Title 18 - Unified Development Ordinance

 

18.376 By-Right Housing Developments

Contents:

16.376.010 Purpose

The purpose of this Chapter is to promote the development of housing by streamlining the approval process for by-right housing development, including single-family homes, townhouses and accessory dwelling units (ADUs), as set forth by Kansas By-right Housing Development Act.1 By facilitating the construction of additional housing units, this Chapter aims to address housing shortages and promote affordability as set forth by the Act.

 

1 Kan. S.B. 418, 91st Leg. (Kan. 2026), New Sect. 1

 

(History: Ord. No. ZRR-3527, §2, 2026)

Effective on: 1/1/1901

18.376.020 By-Right Housing Developments

  1. A.
    Administrative Approval. Proposed housing developments, including single-family homes, townhouses and accessory dwelling units (ADUs), that meet:
    1. 1.
      The definition of a “by-right housing development” in subsection B; and
    2. 2.
      The criteria outlined in the City’s Unified Development Ordinance and all other applicable land use regulations,

shall be approved by-right, without the need for discretionary review or approval by the Governing Body, the Planning Commission, or any other applicable regulatory body.

  1. B.
    "By-right housing development" - means the approval of a proposed housing project as a matter of right without the need for discretionary review or approval if such project:
    1. 1.
      Complies with the City’s Unified Development Ordinance and all other applicable land use regulations;
    2. 2.
      Does not require federal or state discharge permits or stormwater drainage studies;
    3. 3.
      Has a maximum of 12 attached units as part of any townhouse project;
    4. 4.
      Complies with the condition that the construction of public infrastructure extensions or improvements:
      1. a.
        Is not required for the development,
      2. b.
        Has been completed, or
      3. c.
        Is a condition of the City's approval of the application for a by-right housing development that has been agreed to by the applicant;
    5. 5.
      Complies with the City’s adopted floodplain management ordinance; and
    6. 6.
      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.

 

(History: Ord. No. ZRR-3527, §3, 2026) 

Effective on: 1/1/1901

18.376.030 Applications for By-Right Housing

An application for a by-right housing development shall be accompanied by a site plan and any required additional studies, documentation, plans, and affidavits indicated in the By-Right Housing Application Submittal Checklist adopted and amended by the Director.

 

(History: Ord. No. ZRR-3527, §4, 2026)

Effective on: 1/1/1901

18.376.040 Consideration of By-Right Housing

A complete application for a by-right housing development that demonstrates that such development meets the criteria outlined in the City’s Unified Development Ordinance and all other applicable land use regulations shall be deemed approved unless the application is denied within 30 days of receipt by the City, or within 60 days for an application that requires approval of a subdivision plat pursuant to 18.460 and K.S.A. 12-752 (and amendments thereto), or within 90 days for an application that requires approval of a subdivision plat of more than 40 single-family homes pursuant to 18.460 and K.S.A. 12-752 (and amendments thereto). Notwithstanding the foregoing, a subdivision plat shall not be deemed approved unless such plat complies with all applicable subdivision statutes and regulations adopted pursuant to 18.460 and K.S.A. 12-752 (and amendments thereto).

 

(History: Ord. No. ZRR-3527, §5, 2026)

Effective on: 1/1/1901

18.376.050 Appeal of denied by-right housing development permit application.

An appeal of a denied by-right housing development permit application pursuant to this Chapter shall adhere to the appeal provisions of K.S.A. 12-760 (and amendments thereto); provided, the applicant may, at its option, appeal the decision to the Planning Commission per subsection A below. Notwithstanding any provisions of law to the contrary, the court reviewing a denied permit application for a by-right housing development shall review the decision pursuant to the standard set forth by Kansas Statute.

  1. A.
    An applicant may, at its option, appeal a denial of a by-right housing development permit application to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote.

 

(History: Ord. No. ZRR-3527, §6, 2026) 

Effective on: 1/1/1901

18.376.060 Definitions

For the purposes of this Chapter, these words and phrases shall have the following meaning:

  1. A.
    "Accessory dwelling unit" or "ADU" means a secondary housing unit that is subordinate to the primary dwelling unit on the same lot and may include a separate kitchen, bathroom and entrance.
  2. B.
    "By-right housing development" shall have the meaning set forth in 18.376.020 B.
  3. C.
    "Single-family home" means a detached or semi-detached dwelling arranged, intended or designed to be occupied by a single family. A semi-detached dwelling is also known as a duplex.
  4. D.
    "Townhouse" means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof with a yard or public way on not less than two sides.

 

(History: Ord. No. ZRR-3527, §7, 2026) 

Effective on: 1/1/1901

18.376.070 Applicable Regulations; Conformance with Kansas Statute

Applicable provision of the Unified Development Ordinance shall otherwise apply with respect to matters not addressed by this Chapter. In the event of any conflict between the provisions of Kansas By-right Housing Development Act and this Chapter or any other provisions of the Unified Development Ordinance, the Director shall determine how to interpret the provisions of this Chapter or any other provision of the Unified Development Ordinance in a manner that complies with the requirements of the Kansas By-right Housing Development Act.

 

(History: Ord. No. ZRR-3527, §8, 2026)

Effective on: 1/1/1901