Idaho State Statutes - Idaho Attorney Directory

Each governing board may, by ordinance
adopted or amended in accordance with the notice and hearing provisions
provided under section 67-6509, Idaho Code, require or permit as a condition
of rezoning that an owner or developer make a written commitment concerning
the use or development of the subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification,
enforcement and termination of conditional commitments. Such commitments shall
be recorded in the office of the county recorder and shall take effect upon
the adoption of the amendment to the zoning ordinance. Unless modified or
terminated by the governing board after a public hearing, a commitment is
binding on the owner of the parcel, each subsequent owner, and each other
person acquiring an interest in the parcel. A commitment is binding on the
owner of the parcel even if it is unrecorded; however, an unrecorded
commitment is binding on a subsequent owner or other person acquiring an
interest in the parcel only if that subsequent owner or other person has
actual notice of the commitment. A commitment may be modified only by the
permission of the governing board after complying with the notice and hearing
provisions of section 67-6509, Idaho Code. A commitment may be terminated, and
the zoning designation upon which the use is based reversed, upon the failure
of the requirements in the commitment after a reasonable time as determined by
the governing board or upon the failure of the owner; each subsequent owner or
each other person acquiring an interest in the parcel to comply with the
conditions in the commitment and after complying with the notice and hearing
provisions of section 67-6509, Idaho Code. By permitting or requiring
commitments by ordinance the governing board does not obligate itself to
recommend or adopt the proposed zoning ordinance. A written commitment shall
be deemed written consent to rezone upon the failure of conditions imposed by
the commitment in accordance with the provisions of this section.

Click here to visit the Official Idaho State Statutes