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H0296......................................................by STATE AFFAIRS
PROPERTY - IMPROVEMENTS - Adds to existing law to prohibit a city or county
from enacting any ordinance or resolution depriving an owner of the right
to use improvements on private property for their designed purpose based
solely on the nonuse of the improvements; to provide for declaration of
intention with respect to the continued nonuse of the improvements for a
period in excess of one year; to provide requirements for the continued
nonuse of the property; to provide for a voluntary withdrawal of the use;
to provide for abandonment of the grandfather right to the use if the
property is redesigned for a different use; to provide a definition; and to
provide that the provisions of the section shall not be construed to
prohibit a city or county from passing or enforcing other laws or
ordinances for the protection of the public health, safety or welfare.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Tippets, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Crow, Gould, Pischner, Trail
Floor Sponsor - Callister
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Loc Gov
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
Rules susp - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Thorne
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 292
Effective: 07/01/99
H0296|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 296 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE LOCAL LAND USE PLANNING ACT; AMENDING CHAPTER 65, TITLE 67, 3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-6538, IDAHO CODE, TO PRO- 4 HIBIT A CITY OR COUNTY FROM ENACTING ANY ORDINANCE OR RESOLUTION DEPRIVING 5 AN OWNER OF THE RIGHT TO USE IMPROVEMENTS ON PRIVATE PROPERTY FOR THEIR 6 DESIGNED PURPOSE BASED SOLELY ON THE NONUSE OF THE IMPROVEMENTS, TO PRO- 7 VIDE FOR A DECLARATION OF INTENTION WITH RESPECT TO THE CONTINUED NONUSE 8 OF THE IMPROVEMENTS FOR A PERIOD IN EXCESS OF ONE YEAR, TO PROVIDE 9 REQUIREMENTS FOR THE CONTINUED NONUSE OF THE PROPERTY, TO PROVIDE FOR A 10 VOLUNTARY WITHDRAWAL OF THE USE, TO PROVIDE FOR ABANDONMENT OF THE GRAND- 11 FATHER RIGHT TO THE USE IF THE PROPERTY IS REDESIGNED FOR A DIFFERENT USE, 12 TO PROVIDE A DEFINITION AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION 13 SHALL NOT BE CONSTRUED TO PROHIBIT A CITY OR COUNTY FROM PASSING OR 14 ENFORCING OTHER LAWS OR ORDINANCES FOR THE PROTECTION OF THE PUBLIC 15 HEALTH, SAFETY OR WELFARE. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Chapter 65, Title 67, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION , to be 19 known and designated as Section 67-6538, Idaho Code, and to read as follows: 20 67-6538. USE FOR DESIGNED PURPOSE PROTECTED -- WHEN VACANCY OCCURS. (1) 21 No rights or authority granted pursuant to this chapter shall be construed to 22 empower a city or county to enact any ordinance or resolution which deprives 23 an owner of the right to use improvements on private property for their 24 designed purpose based solely on the nonuse of the improvements for their 25 designed purpose for a period of ten (10) years or less. Where an owner or 26 his authorized agent permits or allows an approved or unlawful intervening use 27 of the owner's property, the provisions of this section are not applicable. 28 (2) If the nonuse continues for a period of one (1) year or longer, the 29 city or county may, by written request, require that the owner declare his 30 intention with respect to the continued nonuse of the improvements in writing 31 within twenty-eight (28) days of receipt of the request. If the owner elects 32 to continue the nonuse, he shall notify the city or county in writing of his 33 intention and shall post the property with notice of his intent to continue 34 the nonuse of the improvements. He shall also publish notice of his intent to 35 continue the nonuse in a newspaper of general circulation in the county where 36 the property is located. If the property owner complies with the requirements 37 of this subsection, his right to use such improvements in the future for 38 their designed purpose shall continue, notwithstanding any change in the zon- 39 ing of the property. 40 (3) The property owner may voluntarily elect to withdraw the use by fil- 41 ing with the clerk of the city or the county, as the case may be, an affidavit 42 of withdrawn use. If the property is redesigned for a different use, the 43 property owner shall be deemed to have abandoned any grandfather right to the 2 1 prior use of the property. 2 (4) For purposes of this section "designed purpose" means the use for 3 which the improvements were originally intended, designed and approved pursu- 4 ant to any applicable planning and zoning ordinances. 5 (5) The provisions of this section shall not be construed to prohibit a 6 city or a county from passing or enforcing any other law or ordinance for the 7 protection of the public health, safety and welfare.
STATEMENT OF PURPOSE
RS08930C2
To clarify that vacancy is not the sole determinant of abandonment and to provide a method of notice of property owners intent.
FISCAL NOTE
None
CONTACT: Rep. David Callister
208-332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 296