TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 65

LOCAL LAND USE PLANNING

67-6541.  accessory dwelling units. (1) No city shall enact or enforce any ordinance, rule, regulation, or policy that bans accessory dwelling units in any residential zoning area within its jurisdiction. An accessory dwelling unit shall be classified as a residential land use for zoning purposes subject to all applicable zoning requirements. "Accessory dwelling unit" means a self-contained living unit that includes its own cooking, sleeping, and sanitation facilities and that is located on the same lot as a single-family primary dwelling. An accessory dwelling unit may be internal, attached, or detached but does not include a motorhome, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels.

(2)  By February 1, 2027, by resolution or ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, each city governing board shall amend its comprehensive plan and land use regulations for all land zoned for single-family residential uses, except for lands falling within an area defined as a historic district under section 67-4607, Idaho Code, or designated as a historic property pursuant to section 67-4614, Idaho Code, to:

(a)  Allow for either one (1) internal accessory dwelling unit within the single-family dwelling or one (1) detached accessory dwelling unit per lot in the rear yard or subject to setbacks required of the primary dwelling;

(b)  Prohibit requiring any off-street parking or guest parking for any accessory dwelling unit unless the principal dwelling unit does not have off-street parking or the street is not paved and designed or constructed for on-street parking or unless the principal dwelling unit is within one-fourth (1/4) mile of transit, an employment area, or commercial services;

(c)  Prohibit imposing impact fees or utility connection fees on accessory dwelling units that are greater than those imposed on other single-family dwellings;

(d)  Prohibit limiting the size of an accessory dwelling unit to less than one thousand (1000) square feet or seventy-five percent (75%) of the size of the primary dwelling;

(e)  Prohibit an owner-occupancy requirement for the primary dwelling or for the accessory dwelling unit;

(f)  Prohibit imposing a limit on building height that is less than the height of an existing single-family primary dwelling on a lot; and

(g)  Prohibit restrictions for accessory dwelling units that are more restrictive than restrictions for single-family dwellings within the same zoning district with regard to setbacks, lot size, or coverage or building frontage.

(3)  Accessory dwelling unit projects that meet the jurisdiction’s established land use requirements shall be approved administratively and as a matter of right, without the need for discretionary approval.

(4)  Any approval standards, special conditions, and procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either singularly or cumulatively, of discouraging the development of accessory dwelling units through unreasonable cost or delay.

(5)  Nothing in this section shall prohibit a city from enacting a regulation, standard, or condition that is less restrictive than the requirements of this section.

(6)  The provisions of this section shall apply only to cities with a population greater than ten thousand (10,000).

(7)  The provisions of this section shall not supersede state or local laws that protect public health, safety, and welfare, including:

(a)  Building codes, fire safety standards, and flood plain regulations;

(b)  Laws regarding water, sewer, storm drainage, road access, and utility services necessary to support the required density;

(c)  Laws regarding environmental hazards, aquifer recharge zones, steep slopes, and critical habitat protections; and

(d)  Laws and regulations regarding setback requirements for rights-of-way and easements.

History:

[67-6541, added 2026, ch. 265, sec. 2, p. 1118.]