Local unelected zoning boards would no longer have the power to approve multi-family, high-density developments in areas zoned for single-family homes under a Kentucky bill that passed through a committee vote Tuesday morning.
Bill sponsor Rep. John Hodgson from Fisherville said his district, a suburban part of Louisville, has seen high-density housing developments straining suburban areas “to the breaking point and fundamentally changing the quiet character of the existing neighborhoods forever.”
Multi-family housing units that increase traffic and emergency service response times would require the local legislative body to weigh in, not a local zoning and planning commission, under House Bill 18. Zoning and planning commissions are generally appointed and/or confirmed by elected officials in Kentucky.
“This additional housing density downgrades traffic and congestion to unacceptable and unsafe levels with no requirement to address the infrastructure and no vote of elected officials who have heard the concerns of the property owners,” Hodgson said.
State legislative leaders on both sides of the aisle have said one of their top priorities is addressing the state’s affordable housing shortage, pointing to a housing unit shortfall of more than 206,000 units. HB 18 appears to be an attempt to slow down and require further consideration of housing units rather than encourage more.
The bill would also block property owners from leasing if their property contains a single-family home in a traditionally single-family home zone, unless the owner lives on the property. The legislation would also block a property owner from leasing additional “accessory” housing units on their property or cutting up an existing single family home into separate units unless they too, live there.
Finally, the legislation would continue a moratorium that keeps Louisville from creating any zoning code changes for another two years; the existing ban was put in place last year and is set to expire in April. It expressly prohibits zoning changes to increase residential density.
Tony Curtis with the Metropolitan Housing Coalition in Louisville said the moratorium has presented a barrier, blocking the city from implementing needed reforms to increase mixed housing and build more units.
“There is an inherent fear in our community of multifamily housing and of density of any type, and that's a problem,” Curtis said. “It is preventing people from accessing housing. Homelessness is a huge problem in our community.”
The bill faced opposition from some Democrats and Republicans who felt it did not align with the state legislature’s goals to expand affordable housing in the state by reducing regulations. GOP Rep. Savannah Maddox from Dry Ridge and Rep. Steven Doan from Erlanger voted against the bill.
After the hearing, Doan said he generally opposes zoning regulations, and doesn’t believe the bill would do anything to increase housing. Last year, Doan proposed a bill that would override certain local planning and zoning rules to allow more units on individual lots; the bill didn’t get a hearing.
“If that's the argument being made, that zoning boards are the problem, then why not address the problem instead of creating regulations or creating law that would prevent increased housing?” Doan said. “I'm a fan of getting rid of pretty much most zoning.”
Democratic Rep. Sarah Stalker from Louisville voted against the measure, saying it is an overreach by the General Assembly.
“If we continue to put restrictions, particularly from the state doing that to the local level — which is concerning — I don't know how we're ever going to get across the finish line and build more housing,” Stalker said. “I think density is the key.”
More housing bills
Several other bills proposed this legislative session would create loopholes or soften zoning regulations to support affordable housing. Mount Vernon Republican Rep. Josh Bray, who voted in favor of House Bill 18, proposed priority legislation that would allow local governments to create “housing development districts,” areas where planning and zoning rules don’t apply.
Louisville GOP Rep. Susan Witten, who also voted in favor of the bill, is sponsoring legislation that would stop local governments from treating manufactured homes differently from single-family ones in zoning rules.
“I deeply understand our importance for the need for housing,” Witten said. “I also understand the need to take into account current infrastructure to protect our existing constituents. This bill adds those guardrails.”
Liam Gallagher, the legislative director for Americans for Prosperity in Kentucky, testified against the bill. He said the conservative political advocacy group could not support legislation that would create more “cumbersome zoning requirements.” He also expressed concern with the limitations on how property owners can lease out their homes and property.
“This legislation includes owner occupancy requirements on single family homes with accessory dwelling units,” Gallagher said. “This requirement interferes with property owners' rights to reasonably use their property as they see fit.”
Curtis said he believes the legislation may be aimed at weakening Louisville’s mixed residential development incentives, which allow developers to put in mixed housing in single-family zone properties without Metro Council approval as long as they meet certain standards, including affordable housing requirements.
The legislation will now head to the floor, where it would have to pass a vote of the full House of Representatives.
State government and politics reporting is supported in part by the Corporation for Public Broadcasting.
