[Vision2020] Prop 2

[Nils Peterson]

Mark

If Tom Ivie's fence is still regulated (thanks Tom for asking for a specific
example), how about Gene Thompson's rezone or subsequent plat, or CUP?

What about Rick Bebee putting a residential uses in the grain elevator with
its current industrial zoning?


On 8/10/06 3:22 PM, "mark solomon> wrote:

> 
> 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?
>>