1. 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 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 council, shall follow the procedures set forth in this section, to the extent they are compatible with Idaho law.
   
2. Mediation may be requested in writing by any applicant or affected person, or by the mayor, administrator, planning and zoning commission or the council, during the course of any quasi-judicial matter, but in any case no later than fourteen days after entry of a final decision and prior to any person filing a petition for judicial review.
   
3. 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 council. The parties shall agree upon a mediator and shall share the cost of mediation equally.
   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.
   
4. 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 council determines that the mediation should cease through their official action or where no mediation session is scheduled for at least twenty-eight days from the date of a mediation request. A subsequent public hearing must be held before the council where mediated resolution results in recommended change(s) to an application.
   
5. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based.
   

(Ord. No. 2015-01, § 2, 2-26-2015)

1. 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 the city. It is the policy of the 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 the zoning ordinance.
   
2. 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 nonconformity. A structure used to house a nonconforming nonresidential use may be enlarged, subject to all required building permits, by up to ten percent of its square footage so long as any such enlargement does not increase the nonconformity of any setbacks or building bulk regulations.
   
3. A damaged or destroyed legal nonconforming structure may be repaired or reconstructed subject to all required building permits, provided that the extent of the previously existing nonconformance is not increased.
   
4. Any structure legally built prior to the adoption of land use regulations within a currently required yard setback area shall be deemed a legal nonconforming structure and the nonconforming dimension shall not be expanded by additional construction, unless otherwise qualifying for a variance.
   

(Ord. No. 2015-01, § 2, 2-26-2015)

1. 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 the ordinance from which this title was derived may be used in conformance with the uses permitted by the zoning district with in 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, any such nonconforming lot may be used only for construction of a detached single-family dwelling. Undeveloped, nonconforming lots of at least fifty percent of the minimum required lot area may be used and have a single-family structure erected upon them.
   
2. 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 the city's jurisdiction, 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 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.
   
3. The administrator is authorized to take such steps as are necessary, to abate, penalize or prevent the use of any unlawful structure, lot or use through the provisions of Chapter 17.11 SAMC of this title.
   

(Ord. No. 2015-01, § 2, 2-26-2015)