S 1353 — HOUSING – Adds to existing law to establish provisions regarding regulation of twin homes and duplexes.

13531353, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO HOUSING;

(1) No city shall enact or enforce any ordinance within its jurisdiction that bans twin homes or duplexes in any residential zoning areadistrict where single-family dwellings are permitted.permit- ted.

"Twin home" means a residential building that consists of two (2) separatesep- arate living units that share a wall but where each unit is independently owned and main-maintained tained.and where each owner owns the underlying land in fee simple ownership.

(2) By OctoberFebruary 1, 2026,2027, by resolution or ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided pur-pursuant suant to section 67-6509, Idaho Code, each city governing board shall amend its comprehensive plan and land use regulations for all land zoned for sin-single-family gle-family residential uses, except for lands falling within an area defined as a historic district under section 67-4607, Idaho Code, or desig- nated as a historic property pursuant to section 67-4614, Idaho Code, to:

(c) Prohibit requiring more than one (1) off-street parking space per dwelling unit;unit, provided that the lot is on a street that is paved and designed or constructed for on-street parking or is within one-fourth (1/4) mile of transit, an available designated parking area, an employ- ment area, or commercial services;

(3) Twin home or duplex projects that meet the jurisdiction's estab- lished land use requirements shall be approved administratively and as a matter of right, without the need for discretionary approval, in the same manner as a single-family dwelling.dwelling, provided that there are no infrastruc- ture constraints or emergency access or international fire code conflicts.

Cities may require minimum lot frontage of twenty-five (25) to thirty (30) feet to allow for utility connections spacing requirements, to accommo- date off-street parking, if provided, and to allow increased setbacks if on-street snow storage is impractical due to road width.

Cities may impose objective maximum impervious coverage ratios and on-site stormwater reten- tion standards.

(5) The provisions of this section shall apply only to cities with a population greater than fiveten thousand (5,000).(10,000).

(6) Nothing in this section shall prohibit a city from enacting regula- tions, standards, or conditions that are less restrictive than the require- ments of this section.

(7) The provisions of this section shall not supersede state or local laws that protect public health, safety, and welfare, including:

(a) Building codes, fire safety standards, and flood plain regula- tions;

(b) Laws regarding water, sewer, storm drainage, road access, roadway classification or conditions, infrastructure capacity constraints, and utility services necessary to support the required density;

(c) Laws regarding environmental hazards, aquifer recharge zones, steep slopes, and critical habitat protections;

and (d) Laws and regulations regarding setback requirements for rights-of- way and easements.