Idaho Statutes

TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING

CHAPTER 65 LOCAL LAND USE PLANNING

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 mobile home parks. 
    (b)  To ensure that adequate public facilities and services are provided to the people at 
reasonable cost. 
    (c)  To ensure that the economy of the state and localities is protected. 
    (d)  To ensure that the important environmental features of the state and localities are 
protected. 
    (e)  To encourage the protection of prime agricultural, forestry, and mining lands for 
production of food, fibre, and minerals. 
    (f)  To encourage urban and urban-type development within incorporated cities. 
    (g)  To avoid undue concentration of population and overcrowding of land. 
    (h)  To ensure that the development on land is commensurate with the physical 
characteristics of the land. 
    (i)  To protect life and property in areas subject to natural hazards and disasters. 
    (j)  To protect fish, wildlife, and recreation resources. 
    (k)  To avoid undue water and air pollution. 
    (l)  To allow local school districts to participate in the community planning and development 
process so as to address public school needs and impacts on an ongoing basis.


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 chapter in accordance with this chapter. 
If a governing board chooses to exercise the powers required and authorized by this chapter
it need not follow the procedural requirements established hereby solely for planning and 
zoning commissions. If a governing board does not elect to exercise the powers conferred
by this chapter, it shall establish by ordinance adopted, amended, or repealed in accordance
with the notice and hearing procedures provided in section 67-6509, Idaho Code, a planning 
commission and a zoning commission or a planning and zoning commission acting in both 
capacities, which may act with the full authority of the governing board, excluding the authority
to adopt ordinances or to finally approve land subdivisions. The powers of the board of county 
commissioners conferred by this chapter shall apply to the unincorporated area of the county.
Legally authorized planning, zoning, or planning and zoning commissions existing prior to 
enactment of this chapter shall be considered to be duly constituted under this chapter. Within
this chapter use of the term "planning and zoning commission" shall include the term 
"planning commission," "zoning commission" and "planning and 
zoning commission." 
    (a)  Membership -- Each commission shall consist of not less than three (3) nor more than 
twelve (12) voting members, all appointed by a mayor or chairman of the county board of 
commissioners and confirmed by majority vote of the governing board. An appointed member
of a commission must have resided in the county for at least two (2) years prior to his appointment,
and must remain a resident of the county during his service on the commission. Not more than 
one-third (1/3) of the members of any commission appointed by the chairman of the board of 
county commissioners may reside within an incorporated city of fifteen hundred (1,500) or 
more population in the county. At least one-half (1/2) of the members of any commission 
appointed by the chairman of the board of county commissioners must reside outside the 
boundaries of any city's area of impact. The ordinance establishing a commission to exercise
the powers under this chapter shall set forth the number of members to be appointed. The term
of office for members shall be not less than three (3) years, nor more than six (6) years, and the
length of term shall be prescribed by ordinance. No person shall serve more than two (2) full 
consecutive terms. Vacancies occurring otherwise than through the expiration of terms shall be 
filled in the same manner as the original appointment. Members may be removed for cause by a 
majority vote of the governing board. Members shall be selected without respect to political affiliation
and may receive such mileage and per diem compensation as provided by the governing board.
If a governing board exercises these powers, its members shall be entitled to no additional mileage
or per diem compensation. 
    (b)  Organization -- Each commission shall elect a chairman and create and fill any other 
office that it may deem necessary. A commission may establish subcommittees, advisory 
committees or neighborhood groups to advise and assist in carrying out the responsibilities under
this chapter. A commission may appoint nonvoting ex officio advisors as may be deemed necessary. 
    (c)  Rules, Records, and Meetings -- Written organization papers or bylaws consistent with 
this chapter and other laws of the state for the transaction of business of the commission shall be
adopted. A record of meetings, hearings, resolutions, studies, findings, permits, and actions 
taken shall be maintained. All meetings and records shall be open to the public. At least one (1)
regular meeting shall be held each month for not less than nine (9) months in a year. A majority
of currently-appointed voting members of the commission shall constitute a quorum. 
    (d)  Expenditures and Staff -- With approval of a governing board through the legally required
budgetary process, the commission may receive and expend funds, goods, and services from
the federal government or agencies and instrumentalities of state or local governments or from 
civic and private sources and may contract with these entities and provide information and reports
as necessary to secure aid. Expenditures by a commission shall be within the amounts 
appropriated by a governing board. Within such limits, any commission is authorized to hire or 
contract with employees and technical advisors, including, but not limited to, planners, engineers,
architects, and legal assistants.

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 council of one (1) or more cities within the county, or the councils of two (2) or more adjoining 
cities, are empowered to cooperate in the establishment of a joint planning, zoning, or planning and
zoning commission,hereafter referred to as a joint commission, and may provide for participation 
by invitation of other public agencies deemed necessary to exercise the powers conferred in this 
chapter. The number of members of a joint commission, the method of appointment, and the allocation 
of costs for activities to be borne by the participating governing boards shall be agreed upon by 
the governing boards and agencies involved. A joint commission is further authorized and empowered to
perform any of the duties for any local member's governing board when the duties have been 
authorized by that member government.

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 
governing board, commission, or joint commission shall not participate in any proceeding or action
when the member or employee or his employer, business partner, business associate, or any 
person related to him by affinity or consanguinity within the second degree has an economic
interest in the procedure or action. Any actual or potential interest in any proceeding shall be 
disclosed at or before any meeting at which the action is being heard or considered. For purposes
of this section the term "participation" means engaging in activities which constitute
deliberations pursuant to the open meeting act. No member of a governing board or a planning
and zoning commission with a conflict of interest shall participate in any aspect of the decision-making
process concerning a matter involving the conflict of interest. A member with a conflict of interest 
shall not be prohibited from testifying at, or presenting evidence to, a public hearing or similar public 
process after acknowledging nonparticipation in the matter due to a conflict of interest. A knowing 
violation of this section shall be a misdemeanor.

67-6507.  THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION. As part
of 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 commission may also conduct informational meetings and consult with 
public officials and agencies, public utility companies, and civic, educational, professional, or 
other organizations. As part of the planning process, the commission shall endeavor to promote 
a public interest in and understanding of the commission's activities.  The commission may, at 
any time, make recommendations to the governing board concerning the plan, planning process,
or implementation of the plan.  With the consent of the owner, the commission and its members,
officers, and employees, in the performance of their functions, may enter upon any land and make 
examinations and surveys and place and maintain necessary monuments and marks thereon.  
The commission may perform such additional duties as may be assigned by the governing board. 
The commission shall have the right to seek judicial process, as may be necessary to enable it to
fulfill its functions.

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, and review and 
update a comprehensive plan, hereafter referred to as the plan. The plan shall include all land within
the jurisdiction of the governing board. The plan shall consider previous and existing conditions, 
trends, desirable goals and objectives, or desirable future situations for each planning component. 
The plan with maps, charts, and reports shall be based on the following components  as they may 
apply to land use regulations and actions unless the plan specifies reasons why a particular component 
is unneeded. 
 (a)  Property Rights -- An analysis of provisions which may be necessary to insure that land use 
policies, restrictions, conditions and fees do not violate private property rights, adversely impact 
property values or create unnecessary technical limitations on the use of property and analysis as 
prescribed under the declarations of purpose in chapter 80, title 67, Idaho Code.
 (b)  Population -- A population analysis of past, present, and future trends in population including 
such characteristics as total population, age, sex, and income.
 (c)  School Facilities and Transportation -- An analysis of public school capacity and transportation
considerations associated with future development.
 (d)  Economic Development -- An analysis of the economic base of the area including employment, 
industries, economies, jobs, and income levels. 
 (e)  Land Use -- An analysis of natural land types, existing land covers and uses, and the intrinsic 
suitability of lands for uses such as agriculture, forestry, mineral exploration and extraction, preservation,
recreation, housing, commerce, industry, and public facilities. A map shall be prepared indicating 
suitable projected land uses for the jurisdiction.
 (f)  Natural Resource -- An analysis of the uses of rivers and other waters, forests, range, soils, harbors, 
fisheries, wildlife, minerals, thermal waters, beaches, watersheds, and shorelines.
 (g)  Hazardous Areas -- An analysis of known hazards as may result from susceptibility to surface 
ruptures from faulting, ground shaking, ground failure, landslides or mudslides; avalanche hazards 
resulting from development in the known or probable path of snowslides and avalanches, and 
floodplain hazards.
 (h)  Public Services, Facilities, and Utilities -- An analysis showing general plans for sewage, drainage, 
power plant sites, utility transmission corridors, water supply, fire stations and fire fighting equipment, 
health and welfare facilities, libraries, solid waste disposal sites, schools, public safety facilities and 
related services. The plan may also show locations of civic centers and public buildings.
 (i)  Transportation -- An analysis, prepared in coordination with the local jurisdiction(s) having authority
over the public highways and streets, showing the general locations and widths of a system of major
traffic thoroughfares and other traffic ways, and of streets and the recommended treatment thereof. 
This component may also make recommendations on building line setbacks, control of access, street
naming and numbering, and a proposed system of public or other transit lines and related facilities
including rights-of-way, terminals, future corridors, viaducts and grade separations. The component 
may also include port, harbor, aviation, and other related transportation facilities.
 (j)  Recreation -- An analysis showing a system of recreation areas, including parks, parkways, trailways, 
river bank greenbelts, beaches, playgrounds, and other recreation areas and programs.
 (k)  Special Areas or Sites -- An analysis of areas, sites, or structures of historical, archeological, 
architectural, ecological, wildlife, or scenic significance.
 (l)  Housing -- An analysis of housing conditions and needs; plans for improvement of housing 
standards; and plans for the provision of safe, sanitary, and adequate housing, including the provision 
for low-cost conventional housing, the siting of manufactured housing and mobile homes in subdivisions 
and parks and on individual lots which are sufficient to maintain a competitive market for each of those 
housing types and to address the needs of the community.
 (m)  Community Design -- An analysis of needs for governing landscaping, building design, tree planting, 
signs, and suggested patterns and standards for community design, development, and beautification.
 (n)  Implementation -- An analysis to determine actions, programs, budgets, ordinances, or other methods 
including scheduling of public expenditures to provide for the timely execution of the various components 
of the plan.
 Nothing herein shall preclude the consideration of additional planning components or subject matter.

67-6509.  RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.
(a) 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 persons
shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and 
place and a summary of the plan to be discussed shall be published in the official newspaper or paper of 
general circulation within the jurisdiction. The commission shall also make available a notice to other papers, 
radio and television stations serving the jurisdiction for use as a public service announcement. Notice of 
intent to adopt, repeal or amend the plan shall be sent to all political subdivisions providing services within
the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing scheduled
by the commission. Following the commission hearing, if the commission recommends a material change to
the proposed amendment to the plan which was considered at the hearing, it shall give notice of its proposed 
recommendation and conduct another public hearing concerning the matter if the governing board will not 
conduct a subsequent public hearing concerning the proposed amendment. If the governing board will conduct
a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included
in the notice of public hearing provided by the governing board. A record of the hearings, findings made, and
actions taken by the commission shall be maintained by the city or county. 
    (b)  The governing board, as provided by local ordinance, prior to adoption, amendment, or repeal of the plan, 
may conduct at least one (1) public hearing, in addition to the public hearing(s) conducted by the commission, 
using the same notice and hearing procedures as the commission. The governing board shall not hold a public 
hearing, give notice of a proposed hearing, nor take action upon the plan, amendments, or repeal until 
recommendations have been received from the commission. Following consideration by the governing board, 
if the governing board makes a material change in the recommendation or alternative options contained in the 
recommendation by the commission concerning adoption, amendment or repeal of a plan, further notice and 
hearing shall be provided before the governing board adopts, amends or repeals the plan. 
    (c)  No plan shall be effective unless adopted by resolution by the governing board. A resolution enacting 
or amending a plan or part of a plan may be adopted, amended, or repealed by definitive reference to the 
specific plan document. A copy of the adopted or amended plan shall accompany each adopting resolution 
and shall be kept on file with the city clerk or county clerk. 
    (d)  Any person may petition the commission or, in absence of a commission, the governing board, for a plan
amendment at any time. The commission may recommend amendments to the land use map component of 
the comprehensive plan to the governing board not more frequently than once every six (6) months. The 
commission may recommend amendments to the text of the comprehensive plan and to other ordinances 
authorized by this chapter to the governing board at any time.

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 
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, to allow for 
siting of manufactured homes as defined in section 39-4105(13), Idaho Code. 
    (2)  Manufactured homes on individual lots zoned for single-family residential uses as provided in 
subsection (1) of this section shall be in addition to manufactured homes on lots within designated mobile 
home parks or manufactured home subdivisions. 
    (3)  This section shall not be construed as abrogating a recorded restrictive covenant. 
    (4)  A governing board may adopt any or all of the following placement standards, or any less restrictive 
standards, for the approval of manufactured homes located outside mobile home parks 
    (a)  The manufactured home shall be multisectional and enclose a space of     not less than one thousand 
(1,000) square feet; 
    (b)  The manufactured home shall be placed on an excavated and backfilled foundation and enclosed at 
the perimeter such that the home is located not more than twelve (12) inches above grade; 
    (c)  The manufactured home shall have a pitched roof, except that no standards shall require a slope 
of greater than a nominal three (3) feet in height for each twelve (12) feet in width; 
    (d)  The manufactured home shall have exterior siding and roofing which in color, material and appearance
is similar to the exterior siding and roofing material commonly used on residential dwellings within the 
community or which is comparable to the predominant materials used on surrounding dwellings as determined
by the local permit approval authority; 
    (e)  The manufactured home shall have a garage or carport constructed of like materials. A governing 
board may require an attached or detached garage in lieu of a carport where such is consistent with the 
predominant construction of immediately surrounding dwellings; 
    (f)  In addition to the provisions of paragraphs (a) through (e) of this subsection, a city or county may subject 
a manufactured home and the lot upon which it is sited to any development standard, architectural requirement 
and minimum size requirements to which a conventional single-family residential dwelling on the same lot 
would be subjected. 
    (5)  Any approval standards, special conditions and the procedures for approval adopted by a local 
government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, 
of discouraging needed housing through unreasonable cost or delay.

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 housing 
within the community will be manufactured  housing. Applications for development of manufactured home 
communities shall be treated the same as those for site-built homes. For purposes of this section, 
"manufactured housing community" means any site, lot or tract of land upon which ten (10) or more
manufactured homes may be sited. The manufactured housing community may feature either fee simple land
sales or land leased or rented by the homeowner.

67-6510.  EXISTING COMPREHENSIVE PLANS. A governing board using any plan in existence on the effective
date of this chapter shall conduct a review of that plan and shall make necessary amendments in accordance
with this chapter prior to January 1, 1977, providing for recommendation, notice and hearing pursuant to 
section 67-6509, Idaho Code.

67-6511.  ZONING ORDINANCE. 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 appropriate. The zoning districts shall 
be in accordance with the policies set forth in the adopted comprehensive plan.    Within a zoning district, 
the governing board shall where appropriate, establish standards to regulate and restrict the height, 
number of stories, size, construction, reconstruction, alteration, repair or use of buildings and structures; 
percentage of lot occupancy, size of courts, yards, and open spaces; density of population; and the location 
and use of buildings and structures. All standards shall be uniform for each class or kind of buildings 
throughout each district, but the standards in one (1) district may differ from those in another district. 
Ordinances establishing zoning districts shall be amended as follows 
    (a)  Requests for an amendment to the zoning ordinance shall be submitted to the zoning or planning 
and zoning commission which shall evaluate the request to determine the extent and nature of the 
amendment requested. Particular consideration shall be given to the effects of any proposed zone 
change upon the delivery of services by any political subdivision providing public services, including 
school districts, within the planning jurisdiction. 
    (b)  After considering the comprehensive plan and other evidence gathered through the public hearing 
process, the zoning or planning and zoning commission may recommend and the governing board may 
adopt or reject an ordinance amendment pursuant to the notice and hearing procedures provided in section 
67-6509, Idaho Code, provided that in the case of a zoning district boundary change, additional notice shall 
be provided by mail to property owners or purchasers of record within the land being considered, and 
within three hundred (300) feet of the external boundaries of the land being considered, and any additional 
area that may be impacted by the proposed change as determined by the commission. Notice shall also 
be posted on the premises not less than one (1) week prior to the hearing. When notice is required to two 
hundred (200) or more property owners or purchasers of record, alternate forms of procedures which would 
provide adequate notice may be provided by local ordinance in lieu of posted or mailed notice. In the absence
of a locally adopted alternative notice procedure, sufficient notice shall be deemed to have been provided 
if the city or county provides notice through a display advertisement at least four (4) inches by two (2) columns 
in size in the official newspaper of the city or county at least fifteen (15) days prior to the hearing date, in addition 
to site posting on all external boundaries of the site. 
    (c)  If the request is found by the governing board to be in conflict with the adopted plan, or would result in 
demonstrable adverse impacts upon the delivery of services by any political subdivision providing public 
services, including school districts, within the planning jurisdiction, the governing board may require the request 
to be submitted to the planning or planning and zoning commission or, in absence of a commission, the 
governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing 
procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance 
may then be considered for amendment pursuant to section 67-6511(b), Idaho Code. 
    (d)  If a governing board adopts a zoning classification pursuant to a request by a property owner based
upon a valid, existing comprehensive plan and zoning ordinance, the governing board shall not subsequently 
reverse its action or otherwise change the zoning classification of said property without the consent in writing of 
the current property owner for a period of four (4) years from the date the governing board adopted said
individual property owner's request for a zoning classification change. If the governing body does reverse
its action or otherwise change the zoning classification of said property during the above four (4) year period 
without the current property owner's consent in writing, the current property owner shall have standing in a court 
of competent jurisdiction to enforce the provisions of this section.

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 commitment concerning the use or 
development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, 
form, recording, modification, enforcement and termination of conditional commitments. Such commitments shall be 
recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning 
ordinance. Unless modified or terminated by the governing board after a public hearing, a commitment is 
binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in 
the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded 
commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that 
subsequent owner or other person has actual notice of the commitment. A commitment may be modified only 
by the permission of the governing board after complying with the notice and hearing provisions of section 
67-6509, Idaho Code. A commitment may be terminated, and the zoning designation upon which the use is 
based reversed, upon the failure of the requirements in the commitment after a reasonable time as determined 
by the governing board or upon the failure of the owner; each subsequent owner or each other person 
acquiring an interest in the parcel to comply with the conditions in the commitment and after complying with
the notice and hearing provisions of section 67-6509, Idaho Code. By permitting or requiring commitments 
by ordinance the governing board does not obligate itself to recommend or adopt the proposed zoning 
ordinance. A written commitment shall be deemed written consent to rezone upon the failure of conditions 
imposed by the commitment in accordance with the provisions of this section.

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 processing of applications 
for special or conditional use permits. A special use permit may be granted to an applicant if the proposed 
use is conditionally permitted by the terms of the ordinance, subject to conditions pursuant to specific 
provisions of the ordinance, subject to the ability of political subdivisions, including school districts, to provide 
services for the proposed use, and when it is not in conflict with the plan. 
    (b)  Prior to granting a special use permit, at least one (1) public hearing in which interested persons shall 
have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time 
and place, and a summary of the proposal shall be published in the official newspaper or paper of general 
circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television 
stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the 
premises not less than one (1) week prior to the hearing. Notice shall also be provided to property owners or 
purchasers of record within the land being considered, three hundred (300) feet of the external boundaries of 
the land being considered, and any additional area that may be substantially impacted by the proposed special 
use as determined by the commission. 
    (c)  When notice is required to two hundred (200) or more property owners or purchasers of record, alternate 
forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed 
notice. In the absence of a locally adopted alternative notice procedure, sufficient notice shall be deemed to 
have been provided if the city or county provides notice through a display advertisement at least four (4) inches 
by two (2) columns in size in the official newspaper of the city or county at least fifteen (15) days prior to the hearing 
date, in addition to site posting on all external boundaries of the site. 
    (d)  Upon the granting of a special use permit, conditions may be attached to a special use permit including, 
but not limited to, those 
    (1)  Minimizing adverse impact on other development; 
    (2)  Controlling the sequence and timing of development; 
    (3)  Controlling the duration of development; 
    (4)  Assuring that development is maintained properly; 
    (5)  Designating the exact location and nature of development; 
    (6)  Requiring the provision for on-site or off-site public facilities or services; 
    (7)  Requiring more restrictive standards than those generally required in an ordinance; 
    (8)   Requiring mitigation of effects of the proposed development upon  service delivery by any
    political subdivision, including school districts, providing services within the planning jurisdiction. 
    (e)  Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and 
environmental effects of the proposed special use. A special use permit shall not be considered as establishing 
a binding precedent to grant other special use permits. A special use permit is not transferable from one (1) 
parcel of land to another.

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 permits under sections 
50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for mitigation of the effects of 
subdivision development on the ability of political subdivisions of the state, including school districts, to 
deliver services without compromising quality of service delivery to current residents or imposing substantial 
additional costs upon current residents to accommodate the proposed subdivision. Fees established for 
purposes of mitigating the financial impacts of development must comply with the provisions of chapter 82, 
title 67, Idaho Code.

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 prior to January 1, 1978, 
following notice and hearing pursuant to section 67-6509, Idaho Code.

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 of 
applications for planned unit development permits. 
    A planned unit development may be defined in a local ordinance as an area of land in which a variety 
of residential, commercial, industrial, and other land uses are provided for under single ownership or 
control. Planned unit development ordinances may include, but are not limited to, requirements for minimum 
area, permitted uses, ownership, common open space, utilities, density, arrangements of land uses on 
a site, and permit processing. Planned unit developments may be permitted pursuant to the procedures 
for processing applications for special use permits following the notice and hearing procedures provided 
in section 67-6512, Idaho Code.

67-6515A.  TRANSFER OF DEVELOPMENT RIGHTS. [EFFECTIVE JULY 1, 2000] (1)
Any city or county governing body may, by ordinance, create development rights and establish 
procedures authorizing landowners to voluntarily transfer said development rights subject to:
     (a)  Such conditions as the governing body shall determine to fulfill the goals of the city or county to 
preserve open space, protect wildlife     habitat and critical areas, and enhance and maintain the rural 
character  of lands with contiguity to agricultural lands suitable for long-range farming and ranching 
operations; and 
     (b)  Voluntary acceptance by the landowner of the development rights and any land use restrictions 
conditional to such acceptance. 
    (2)  Before designating sending areas and receiving areas, a city or county shall conduct an analysis 
of the market in an attempt to assure that areas designated as receiving areas will have the capacity to 
accommodate the number of development rights expected to be generated from the sending areas. 
    (3)  Ordinances providing for a transfer of development rights shall not require a property owner in a s
ending area to sell development rights. Once a transfer of development rights has been exercised it shall 
constitute a restriction on the development of  the property in perpetuity, unless the city or county elects to 
extinguish such restriction pursuant to the provisions of this chapter. 
    (4)  A city or county may not condition an application for a permit to which an applicant is otherwise 
entitled under existing zoning and subdivision ordinances on the acquisition of development rights. A city 
or county may not condition an application for a zoning district boundary change which is consistent with 
the comprehensive plan on the acquisition of development rights. A city or county may not reduce the 
density of an existing zone and thereafter require an applicant to acquire development rights as a condition 
of approving a request for a zoning district boundary change which would permit greater density. 
    (5)  A person may not acquire a development right without the intent to exercise that right within a receiving 
area within ten (10) years of the date of acquisition.  Upon a showing of good cause, a city or county may 
extend the right to exercise the development right for an additional period not to exceed five (5) years. If the 
development right is not used before the end of the time period herein provided and any extension thereof, 
the development right will revert to the owner of the property from which it was transferred. 
    (6)  No transfer of a development right, as contemplated herein, shall affect the validity or continued right to 
use any water right that is appurtenant to the real property from which such development right is transferred. 
The transfer of a water right shall remain subject to the provisions of title 42, Idaho Code. 
    (7)  (a) Ordinances providing for the transfer of development rights shall provide that no transfer of 
development rights may occur without the  written consent of all lienholders and other parties with an interest 
of  record in the property from which development rights are proposed to be transferred. Transfers of 
development rights without such consent shall be void. 
    (b)  A development right which is transferred shall be deemed to be an interest in real property and the 
rights evidenced thereby shall inure to the benefit of the transferee, his heirs, successors and assigns. An 
unexercised development right shall not be taxed as real or personal  property. 
    (8)  For the purposes of this section 
    (a)  "Development rights" shall mean the rights permitted to a lot, parcel  or area of land 
under a zoning or other ordinance respecting permissible use, area, density, bulk or height of improvements. 
Development rights may be calculated and allocated in accordance with such factors as area, floor area, 
floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the 
development right in a reasonable and uniform manner that will carry out the objectives of this section. 
    (b)  "Receiving area" shall mean one (1) or more designated areas of land  to which 
development rights generated from one (1) or more sending areas may be transferred and in which 
increased development is permitted to occur by reason of such transfer. 
    (c)  "Sending area" shall mean one (1) or more designated areas of land in  which 
development rights may be designated for use in one (1) or more receiving areas. 
    (d)  "Transfer of development rights" shall mean the process by which development rights 
are transferred from one (1) lot, parcel or area of land in any sending area to another lot, parcel or area of 
land in one (1) or more receiving areas.

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 to lot size, lot 
coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, 
or other ordinance provision affecting the size or shape of a structure or the placement of the structure 
upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may 
be granted to an applicant only upon a showing of undue hardship because of characteristics of the 
site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice 
and an opportunity to be heard shall be provided to property owners adjoining the parcel under 
consideration.

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 
map shall designateland proposed for acquisition by a public agency for a maximum twenty (20) year 
period. Lands designated for acquisition may include land for:
 (a)  Streets, roads, other public ways, or transportation facilities proposed for construction or alteration;
 (b)  Proposed schools, airports, or other public buildings;
 (c)  Proposed parks or other open spaces; or
 (d)  Lands for other public purposes.
 Upon receipt of a request for a permit as defined in this chapter, or a building permit as defined in a local 
ordinance, for a development on any lands designated upon the future acquisitions map, the zoning or 
planning and zoning commission or the governing board shall notify the public agency proposing to 
acquire the land. Within thirty (30) days of the date of that notice, the public agency may, in writing, request 
the commission or governing board to suspend consideration of the permit for sixty (60) days from the date 
of the request to allow the public agency to negotiate with the land owner to obtain an option to purchase the 
land, acquire the land, or institute condemnation proceedings as may be authorized in the Idaho Code. If the 
public agency fails to do so within the sixty (60) days, the commission or governing board shall resume 
consideration of the permit.  Nothing in this chapter shall limit a governing board from adopting local ordinances 
as required or authorized which include lands on the future acquisitions map.

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, pedestrian walkways, rights-of-way, 
grades, alignments, and intersections; lighting; easements for public utilities; access to streams, lakes, 
and viewpoints; water systems; sewer systems; storm drainage systems; street numbers and names; 
house numbers; schools, hospitals, and other public and private development.  Standards may be provided 
as part of zoning, subdivision, planned unit development, or separate ordinance adopted, amended, or 
repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code.
Whenever the ordinances made under this chapter impose higher standards than are required by any 
other statute or local ordinance, the provisions of ordinances made pursuant to this chapter shall govern.

67-6519.  PERMIT GRANTING PROCESS. As part of ordinances required or authorized under this chapter, 
a procedure shall be established for processing in a timely manner applications for permits for which 
a reasonable fee may be charged. Each application for a permit required or authorized under this chapter 
shall first be submitted to the zoning or planning and zoning commission for its recommendation or decision. 
The commission shall have a reasonable time fixed by the governing board to examine the application 
before the commission makes its decision on the permit or makes its recommendation to the governing 
board. Each commission or governing board shall establish by rule a time period within which a 
recommendation or decision must be made. Whenever a governing board or zoning or planning and zoning 
commission grants or denies a permit, it shall specify:
 (a)  the ordinance and standards used in evaluating the application;
 (b)  the reasons for approval or denial; and
 (c)  the actions, if any, that the applicant could take to obtain a permit.
 An applicant denied a permit or aggrieved by a decision may within twenty-eight (28) days after all 
remedies have been exhausted under local ordinance seek judicial review under the procedures provided 
by chapter 52, title 67, Idaho Code.

67-6520.  HEARING EXAMINERS. Hearing examiners include professionally trained or licensed staff planners, 
engineers, or architects. If authorized by local ordinance adopted, amended, or repealed in accordance 
with the notice and hearing procedures provided in section 67-6509, Idaho Code, hearing examiners may 
be appointed by a governing board or zoning or planning and zoning commission for hearing applications 
for subdivision, special use and variance permits and requests for zoning district boundary changes 
which are in accordance with the plan. Notice, hearing, and records before the examiner shall be as 
provided in this chapter for the zoning or planning and zoning commission. Whenever a hearing examiner 
hears an application, he may, pursuant to local ordinance, grant or deny the application or submit a 
recommendation to the governing board or zoning or planning and zoning commission. His decision or 
recommendation shall specify 
    (a)  the ordinance and standards used in evaluating the application; 
    (b)  the reasons for the recommendation or decision; and 
    (c)  the actions, if any, that the applicant could take to obtain a permit  or zoning district boundary change 
in accordance with the plan. 
    An applicant denied a permit or aggrieved by a decision may within twenty-eight (28) days after all 
appellate remedies have been exhausted under local ordinance seek judicial review as provided by 
chapter 52, title 67, Idaho Code.

67-6521.  ACTIONS BY AFFECTED PERSONS.   (1)  (a) As used herein, an affected person shall mean one 
having an interest in real property which may be adversely affected by the issuance or denial of a permit 
authorizing the development.
    (b)  Any affected person may at any time prior to final action on a permit required or authorized under 
this chapter, if no hearing has been held on the application, petition the commission or governing board
in writing to hold a hearing pursuant to section 67-6512, Idaho Code; provided, however, that if twenty (20) 
affected persons petition for a hearing, the hearing shall be held.
    (c)  After a hearing, the commission or governing board may:
         (i)  Grant or deny a permit; or
         (ii) Delay such a decision for a definite period of time for further study or hearing. Each commission 
or governing board shall establish by rule and regulation a time period within which a recommendation 
or decision must be made.
    (d)  An affected person aggrieved by a decision may within twenty-eight (28) days after all remedies 
have been exhausted under local ordinances seek judicial review as provided by chapter 52, title 67, 
Idaho Code.
    (2) (a)  Authority to exercise the regulatory power of zoning in land use planning shall not simultaneously 
displace coexisting eminent domain authority granted under section 14, article I, of the constitution of the 
state of Idaho and chapter 7, title 7, Idaho Code.    (b)  An affected person claiming just compensation" 
for a perceived "taking," the basis of the claim being that a specific zoning action or permitting 
action restricting private property development is actually a regulatory action by local government 
deemed "necessary to complete the development of the material resources of the state," or 
necessary for other public uses, may seek a judicial determination of whether the claim comes within 
defined provisions of section 14, article I, of the constitution of the state of Idaho relating to eminent 
domain. Under these circumstances, the affected person is exempt from the provisions of subsection 
(1) of this section and may seek judicial review through an inverse condemnation action specifying 
neglect by local government to provide "just compensation" under the provisions of section 
14, article I, of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code.

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 
related permits with the local governing board or commission. Appropriate permits as defined by local 
ordinance shall be forwarded to the county assessor.

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 
classes of permits, or both, it shall state in writing its reasons for that finding. The governing board may 
then proceed without recommendation of a commission, upon any abbreviated notice of hearing that 
it finds practical, to adopt the ordinance or moratorium. An emergency ordinance or moratorium may 
be effective for a period of not longer than one hundred and twenty (120) days.

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 procedures provided in 
section 67-6509, Idaho Code. The governing board may also adopt an interim moratorium upon the 
issuance of selected classes of permits if, in addition to the foregoing, the governing board finds and states
 in writing that an imminent peril to the public health, safety, or welfare requires the adoption of an interim 
moratorium. An interim ordinance or moratorium shall state a definite period of time when it shall be in full 
force and effect.

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 commission, on 
the proposed plan and zoning ordinance changes for the unincorporated area. Each commission and 
the city council shall follow the notice and hearing procedures provided in section 67-6509, Idaho Code. 
Concurrently or immediately following the adoption of an ordinance of annexation, the city council shall 
amend the plan and zoning ordinance.

67-6526.  AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing 
board of each county and each city therein shall adopt by ordinance following  the notice and hearing 
procedures provided in section 67-6509, Idaho Code, a map identifying an area of city impact within 
the unincorporated area of the county. A separate ordinance providing for application of plans and 
ordinances for the area of city impact shall be adopted. Subject to the provisions of section 50-222, 
Idaho Code, an area of city impact must be established before a city may annex adjacent territory. 
This separate ordinance shall provide for one (1) of the following: 
    (1)  Application of the city plan and ordinances adopted under this chapter to the area of city impact; or 
    (2)  Application of the county plan and ordinances adopted under this chapter to the area of city impact; or 
    (3)  Application of any mutually agreed upon plan and ordinances adopted under this chapter to the 
area of city impact. 
    Areas of city impact, together with plan and ordinance requirements, may cross county boundaries by 
agreement of the city and county concerned if the city is within three (3) miles of the adjoining county. 
    (b)  If the requirements of section 67-6526(a), Idaho Code, are not met by January 1, 2000, the county 
commissioners for the county concerned, together with three (3) elected city officials designated by 
the mayor of the city and confirmed by the council, shall, within thirty (30) days after the city officials have 
been confirmed by the council, select three (3) city or county residents. These nine (9) persons shall, 
by majority vote, recommend to the city and county governing boards an area of city impact together 
with plan and ordinance requirements. The recommendations shall be submitted to the governing 
boards within one hundred eighty (180) days after the selection of the three (3) at-large members and 
shall be acted upon by the governing boards within sixty (60) days of receipt. If the city or county fails to 
enact ordinances providing for an area of city impact, plan, and ordinance requirements, either the city
 or county may seek a declaratory judgment from the district court identifying the area of city impact, 
and plan and ordinance requirements. In defining an area of city impact, the following factors shall be 
considered  (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to 
be annexed to the city in the future. 
    (c)  If areas of city impact overlap, the cities involved shall negotiate boundary adjustments to be 
recommended to the respective city councils. If the cities cannot reach agreement, the board of county 
commissioners shall, upon a request from either city, within thirty (30) days, recommend adjustments to 
the areas of city impact which shall be adopted by ordinance by the cities following the notice and hearing
procedures provided in section 67-6509, Idaho Code. If any city objects to the recommendation of the board 
of county commissioners, the county shall conduct an election, subject to the provisions of section 34-106,
Idaho Code, and establish polling places for the purpose of submitting to the qualified electors residing in 
the overlapping impact area, the question of which area of city impact the electors wish to reside. The results 
of the election shall be conclusive and binding, and no further proceedings shall be entertained by the 
board of county commissioners, and the decision shall not be appealable by either city involved. The 
clerk of the board of county commissioners shall by abstract of the results of the election, certify that fact, 
record the same and transmit copies of the original abstract of the result of the election to the clerk of the 
involved cities. 
    (d)  Areas of city impact, plan, and ordinance requirements shall remain fixed until both governing boards 
agree to renegotiate. In the event the city and county cannot agree, the judicial review process of subsection
 (b) shall apply. Renegotiations shall begin within thirty (30) days after written request by the city or county 
and shall follow the procedures for original negotiation provided in this section. 
    (e)  Prior to negotiation or renegotiation of areas of city impact, plan, and ordinance requirements, the 
governing boards shall submit the questions to the planning, zoning, or planning and zoning commission 
for recommendation. Each commission shall have a reasonable time fixed by the governing board to make 
its recommendations to the governing board. 
    (f)  This section shall not preclude growth and development in areas of any county within the state of Idaho 
which are not within the areas of city impact provided for herein. 
    (g)  If the area of impact has been delimited pursuant to the provisions of subsection (a) (1) of this section, 
persons living within the delimited area of impact shall be entitled to representation on the planning, zoning, 
or the planning and zoning commission of the city of impact.  Such representation shall as nearly as possible 
reflect the proportion of population living within the city as opposed to the population living within the areas of 
impact for that city.  To achieve such proportional representation, membership of the planning, zoning or 
planning and zoning commission, may exceed twelve (12) persons, notwithstanding the provisions of subsection 
(a) of section 67-6504, Idaho Code.  In instances where a city has combined either or both of its planning and 
zoning functions with the county, representation on the resulting joint planning, zoning or planning and zoning 
commission shall as nearly as possible reflect the proportion of population living within the impacted city, the 
area of city impact outside the city, and the remaining unincorporated area of the county.  Membership on 
such a joint planning, zoning or planning and zoning commission may exceed twelve (12) persons, 
notwithstanding the provisions of subsection (a) of section 67-6504, Idaho Code.

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 the 
governing board may provide by ordinance for punishment thereof by fine or imprisonment or by both. Local 
ordinances adopted pursuant to authority granted by this chapter may be enforced by the imposition of 
infraction penalties. Except that where property has been made nonconforming by the exercise of eminent 
domain it shall not be a violation and no penalty, either civil or criminal, shall result. In addition, whenever it 
appears to a governing board that any person has engaged or is about to engage in any act or practice 
violating any provision of this chapter or an ordinance or regulation enacted pursuant to this chapter, the 
governing board may institute a civil action in the district court to enforce compliance with this chapter or 
any ordinance or regulation enacted hereunder. Upon a showing that a person has engaged or is about to 
engage in an act or practice constituting a violation of this chapter or ordinance or regulation enacted 
hereunder, a permanent or temporary injunction, restraining order, or such other relief as the court deems 
appropriate shall be granted. The governing board shall not be required to furnish bond.

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 implementation of the plan and ordinances, 
the governing board or commission shall take into account the plans and needs of the state of Idaho and 
all agencies, boards, departments, institutions, and local special purpose districts. The provisions of plans 
and ordinances enacted pursuant to this chapter shall not apply to transportation systems of statewide 
importance as may be determined by the Idaho transportation board. The Idaho transportation board shall 
consult with the local agencies affected specifically on site plans and design of transportation systems within 
local jurisdictions. If a public utility has been ordered or permitted by specific order, pursuant to title 61, Idaho 
Code, to do or refrain from doing an act by the public utilities commission, any action or order of a governmental 
agency pursuant to titles 31, 50 or 67, Idaho Code, in conflict with said public utilities commission order, shall 
be insofar as it is in conflict, null and void if prior to entering said order, the public utilities commission has 
given the affected governmental agency an opportunity to appear before or consult with the public utilities 
commission with respect to such conflict.

67-6529.  APPLICABILITY TO AGRICULTURAL LAND. 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 and complete use of agricultural land for production of any agricultural product. 
Agricultural land shall be defined by local ordinance or resolution.

67-6530.  DECLARATION OF PURPOSE. The legislature declares that it is the policy of this state 
that mentally and/or physically handicapped or elderly persons are entitled to live in normal residential 
surroundings and should not be excluded therefrom because of their disability or advanced age, and in 
order to achieve statewide implementation of such policy it is necessary to establish the statewide policy 
that the use of property for the care of eight (8) or fewer mentally and/or physically handicapped or elderly 
persons is a residential use of such property for the purposes of local zoning.

67-6531.  SINGLE FAMILY DWELLING.    (a) For the purpose of any zoning law, ordinance or code,
the classification "single family dwelling" shall include any home in which eight (8) or fewer 
unrelated mentally and/or physically handicapped or elderly persons reside; and which is supervised.
    (b)  Resident staff, if employed, need not be related to each other or to any of the mentally and/or physically 
handicapped or elderly persons residing in the home.
    (c)  No more than two (2) of such staff shall reside in the dwelling at any one time.

67-6532.  LICENSURE, STANDARDS AND RESTRICTIONS.    (a) The department 
of health and welfare may require such residences to be licensed and set minimum standards for providing 
services or operation. Such licensure may be under the residential care home regulations, or under the 
intermediate care facilities for mentally retarded or related conditions regulations, or under regulations 
specifically written for such residences. 
    (b)  No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential 
facility which serves eight (8) or fewer mentally and/or physically handicapped or elderly persons and is 
supervised as required in section 67-6531, Idaho Code, which is not required of a single family dwelling 
in the same zone.
    (c)  No local ordinances or local restrictions shall be applied to or required for a residential facility 
which serves eight (8) or fewer mentally and/or physically handicapped or elderly persons and is 
supervised as required in section 67-6531, Idaho Code, which is not applied to or required for a single 
family dwelling in the same zone.

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, within 
twenty-five hundred (2500) feet of any school, church, or place of worship measured in a straight line to 
the nearest entrance to the premises. 
    (b)  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 in subsection 1 of section 18-1515, Idaho Code, where such 
materials constitute ten percent (10%) or more of the printed materials held for sale or rent of such store, 
shop or business, within twenty-five hundred (2500) feet of any school, church, or place of worship measured 
in a straight line to the nearest entrance to the premises.
    (c)  From and after the effective date of this act, a violation of subsection (a) or subsection (b) of this section 
shall be a misdemeanor.
    (d)  A judge of a court of competent jurisdiction shall immediately issue a temporary restraining order for a 
violation of subsection (a) or subsection (b) of this section upon application therefore [therefor] by any 
public or private entity or person and upon compliance with the Idaho rules of civil procedure, except that 
no bond or security for the issuance of such restraining order shall be required. Further, a violation of 
subsection (a) or subsection (b) of this section shall subject the person and entities therefore [therefor] 
to a preliminary and permanent order of any court of this state enjoining them from such violation and no 
bond or security shall be required from the plaintiff or applicant therefore [therefor].
 (e)  No entity, public or private, nor any person shall be liable for any damages, costs or attorney fees for 
any acts attempting to civilly or criminally enforce this section.
  (f)  Nothing contained in this section shall preempt or prohibit cities or counties from regulating or restricting
 the location of the business activity described in this section and cities and counties are hereby specifically 
authorized to so regulate or restrict the location of said business activity.

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 STANDARDS AND TO BE IN WRITING.
    (a) The approval or denial of any application provided for in this chapter shall be based upon standards 
and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate 
ordinance or regulation of the city or county.
    (b)  The approval or denial of any application provided for in this chapter shall be in writing and 
accompanied by a reasoned statement that explains the criteria and standards considered relevant, 
states the relevant contested facts relied upon, and explains the rationale for the decision based on the 
applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent 
constitutional principles and factual information contained in the record. 
    (c)  It is the intent of the legislature that decisions made pursuant to this chapter should be founded upon 
sound reason and practical application of recognized principles of law. In reviewing such decisions, the 
courts of the state are directed to consider the proceedings as a whole and to evaluate the adequacy of 
procedures and resultant decisions in light of practical considerations with an emphasis on fundamental 
fairness and the essentials of reasoned decision-making. Only those whose challenge to a decision 
demonstrates actual harm or violation of fundamental rights, not the mere possibility thereof, shall be 
entitled to a remedy or reversal of a decision.

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 this statute for which a 
transcribable verbatim record must be maintained shall include all public hearings at which testimony or 
evidence is received or at which an applicant or affected person addresses the commission or governing 
board regarding a pending application or during which the commission or governing board deliberates 
toward a decision after compilation of the record. Upon written request and within the time period provided 
for retention of the record, any person may have the record transcribed at his expense. 
    The governing board and commission shall also provide for the keeping of minutes of the proceedings. 
Minutes shall be retained indefinitely or as otherwise provided by law.

67-6537.  APPLICATION TO GROUND WATER. When considering amending, repealing or adopting a 
comprehensive plan, the local governing board shall consider the effect the proposed amendment, 
repeal or adoption of the comprehensive plan would have on the quality of ground water in the area.

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 property 
for their designed purpose based solely on the nonuse of the improvements for their designed purpose 
for a period of ten (10) years or less. Where an owner or his authorized agent permits or allows an 
approved or unlawful intervening use of the owner's property, the provisions of this section are not applicable. 
    (2)  If the nonuse continues for a period of one (1) year or longer, the city or county may, by written request,
require that the owner declare his intention with respect to the continued nonuse of the improvements in 
writing within twenty-eight (28) days of receipt of the request. If the owner elects to continue the nonuse, he 
shall notify the city or county in writing of his intention and shall post the property with notice of his intent to 
continue the nonuse of the improvements. He shall also publish notice of his intent to continue the nonuse 
in a newspaper of general circulation in the county where the property is located. If the property owner 
complies with the requirements of this subsection, his  right to use such improvements in the future for their 
designed purpose shall continue, notwithstanding any change in the zoning of the property. 
    (3)  The property owner may voluntarily elect to withdraw the use by filing with the clerk of the city or the 
county, as the case may be, an affidavit of withdrawn use. If the property is redesigned for a different use, 
the property owner shall be deemed to have abandoned any grandfather right to the prior use of the property. 
    (4)  For purposes of this section "designed purpose" means the use for which the improvements 
were originally intended, designed and approved pursuant to any applicable planning and zoning ordinances. 
    (5)  The provisions of this section shall not be construed to prohibit a city or a county from passing or 
enforcing any other law or ordinance for the protection of the public health, safety and welfare.