Table of Contents  Next Chapter  Previous Chapter

Planning Home

County Home

CHAPTER 11: MEDIATION AND APPEALS

(AMENDED SEPTEMBER 2003)

Section 1: Mediation

A. During any phase in the processing of an application for which public hearing is required by this ordinance, the applicant, an objecting party directly affected by the application or the Board of County Commissioners may request mediation in an effort to resolve issues specific to the application. Upon agreement or order to mediate, consideration of the application shall be immediately suspended and any public hearings, in progress or pending, shall be canceled.

B. The applicant or party affected by the application may request mediation by submitting written request to the zoning administrator or verbally during public hearing. If both the applicant and the affected party agree to mediation, a mediation date shall be set, not to exceed twenty-eight (28) days from the date agreement is reached.

C. The body with decision-making authority on an application, as granted by this ordinance, may order mediation by simple majority vote, and the applicant and affected parties as identified shall participate in at least one (1) mediation session. When so ordered, an Idaho licensed or certified mediator shall be selected to serve as mediator for the first mediation session at county expense, and the date of mediation shall be set within twenty-eight (28) days, though the mediation session itself may be held later than twenty-eight (28) days. Should continued mediation appear necessary or should the parties object to the chosen mediator, a mediator agreeable to both parties shall be selected at the first session and an agreement reached for compensation of the mediator.

D. The mediation process shall not be part of the official record regarding the application.

E. If, after at least one (1) mediation session, the applicant or affected party choose not to further proceed with mediation, they shall notify the zoning administrator in writing and processing of the application shall resume following proper public notice.

F. Upon conclusion of mediation, the applicant shall submit written notice to the zoning administrator, along with supplements to the application reflecting any agreements reached for inclusion in the official application record. Processing of the application shall proceed as follows:

1. If mediation was initiated prior to a recommendation by the Planning and Zoning Commission, the application shall be scheduled for public hearing before the Planning and Zoning Commission.

 2. If mediation occurs after a recommendation has been made by the Planning and Zoning Commission, the application shall be scheduled before the Board of County Commissioners.

            3. If mediation occurs after a final decision has been reached on the application, any resolution reached                through mediation shall be included with the application and be the subject of another public

            hearing by the deciding body.


Section 2: Administrative Appeals:
    A. Any person aggrieved by any administrative decision made in interpretation or enforcement of this ordinance may appeal such decision to the board of county commissioners by submitting a letter of appeal to the zoning administrator. The letter of appeal should include the name, address and telephone number of the appellant, the action or decision being appealed, and full details and grounds for the appeal.
    B. Upon receipt of a letter of appeal, the zoning administrator will determine whether the appeal affects adjacent property owners. If it is determined that such affect exists, a hearing on the appeal will be scheduled on the next available regular meeting agenda of the board of county commissioners, allowing for public notification as established at Chapter 16. If it is determined that the appeal will not affect adjacent property owners, the appeal will be scheduled on the next available regular meeting agenda of the board with no public notification required.
    C. The board of county commissioners shall decide on the appeal within ten (10) working days of the hearing. The board may affirm, modify or reverse the decision of the zoning administrator, and shall provide written notice to the appellant of the decision rendered. If no decision is made by the board within the time frame established herein, the appellant may demand a written decision within ten (10) days of date of demand, after which said appeal shall be deemed concluded in favor of the appellant.

Section 3: Appeals of Final Decisions of the Planning and Zoning Commission:
    A. Any property owner in Boundary County aggrieved by a final decision or determination of the Boundary County Planning and Zoning Commission may appeal such decision to the Board of County Commissioners.
    B. Such appeals shall be submitted to the zoning administrator, in writing, not more than twenty (20) days following the date the decision or determination was made. The appeal shall contain the name, address and telephone number of the appellant, the action or decision being appealed and the details and grounds of the appeal.
    C. If the matter being appealed was the subject of a public hearing before the planning and zoning commission, the board of county commissioners shall have the option of re-examining the record of the public hearing or of scheduling a new public hearing. As set forth at 67-6521, Idaho Code, if a petition is received bearing the signatures of twenty (20) or more persons, a public hearing shall be held following public notification per Chapter 16.
    D. If the matter being appealed was not the subject of a public hearing, the board of county commissioners may hear and decide the appeal as established in Section A of this chapter. As set forth at 67-6521, Idaho Code, if a petition is received bearing the signatures of twenty (20) or more persons, a public hearing shall be held following public notification per Chapter 16.
    E. The board of county commissioners shall render a final decision on the appeal within sixty (60) days of the initial hearing on the appeal. The decision shall be in writing, setting forth findings of fact and conclusions of law in support of the decision. Recourse from any final decision rendered by the board of county commissioners shall be to the courts as provided by law.