1. Planning and Zoning Essentials
Addressing the basics
June 2019

2. A Change of Course
Conversation with a respected legislator – concerns about controversy in his district
Raised questions of understanding about roles and responsibilities
Realized that involvement is often like jumping on a moving wagon
Moment to explain the basic framework of P-Z.

3. Cities and Counties Obligated Idaho Code §67-6503
Every city and county must plan and zone.
No direct state involvement.
No direct penalty for failure to comply – many consequences

4. Basic Duties P-Z Commission County Commissioners
Source of ideas/suggested policies
Mandated to conduct hearings
Advisor to BoCC
Can make decisions that don’t require ordinance to implement (plus subdivisions)
County Commissioners
Establish county policy
Implement policy through lawmaking
Decide appeals
Respond to P-Z ideas
Chairman
Appoints P-Z members, subject to confirmation

5. Do You Need P-Z Commission?
Does yours function well? Add value?
Is membership stable?
Do you communicate well with P-Z?
Does P-Z understand why you have decided issues?
Worthwhile to meet with them at least annually to check signals

6. Liability and Public Service
Treat the county’s liability exposure as your own
Your service is protected by the Idaho Tort Claims Act in the course and scope of your public duty
Same is true for civil rights lawsuit exposure
Follow the procedural advice of legal counsel
Generally not insured – not accidental
Don’t allow discriminatory comments to go unchallenged

7. How Do The Pieces Work? Comprehensive Plan – Expression of Policy
Zoning ordinance
Subdivision ordinance
Standards ordinance
Do you have clear standards for decision?
Does everyone understand decision criteria? Applicant? Neighbors?

8. Comprehensive Plan Required Idaho Code §67-6508
Planning commission (or governing board) must conduct comprehensive planning process.
Must include all land within jurisdiction.
Consider current conditions, future goals, etc.
Must include all 17 elements unless explain why one or more is unneeded.

9. Agriculture As A Land Use
I.C. § … “Agriculture – An analysis of the agricultural base of the area including agricultural lands, farming activities, farming- related businesses and the role of agriculture and agricultural uses in the community.”
How do you view agriculture?
Where does it fit in your local economy? Priority?
Do you protect it? If so, how?

10. Zoning Ordinance Required Idaho Code §67-6511
Procedures mirror comprehensive plan.
Zoning must be “in accordance with” comprehensive plan policies – serves to implement plan
Purposes:
Minimize conflicts with established/planned uses
Compatible with infrastructure
Zone change granted at request of owner, can’t be changed for four years without owner’s consent.

11. Subdivision Ordinances Authorized Idaho Code §67-6513
Works in conjunction with Title 50, Chapter 13. (platting)
Adoption and amendment of subdivision ordinance requires public hearing.
Hearings not required for individual subdivisions. But if you have hearings …
Ordinance can provide for mitigation of effects, but fees must accord with development impact fee statute.
Administration is critical – need clear standards

12. Development Standards Idaho Code §67-6518
Authorizes adoption of standards for many development-related purposes.
Be cautious of adopting standards “by reference” – only national codes.
A necessary complement to a subdivision or zoning ordinance.
Care should be taken to see that standards are current and consistent with national codes.

13. Basic Decision-making
Local Land Use Planning Act (LLUPA) started as purely legislative
1980 – Supreme Court held that site- specific land use decisions are quasi- judicial
Enacting or amending ordinances – legislative actions
How are legislative and quasi-judicial matters treated differently?