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| 1 | + | Session of 2025 | |
| 1 | 2 | HOUSE BILL No. 2088 | |
| 2 | - | AN ACT concerning housing; enacting the fast-track permits act; requiring local | |
| 3 | - | governments to meet specified deadlines for issuing building permits for real estate | |
| 4 | - | development; requiring the secretary of health and environment to issue a decision | |
| 5 | - | within 45 days on an application for an authorization to discharge stormwater runoff | |
| 6 | - | from construction activities under the federal national pollutant discharge elimination | |
| 7 | - | system general permit or a rainfall erosivity waiver. | |
| 3 | + | By Committee on Commerce, Labor and Economic Development | |
| 4 | + | Requested by Andrew Wiens on behalf of Opportunity Solutions Project | |
| 5 | + | 1-23 | |
| 6 | + | AN ACT concerning housing; enacting the fast-track permits act; requiring | |
| 7 | + | local governments to meet specified deadlines for issuing building | |
| 8 | + | permits and other required approvals for real estate development; | |
| 9 | + | amending K.S.A. 12-752 and 12-759 and repealing the existing | |
| 10 | + | sections. | |
| 8 | 11 | Be it enacted by the Legislature of the State of Kansas: | |
| 9 | - | Section 1. (a) The provisions of sections 1 through 3, and | |
| 12 | + | New Section 1. (a) The provisions of sections 1 through 3, and | |
| 10 | 13 | amendments thereto, shall be known and may be cited as the fast-track | |
| 11 | 14 | permits act. | |
| 12 | - | (b) The purpose of the fast-track permits act is to enhance | |
| 13 | - | economic growth in local communities and reduce the regulatory | |
| 14 | - | burden on entrepreneurs, developers and homeowners by streamlining | |
| 15 | - | the review process for local building permits. | |
| 16 | - | Sec. 2. For the purposes of the fast-track permits act: | |
| 17 | - | (a) "Act" means the fast-track permits act, sections 1 through 3, | |
| 18 | - | and amendments thereto. | |
| 19 | - | (b) "Applicant" means a person that submits an application to a | |
| 20 | - | local government, including a person designated to act on the | |
| 21 | - | applicant's behalf. | |
| 22 | - | (c) "Application" means a request to the appropriate local | |
| 23 | - | governmental authority for a building permit related to the | |
| 24 | - | development of a single-family residential improvement upon real | |
| 25 | - | estate within the jurisdiction of such local governmental authority. | |
| 26 | - | "Application" does not include an appeal to a zoning board of appeals | |
| 27 | - | or planning commission designated as a zoning board of appeals. | |
| 15 | + | (b) The purpose of the fast-track permits act is to enhance economic | |
| 16 | + | growth in local communities and reduce the regulatory burden on | |
| 17 | + | entrepreneurs, developers and homeowners by streamlining the review | |
| 18 | + | process for local building permits. | |
| 19 | + | New Sec. 2. For the purposes of the fast-track permits act: | |
| 20 | + | (a) "Act" means the fast-track permits act, sections 1 through 3, and | |
| 21 | + | amendments thereto. | |
| 22 | + | (b) "Applicant" means a person that submits an application to a local | |
| 23 | + | government, including a person designated to act on the applicant's behalf. | |
| 24 | + | (c) "Application" means: | |
| 25 | + | (1) A request to the appropriate local governmental authority for a | |
| 26 | + | building permit or other required local governmental approval of an action | |
| 27 | + | related to the development of a single-family residential, multifamily | |
| 28 | + | residential, commercial or industrial improvement upon real estate within | |
| 29 | + | the jurisdiction of such local governmental authority; or | |
| 30 | + | (2) an appeal to a zoning board of appeals or planning commission | |
| 31 | + | designated as a zoning board of appeals by any person aggrieved, or any | |
| 32 | + | officer of a city, county or any governmental agency or body affected by | |
| 33 | + | any decision of an officer administering the provisions of a zoning | |
| 34 | + | ordinance or resolution, as provided by K.S.A. 12-759, and amendments | |
| 35 | + | thereto. | |
| 28 | 36 | (d) (1) "Complete application" means an application containing all | |
| 29 | 37 | information and meeting all requirements pursuant to: | |
| 30 | 38 | (A) A rule, resolution, ordinance or policy of the local government | |
| 31 | 39 | that was adopted prior to the date that the complete application was | |
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| 32 | 75 | submitted to the local government by the applicant; or | |
| 33 | 76 | (B) applicable state or federal law. | |
| 34 | - | (2) A "complete application" shall also include the applicant's | |
| 35 | - | mailing address, telephone number, email address, if the applicant has | |
| 36 | - | an email address and facsimile number, if the applicant has a fax | |
| 37 | - | number. | |
| 38 | - | (e) "Local government" or "local governmental authority" means | |
| 39 | - | the applicable governing body, commission, board or other authority of | |
| 40 | - | a municipality, city, county, township, district or other political | |
| 41 | - | subdivision of this state with jurisdiction over an application. | |
| 42 | - | Sec. 3. (a) (1) (A) Except as provided by subparagraph (B), a local | |
| 43 | - | government shall approve or deny an application and provide written | |
| 44 | - | notice of such decision to the applicant within 60 days of receipt of a | |
| 45 | - | complete application. If an application is not complete, the local | |
| 46 | - | government shall provide written notice to the applicant of the reason | |
| 47 | - | or reasons that the application is deemed not complete within 15 days | |
| 48 | - | of receipt of the application and provide an opportunity for the | |
| 49 | - | applicant to submit missing information, make required modifications | |
| 50 | - | or cure any other deficiency. If the application is not complete when | |
| 51 | - | received by the local government, the date that the applicant completes | |
| 52 | - | the application shall constitute the date of receipt of the application, | |
| 53 | - | except as provided by paragraph (2). | |
| 54 | - | (B) The requirement that the local government approve or deny an | |
| 77 | + | (2) A "complete application" shall also include the applicant's mailing | |
| 78 | + | address, telephone number, email address, if the applicant has an email | |
| 79 | + | address and facsimile number, if the applicant has a fax number. | |
| 80 | + | (e) "Local government" or "local governmental authority" means the | |
| 81 | + | applicable governing body, commission, board or other authority of a | |
| 82 | + | municipality, city, county, township, district or other political subdivision | |
| 83 | + | of this state with jurisdiction over an application. | |
| 84 | + | New Sec. 3. (a) (1) A local government shall approve or deny an | |
| 55 | 85 | application and provide written notice of such decision to the applicant | |
| 56 | - | within 60 days of receipt of a complete application pursuant to the | |
| 57 | - | provisions of subsections (a) and (b) shall not apply if an applicant | |
| 58 | - | agrees in writing to proceed with phased permitting. | |
| 86 | + | within 60 days of receipt of a complete application. If an application is not | |
| 87 | + | complete, the local government shall provide written notice to the | |
| 88 | + | applicant of the reason or reasons that the application is deemed not | |
| 89 | + | complete within 15 days of receipt of the application and provide an | |
| 90 | + | opportunity for the applicant to submit missing information, make required | |
| 91 | + | modifications or cure any other deficiency. If the application is not | |
| 92 | + | complete when received by the local government, the date that the | |
| 93 | + | applicant completes the application shall constitute the date of receipt of | |
| 94 | + | the application, except as provided by paragraph (2). | |
| 59 | 95 | (2) If the local government fails to provide written notice to the | |
| 60 | - | applicant that an application is not complete within 15 days of receipt | |
| 61 | - | of an incomplete application, the deadline of 60 days for the provision | |
| 62 | - | of written notice of approval or denial by the local government | |
| 63 | - | pursuant to paragraph (1) shall apply starting from the date that such | |
| 64 | - | incomplete application was received. If any deficiency in the | |
| 65 | - | application requires resolution prior to a decision by the local HOUSE BILL No. 2088—page 2 | |
| 66 | - | government and such deficiency cannot be cured by the applicant | |
| 67 | - | within the period required that the local government may reasonably | |
| 68 | - | approve or deny the application, the local government shall deny the | |
| 69 | - | application as required by this act, with leave for the applicant to | |
| 70 | - | resubmit the application. The provisions of paragraph (1) shall apply to | |
| 71 | - | any resubmitted application in the same manner applicable to the initial | |
| 72 | - | application. No additional filing fees shall be charged by the local | |
| 73 | - | government with respect to such a resubmission of an application | |
| 74 | - | following a denial. An application may be denied and resubmitted more | |
| 75 | - | than once in the event that the applicant is unable to timely cure a | |
| 76 | - | deficiency. | |
| 96 | + | applicant that an application is not complete within 15 days of receipt of | |
| 97 | + | an incomplete application, the deadline of 60 days for the provision of | |
| 98 | + | written notice of approval or denial by the local government pursuant to | |
| 99 | + | paragraph (1) shall apply starting from the date that such incomplete | |
| 100 | + | application was received. If any deficiency in the application requires | |
| 101 | + | resolution prior to a decision by the local government and such deficiency | |
| 102 | + | cannot be cured by the applicant within the period required that the local | |
| 103 | + | government may reasonably approve or deny the application, the local | |
| 104 | + | government shall deny the application as required by this act, with leave | |
| 105 | + | for the applicant to resubmit the application. The provisions of paragraph | |
| 106 | + | (1) shall apply to any resubmitted application in the same manner | |
| 107 | + | applicable to the initial application. No additional filing fees shall be | |
| 108 | + | charged by the local government with respect to such a resubmission of an | |
| 109 | + | application following a denial. An application may be denied and | |
| 110 | + | resubmitted more than once in the event that the applicant is unable to | |
| 111 | + | timely cure a deficiency. | |
| 77 | 112 | (b) If a local government fails to provide written notice to an | |
| 78 | - | applicant of the approval or denial of an application within 60 days | |
| 79 | - | from the date that such application is received or deemed received by | |
| 80 | - | the local government pursuant to subsection (a)(1) or (2), the | |
| 81 | - | application shall be deemed approved by the local government. | |
| 82 | - | (c) (1) The local government shall state the reasons for a denial of | |
| 83 | - | an application in the written notice to the applicant. A local government | |
| 84 | - | shall not deny an application on the basis of a rule, resolution, | |
| 85 | - | ordinance or policy of the local governmental authority or respective | |
| 86 | - | municipality, city, county, township, district or other political | |
| 87 | - | subdivision of the state that is adopted or amended subsequent to the | |
| 88 | - | date the complete application was submitted by the applicant to the | |
| 89 | - | local government. | |
| 113 | + | applicant of the approval or denial of an application within 60 days from | |
| 114 | + | the date that such application is received or deemed received by the local | |
| 115 | + | government pursuant to subsection (a)(1) or (2), the application shall be | |
| 116 | + | deemed approved by the local government. | |
| 117 | + | (c) (1) The local government shall state the reasons for a denial of an | |
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| 161 | + | application in the written notice to the applicant. A local government shall | |
| 162 | + | not deny an application on the basis of a rule, resolution, ordinance or | |
| 163 | + | policy of the local governmental authority or respective municipality, city, | |
| 164 | + | county, township, district or other political subdivision of the state that is | |
| 165 | + | adopted or amended subsequent to the date the complete application was | |
| 166 | + | submitted by the applicant to the local government. | |
| 90 | 167 | (2) In approving an application, the local government shall not | |
| 91 | 168 | require any conditions or requirements pursuant to a rule, resolution, | |
| 92 | 169 | ordinance or policy of the local governmental authority or respective | |
| 93 | - | municipality, city, county, township, district or other political | |
| 94 | - | subdivision that was not adopted or amended prior to the date that the | |
| 95 | - | complete application was submitted by the applicant to the local | |
| 96 | - | government. | |
| 170 | + | municipality, city, county, township, district or other political subdivision | |
| 171 | + | that was not adopted or amended prior to the date that the complete | |
| 172 | + | application was submitted by the applicant to the local government. | |
| 97 | 173 | (d) For purposes of this act, any required signatures may be | |
| 98 | - | electronic. A local government shall provide written notice of a | |
| 99 | - | decision on an application or of an incomplete application, and an | |
| 100 | - | applicant shall submit an application on the date that the: | |
| 101 | - | (1) Notice is deposited in the United States mail by the local | |
| 102 | - | government, addressed to the address provided by the applicant and | |
| 103 | - | proof of the date of mailing is obtained; | |
| 104 | - | (2) application of the applicant is received in the United States | |
| 105 | - | mail by the local government; | |
| 106 | - | (3) notice or application is written in the body of or in an | |
| 107 | - | attachment to an email sent to the email address provided by the | |
| 108 | - | applicant or local government. If possible, the email shall be sent with a | |
| 109 | - | request for a delivery receipt confirming that the email was delivered to | |
| 110 | - | the recipient's email server; | |
| 111 | - | (4) notice or application is faxed to the facsimile number provided | |
| 112 | - | by the applicant or local government; or | |
| 113 | - | (5) notice or application is submitted to a private courier for | |
| 114 | - | delivery addressed to the address provided by the applicant or local | |
| 115 | - | government and proof of the date of submission to such courier is | |
| 116 | - | obtained. | |
| 174 | + | electronic. A local government shall provide written notice of a decision | |
| 175 | + | on an application or of an incomplete application, and an applicant shall | |
| 176 | + | submit an application on the date that the notice or application is: | |
| 177 | + | (1) Deposited in the United States mail, addressed to the address | |
| 178 | + | provided by the applicant or local government and proof of the date of | |
| 179 | + | mailing is obtained; | |
| 180 | + | (2) written in the body of or in an attachment to an email sent to the | |
| 181 | + | email address provided by the applicant or local government. If possible, | |
| 182 | + | the email shall be sent with a request for a delivery receipt confirming that | |
| 183 | + | the email was delivered to the recipient's email server; | |
| 184 | + | (3) faxed to the facsimile number provided by the applicant or local | |
| 185 | + | government; or | |
| 186 | + | (4) submitted to a private courier for delivery addressed to the | |
| 187 | + | address provided by the applicant or local government and proof of the | |
| 188 | + | date of submission to such courier is obtained. | |
| 117 | 189 | (e) For purposes of determining deadlines pursuant to this act, | |
| 118 | - | weekends shall be included. Federal or state holidays shall not be | |
| 119 | - | included. | |
| 190 | + | weekends shall be included. Federal or state holidays shall not be included. | |
| 120 | 191 | (f) The provisions of this section shall not supersede any rule, | |
| 121 | 192 | resolution, ordinance or policy of a municipality, city, county or other | |
| 122 | - | political subdivision of this state providing for a shorter period of time | |
| 123 | - | for a local governmental authority to issue decisions upon applications | |
| 124 | - | or give notice of incomplete applications. The specified deadlines and HOUSE BILL No. 2088—page 3 | |
| 125 | - | provisions of this section shall apply in addition to any such | |
| 126 | - | requirements. | |
| 127 | - | Sec. 4. Within 45 days of the submittal by an applicant to the | |
| 128 | - | department of health and environment of a complete notice of intent to | |
| 129 | - | discharge stormwater runoff from construction activities requesting | |
| 130 | - | authorization to discharge stormwater runoff from construction | |
| 131 | - | activities under the federal national pollutant discharge elimination | |
| 132 | - | system general permit or a rainfall erosivity waiver application and | |
| 133 | - | including all supporting documentation pursuant to applicable federal | |
| 134 | - | or state law, the secretary of health and environment shall issue an | |
| 135 | - | authorization, waiver or denial, as determined by the secretary, to the | |
| 136 | - | applicant. The provisions of this section shall not be construed to | |
| 137 | - | supersede conflicting federal law. | |
| 138 | - | Sec. 5. This act shall take effect and be in force from and after its | |
| 193 | + | political subdivision of this state providing for a shorter period of time for | |
| 194 | + | a local governmental authority to issue decisions upon applications or give | |
| 195 | + | notice of incomplete applications. The specified deadlines and provisions | |
| 196 | + | of this section shall apply in addition to any such requirements. | |
| 197 | + | Sec. 4. K.S.A. 12-752 is hereby amended to read as follows: 12-752. | |
| 198 | + | (a) The owner or owners of any land located within an area governed by | |
| 199 | + | regulations subdividing the same into lots and blocks or tracts or parcels, | |
| 200 | + | for the purpose of laying out any subdivisions, suburban lots, building lots, | |
| 201 | + | tracts or parcels or any owner of any land establishing any street, alley, | |
| 202 | + | park or other property intended for public use or for the use of purchasers | |
| 203 | + | or owners of lots, tracts or parcels of land fronting thereon or adjacent | |
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| 247 | + | thereto, shall have a plat drawn as may be required by the subdivision | |
| 248 | + | regulations. Such plat shall accurately describe the subdivision, lots, tracts | |
| 249 | + | or parcels of land giving the location and dimensions thereof and the | |
| 250 | + | location and dimensions of all streets, alleys, parks or other properties | |
| 251 | + | intended to be dedicated to public use or for the use of purchasers or | |
| 252 | + | owners of lots, tracts or parcels of land fronting thereon or adjacent | |
| 253 | + | thereto. All plats shall be verified by the owner or owners thereof. All such | |
| 254 | + | plats shall be submitted to the planning commission or to the joint | |
| 255 | + | committee for subdivision regulation. | |
| 256 | + | (b) The planning commission or the joint committee shall determine | |
| 257 | + | if the plat conforms to the provisions of the subdivision regulations. If | |
| 258 | + | such determination is not made within 60 days after the first meeting of | |
| 259 | + | such commission or committee following the date of the submission | |
| 260 | + | receipt of the plat to by the secretary thereof as provided by sections 2 and | |
| 261 | + | 3, and amendments thereto, such plat shall be deemed to have been | |
| 262 | + | approved and a certificate shall be issued by the secretary of the planning | |
| 263 | + | commission or joint committee upon demand. If the planning commission | |
| 264 | + | or joint committee finds that the plat does not conform to the requirements | |
| 265 | + | of the subdivision regulations, the planning commission or joint committee | |
| 266 | + | shall notify the owner or owners of such fact as required by sections 2 and | |
| 267 | + | 3, and amendments thereto. Such notice shall be in writing and shall | |
| 268 | + | specify in detail the reasons the plat does not conform to the requirements | |
| 269 | + | of the subdivision regulations. If the plat conforms to the requirements of | |
| 270 | + | such regulations, there shall be endorsed thereon the fact that the plat has | |
| 271 | + | been submitted to and approved by the planning commission or joint | |
| 272 | + | committee. | |
| 273 | + | (c) The governing body shall accept or refuse the dedication of land | |
| 274 | + | for public purposes within 30 days after the first meeting of the governing | |
| 275 | + | body following the date of the submission receipt of the plat to by the clerk | |
| 276 | + | thereof as provided by sections 2 and 3, and amendments thereto. The | |
| 277 | + | governing body may defer action for an additional 30 days for the purpose | |
| 278 | + | of allowing for modifications to comply with the requirements established | |
| 279 | + | by the governing body. No additional filing fees shall be assessed during | |
| 280 | + | that period. If the governing body defers or refuses such dedication, it the | |
| 281 | + | governing body shall notify the owner or owners of the land and the | |
| 282 | + | planning commission or joint committee of such fact in accordance with | |
| 283 | + | sections 2 and 3, and amendments thereto. Such notice shall be in writing, | |
| 284 | + | and if the deferral or refusal of the dedication of land is based upon | |
| 285 | + | noncompliance with the requirements established by the governing body, | |
| 286 | + | the notice shall specify in detail the nature of such noncompliance. | |
| 287 | + | (d) The governing body may establish a scale of reasonable fees to be | |
| 288 | + | paid to the secretary of the planning commission or joint committee by the | |
| 289 | + | applicant for approval for each plat filed with the planning commission or | |
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| 333 | + | joint committee. | |
| 334 | + | (e) No building or zoning permit shall be issued for the use or | |
| 335 | + | construction of any structure upon any lot, tract or parcel of land located | |
| 336 | + | within the area governed by the subdivision regulations that has been | |
| 337 | + | subdivided, resubdivided or replatted after the date of the adoption of such | |
| 338 | + | regulations by the governing body or governing bodies but which has not | |
| 339 | + | been approved in the manner provided by this act. | |
| 340 | + | (f) Any regulations adopted by a governing body with reference to | |
| 341 | + | subdividing lots shall provide for the issuance of building permits on | |
| 342 | + | platted lots divided into not more than two tracts without having to replat | |
| 343 | + | such lots. Such regulations also may authorize and establish conditions for | |
| 344 | + | the issuance of building permits on lots divided into three or more tracts | |
| 345 | + | without having to replat such lots. Such regulations shall provide that lots | |
| 346 | + | zoned for industrial purposes may be divided into two or more tracts | |
| 347 | + | without replatting such lot. Such regulations shall contain a procedure for | |
| 348 | + | issuance of building or zoning permits on divided lots, which shall take | |
| 349 | + | into account the need for adequate street rights-of-way, easements, | |
| 350 | + | improvement of public facilities, and zoning regulations if in existence. | |
| 351 | + | (g) The regulations shall provide for a procedure which that specifies | |
| 352 | + | a time limit within which action shall be taken that shall be subject to the | |
| 353 | + | requirements of sections 2 and 3, and amendments thereto, and shall | |
| 354 | + | further provide, where applicable, for the final decision on the issuance of | |
| 355 | + | such building permit to be made by the governing body, except as may be | |
| 356 | + | provided by law. | |
| 357 | + | (h) The register of deeds shall not file any plat until such plat shall | |
| 358 | + | bear the endorsement hereinbefore provided as provided by subsection (b) | |
| 359 | + | and the land dedicated for public purposes has been accepted by the | |
| 360 | + | governing body. | |
| 361 | + | Sec. 5. K.S.A. 12-759 is hereby amended to read as follows: 12-759. | |
| 362 | + | (a) Any governing body which that has enacted a zoning ordinance or | |
| 363 | + | resolution shall create a board of zoning appeals by adoption of the | |
| 364 | + | appropriate ordinance or resolution. Such board shall consist of not less | |
| 365 | + | than three nor more than seven members. If a city enacts zoning | |
| 366 | + | regulations which that affect land outside the corporate limits of such city, | |
| 367 | + | at least one member of the board shall be a resident of the area outside the | |
| 368 | + | city's limits. The members first appointed shall serve respectively for terms | |
| 369 | + | of one, two and three years, divided equally or as nearly equally as | |
| 370 | + | possible among the members. Thereafter the terms of the members may be | |
| 371 | + | changed to either three or four years, whichever is deemed to be in the best | |
| 372 | + | interest of the city or county. Vacancies shall be filled by appointment for | |
| 373 | + | the unexpired terms. The members of such board shall serve without | |
| 374 | + | compensation. The board annually shall elect one of its members as | |
| 375 | + | chairperson, and shall appoint a secretary who may be an officer or an | |
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| 419 | + | employee of the city or county. The board shall adopt rules in accordance | |
| 420 | + | with the provisions of the ordinance or resolution creating the board. | |
| 421 | + | Meetings of the board shall be held at the call of the chairperson and at | |
| 422 | + | such other times as the board may determine. The board shall keep | |
| 423 | + | minutes of its proceedings, showing evidence presented, findings of fact | |
| 424 | + | by the board, decisions of the board and the vote upon each question. | |
| 425 | + | Records of all official actions of the board shall be filed in its office and | |
| 426 | + | shall be a public record. The governing body, in the ordinance or | |
| 427 | + | resolution creating such board, may establish a scale of reasonable fees to | |
| 428 | + | be paid in advance by the party appealing. Any two or more cities or | |
| 429 | + | counties which that have established a joint planning commission may | |
| 430 | + | establish a joint board of zoning appeals. | |
| 431 | + | (b) Any board of zoning appeals in existence on the effective date of | |
| 432 | + | this act shall continue in existence, but shall be governed by the provisions | |
| 433 | + | of this act. | |
| 434 | + | (c) The board of zoning appeals shall administer the details of appeals | |
| 435 | + | from or other matters referred to it regarding the application of the zoning | |
| 436 | + | ordinance or resolution as hereinafter provided. The board shall fix a | |
| 437 | + | reasonable time for the hearing of an appeal or any other matter referred to | |
| 438 | + | it. Notice of the time, place and subject of such hearing shall be published | |
| 439 | + | once in the official city newspaper in the case of a city and in the official | |
| 440 | + | county newspaper in the case of a county at least 20 days prior to the date | |
| 441 | + | fixed for hearing. Such notice shall also be provided at such time on the | |
| 442 | + | website of the city or county, if the city or county has a website. A copy of | |
| 443 | + | the notice shall be mailed to each party to the appeal and to the appropriate | |
| 444 | + | planning commission. | |
| 445 | + | (d) Appeals to the board of zoning appeals may be taken by any | |
| 446 | + | person aggrieved, or by any officer of the city, county or any governmental | |
| 447 | + | agency or body affected by any decision of the officer administering the | |
| 448 | + | provisions of the zoning ordinance or resolution. Such appeal shall be | |
| 449 | + | taken within a reasonable time as provided by the rules of the board, by | |
| 450 | + | filing a notice of appeal specifying the grounds thereof and the payment of | |
| 451 | + | the fee required therefor. The officer from whom the appeal is taken, when | |
| 452 | + | notified by the board or its agent, shall transmit to the board all the papers | |
| 453 | + | constituting the record upon which the action appealed from was taken. | |
| 454 | + | The board shall have power to hear and decide appeals where it is alleged | |
| 455 | + | there is error in any order, requirement, decision or determination made by | |
| 456 | + | an administrative official in the enforcement of the zoning ordinance or | |
| 457 | + | resolution. In exercising the foregoing powers, the board, in conformity | |
| 458 | + | with the provisions of this act, may reverse or affirm, wholly or partly, or | |
| 459 | + | may modify the order, requirement, decision, or determination, and to that | |
| 460 | + | end shall have all the powers of the officer from whom the appeal is taken, | |
| 461 | + | may attach appropriate conditions, and may issue or direct the issuance of | |
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| 505 | + | a permit. | |
| 506 | + | (e) When deemed necessary by the board of zoning appeals, the | |
| 507 | + | board may grant variances and exceptions from the zoning regulations on | |
| 508 | + | the following basis and in the manner hereinafter provided: | |
| 509 | + | (1) To authorize in specific cases a variance from the specific terms | |
| 510 | + | of the regulations which that will not be contrary to the public interest and | |
| 511 | + | where, due to special conditions, a literal enforcement of the provisions of | |
| 512 | + | the regulations, in an individual case, results in unnecessary hardship, and | |
| 513 | + | provided that the spirit of the regulations shall be observed, public safety | |
| 514 | + | and welfare secured, and substantial justice done. Such variance shall not | |
| 515 | + | permit any use not permitted by the zoning regulations in such district. A | |
| 516 | + | request for a variance may be granted in such case, upon a finding by the | |
| 517 | + | board that all of the following conditions have been met: | |
| 518 | + | (A) That the variance requested arises from such condition which | |
| 519 | + | that is unique to the property in question and which is not ordinarily found | |
| 520 | + | in the same zone or district; and is not created by an action or actions of | |
| 521 | + | the property owner or the applicant; | |
| 522 | + | (B) that the granting of the permit for the variance will not adversely | |
| 523 | + | affect the rights of adjacent property owners or residents; | |
| 524 | + | (C) that the strict application of the provisions of the zoning | |
| 525 | + | regulations of which variance is requested will constitute unnecessary | |
| 526 | + | hardship upon the property owner represented in the application; | |
| 527 | + | (D) that the variance desired will not adversely affect the public | |
| 528 | + | health, safety, morals, order, convenience, prosperity, or general welfare; | |
| 529 | + | and | |
| 530 | + | (E) that granting the variance desired will not be opposed to the | |
| 531 | + | general spirit and intent of the zoning regulations; and | |
| 532 | + | (2) to grant exceptions to the provisions of the zoning regulation in | |
| 533 | + | those instances where the board is specifically authorized to grant such | |
| 534 | + | exceptions and only under the terms of the zoning regulation. In no event | |
| 535 | + | shall exceptions to the provisions of the zoning regulation be granted | |
| 536 | + | where the use or exception contemplated is not specifically listed as an | |
| 537 | + | exception in the zoning regulation. Further, under no conditions shall the | |
| 538 | + | board of zoning appeals have the power to grant an exception when | |
| 539 | + | conditions of this exception, as established in the zoning regulation by the | |
| 540 | + | governing body, are not found to be present. | |
| 541 | + | (f) Any person, official or governmental agency dissatisfied with any | |
| 542 | + | order or determination of the board, including a decision deemed to have | |
| 543 | + | been made pursuant to section 3, and amendments thereto, may bring an | |
| 544 | + | action in the district court of the county to determine the reasonableness of | |
| 545 | + | any such order or determination. Such appeal shall be filed within 30 days | |
| 546 | + | of the final decision of the board. | |
| 547 | + | (g) A planning commission also may be designated as a board of | |
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| 591 | + | zoning appeals under this section. | |
| 592 | + | (h) The provisions of this section shall become effective on and after | |
| 593 | + | January 1, 1992 the fast-track permits act, sections 1 through 3, and | |
| 594 | + | amendments thereto, shall apply to this section. | |
| 595 | + | Sec. 6. K.S.A. 12-752 and 12-759 are hereby repealed. | |
| 596 | + | Sec. 7. This act shall take effect and be in force from and after its | |
| 139 | 597 | publication in the statute book. | |
| 140 | - | I hereby certify that the above BILL originated in the House, and passed | |
| 141 | - | that body | |
| 142 | - | HOUSE concurred in | |
| 143 | - | SENATE amendments __________________________________________________________________ | |
| 144 | - | ||
| 145 | - | Speaker of the House. | |
| 146 | - | ||
| 147 | - | Chief Clerk of the House. | |
| 148 | - | ||
| 149 | - | Passed the SENATE | |
| 150 | - | as amended | |
| 151 | - | ||
| 152 | - | President of the Senate. | |
| 153 | - | ||
| 154 | - | ||
| 155 | - | Secretary of the Senate. | |
| 156 | - | APPROVED ______________________________________________________________________________ | |
| 157 | - | ||
| 158 | - | Governor. | |
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