Adds to existing law to establish provisions allowing for multifamily residential housing developments in areas zoned for commercial use.

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	11
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(3) By resolution or ordinance adopted, amended, or repealed in accor-	24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

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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;	11
(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

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