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H0635...........................................................by BUSINESS
PROPERTY - RIGHT TO USE - Adds to existing law to provide that a city or
county is not empowered to enact 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 for a
period of time and to provide for continuation of the right to such use
subject to a voluntary withdrawal of the use or a redesign of the property
for a different use.
02/06 House intro - 1st rdg - to printing
02/09 Rpt prt - to Loc Gov
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 59-7-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Black(23), Bruneel, Callister, Campbell, Clark, Crane, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Henbest, Hornbeck, Jones(9), Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, McKague, Meyer, Miller, Mortensen, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Sali, Schaefer,
Stevenson, Stoicheff, Stubbs, Taylor, Tilman, Tippets, Trail,
Wheeler, Zimmermann
NAYS -- Bivens, Boe, Chase, Jaquet, Marley, Stone, Watson
Absent and excused -- Hansen, Robison, Wood, Mr Speaker
Floor Sponsor - Callister
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Loc Gov
H0635|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 635 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO LOCAL LAND USE PLANNING; AMENDING CHAPTER 65, TITLE 67, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 67-6529A, IDAHO CODE, TO PROVIDE 4 THAT A CITY OR COUNTY IS NOT EMPOWERED TO ENACT ANY ORDINANCE OR RESOLU- 5 TION DEPRIVING AN OWNER OF THE RIGHT TO USE IMPROVEMENTS ON PRIVATE PROP- 6 ERTY FOR THEIR DESIGNED PURPOSE BASED SOLELY ON THE NONUSE OF THE IMPROVE- 7 MENTS FOR A PERIOD OF TIME, TO PROVIDE FOR CONTINUATION OF THE RIGHT TO 8 SUCH USE SUBJECT TO A VOLUNTARY WITHDRAWAL OF THE USE OR A REDESIGN OF THE 9 PROPERTY FOR A DIFFERENT USE AND TO PROVIDE A DEFINITION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 65, Title 67, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 67-6529A, Idaho Code, and to read as follows: 14 67-6529A. USE FOR DESIGNED PURPOSE PROTECTED. No power granted pursuant 15 to this chapter shall be construed to empower a city or a county to enact any 16 ordinance or resolution which deprives an owner of the right to use improve- 17 ments on private property for their designed purpose based solely on the 18 nonuse of the improvements for their designed purpose for any period of time. 19 The right to use such improvements for their designed purpose shall continue, 20 notwithstanding any change in the zoning of the property, unless the property 21 owner voluntarily elects to withdraw the use by filing with the clerk of the 22 city or the county, as the case may be, an affidavit of withdrawn use, or the 23 property is redesigned for a different use. For purposes of this section 24 "designed purpose" shall mean the use for which the improvements were origi- 25 nally intended, designed and approved pursuant to any applicable planning and 26 zoning ordinances.
STATEMENT OF PURPOSE
RS 07398
To clarify that the grandfather rights of designed and approved
real improvements are dependent upon the design and not reliant
upon the success of the enterprise.
FISCAL NOTE
No fiscal
impact.
CONTACT: Representative Mark Stubbs 332-1000
Scott Stewart - 385-9876
STATEMENT OF PURPOSE/FISCAL NOTE
H 635