Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-6501. Short title. This act shall be known as the "Local Land Use Planning Act."

67-6502. Purpose. The purpose of this act shall be to promote the health, safety and general welfare of the people of the state of Idaho as follows: (a) To protect property rights while making accommodations for other necessary types of development such as low-cost housing and mo…

67-6503. Participation of local governments. Every city and county shall exercise the powers conferred by this chapter.

67-6504. Planning and zoning commission — Creation — Membership — Organization — Rules — Records — Expenditures — Staff. A city council or board of county commissioners, hereafter referred to as a governing board, may exercise all of the powers required and authorized by this cha…

67-6505. Joint planning and zoning commission — Formation — Duties. The boards of county commissioners of two (2) or more adjoining counties, alone or together with the council of one (1) or more cities therein, or the board of county commissioners of a county together with the c…

67-6506. Conflict of interest prohibited. A governing board creating a planning, zoning, or planning and zoning commission, or joint commission shall provide that the area and interests within its jurisdiction are broadly represented on the commission. A member or employee of a g…

67-6507. The planning process and related powers of the commission. As part of the planning process, a planning or zoning commission shall provide for citizen meetings, hearings, surveys, or other methods, to obtain advice on the planning process, plan, and implementation. The co…

67-6508. Planning duties. It shall be the duty of the planning or planning and zoning commission to conduct a comprehensive planning process designed to prepare, implement, review, and update a comprehensive plan, hereafter referred to as the plan. The plan shall include all land…

67-6509. Recommendation and adoption, amendment, and repeal of the plan. (1) The planning or planning and zoning commission, prior to recommending the plan, amendment, or repeal of the plan to the governing board, shall conduct at least one (1) public hearing in which interested …

67-6509A. Siting of manufactured homes in residential areas — Plan to be amended. (1) By resolution or ordinance adopted, amended or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, each governing board shall amend its comp…

67-6509B. Manufactured housing community — Equal treatment required. A city or a county shall not adopt or enforce zoning, community development or subdivision ordinance provisions which disallow the plans and specifications of a manufactured housing community solely because the …

67-6510. Mediation — Time limitations tolled. (1) The procedure established for the processing of applications by this chapter or by local ordinance shall include the option of mediation upon the written request of the applicant, an affected person, the zoning or planning and zon…

67-6511. Zoning ordinance. (1) Each governing board shall, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, establish within its jurisdiction one (1) or more zones or zoning districts where…

67-6511A. Development agreements. Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written comm…

67-6512. Special use permits, conditions, and procedures. (a) As part of a zoning ordinance each governing board may provide by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for the process…

67-6513. Subdivision ordinance. Each governing board shall provide, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for standards and for the processing of applications for subdivision per…

67-6514. Existing zoning or subdivision ordinances. A governing board, using any zoning or subdivision ordinance in existence on the effective date of this chapter, shall conduct a review of those ordinances and shall make necessary amendments in accordance with this chapter prio…

67-6515. Planned unit developments. As part of or separate from the zoning ordinance, each governing board may provide, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for the processing o…

67-6515A. Transfer of development rights. (1) Any city or county governing body may, by ordinance and following notice and hearing procedures provided for under section 67-6509, Idaho Code, create development rights and establish procedures authorizing landowners to voluntarily t…

67-6516. Variance — Definition — Application — Notice — Hearing. Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as t…

67-6517. Future acquisitions map. Upon the recommendation of the planning or planning and zoning commission each governing board may adopt, amend, or repeal a future acquisitions map in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code. The…

67-6518. Standards. Each governing board may adopt standards for such things as: building design; blocks, lots, and tracts of land; yards, courts, greenbelts, planting strips, parks, and other open spaces; trees; signs; parking spaces; roadways, streets, lanes, bicycleways, pedes…

67-6519. application granting process. (1) As part of ordinances required or authorized under this chapter, a procedure shall be established for processing in a timely manner applications for zoning changes, subdivisions, variances, special use permits and such other applications…

67-6520. Hearing examiners. (1) Hearing examiners include professionally trained or licensed staff planners, attorneys, engineers, or architects. If authorized by local ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in sectio…

67-6521. Actions by affected persons. (1) (a) As used herein, an affected person shall mean one having a bona fide interest in real property which may be adversely affected by: (i) The approval, denial or failure to act upon an application for a subdivision, variance, special use…

67-6522. Combining of permits — Permits to assessor. Where practical, the governing board or zoning or planning and zoning commission may combine related permits for the convenience of applicants. State and federal agencies should make every effort to combine or coordinate relate…

67-6523. Emergency ordinances and moratoriums. If a governing board finds that an imminent peril to the public health, safety, or welfare requires adoption of ordinances as required or authorized under this chapter, or adoption of a moratorium upon the issuance of selected classe…

67-6524. Interim ordinances and moratoriums. If a governing board finds that a plan, a plan component, or an amendment to a plan is being prepared for its jurisdiction, it may adopt interim ordinances as required or authorized under this chapter, following the notice and hearing …

67-6525. Plan and zoning ordinance changes upon annexation of unincorporated area. Prior to annexation of an unincorporated area, a city council shall request and receive a recommendation from the planning and zoning commission, or the planning commission and the zoning commissio…

67-6526. Areas of impact. (1) Legislative findings and intent. (a) The legislature finds that areas of impact are properly under the jurisdiction of the county because the elected representatives of citizens in areas of impact are county officials, not city officials. While citie…

67-6527. Violations — Criminal penalties — Enforcement. A governing board may provide by ordinance for the enforcement of this chapter or any ordinance or regulation made pursuant to this chapter. A violation of any such ordinance or regulation may be declared a misdemeanor and t…

67-6528. Applicability of ordinances. The state of Idaho, and all its agencies, boards, departments, institutions, and local special purpose districts, shall comply with all plans and ordinances adopted under this chapter unless otherwise provided by law. In adoption and implemen…

67-6529. Applicability to agricultural land — Counties may regulate siting of certain animal operations and facilities. (1) No power granted hereby shall be construed to empower a board of county commissioners to enact any ordinance or resolution which deprives any owner of full …

67-6529A. Short title. This act shall be referred to as the "Site Advisory Team Suitability Determination Act."

67-6529B. Legislative findings and purposes. The legislature finds that: (1) Confined animal feeding operations increase social and environmental impacts in areas where these facilities are located; (2) The siting of confined animal feeding operations is a complex and technically…

67-6529C. Definitions. As used in this act, the following definitions shall apply: (1) "CAFO," also referred to as "concentrated animal feeding operation" or "confined animal feeding operation," means, for those counties that have requested a site suitability determination, a CAF…

67-6529D. Odor management plans — County request for suitability determination — Local regulation. (1) Counties may require an applicant for siting of a CAFO to submit an odor management plan as part of their application. (2) A board of county commissioners considering the siting…

67-6529E. Process for county request — Contents of the request. (1) A board of county commissioners shall submit its request for a suitability determination by a site advisory team in writing to the director of the department of agriculture and shall support its request by the ad…

67-6529F. Department responsibilities — Authority to adopt rules and contract with other agencies. (1) Upon the request of a board of county commissioners, the director of the department of agriculture shall form and chair a site advisory team specific to the request of the count…

67-6529G. Report of CAFO Site advisory team — County action. The board of county commissioners requesting the suitability determination, upon receipt of the written suitability determination report by the CAFO site advisory team, may use the report as the county deems appropriate…

67-6529H. site suitability determination — application fees. (1) The board of county commissioners shall collect a CAFO site suitability fee from each applicant that will require a suitability determination by the site advisory team. The fee shall be one thousand two hundred doll…

67-6530. Declaration of purpose. The legislature declares that it is the policy of this state that persons with disabilities or elderly persons are entitled to live in normal residential surroundings and should not be excluded therefrom because of their disability or advanced age…

67-6531. Single family dwelling. (1) For the purpose of any zoning law, ordinance or code, the classification "single family dwelling" shall include any group residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervise…

67-6532. Licensure, standards and restrictions. (1) The department of health and welfare may require group residences, as defined in section 67-6531, Idaho Code, to be licensed and set minimum standards for providing services or operation. Such licensure may be under the resident…

67-6533. Location of stores selling sexual material restricted in certain areas. (a) From and after January 1, 1980, no person or entity shall own or operate any store, shop or business which sells or rents any materials defined as obscene materials in section 18-4101, Idaho Code…

67-6534. Adoption of hearing procedures. The governing board shall, by ordinance or resolution, adopt procedures for the conduct of public hearings. At a minimum such hearing procedures shall provide an opportunity for all affected persons to present and rebut evidence.

67-6535. Approval or denial of any application to be based upon EXPRESS standards and to be in writing. (1) The approval or denial of any application required or authorized pursuant to this chapter shall be based upon standards and criteria which shall be set forth in the compreh…

67-6536. Transcribable record. In every case in this chapter where an appeal is provided for, a transcribable verbatim record of the proceeding shall be made and kept for a period of not less than six (6) months after a final decision on the matter. The proceeding envisioned by t…

67-6537. Use of surface and ground water. (1) All applicants proposing to make land use changes shall be required to use surface water, where reasonably available, as the primary water source for irrigation. Surface water shall be deemed reasonably available if: (a) A surface wat…

67-6538. Use for designed purpose protected — When vacancy occurs. (1) No rights or authority granted pursuant to this chapter shall be construed to empower a city or county to enact any ordinance or resolution which deprives an owner of the right to use improvements on private p…