Kentucky HB 617

Create a new section of KRS Chapter 100 to define "qualifying planning unit," "qualifying residential development," "small lot," "service document," and "transitional buffer"; prohibit a qualifying planning unit from establishing certain restrictions on a qualifying residential development or small lot; allow a qualifying planning unit to adopt generally applicable regulations related to specified environmental features, and other matters for which a planning unit is authorized to regulate; establish that there is no effect on property owner's associations; establish a cause of action and recovery costs and awarding of attorney's fees if successful; establish limitations on when a qualifying planning unit may deny a development; allow a developer to modify and resubmit development plans after a denial; require a qualifying planning unit alleging substantial negative impacts to articulate those impacts and demonstrate them under clear and convincing evidentiary standard; establish a cause of action by a developer to bring suit for a development plan denial; permit a local government to require a transitional buffer between existing development and a qualifying residential development; create a new section of KRS Chapter 100 to prohibit a planning unit from adopting certain space requirements for parking; direct that the prohibition does not alleviate responsibility to provide accessible parking; allow a planning unit to deny a development if there would be substantial negative impacts; allow a developer to modify and resubmit plans to remediate negative impacts; require a planning unit alleging substantial negative impacts to articulate those impacts and demonstrate them under clear and convincing evidentiary standard; establish a cause of action by a developer for a denial due to a substantial negative impact; create a new section of KRS Chapter 100 to define "mixed-use residential development," "multifamily residential development," and "qualifying planning unit"; direct that in a qualifying planning unit mixed-use and multifamily developments are permitted use in commercial zones; prohibit a qualifying planning unit from imposing requirements on those developments more restrictive than other uses in the zone or to have certain parking requirements; EFFECTIVE July 1, 2027.