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S1201......................................................by STATE AFFAIRS
LAND USE PLANNING ACT - Amends existing law relating the Local Land Use
Planning Act to provide clarifying terminology and correct nomenclature; to
delete obsolete references; to clarify procedures; to provide legislative
intent as to judicial review of local land use planning decisions; and to
provide additional technical corrections and housekeeping changes.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
03/02 Rpt out - to 14th Ord
Rpt out w/o amen - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 27-6-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Frasure, Geddes, Hawkins, Ingram,
Ipsen, King, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy,
Sorensen, Stegner, Thorne, Twiggs, Wheeler
NAYS--Dunklin, Keough, Noh, Schroeder, Stennett, Whitworth
Absent and excused--Deide, Parry
Floor Sponsor - Danielson
Title apvd - to House
03/10 House intro - 1st rdg - to Loc Gov
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 38-28-4
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Callister,
Chase, Clark, Field(20), Gagner, Hammond, Hansen(23), Hornbeck,
Jaquet, Kellogg, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
McKague, Meyer(Duncan), Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Sali, Sellman, Smylie, Stevenson, Stone, Taylor, Watson, Wheeler,
Zimmermann
NAYS -- Bieter, Bruneel, Crow, Deal, Denney, Ellsworth, Field(13),
Geddes, Gould, Hadley, Hansen(29), Henbest, Jones, Judd, Kempton,
Kendell, Kunz, Montgomery, Mortensen, Ringo, Robison, Schaefer,
Smith, Stoicheff, Tippets, Trail, Wood, Mr Speaker
Absent and excused -- Campbell, Cuddy, Tilman, Williams
Floor Sponsor - Clark, Duncan
Title apvd - to Senate - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/29 Governor signed
Session Law Chapter 396
Effective: 07/01/99
S1201|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1201 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE LOCAL LAND USE PLANNING ACT; AMENDING SECTION 67-6501, IDAHO 3 CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 67-6502, IDAHO CODE, 4 TO DELETE REFERENCES TO ENHANCEMENT OF PROPERTY VALUES, THE STATE AND 5 LOCAL ECONOMY AND ENVIRONMENTAL FEATURES FROM THE PURPOSE OF THE ACT; 6 AMENDING SECTION 67-6504, IDAHO CODE, TO CLARIFY THAT A GOVERNING BOARD 7 NEED NOT FOLLOW THE PROCEDURAL REQUIREMENTS FOR PLANNING AND ZONING COM- 8 MISSIONS IF IT EXERCISES THE POWERS REQUIRED AND AUTHORIZED BY THE CHAP- 9 TER, TO CLARIFY THAT A PLANNING AND ZONING COMMISSION MAY NOT FINALLY 10 APPROVE LAND SUBDIVISIONS, TO CLARIFY TERMINOLOGY, TO PROVIDE THAT A 11 MAJORITY OF CURRENTLY-APPOINTED VOTING MEMBERS OF THE COMMISSION SHALL 12 CONSTITUTE A QUORUM, TO CLARIFY THAT COMMISSION FUND RECEIPTS AND EXPENDI- 13 TURES ARE TO PROCEED THROUGH THE LEGALLY REQUIRED BUDGETARY PROCESS AND TO 14 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-6506, IDAHO CODE, TO SPEC- 15 IFY THAT A MEMBER OF A GOVERNING BOARD OR A PLANNING AND ZONING COMMISSION 16 WITH A CONFLICT OF INTEREST MAY NOT PARTICIPATE IN THE DECISION-MAKING 17 PROCESS, TO SPECIFY THE CONDUCT IN WHICH THE MEMBER MAY ENGAGE AND TO MAKE 18 A TECHNICAL CORRECTION; AMENDING SECTION 67-6509, IDAHO CODE, TO PROVIDE 19 THAT IF THE PLANNING AND ZONING COMMISSION RECOMMENDS A CHANGE TO A PRO- 20 POSED AMENDMENT TO THE COMPREHENSIVE PLAN IT SHALL GIVE NOTICE OF ITS REC- 21 OMMENDATION AND CONDUCT ANOTHER PUBLIC HEARING IF THE GOVERNING BOARD WILL 22 NOT CONDUCT A SUBSEQUENT PUBLIC HEARING OR IF THE GOVERNING BOARD WILL 23 CONDUCT A HEARING, NOTICE OF THE COMMISSION'S RECOMMENDATION SHALL BE 24 INCLUDED IN THE NOTICE PROVIDED BY THE GOVERNING BOARD, TO PROVIDE FOR AN 25 OPTIONAL PUBLIC HEARING BY THE GOVERNING BOARD IN ADDITION TO THE HEARING 26 CONDUCTED BY THE COMMISSION, TO PROVIDE FOR A HEARING IF THE GOVERNING 27 BOARD MAKES A MATERIAL CHANGE IN THE COMMISSION'S RECOMMENDATION, TO PRO- 28 VIDE CLARIFYING TERMINOLOGY, TO PROVIDE FOR ENACTMENT OR AMENDMENT OF A 29 PLAN BY RESOLUTION, TO PROVIDE THAT A COMMISSION MAY RECOMMEND AMENDMENTS 30 TO THE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN ONLY ONCE EVERY 31 SIX MONTHS AND MAY RECOMMEND AMENDMENTS TO THE TEXT OF THE PLAN AT ANY 32 TIME; AMENDING SECTION 67-6509A, IDAHO CODE, TO AUTHORIZE AMENDMENT OF THE 33 PLAN BY RESOLUTION FOR SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS 34 AND TO PROVIDE A CORRECT CITATION; AMENDING SECTION 67-6509B, IDAHO CODE, 35 TO DELETE INCORRECT TERMINOLOGY, TO REMOVE THE REFERENCE TO COMMON OWNER- 36 SHIP OF LAND IN THE DEFINITION OF A MANUFACTURED HOUSING COMMUNITY AND TO 37 PROVIDE CORRECT NOMENCLATURE; AMENDING SECTION 67-6511, IDAHO CODE, TO 38 PROVIDE CLARIFYING LANGUAGE, TO PROVIDE THE INFORMATION TO BE CONSIDERED 39 BY THE PLANNING AND ZONING COMMISSION AND THE GOVERNING BOARD IN CONSIDER- 40 ING AMENDMENTS TO A ZONING ORDINANCE, TO PROVIDE FOR PUBLICATION OF NOTICE 41 IN ADDITION TO SITE POSTING IN THE CASE OF A ZONING DISTRICT BOUNDARY 42 CHANGE IN THE ABSENCE OF A LOCALLY ADOPTED ALTERNATIVE NOTICE PROCEDURE, 43 TO PROVIDE THE ACTIONS TO BE TAKEN BY THE GOVERNING BOARD IF A REQUEST FOR 44 A ZONING ORDINANCE AMENDMENT IS IN CONFLICT WITH THE ADOPTED PLAN OR 45 ADVERSELY IMPACTS SERVICE DELIVERY AND TO MAKE A TECHNICAL CORRECTION; 46 AMENDING SECTION 67-6511A, IDAHO CODE, TO PROVIDE CORRECT NOMENCLATURE AND 2 1 TO REQUIRE A PUBLIC HEARING FOR MODIFICATION OR TERMINATION OF A CONDI- 2 TIONAL COMMITMENT; AMENDING SECTION 67-6512, IDAHO CODE, TO PROVIDE FOR 3 GRANTING OF A SPECIAL USE PERMIT IF THE PROPOSED USE IS CONDITIONALLY PER- 4 MITTED BY THE ORDINANCE, TO PROVIDE FOR PUBLICATION OF NOTICE IN ADDITION 5 TO SITE POSTING IN THE ABSENCE OF A LOCALLY ADOPTED ALTERNATIVE NOTICE 6 PROCEDURE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-6513, 7 IDAHO CODE, TO REQUIRE THAT FEES ESTABLISHED FOR PURPOSES OF MITIGATING 8 THE FINANCIAL IMPACTS OF DEVELOPMENT MUST COMPLY WITH CHAPTER 82, TITLE 9 67, IDAHO CODE; AMENDING SECTION 67-6515, IDAHO CODE, TO PROVIDE THAT 10 PLANNED UNIT DEVELOPMENTS MAY BE PERMITTED PURSUANT TO PROCEDURES FOR 11 PROCESSING APPLICATIONS FOR SPECIAL USE PERMITS; AMENDING SECTION 67-6516, 12 IDAHO CODE, TO PROVIDE THAT A VARIANCE IS A MODIFICATION OF THE BULK AND 13 PLACEMENT REQUIREMENTS OF A ZONING ORDINANCE AND TO MAKE TECHNICAL CORREC- 14 TIONS; AMENDING SECTION 67-6520, IDAHO CODE, TO CLARIFY THE AUTHORITY OF A 15 HEARING EXAMINER; AMENDING SECTION 67-6527, IDAHO CODE, TO PROVIDE THAT A 16 GOVERNING BOARD MAY DECLARE IT A MISDEMEANOR TO VIOLATE A LAND USE ORDI- 17 NANCE OR REGULATION AND MAY PROVIDE FOR INFRACTION PENALTIES AND TO MAKE A 18 TECHNICAL CORRECTION; AMENDING SECTION 67-6534, IDAHO CODE, TO AUTHORIZE 19 ADOPTION OF PROCEDURES FOR PUBLIC HEARINGS BY RESOLUTION AND TO SPECIFY 20 THE MINIMUM REQUIREMENTS FOR HEARING PROCEDURES; AMENDING SECTION 67-6535, 21 IDAHO CODE, TO PROVIDE FOR A REASONED STATEMENT APPROVING OR DENYING AN 22 APPLICATION WHICH EXPLAINS THE RELEVANT STANDARDS, RELEVANT CONTESTED 23 FACTS RELIED UPON AND EXPLAINS THE RATIONALE FOR THE DECISION BASED ON THE 24 COMPREHENSIVE PLAN, ORDINANCE AND STATUTORY PROVISIONS, CONSTITUTIONAL 25 PRINCIPLES AND FACTUAL INFORMATION IN THE RECORD, TO PROVIDE LEGISLATIVE 26 INTENT CONCERNING THE MATTERS TO BE CONSIDERED BY THE COURTS IN REVIEWING 27 DECISIONS AND TO PROVIDE THAT ENTITLEMENT TO A REMEDY OR REVERSAL OF A 28 DECISION SHALL REQUIRE ACTUAL HARM OR VIOLATION OF FUNDAMENTAL RIGHTS; AND 29 AMENDING SECTION 67-6536, IDAHO CODE, TO SPECIFY THE PROCEEDING FOR WHICH 30 A TRANSCRIBABLE VERBATIM RECORD MUST BE MAINTAINED. 31 Be It Enacted by the Legislature of the State of Idaho: 32 SECTION 1. That Section 67-6501, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 67-6501. SHORT TITLE. This act shall be known as the "Local Land Use 35 Planning Act ."of 1975."36 SECTION 2. That Section 67-6502, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 67-6502. PURPOSE. The purpose of this act shall be to promote the health, 39 safety, and general welfare of the people of the state of Idaho as follows: 40 (a) To protect property rightsand enhance property values41 while making accommodations for other necessary types of development such as 42 low-cost housing and mobile home parks. 43 (b) To ensure that adequate public facilities and services are provided 44 to the people at reasonable cost. 45 (c) To ensure that the economy of the state and localities is 46 protected .and enhanced.47 (d) To ensure that the important environmental features of the state and 48 localities are protected .and enhanced.49 (e) To encourage the protection of prime agricultural, forestry, and min- 50 ing lands for production of food, fibre, and minerals. 3 1 (f) To encourage urban and urban-type development within incorporated 2 cities. 3 (g) To avoid undue concentration of population and overcrowding of land. 4 (h) To ensure that the development on land is commensurate with the phys- 5 ical characteristics of the land. 6 (i) To protect life and property in areas subject to natural hazards and 7 disasters. 8 (j) To protect fish, wildlife, and recreation resources. 9 (k) To avoid undue water and air pollution. 10 (l) To allow local school districts to participate in the community plan- 11 ning and development process so as to address public school needs and impacts 12 on an ongoing basis. 13 SECTION 3. That Section 67-6504, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-6504. PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP -- 16 ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city council or 17 board of county commissioners, hereafter referred to as a governing board, may 18 exercise all of the powers required and authorized by this chapter in accor- 19 dance with this chapter. If a governing board chooses to exercise the 20 powers required and authorized by this chapter it need not follow the proce- 21 dural requirements established hereby solely for planning and zoning commis- 22 sions. If a governing board does not elect to exercise the powers con- 23 ferred by this chapter, it shall establish by ordinance adopted, amended, or 24 repealed in accordance with the notice and hearing procedures provided in sec- 25 tion 67-6509, Idaho Code, a planning commission and a zoning commission or a 26 planning and zoning commission acting in both capacities, which may act with 27 the full authority of the governing board, excluding the authority to adopt 28 ordinances or to finally approve land subdivisions . The powers of 29 the board of county commissioners conferred by this chapter shall apply to the 30 unincorporated area of the county. Legally authorized planning, zoning, or 31 planning and zoning commissions existing prior to enactment of this chapter 32 shall be considered to be duly constituted under this chapter . 33unless changed in accordance with the notice and hearing procedures pro-34vided in section 67-6509, Idaho Code.Within this chapter use of 35 the term "planning and zoning commission" shall include the term "planning 36 commission," "zoning commission" and "planning and zoning commission." 37 (a) Membership -- Each commission shall consist of not less than three 38 (3) nor more than twelve (12) voting members, all appointed by a mayor or 39 chairman of the county board of commissioners and confirmed by majority vote 40 of the governing board. An appointed member of a commission must have resided 41 in the county for at least two (2) years prior to his appointment, and must 42 remain a resident of the county during his service on the commission. Not more 43 than one-third (1/3) of the members of any commission appointed by the chair- 44 man of the board of county commissioners may reside within an incorporated 45 city of fifteen hundred (1,500) or more population in the county. At least 46 one-half (1/2) of the members of any commission appointed by the chairman of 47 the board of county commissioners must reside outside the boundaries of any 48 city's area of impact. The ordinance establishing a commission to exercise the 49 powers under this chapter shall set forth the number of members to be 50 appointed. The term of office for members shall be not less than three (3) 51 years, nor more than six (6) years, and the length of term shall be prescribed 52 by ordinance. No person shall serve more than two (2) full consecutive terms. 53 Vacancies occurring otherwise than through the expiration of terms shall be 4 1 filled in the same manner as the original appointment. Members may be removed 2 for cause by a majority vote of the governing board. Members shall be selected 3 without respect to political affiliation and may receive such mileage and per 4 diem compensation as provided by the governing board. If a governing board 5 exercises these powers, its members shall be entitled to no additional mileage 6 or per diem compensation. 7 (b) Organization -- Each commission shall elect a chairman and create and 8 fill any other office that it may deem necessary. A commission may establish 9 subcommittees, advisory committees or neighborhood groups to advise and assist 10 in carrying out the responsibilities under this chapter. A commission may 11 appoint nonvoting ex officio advisors as may be deemed necessary. 12 (c) Rules, Records, and Meetings -- Written organization papers or13by-lawsbylaws consistent with this chapter and other laws 14 of the state for the transaction of business of the commission shall be 15 adopted. A record of meetings, hearings, resolutions, studies, findings, per- 16 mits, and actions taken shall be maintained. All meetings and records shall be 17 open to the public. At least one (1) regular meeting shall be held each month 18 for not less than nine (9) months in a year. A majority of currently- 19 appointed voting members of the commission shall constitute a quorum. 20 (d) Expenditures and Staff -- With approval of a governing board 21 through the legally required budgetary process , the commission may 22 receive and expend funds, goods, and services from the federal government or 23 agencies and instrumentalities of state or local governments or from civic and 24 private sources and may contract with these entities and provide information 25 and reports as necessary to secure aid. Expenditures by a commission shall be 26 within the amounts appropriated by a governing board. Within such limits, any 27 commission is authorized to hire or contract with employees and 28 technical advisors, including , but not limited to , 29 planners, engineers, architects, and legal assistants. 30 SECTION 4. That Section 67-6506, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-6506. CONFLICT OF INTEREST PROHIBITED. A governing board creating a 33 planning, zoning, or planning and zoning commission, or joint commission shall 34 provide that the area and interests within its jurisdiction are broadly repre- 35 sented on the commission. A member or employee of a governing board, commis- 36 sion, or joint commission shall not participate in any proceeding or action 37 when the member or employee or his employer, business partner, business,38associate, or any person related to him by affinity or consanguinity 39 within the second degree has an economic interest in the procedure or action. 40 Any actual or potential interest in any proceeding shall be disclosed at or 41 before any meeting at which the action is being heard or considered. For 42 purposes of this section the term "participation" means engaging in activities 43 which constitute deliberations pursuant to the open meeting act. No member of 44 a governing board or a planning and zoning commission with a conflict of 45 interest shall participate in any aspect of the decision-making process con- 46 cerning a matter involving the conflict of interest. A member with a conflict 47 of interest shall not be prohibited from testifying at, or presenting evidence 48 to, a public hearing or similar public process after acknowledging 49 nonparticipation in the matter due to a conflict of interest. A knowing 50 violation of this section shall be a misdemeanor. 51 SECTION 5. That Section 67-6509, Idaho Code, be, and the same is hereby 52 amended to read as follows: 5 1 67-6509. RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN. 2 (a) The planning or planning and zoning commission, prior to recommending the 3 plan, amendment, or repeal of the plan to the governing board, shall conduct 4 at least one (1) public hearing in which interested persons shall have an 5 opportunity to be heard. At least fifteen (15) days prior to the hearing, 6 notice of the time and place and a summary of the plan to be discussed shall 7 be published in the official newspaper or paper of general circulation within 8 the jurisdiction. The commission shall also make available a notice to other 9 papers, radio and television stations serving the jurisdiction for use as a 10 public service announcement. Notice of intent to adopt, repeal or amend the 11 plan shall be sent to all political subdivisions providing services within the 12 planning jurisdiction, including school districts, at least fifteen (15) days 13 prior to the public hearing scheduled by the commission. Following the commis- 14 sion hearing, if the commissionmakesrecommends a 15 material changein theto the proposed amendment to the 16 plan, furtherwhich was considered at the hearing, 17 it shall give noticeand hearing shall be provided before the18commission forwards the plan withof its proposed 19 recommendationtoand conduct another public hearing 20 concerning the matter if the governing board will not conduct a subsequent 21 public hearing concerning the proposed amendment. If the governing board will 22 conduct a subsequent public hearing, notice of the planning and zoning commis- 23 sion recommendation shall be included in the notice of public hearing provided 24 by the governing board. A record of the hearings, findings made, and 25 actions taken by the commission shall be maintained by the 26 city or county . 27 (b) The governing board, as provided by local ordinance, 28 prior to adoption, amendment, or repeal of the plan,shall29 may conduct at least one (1) public hearing , in addition to the 30 public hearing(s) conducted by the commission, using the same notice 31 and hearing procedures as the commission. The governing board shall not hold a 32 public hearing, give notice of a proposed hearing, nor take action upon the 33 plan, amendments, or repeal until recommendations have been received from the 34 commission. Followingthe hearing ofconsideration by 35 the governing board, if the governing board makes a material change in 36 the recommendation or alternative options contained in the recommenda- 37 tion by the commission concerning adoption, amendment or repeal of a 38 plan, further notice and hearing shall be provided before the governing 39 board adopts , amends or repeals the plan. 40 (c) No plan shall be effective unless adopted by resolutionor41ordinanceby the governing board. An ordinancereso- 42 lution enacting or amending a plan or part of a plan may 43 be adopted, amended, or repealed by definitive referenceas44provided for in sections 31-715 and 50-901, Idaho Code, three (3) copies of45whichto the specific plan document. A copy of the adopted or 46 amended plan shall accompany each adopting resolution and shall be 47 kept on file with the city clerk or county clerk. 48 (d) Any person may petition the commission or, in absence of a commis- 49 sion, the governing board, for a plan amendment at any time. The commission 50 may recommend amendments to the land use map component of the comprehen- 51 sive plan to the governing board not more frequently than 52 once every six (6) months .to correct errors in53the original plan or to recognize substantial changes in the actual conditions54in the area.The commission may recommend amendments to the text 55 of the comprehensive plan and to other ordinances authorized by this 6 1 chapter to the governing board at any time. 2 SECTION 6. That Section 67-6509A, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 67-6509A. SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE 5 AMENDED. (1)On or before July 1, 1996, bB y 6 resolution or ordinance adopted, amended or repealed in accordance with 7 the notice and hearing procedures provided under section 67-6509, Idaho Code, 8 each governing board shall amend its comprehensive plan and land use regula- 9 tions for all land zoned for single-family residential uses, except for lands 10 falling within an area defined as a historic district under section 67-4607, 11 Idaho Code, to allow for siting of manufactured homes as defined in section 12 39-4105(143 ), Idaho Code. 13 (2) Manufactured homes on individual lots zoned for single-family resi- 14 dential uses as provided in subsection (1) of this section shall be in addi- 15 tion to manufactured homes on lots within designated mobile home parks or man- 16 ufactured home subdivisions. 17 (3) This section shall not be construed as abrogating a recorded restric- 18 tive covenant. 19 (4) A governing board may adopt any or all of the following placement 20 standards, or any less restrictive standards, for the approval of manufactured 21 homes located outside mobile home parks: 22 (a) The manufactured home shall be multisectional and enclose a space of 23 not less than one thousand (1,000) square feet; 24 (b) The manufactured home shall be placed on an excavated and backfilled 25 foundation and enclosed at the perimeter such that the home is located not 26 more than twelve (12) inches above grade; 27 (c) The manufactured home shall have a pitched roof, except that no stan- 28 dards shall require a slope of greater than a nominal three (3) feet in 29 height for each twelve (12) feet in width; 30 (d) The manufactured home shall have exterior siding and roofing which in 31 color, material and appearance is similar to the exterior siding and 32 roofing material commonly used on residential dwellings within the commu- 33 nity or which is comparable to the predominant materials used on surround- 34 ing dwellings as determined by the local permit approval authority; 35 (e) The manufactured home shall have a garage or carport constructed of 36 like materials. A governing board may require an attached or detached gar- 37 age in lieu of a carport where such is consistent with the predominant 38 construction of immediately surrounding dwellings; 39 (f) In addition to the provisions of paragraphs (a) through (e) of this 40 subsection, a city or county may subject a manufactured home and the lot 41 upon which it is sited to any development standard, architectural require- 42 ment and minimum size requirements to which a conventional single-family 43 residential dwelling on the same lot would be subjected. 44 (5) Any approval standards, special conditions and the procedures for 45 approval adopted by a local government shall be clear and objective and shall 46 not have the effect, either in themselves or cumulatively, of discouraging 47 needed housing through unreasonable cost or delay. 48 SECTION 7. That Section 67-6509B, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 67-6509B. MANUFACTURED HOUSING COMMUNITY -- EQUAL TREATMENT REQUIRED. A 51 city or a county shall not adopt or enforce zoning, community development or 7 1 subdivisionregulations orordinancesprovi- 2 sions which disallow the plans and specifications of a manufactured 3 housing community solely because the housing within the community will be man- 4 ufactured housing. Applications for development of manufactured home communi- 5 ties shall be treated the same as those for site-built homes. For purposes of 6 this section, "manufactured housing community" means any site, lot or tract of 7 landunder common ownershipupon which ten (10) or more manufac- 8 tured homes may be sited. Thedevelopedmanufactured hous- 9 ing community may feature either fee simple land sales or land leased 10 or rented by the homeowner. 11 SECTION 8. That Section 67-6511, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-6511. ZONING ORDINANCE. Each governing board shall, by ordinance 14 adopted, amended, or repealed in accordance with the notice and hearing proce- 15 dures provided under section 67-6509, Idaho Code, establish within its juris- 16 diction one (1) or more zones or zoning districts where appropri- 17 ate. The zoning districts shall be in accordance with the policies set 18 forth in the adopted comprehensive plan. 19 Within a zoning district, the governing board shall where appropriate, 20 establish standards to regulate and restrict the height, number of stories, 21 size, construction, reconstruction, alteration, repair or use of buildings and 22 structures; percentage of lot occupancy, size of courts, yards, and open 23 spaces; density of population; and the location and use of buildings and 24 structures. All standards shall be uniform for each class or kind of buildings 25 throughout each district, but the standards in one (1) district may differ 26 from those in another district. 27 Ordinances establishing zoning districts shall be amended as follows: 28 (a) Requests for an amendment to the zoning ordinance shall be submitted 29 to the zoning or planning and zoning commission which shall evaluate the 30 request to determine the extent and nature of the amendment requested. Partic- 31 ular consideration shall be given to the effects of any proposed zone change 32 upon the delivery of services by any political subdivision providing public 33 services, including school districts, within the planning jurisdiction. 34 (b)If the request is in accordance withAfter consid- 35 ering theadoptedcomprehensive plan 36 and other evidence gathered through the public hearing process , the 37 zoning or planning and zoning commission may recommend and the governing board 38 may adopt or rejectthean ordinance amendment39underpursuant to the notice and hearing procedures pro- 40 vided in section 67-6509, Idaho Code, provided that in the case of a zoning 41 district boundary change, additional notice shall be provided by mail to prop- 42 erty owners or purchasers of record within the land being considered, and 43 within three hundred (300) feet of the external boundaries of the land being 44 considered, and any additional area that may be impacted by the proposed 45 change as determined by the commission. Notice shall also be posted on the 46 premises not less than one (1) week prior to the hearing. When notice is 47 required to two hundred (200) or more property owners or purchasers of record, 48 alternate forms of procedures which would provide adequate notice may be pro- 49 vided by local ordinance in lieu of posted or mailed notice. In the 50 absence of a locally adopted alternative notice procedure, sufficient notice 51 shall be deemed to have been provided if the city or county provides notice 52 through a display advertisement at least four (4) inches by two (2) columns in 53 size in the official newspaper of the city or county at least fifteen (15) 8 1 days prior to the hearing date, in addition to site posting on all external 2 boundaries of the site. 3 (c) If the request isnot in accordancefound by the 4 governing board to be in conflict with the adopted plan, or would 5 result in demonstrable adverse impacts upon the delivery of services by any 6 political subdivision providing public services, including school districts, 7 within the planning jurisdiction, the governing board may require the 8 requestshallto be submitted to the planning 9 or planning and zoning commission or, in absence of a commission, the govern- 10 ing board, which shall recommend and the governing boardmay 11adopt or rejectconsider an amendment to the 12 comprehensive planunderpursuant to the 13 notice and hearing procedures provided in section 67-6509, Idaho Code. After 14 the plan has been amended, the zoning ordinance may then beamended as15provided for underconsidered for amendment pursuant to 16 section 67-6511(b), Idaho Code. 17 (d) If a governing board adopts a zoning classification pursuant to a 18 request by a property owner based upon a valid, existing comprehensive plan 19 and zoning ordinance, the governing board shall not subsequently reverse its 20 action or otherwise change the zoning classification of said property without 21 the consent in writing of the current property owner for a period of four (4) 22 years from the date the governing board adopted said individual property 23 owner's request for a zoning classification change. If the governing body does 24 reverse its action or otherwise change the zoning classification of said prop- 25 erty during the above four (4) year period without the current property 26 owner's consent in writing, the current property owner shall have standing in 27 a court of competent jurisdiction to enforce the provisions of this section. 28 SECTION 9. That Section 67-6511A, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 67-6511A. DEVELOPMENT AGREEMENTS. Each governing board may, by ordinance 31 adopted or amended in accordance with the notice and hearing provisions pro- 32 vided under section 67-6509, Idaho Code, require or permit as a condition of 33 rezoning that an owner or developer make a written commitment concerning the 34 use or development of the subject parcel. The governing board shall adopt 35rulesordinance provisions governing the creation, 36 form, recording, modification, enforcement and termination of condi- 37 tional commitments. Such cCommitments shall 38 be recorded in the office of the county recorder and shall take effect upon 39 the adoption of the amendment to the zoning ordinance. Unless modified or ter- 40 minated by the governing board after a public hearing , a commit- 41 ment is binding on the owner of the parcel, each subsequent owner, and each 42 other person acquiring an interest in the parcel. A commitment is binding on 43 the owner of the parcel even if it is unrecorded; however, an unrecorded com- 44 mitment is binding on a subsequent owner or other person acquiring an interest 45 in the parcel only if that subsequent owner or other person has actual notice 46 of the commitment. A commitment may be modified only by the permission of the 47 governing board after complying with the notice and hearing provisions of sec- 48 tion 67-6509, Idaho Code. A commitment may be terminated, and the zoning des- 49 ignation upon which the use is based reversed, upon the failure of the 50 requirements in the commitment after a reasonable time as determined by the 51 governing board or upon the failure of the owner; each subsequent owner or 52 each other person acquiring an interest in the parcel to comply with the con- 53 ditions in the commitment and after complying with the notice and hearing pro- 9 1 visions of section 67-6509, Idaho Code. By permitting or requiring commitments 2 by ordinance the governing board does not obligate itself to recommend or 3 adopt the proposed zoning ordinance. A written commitment shall be deemed 4 written consent to rezone upon the failure of conditions imposed by the com- 5 mitment in accordance with the provisions of this section. 6 SECTION 10. That Section 67-6512, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-6512. SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES. (a) As part of 9 a zoning ordinance each governing board may provide by ordinance adopted, 10 amended, or repealed in accordance with the notice and hearing procedures pro- 11 vided under section 67-6509, Idaho Code, for the processing of applications 12 for special or conditional use permits. A special use permit may be granted to 13 an applicant if the proposed use isotherwise prohibited14 conditionally permitted by the terms of the ordinance,but may be15allowed withsubject to conditionsunder16 pursuant to specific provisions of the ordinance, subject to the 17 ability of political subdivisions, including school districts, to provide ser- 18 vices for the proposed use, and when it is not in conflict with the plan. 19 (b) Prior to granting a special use permit, at least one (1) public hear- 20 ing in which interested persons shall have an opportunity to be heard shall be 21 held. At least fifteen (15) days prior to the hearing, notice of the time and 22 place, and a summary of the proposal shall be published in the official news- 23 paper or paper of general circulation within the jurisdiction. Notice may also 24 be made available to other newspapers, radio and television stations serving 25 the jurisdiction for use as a public service announcement. Notice shall be 26 posted on the premises not less than one (1) week prior to the hearing. Notice 27 shall also be provided to property owners or purchasers of record within the 28 land being considered, three hundred (300) feet of the external boundaries of 29 the land being considered, and any additional area that may be substantially 30 impacted by the proposed special use as determined by the commission. 31 (c) When notice is required to two hundred (200) or more property owners 32 or purchasers of record, alternate forms of procedures which would provide 33 adequate notice may be provided by local ordinance in lieu of mailed notice. 34 In the absence of a locally adopted alternative notice procedure, suffi- 35 cient notice shall be deemed to have been provided if the city or county pro- 36 vides notice through a display advertisement at least four (4) inches by two 37 (2) columns in size in the official newspaper of the city or county at least 38 fifteen (15) days prior to the hearing date, in addition to site posting on 39 all external boundaries of the site. 40 (d) Upon the granting of a special use permit, conditions may be attached 41 to a special use permit including, but not limited to, those: 42 (1) Minimizing adverse impact on other development; 43 (2) Controlling the sequence and timing of development; 44 (3) Controlling the duration of development; 45 (4) Assuring that development is maintained properly; 46 (5) Designating the exact location and nature of development; 47 (6) Requiring the provision for on-site or off-site public facilities or 48 services; 49 (7) Requiring more restrictive standards than those generally required in 50 an ordinance; 51 (8) Requiring mitigation of effects of the proposed development upon 52 service delivery by any political subdivision, including school districts, 53 providing services within the planning jurisdiction. 10 1 (e) Prior to granting a special use permit, studies may be required of 2 the social, economic, fiscal, and environmental effects of the proposed spe- 3 cial use. A special use permit shall not be considered as establishing a bind- 4 ing precedent to grant other special use permits. A special use permit is not 5 transferable from one (1) parcel of land to another. 6 SECTION 11. That Section 67-6513, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-6513. SUBDIVISION ORDINANCE. Each governing board shall provide, by 9 ordinance adopted, amended, or repealed in accordance with the notice and 10 hearing procedures provided under section 67-6509, Idaho Code, for standards 11 and for the processing of applications for subdivision permits under sections 12 50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for miti- 13 gation of the effects of subdivision development on the ability of political 14 subdivisions of the state, including school districts, to deliver services 15 without compromising quality of service delivery to current residents or 16 imposing substantial additional costs upon current residents to accommodate 17 the proposed subdivision. Fees established for purposes of mitigating 18 the financial impacts of development must comply with the provisions of chap- 19 ter 82, title 67, Idaho Code. 20 SECTION 12. That Section 67-6515, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 67-6515. PLANNED UNIT DEVELOPMENTS. As part of or separate from the zon- 23 ing ordinance, each governing board may provide, by ordinance adopted, 24 amended, or repealed in accordance with the notice and hearing procedures pro- 25 vided under section 67-6509, Idaho Code, for the processing of applications 26 for planned unit development permits. 27 A planned unit development may be defined in a local ordinance as an area 28 of land in which a variety of residential, commercial, industrial, and other 29 land uses are provided for under single ownership or control. Planned unit 30 development ordinances may include, but are not limited to, requirements for 31 minimum area, permitted uses, ownership, common open space, utilities, den- 32 sity, arrangements of land uses on a site, and permit processing. Planned unit 33 developments may be permittedunderpursuant to the proce- 34 dures for processing applications for special use permits 35as defined in this chapter. Permits for planned unit developments may be36grantedfollowing the notice and hearing procedures provided in section 37 67-6512, Idaho Code. 38 SECTION 13. That Section 67-6516, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 67-6516. VARIANCE -- DEFINITION -- APPLICATION -- NOTICE -- HEARING. Each 41 governing board shall provide , as part of the zoning 42 ordinance , for the processing of applications for variance per- 43 mits. A variance is a modification of the bulk and placement 44 requirements of the ordinance as to lot size, lot coverage, width, depth, 45 front yard, side yard, rear yard, setbacks, parking space, height of build- 46 ings, or other ordinance provision affecting the size or shape of a structure 47 or the placement of the structure upon lots, or the size of lots. A variance 48 shall not be considered a right or special privilege, but may be granted to an 49 applicant only upon a showing of undue hardship because of characteristics of 11 1 the site and that the variance is not in conflict with the public interest. 2 Prior to granting a variance, notice and an opportunity to be heard shall be 3 provided to property owners adjoining the parcel under consideration. 4 SECTION 14. That Section 67-6520, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 67-6520. HEARING EXAMINERS. Hearing examiners include professionally 7 trained or licensed staff planners, engineers, or architects. If authorized by 8 local ordinance adopted, amended, or repealed in accordance with the notice 9 and hearing procedures provided in section 67-6509, Idaho Code, hearing exam- 10 iners may be appointed by a governing board or zoning or planning and zoning 11 commission for hearing applications for subdivision, special use and variance 12 permits and requests for zoning district boundary changes which are in accor- 13 dance with the plan. Notice, hearing, and records before the examiner shall be 14 as provided in this chapter for the zoning or planning and zoning commission. 15 Whenever a hearing examiner hears an application, heshall16 may, pursuant to local ordinance, grant or deny the application17andor submit a recommendation to the govern- 18 ing board or zoning or planning and zoning commission . Hh19is decision, whichor recommendation shall 20 specify: 21 (a) the ordinance and standards used in evaluating the application; 22 (b) the reasons for the recommendation or decision 23 ; and 24 (c) the actions, if any, that the applicant could take to obtain a permit 25 or zoning district boundary change in accordance with the plan. 26 An applicant denied a permit or aggrieved by a decision may within twenty- 27 eight (28) days after all appellate remedies have been exhausted under local 28 ordinance seek judicial review as provided by chapter 52, title 67, Idaho 29 Code. 30 SECTION 15. That Section 67-6527, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 67-6527. VIOLATIONS -- CRIMINAL PENALTIES -- ENFORCEMENT. A governing 33 board may provide by ordinance for the enforcement of this chapter or any 34 ordinance or regulation made pursuant to this chapter. A violation of any such 35 ordinance or regulationis herebymay be declared a 36 misdemeanor and the governing board may provide by ordinance for punishment 37 thereof by fine or imprisonment or by both, and may seek civil pen-38alties for such violation. Local ordinances adopted pursuant to 39 authority granted by this chapter may be enforced by the imposition of infrac- 40 tion penalties. Except that where property has been madenon-41conformingnonconforming by the exercise of eminent domain 42 it shall not be a violation and no penalty, either civil or criminal, shall 43 result. In addition, whenever it appears to a governing board that any person 44 has engaged or is about to engage in any act or practice violating any provi- 45 sion of this chapter or an ordinance or regulation enacted pursuant to this 46 chapter, the governing board may institute a civil action in the district 47 court to enforce compliance with this chapter or any ordinance or regulation 48 enacted hereunder. Upon a showing that a person has engaged or is about to 49 engage in an act or practice constituting a violation of this chapter or ordi- 50 nance or regulation enacted hereunder, a permanent or temporary injunction, 51 restraining order, or such other relief as the court deems appropriate shall 12 1 be granted. The governing board shall not be required to furnish bond. 2 SECTION 16. That Section 67-6534, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 67-6534. ADOPTION OF HEARING PROCEDURES. The governing board shall, 5 by ordinanceshallor resolution, adopt pro- 6 cedures for the conduct of public hearings. At a minimum 7 such hearing procedures shall provide an opportunity for all affected persons 8 to present and rebut evidence. 9 SECTION 17. That Section 67-6535, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-6535. APPROVAL OR DENIAL OF ANY APPLICATION TO BE BASED UPON STANDARDS 12 AND TO BE IN WRITING. (a) The approval or denial of any application provided 13 for in this chapter shall be based upon standards and criteria which shall be 14 set forth in the comprehensive plan, zoning ordinance or other appropriate 15 ordinance or regulation of the city or county. 16 (b) The approval or denial of any application provided for in this chap- 17 ter shall be in writing and accompanied by a reasoned statement 18in the form of findings of fact and conclusions of lawthat 19 explain s the criteria and standards considered relevant, 20 state s the relevant contested facts relied upon, and 21 explain s thejustificationrationale 22 for the decision based on thecriteria, standards and facts set forth23applicable provisions of the comprehensive plan, relevant ordi- 24 nance and statutory provisions, pertinent constitutional principles and fac- 25 tual information contained in the record. 26 (c) It is the intent of the legislature that decisions made pursuant to 27 this chapter should be founded upon sound reason and practical application of 28 recognized principles of law. In reviewing such decisions, the courts of the 29 state are directed to consider the proceedings as a whole and to evaluate the 30 adequacy of procedures and resultant decisions in light of practical consider- 31 ations with an emphasis on fundamental fairness and the essentials of reasoned 32 decision-making. Only those whose challenge to a decision demonstrates actual 33 harm or violation of fundamental rights, not the mere possibility thereof, 34 shall be entitled to a remedy or reversal of a decision. 35 SECTION 18. That Section 67-6536, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 67-6536. TRANSCRIBABLE RECORD. In every case in this chapter where an 38 appeal is provided for, a transcribable verbatim record of the proceeding 39 shall be made and kept for a period of not less than six (6) months after a 40 final decision on the matter. The proceeding envisioned by this statute 41 for which a transcribable verbatim record must be maintained shall include all 42 public hearings at which testimony or evidence is received or at which an 43 applicant or affected person addresses the commission or governing board 44 regarding a pending application or during which the commission or governing 45 board deliberates toward a decision after compilation of the record. 46 Upon written request and within the time period provided for retention of the 47 record, any person may have the record transcribed at his expense. 48 The governing board and commission shall also provide for the 49 keeping of minutes of the proceedings. Minutes shall be retained indefinitely 13 1 or as otherwise provided by law.
STATEMENT OF PURPOSE
RS08935
This legislation provides a clean up of some portions of the
land use planning Act. the legislation will eliminate procedural
inconsistencies and archaic provisions, and provides
simplification of the administration of the Act. the Local land
Use Planning Act, after 23 years, is in need of a minor, but
comprehensive, overhaul. These changes are recommended after a
thorough review of the Local planning Act by a working group
made up of realtors, Developers, Cities, and Counties.
FISCAL NOTE
There will be no fiscal impact to the General Fund.
CONTACT: Senator Judi Danielson 332-1347
Ken Harward, Association of Idaho Cities 344-8594
Richard McCaughey, Building Contractors Association of
Southwestern Idaho 377-3550
STATEMENT OF PURPOSE/ FISCAL NOTE S1201