualifying planning unit's denial is supported by clear and 2
convincing evidence; and 3
c. Any negative impact was raised by the qualifying planning unit 4
for pretextual reasons to improperly deny a proposed 5
development. 6
2. a. If the Circuit Court finds in favor of the developer, it shall 7
require the qualifying planning unit to pay the developer's 8
reasonable attorney's fees and court costs. 9
b. If the Circuit Court finds in favor of the planning unit and 10
determines that the suit was frivolous or meritless, it may in its 11
discretion require the developer to pay the planning unit's 12
reasonable attorney's fees and court costs. 13
(7) Notwithstanding subsection (2) of this section, a qualifying planning u nit may 14
require a developer to install a transitional buffer when a qualifying residential 15
development abuts existing residential property developed at a lesser density than 16
the qualifying residential development, but a transitional buffer shall not be 17
required that creates more than seventy -five (75) feet of separation between 18
developments. 19
SECTION 2. A NEW SECTION OF KRS CHAPTER 100 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) A planning unit shall not adopt or enforce any ordina nce or regulation that 22
would require: 23
(a) More than one (1) parking space per residential unit; 24
(b) Any minimum parking requirements for: 25
1. Existing buildings undergoing a change of use; 26
2. Licensed child-care facilities; 27
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3. Deed-restricted affordable housing; or 1
4. Assisted living facilities; or 2
(c) More than one -half (1/2) parking space for each residential unit that is 3
under twelve hundred (1,200) square feet. 4
(2) This section shall not alleviate a developer or planning unit's obligations to 5
provide accessible parking spaces as required by the Americans with Disabilities 6
Act, 42 U.S.C. sec. 12101 et seq. An accessible parking space shall not count 7
towards the minimums set out in this section. 8
(3) This section shall not prohibit a developer from providing more parking spaces 9
than the minimum number of parking spaces required in any ordinance or 10
regulation adopted pursuant to this section. 11
(4) (a) If a planning unit determines that the parking spaces for a proposed 12
development plan would have substantial negative impacts on: 13
1. Public safety or the provision of government services, including but 14
not limited to fire protection, emergency medical services, law 15
enforcement access, solid waste collection, snow and ice removal, or 16
the safe movement and operation of emergency vehicles and 17
equipment; 18
2. The planning unit's ability to comply with any requirement to 19
accommodate public utilities or maintain the provision of utilities to a 20
service area; 21
3. The planning unit's ability to comply with state or federal laws , 22
regulations, rules, or legal decrees; or 23
4. Transportation infrastructure, traffic flow, or roadway access 24
standards; 25
as a result of the standards set out in subsection (1) of this section, the 26
planning unit may request that a developer modify and resub mit 27
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development plans for a proposed development to ameliorate or remediate 1
those potential negative impacts. 2
(b) A planning unit that makes a request under paragraph (a) of this subsection 3
shall: 4
1. Articulate a specific negative impact or impacts that the proposed 5
development plan would have; 6
2. Articulate the specific requirement under subsection (1) of this sectio n 7
that would cause a specific negative impact; and 8
3. Provide the developer with sufficient time to modify and resubmit a 9
development plan. 10
(c) A planning unit may deny a proposed development plan that fails to 11
ameliorate or remediate the negative impacts under paragraph (a) of this 12
subsection. 13
(d) 1. A developer shall have a cause of action in the Circuit Court in the 14
county in which the development plan is proposed if a planning unit 15
denies a development plan pursuant to this subsection. The Circuit 16
Court shall determine if: 17
a. The planning unit complied with this subsection; 18
b. The planning unit's denial is supported by clear and convincing 19
evidence; and 20
c. Any negative impact was raised by the planning unit for 21
pretextual reasons to improperly deny a proposed development. 22
2. a. If the Circuit Court finds in favor of the developer, it shall 23
require the qualifying planning unit to pay the developer's 24
reasonable attorney's fees and court costs. 25
b. If the Circuit Court finds in favor of the planning unit and 26
determines that the suit was frivolous or meritless, it may in its 27
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discretion require the developer to pay the planning unit's 1
reasonable attorney's fees and court costs. 2
SECTION 3. A NEW SECTION OF KRS CHAPTER 100 IS C REATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Mixed-use residential development" means a development consisting of 6
residential and nonresidential uses in which the nonresidential uses 7
constitute less than fifty percent (50%) of the total squ are footage of the 8
development and includes condominiums; 9
(b) "Multifamily residential development" means a development with three (3) 10
or more dwelling units within one (1) or more buildings and includes 11
condominiums; and 12
(c) "Qualifying planning unit" mea ns a planning unit established under this 13
chapter that is composed of: 14
1. A city with a population equal to or greater than ten thousand 15
(10,000); 16
2. Any combination of cities with a collective population equal to or 17
greater than fifteen thousand (15,000); 18
3. A county with population equal to or greater than fifteen thousand 19
(15,000); 20
4. Any combination of cities and counties, parts of counties, or parts of 21
consolidated local governments with a collective population equal to 22
or greater than twenty thousand (20,000); 23
5. A consolidated local government; or 24
6. An urban-county government. 25
(2) In a qualifying planning unit, mixed -use residential developments and 26
multifamily residential developments shall be permitted uses in all commercial 27
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zones. 1
(3) A qualifying planning unit shall not adopt or enforce any regulation or 2
ordinance that: 3
(a) Prohibits mixed -use residential developments or multifamily residential 4
developments in commercial zones; 5
(b) Imposes requirements on mixed-use residential developments or multifamily 6
residential developments that are more restrictive than those placed on 7
other comparable uses within the commercial zone; or 8
(c) Requires mixed -use residential developments or multifamily residential 9
developments to have on the property or share via a parking agreement 10
more than one (1) off -street parking space for each unit i n addition to any 11
accessible parking spaces required by the Americans with Disabilities Act, 12
42 U.S.C. sec. 12101 et seq. 13
Section 4. This Act takes effect July 1, 2027. 14