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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
802
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
LOCAL
LAND
USE
PLANNING;
AMENDING
CHAPTER
65,
TITLE
67,
IDAHO
2
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
6542,
IDAHO
CODE,
TO
ESTABLISH
3
PROVISIONS
ALLOWING
FOR
MULTIFAMILY
RESIDENTIAL
HOUSING
DEVELOPMENTS
4
IN
AREAS
ZONED
FOR
COMMERCIAL
USE;
AND
DECLARING
AN
EMERGENCY
AND
PRO
-
5
VIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
65,
Title
67,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
67
-
6542,
Idaho
Code,
and
to
read
as
follows:
10
67
-
6542.
MULTIFAMILY
RESIDENTIAL
HOUSING
DEVELOPMENTS
IN
COMMERCIAL
1
1
USE
ZONES.
(1)
The
legislature
finds
that
Idaho
communities
face
a
shortage
12
of
housing
close
to
jobs,
schools,
and
services.
Authorizing
multifamily
13
residential
housing
developments
in
commercial
zones
allows
developers
to
14
make
use
of
underutilized
office
space,
increase
housing
supply,
reduce
com
-
15
mute
times,
and
promote
economic
growth.
16
(2)
Cities
shall
permit
multifamily
residential
housing
developments
17
in
areas
zoned
for
commercial
use
in
accordance
with
the
provisions
of
this
18
section
and
subject
to
the
same
siting,
design,
and
development
standards
19
that
apply
to
other
commercial
use
in
the
same
zoning
district.
"Commercial
20
use"
means
any
zoning
district
established
by
a
local
government
where
the
21
primary
permitted
uses
are
retail,
office,
or
other
non
-
residential
commer
-
22
cial
activity.
23
(3)
By
resolution
or
ordinance
adopted,
amended,
or
repealed
in
accor
-
24
dance
with
the
notice
and
hearing
procedures
provided
under
section
67
-
6509,
25
Idaho
Code,
each
city
governing
board
shall
amend
its
comprehensive
plan
and
26
land
use
regulations
for
all
land
zoned
for
commercial
use
to:
27
(a)
Allow
for
multifamily
residential
housing
developments
in
dis
-
28
tricts
zoned
for
commercial
use
as
provided
for
in
this
section;
and
29
(b)
Prohibit
requiring
more
than
one
(1)
parking
space
per
dwelling
30
unit
within
a
multifamily
residential
housing
development,
unless
a
31
demonstrated
site
-
specific
safety
or
infrastructure
capacity
concern
32
justifies
additional
parking.
33
(4)
Multifamily
residential
housing
development
projects
that
meet
the
34
jurisdiction's
established
land
use
requirements
shall
be
approved
adminis
-
35
tratively
and
as
a
matter
of
right,
without
the
need
for
discretionary
ap
-
36
proval.
Such
projects
shall
not
be
subject
to
permitting
or
review
that
is
37
not
applied
to
other
projects
that
are
approved
as
a
matter
of
right
in
a
com
-
38
mercial
use
zone.
39
(5)
Any
approval
standards,
including
siting
and
design,
adopted
by
a
40
local
government
shall
be
clear
and
objective
and
shall
not
have
the
effect,
41
2
either
singularly
or
cumulatively,
of
rendering
the
development
of
multi
-
1
family
residential
housing
economically
infeasible.
2
(6)
A
property
owner,
housing
provider,
or
other
affected
party
may
3
bring
a
private
cause
of
action
for
injunctive
relief,
monetary
damages,
4
reasonable
attorney's
fees
and
costs,
and
any
other
appropriate
relief
5
available
under
the
law
to
enforce
compliance
with
the
provisions
of
this
6
section.
7
(7)
The
provisions
of
this
section
shall
not
apply
to:
8
(a)
Land
zoned
exclusively
for
industrial
use;
9
(b)
Areas
designated
as
floodplain,
steep
slope,
or
critical
environ
-
10
mental
hazard;
1
1
(c)
Parcels
located
within
the
approach
area
of
an
airport
runway,
de
-
12
fined
as
one
-
half
(1/2)
mile
laterally
and
one
(1)
mile
longitudinally
13
from
the
outer
limits
of
a
runway
protection
zone;
and
14
(d)
Parcels
located
within
an
airport
overlay
district,
airport
influ
-
15
ence
area,
or
airport
zoning
district
adopted
by
a
state
or
local
gov
-
16
ernment
within
the
state
of
Idaho.
17
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
18
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
19
July
1,
2026.
20