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elect to withdraw the use by filing with the clerk of the city or the county, as the case may be, an affidavit of withdrawn use.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.
History:
[67-6538, added 1999, ch. 292, sec. 1, p. 731.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 65 - LOCAL LAND USE PLANNING
Section 67-6501 - SHORT TITLE.
Section 67-6503 - PARTICIPATION OF LOCAL GOVERNMENTS.
Section 67-6505 - JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES.
Section 67-6506 - CONFLICT OF INTEREST PROHIBITED.
Section 67-6507 - THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION.
Section 67-6508 - PLANNING DUTIES.
Section 67-6509 - RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.
Section 67-6509A - SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS — PLAN TO BE AMENDED.
Section 67-6509B - MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED.
Section 67-6510 - MEDIATION — TIME LIMITATIONS TOLLED.
Section 67-6511 - ZONING ORDINANCE.
Section 67-6511A - DEVELOPMENT AGREEMENTS.
Section 67-6512 - SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES.
Section 67-6513 - SUBDIVISION ORDINANCE.
Section 67-6514 - EXISTING ZONING OR SUBDIVISION ORDINANCES.
Section 67-6515 - PLANNED UNIT DEVELOPMENTS.
Section 67-6515A - TRANSFER OF DEVELOPMENT RIGHTS.
Section 67-6516 - VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING.
Section 67-6517 - FUTURE ACQUISITIONS MAP.
Section 67-6519 - APPLICATION GRANTING PROCESS.
Section 67-6520 - HEARING EXAMINERS.
Section 67-6521 - ACTIONS BY AFFECTED PERSONS.
Section 67-6522 - COMBINING OF PERMITS — PERMITS TO ASSESSOR.
Section 67-6523 - EMERGENCY ORDINANCES AND MORATORIUMS.
Section 67-6524 - INTERIM ORDINANCES AND MORATORIUMS.
Section 67-6525 - PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.
Section 67-6526 - AREAS OF CITY IMPACT — NEGOTIATION PROCEDURE.
Section 67-6527 - VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT.
Section 67-6528 - APPLICABILITY OF ORDINANCES.
Section 67-6529A - SHORT TITLE.
Section 67-6529B - LEGISLATIVE FINDINGS AND PURPOSES.
Section 67-6529C - DEFINITIONS.
Section 67-6529E - PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.
Section 67-6529G - REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.
Section 67-6529H - SITE SUITABILITY DETERMINATION — APPLICATION FEES.
Section 67-6530 - DECLARATION OF PURPOSE.
Section 67-6531 - SINGLE FAMILY DWELLING.
Section 67-6532 - LICENSURE, STANDARDS AND RESTRICTIONS.
Section 67-6533 - LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS.
Section 67-6534 - ADOPTION OF HEARING PROCEDURES.
Section 67-6536 - TRANSCRIBABLE RECORD.
Section 67-6537 - USE OF SURFACE AND GROUND WATER.
Section 67-6538 - USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS.
Section 67-6539 - LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS.