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ID S1138
Bill
Status
4/1/2013
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
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Requires overlay zoning districts to establish clear and objective standards while ensuring such standards do not constitute a regulatory taking under Idaho or federal law.
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Prohibits governing boards from enacting local ordinances that abrogate the statutory authority of public health districts, state agencies, or federal agencies.
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Mandates that approval or denial of land use applications be based on express standards set forth in comprehensive plans, zoning ordinances, or other ordinances and provided in writing with reasoned explanations of criteria, facts, and rationale.
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Establishes that applicants or affected persons seeking judicial review must first request reconsideration within 14 days, with a written decision required within 60 days; the 28-day period for judicial review is tolled until reconsideration is resolved.
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Makes conforming amendments to sections 31-1425 and 31-3908A regarding code references for notice requirements related to property tax exemptions for fire protection districts.
Legislative Description
Amends existing law relating to the Local Planning Act to provide that overlay zoning districts have specific standards; to provide that in no event shall the governing board by local ordinance enact provisions that abrogate the statutory authority of a public health district, state and/or federal agency; to enumerate express standards regarding the Local Planning Act, to provide procedures for reconsideration and to provide standards for appeal.
LOCAL PLANNING ACT
Last Action
Signed by Governor on 04/01/13 Session Law Chapter 216 Effective: 07/01/13
4/1/2013