[Vision2020] Prop 2

[Mark Solomon]

Building codes are specifically exempted from the provisions of Prop 
2. It is the land use decision (as in comprehensive planning, zoning, 
subdivision ordinances, etc) that it attacks.

Mark

(6) Subsection (5) of this section shall not apply to land use laws:

     (a) Limiting or prohibiting a use or division of real property 
for the protection of public health and safety, such as fire and 
building codes, health and sanitation regulations, traffic control, 
liquor controls solid or hazardous waste regulations, and pollution 
control regulations;

     (b) Limiting or prohibiting a use or division of real property 
commonly and historically recognized as a public nuisance under 
common law;

     (c) Required by federal law;

     (d) Limiting or prohibiting the use or division of a property for 
the purpose of selling pornography or performing nude dancing, 
provided such land use laws are consistent with the Idaho and United 
States Constitutions; or

     (e) Were enacted before the effective date of this Section.

     (f) That do not directly regulate an owner's land.


At 2:45 PM -0700 8/10/06, Tom Ivie wrote:
>Just so I understand...If Prop 2 were to pass and I applied for a 
>building permit to put up..lets say a fence.  But the fence did not 
>meet the code as far as distance to the street, heighth, etc.  Would 
>I be able to make a claim against the city if they rejected my 
>permit application?  How might this apply to development covenents? 
>Or would it?
>
>
>
>Get your email and more, right on the 
><http://us.rd.yahoo.com/evt=42973/*http://www.yahoo.com/preview> new 
>Yahoo.com
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