{"data":{"id":"us-ky/krs-100.322","jurisdiction":"us-ky","citation":"KRS 100.322","heading":"Definitions for section -- Affordable housing developed by religious","body":"institutions -- Applicability of chapter -- Requirements.\n(1) As used in this section:\n(a) \"Affordable housing\" means a residential dwelling unit reserved for a\nhousehold whose income does not exceed eighty percent (80%) of the median\nincome for the area as set out by the United States Department of Housing and\nUrban Development;\n(b) \"Homeless shelter\" means a facility used primarily to provide temporary\nshelter, including d ay shelters, overnight shelters, or temporary cooling or\nwarming shelters, for the homeless, and which may provide:\n1. Overnight sleeping accommodations;\n2. Meals; and\n3. Ancillary social, educational, or health services;\n(c) \"Religious developer\" means a religious institution or any property developer\nworking on behalf of a religious institution; and\n(d) \"Religious institution\" means a bona fide church, religious denomination, or\nreligious organization, determined by the Internal Revenue Service to be tax\nexempt pursuant to Section 501(c)(3) of the Internal Revenue Code.\n(2) Affordable housing developed by a religious developer shall be considered a\npermitted use and shall not be subject to permitting, review, or other regulation\nunder this chapter, except for ministerial review by a planning unit for compliance\nwith the following requirements:\n(a) The development is located on property owned by the religious institution;\n(b) The property where the development is to be located was purchased by the\nreligious institution prior to January 1, 2026, and owned by the religious\ninstitution thro ughout the duration of the obligation in paragraph (g) of this\nsubsection;\n(c) The development exclusively contains affordable housing;\n(d) The property where the development is to be located:\n1. Is on a parcel in a commercial or business zone;\n2. Is on a parcel in a residential zone that is adjacent to a road classified as\npart of the state primary road system pursuant to KRS 177.020 and is\nadjacent to a parcel in a commercial, business, or industrial zone; or\n3. Contains a structure that was used as a school prior to July 15, 2026, and\nthe development is for the conversion of that structure into affordable\nhousing;\n(e) The development contains twenty-four (24) or fewer units;\n(f) The development would not lead to more than twenty -four (24) affordable\nhousing units being located on that parcel, any contiguous parcel owned by\nthe religious institution, or cumulatively on parcels owned by the religious\ninstitution within one-half (1/2) mile of the development;\n(g) The obligation that units developed pursuant t o this section are affordable in\naccordance with paragraph (c) of this subsection shall:\n1. Remain in place for a period of fifteen (15) years from the date of the\ncertificate of occupancy or, if a certificate of occupancy is not required,\nfrom the date of the final building permit inspection; and\n2. Be recorded in a legally binding agreement or deed restriction.\nThe religious developer shall submit an annual report to the certifying\nplanning unit that the requirements of this paragraph are met for the pro perty;\nand\n(h) The religious developer has obtained all other permits, including building\npermits, as required by law.\n(3) If a development established pursuant to this section no longer meets the\nrequirements in subsection (2) of this section, the propert y owner shall seek all\napprovals for the development from the planning unit that would be required for a\ndeveloper that did not qualify for ministerial review under this section.\n(4) The Kentucky Housing Corporation may provide technical and advisory resou rces\nto a religious developer to assist with the development and management of an\naffordable housing development under this section.\n(5) A religious institution that seeks to privately operate a homeless shelter designed to\nprovide temporary living accommo dations or a temporary cooling or warming\ncenter during extreme weather events shall be considered a permitted use in all\ncommercial, business, or industrial zones if the religious institution has obtained all\nother permits required by law.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57299","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:04Z","sha256":"a4ea383e98bc53e383035763d6e2946c4db50b8e6c69795c9f3c1bf28dccb123","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.321","next":"us-ky/krs-100.324"},"notice":"GroundRules: Original legal text. Not legal advice."}