Final draft of the Land Development Code Ready for Review

June, 8 2022

Categories:

Watchdogging

, News

, Land Use Code

, Housing

What’s Next?

 

Read the FINAL draft of the Land Development Code!

*community plans and codes are written to be readable and understandable to folks with a high school education... that said, interpretation can sometimes lead to confusion and tools are in place to help the public understand... ask us, we can help!

 

Comment on the draft before it makes its way to adoption in one of three ways:

1. Email comments to the Commissioners

2. Mail or deliver to the Planning Department at 150 Courthouse Drive, Suite 107 Driggs, ID 83422

3. Comment at the hearing on June 29th

Signing up in advance is requested. Please use this sign up sheet to sign up for the hour you would like to give your 3 minute public comment. Fifteen people may sign up per hour. This can be in person or through Zoom. You will be given a number indicating your order to speak during that hour.

 

Attend (in person or Zoom) the Public Hearing on June 29th.

Follow Commissioners as they deliberate and move toward adoption of our new LDC. 

Wait.. will I vote for the LDC to be adopted?

 

No. Idaho law states, comprehensive plans and zoning ordinances cannot be adopted by initiative. This stems from a well-established body of law originating with the case of Gumprecht v. City of Coeur D’Alene, 104 Idaho 615 (1983) which stands for the premise that comprehensive plans and zoning ordinances cannot be adopted by voter initiative, or likewise repealed by voter referendum. Why? In Idaho, statutory authority for zoning decisions rests solely in the hands of city and county officials per the Idaho Local Land Use Planning Act. This authority to adopt zoning codes cannot be delegated to the voters as a ballot issue. It must be posed as a legislative question for elected officials. Good thing we vote for them! In 2018 this was codified into law with the passage of HB 568 which amended the state’s initiative and referendum procedures to specifically prohibit voter approval of local zoning legislation or any actions authorized by LLUPA (which includes comprehensive plans, zoning ordinances, subdivision ordinances, variances, and conditional use permits.) Thus, today, I.C. §34-1801B(22) states that the broadly construed individual right to petition via initiative and referenda simply “does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, [LLUPA] Idaho Code.” 

 

 

This is democracy at work, folks.. and what a process it has been! Oftentimes, community plans and codes can be “cookie cutter” type and tweaked a touch here or there to make them fit their respective communities. This is not the case for the Teton County Code. The meticulous research and discussion behind each decision by TC P&Z Commissioners and TC County Commissioners alike led us to a Draft LDC that reflects our County and no other. Much appreciation for so much work, Commissioners!

 

If you have questions, comments, concerns and/or thoughts of how the new LDC could impact your future land use decisions and/or potential property purchases, please reach out to us at VARD! We are all here to talk through scenarios and help you get answers to your questions.

Looking for discussions and responses from the BOCC special meetings? Check out this link:

Planning & Zoning Commissioner Comments and Reponses from the BOCC

 

Wondering if you have the same questions as a lot of other folks? Check out this link: FAQ's

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Contact

Niki Richards, Executive Director
(208) 354-1707
285 East Little Avenue
PO Box 1164
Driggs, ID 83422

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