67-6510. MEDIATION — TIME LIMITATIONS TOLLED. (1) The procedure established for the processing of applications by this chapter or by local ordinance shall include the option of mediation upon the written request of the applicant, an affected person, the zoning or planning and zoning commission or the governing board. Mediation may occur at any point during the decision-making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision-making body.
(2) The applicant and any other affected persons objecting to the application shall participate in at least one (1) mediation session if mediation is requested by the commission or the governing board. The governing board shall select and pay the expense of the mediator for the first meeting among the interested parties. Compensation of the mediator shall be determined among the parties at the outset of any mediation undertaking. An applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant, except that the parties shall participate in at least one (1) mediation session if directed to do so by the governing board.
(3) During mediation, any time limitation relevant to the application shall be tolled. Such tolling shall cease when the applicant or any other affected person, after having participated in at least one (1) mediation session, states in writing that no further participation is desired and notifies the other parties, or upon notice of a request to mediate wherein no mediation session is scheduled for twenty-eight (28) days from the date of such request.
(4) The mediation process may be undertaken pursuant to the general limitations established by this section or pursuant to local ordinance provisions not in conflict herewith.
(5) The mediation process shall not be part of the official record regarding the application.
History:
[67-6510, added 2000, ch. 199, sec. 2, p. 491.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 65 - LOCAL LAND USE PLANNING
Section 67-6501 - SHORT TITLE.
Section 67-6503 - PARTICIPATION OF LOCAL GOVERNMENTS.
Section 67-6505 - JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES.
Section 67-6506 - CONFLICT OF INTEREST PROHIBITED.
Section 67-6507 - THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION.
Section 67-6508 - PLANNING DUTIES.
Section 67-6509 - RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.
Section 67-6509A - SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS — PLAN TO BE AMENDED.
Section 67-6509B - MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED.
Section 67-6510 - MEDIATION — TIME LIMITATIONS TOLLED.
Section 67-6511 - ZONING ORDINANCE.
Section 67-6511A - DEVELOPMENT AGREEMENTS.
Section 67-6512 - SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES.
Section 67-6513 - SUBDIVISION ORDINANCE.
Section 67-6514 - EXISTING ZONING OR SUBDIVISION ORDINANCES.
Section 67-6515 - PLANNED UNIT DEVELOPMENTS.
Section 67-6515A - TRANSFER OF DEVELOPMENT RIGHTS.
Section 67-6516 - VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING.
Section 67-6517 - FUTURE ACQUISITIONS MAP.
Section 67-6519 - APPLICATION GRANTING PROCESS.
Section 67-6520 - HEARING EXAMINERS.
Section 67-6521 - ACTIONS BY AFFECTED PERSONS.
Section 67-6522 - COMBINING OF PERMITS — PERMITS TO ASSESSOR.
Section 67-6523 - EMERGENCY ORDINANCES AND MORATORIUMS.
Section 67-6524 - INTERIM ORDINANCES AND MORATORIUMS.
Section 67-6525 - PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.
Section 67-6526 - AREAS OF CITY IMPACT — NEGOTIATION PROCEDURE.
Section 67-6527 - VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT.
Section 67-6528 - APPLICABILITY OF ORDINANCES.
Section 67-6529A - SHORT TITLE.
Section 67-6529B - LEGISLATIVE FINDINGS AND PURPOSES.
Section 67-6529C - DEFINITIONS.
Section 67-6529E - PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.
Section 67-6529G - REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.
Section 67-6529H - SITE SUITABILITY DETERMINATION — APPLICATION FEES.
Section 67-6530 - DECLARATION OF PURPOSE.
Section 67-6531 - SINGLE FAMILY DWELLING.
Section 67-6532 - LICENSURE, STANDARDS AND RESTRICTIONS.
Section 67-6533 - LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS.
Section 67-6534 - ADOPTION OF HEARING PROCEDURES.
Section 67-6536 - TRANSCRIBABLE RECORD.
Section 67-6537 - USE OF SURFACE AND GROUND WATER.
Section 67-6538 - USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS.
Section 67-6539 - LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS.