A.   Mediation is a discretionary communication process potentially available to any affected person who owns real property that might be materially affected by a quasi-judicial zoning related issue or whenever determined by the City Council. The purpose of mediation is to promote resolution of differences concerning potentially divisive land use matters. The process for mediation, if required or proposed by the City Council, shall follow the procedures set forth in this section, to the extent they are compatible with Idaho law.

   B.   Mediation may be requested in writing by any applicant or affected person, or by the Mayor, Administrator, Planning and Zoning Commission or the City Council, during the course of any quasi-judicial matter, but in any case, no later than fourteen (14) days after entry of a final decision and prior to any person filing a petition for judicial review.

   C.   The parties to any mediation application shall participate in at least one mediation session if mediation is authorized by either the Planning and Zoning Commission or the City Council. The City of Idaho City shall designate the mediator and will pay the expense of mediation for the first meeting among mediating parties. Compensation of the mediator for additional sessions will be determined by parties participating in the mediation prior to any subsequent mediation sessions. After completion of the initial mediation session, an applicant or otherwise affected party may decline to participate in mediation that has been proposed by the City of Idaho City.

   D.   Upon request for mediation and until at least one mediation session has been held, any time limitation relevant to the application made on the basis of such mediation shall be tolled. Such tolling shall cease when the City Council determines that the mediation should cease through their official action or where no mediation session is scheduled for at least twenty eight (28) days from the date of a mediation request. A subsequent public hearing must be held before the City Council where mediated resolution results in recommended change(s) to an application.

   E.   The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 352, 4-25-2018)

Any procedure addressed by this title that authorizes the Planning and Zoning Commission to make a decision, as contrasted with a recommendation to the City Council, shall not be deemed a final decision unless it has been appealed to the City Council by the party seeking to bring a judicial appeal. Any such appeal must be filed with the Administrator within fourteen (14) days after the date of the decision entered by the Planning and Zoning Commission. Any such appeal must be accompanied by the filing fee established by resolution of the City Council and a completed appeal application as provided by the Administrator. Any such appeal shall be decided by the City Council within one hundred eighty (180) days of the date it is filed with the Administrator. Failure to file such an appeal shall constitute a failure to exhaust administrative remedies prior to seeking a court review of proceedings. (Ord. 352, 4-25-2018)

   A.   An administrative exception to express bulk or placement standards may be approved by the Administrator upon a showing by an applicant that any such exception is consistent with the intent of zoning title policy in general, that the exception is essential to make productive use of the land involved, that the exception would not conflict with requirements established by uniform codes, that the public safety would not be compromised and that the interests of neighboring landowners would not be impaired by approval of the exception. The maximum extent of administrative exception shall not exceed twenty percent (20%) reduction in required setback from external property lines, up to a ten percent (10%) reduction in lot area requirements or up to a ten percent (10%) increase in the allowable height of buildings, administrative discretion to allow fences or walls in excess of existing maximums by up to an additional foot in the designated front yard area, and allowing fences or walls up to two feet (2') higher than the maximum in a rear or side yard.

   B.   An application for an administrative exception shall include a written description of the requested exception and a site plan that shows information relevant to request in order to allow the Administrator to evaluate the proposed exception. Any application requesting an exception equal to fifty percent (50%) or more of the maximum allowed by this section (e.g., a setback reduction equal to 10 percent of the required setback or exceeding the maximum height allowed by 5 percent, or more) shall include the names and addresses of adjoining property owners. The Administrator will prepare a notice of any administrative exception request and mail it to abutting property owners who will have seven (7) calendar days from the date of mailing to deliver a written responsive comment to the Administrator.

   C.   After considering the merits of any comments submitted by neighboring landowners, an administrative exception may be approved, approved with modifications or denied by the Administrator. The Administrator, when deciding, shall consider the factors set forth in subsection A of this section.

   D.   Written notice of the decision shall be provided to the applicant and mailed to any abutting property owner who submitted written comments. A decision may be appealed within seven (7) days of such mailing by any affected property owner who commented or by the applicant in accordance with procedures specified by this title for decisions made by the Administrator. (Ord. 352, 4-25-2018)

   A.   A legal nonconforming structure is one that was in compliance with all Land Use and Building Code requirements at the time it was constructed, or that was constructed or established before land use regulations were enacted but does not conform to the structure requirements of the current Land Use Codes of Idaho City. It is the policy of the City of Idaho City to encourage maintenance and continued vitality of existing legal nonconforming structures until a change of land use is undertaken by the owner in conformance with requirements of this title.

   B.   Any legal nonconforming permanent structure may continue to be used and maintained as otherwise allowed by this title. A nonconforming structure shall not be enlarged in area in any way that increases its non-conformity. A structure used to house a non-conforming nonresidential use may be enlarged by up to ten percent (10%) of its square footage so long as any such enlargement does not increase the non-conformity of any setbacks or building bulk regulations.

   C.   A damaged or destroyed legal nonconforming structure may be repaired or reconstructed provided that the extent of the previously existing nonconformance is not increased.

   D.   Any structure legally built prior to the adoption of land use regulations within a currently required yard setback area shall be deemed a legal non-conforming structure and the nonconforming dimension shall not be expanded by additional construction, unless otherwise qualifying for a variance. (Ord. 352, 4-25-2018)

All existing uses of land that are not permitted uses in the zoning district in which such use is being conducted, and all uses which, if presently initiated, would require a conditional use permit, and which do not have a conditional use permit, are deemed legal nonconforming uses. Legal nonconforming uses shall not be expanded or extended in any way, except as otherwise expressly allowed by this title. A legal nonconforming use shall not be changed except to a use that complies with the regulations of the zoning district in which the subject property lies or to diminish its non-conformity. (Ord. 352, 4-25-2018)

   A.   All existing platted subdivision lots that do not meet the minimum lot area and dimension standards of the district within which they are located are hereby deemed nonconforming lots. Any lot that was legally created prior to the effective date of this title may be used in conformance with the uses permitted by the zoning district within which it is located, provided that all yard and setback requirements are met. If lot area is deficient in a residential zone by no more than fifty percent (50%), any such non-conforming lot may be used only for construction of a detached single-family dwelling. Undeveloped, nonconforming lots of at least fifty percent (50%) of the minimum required lot area may be used and have a single-family structure erected upon them.

   B.   Notwithstanding the foregoing, if any such lot is contiguous to one or more lots of common ownership and any combination of such lots will meet the area or dimension standards of this title, such lots shall be considered to be an undivided parcel for the purposes of this title. Accordingly, the separate lots shall be treated as a single parcel concerning the issuance of a building permit for any residential construction on the lot, or contiguous commonly owned lots where this condition exists. No nonconforming or conforming lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity. In the least dense residential district in Idaho City, any lot with an area less than the minimum required for the least dense residential district may only be developed to the minimum residential use allowed in the zone. Any lot in any residential district that has an area less than the minimum square footage desired, but at least fifty percent (50%) of the minimum area, unless it adjoins one or more substandard lots held in common ownership, may only be developed with a single-family dwelling unit. (Ord. 352, 4-25-2018)