Applications shall be processed as follows:
A. Review: The city shall have a reasonable amount of time to review the application to determine its completeness based on the requirements in this title for each type of application. A reasonable time frame may include up to thirty (30) days.
B. Notice of Application Status: Following the review, the city shall inform the applicant in writing whether the application is complete or incomplete, specifying the items or information that may be necessary to complete the application.
C. Agency Review: Once the application has been determined to be complete, the city shall provide copies of the application to affected public agencies and entities, including, but not limited to, the health district, fire district, the city sewer and water departments, private water districts, the school district, transportation agencies, and state or federal agencies. The city shall stipulate the length of time for response, which may include up to thirty (30) days.
D. Completion of Agency Review: When the agency comment period is complete, the city shall forward all agency comments to the applicant. If additional agency information is requested, the city shall request the applicant provide adequate evidence that the proposal meets the standards of this title or the city may list the application as incomplete at the agency level, pending the receipt of the additional information.
E. Public Hearing Required: The following applications require public hearings:
1. Preliminary plats for regular and conservation subdivisions. The planning and zoning commission shall provide a recommendation to the city council. The city council shall make the final decision.
2. Short plats. The planning and zoning commission shall conduct a public hearing, with recommendation to city council. The city council may accept the recommendation of the planning and zoning commission or require a public hearing before making a decision, pursuant to the short plat procedures of Chapter 14 of this title.
3. Material modifications. Material modifications to plats, including changes to dedications, boundaries, density, service requirements, street accesses, conditions of approval and other such major changes shall require a public hearing before the city council.
F. Administrative Decision: The following applications do not require public hearings and shall be considered by the planning and zoning administrator in accord with this title.
1. Condominium plats;
2. Lot line adjustment;
3. Minor notational changes, such as adjustment of lot or block lines, name changes, or other non-material changes.
G. Public Hearing Notice: Upon completion of the public agency review, the city shall schedule the application to the next available public hearing before the governing body authorized to consider the application, as provided in this title, allowing sufficient time for public hearing notice. Notice shall be given at least fifteen (15) days prior to the public hearing in the official newspaper of the City of Dover, by regular mail to landowners within three hundred feet (300') of the external boundaries of the subject property, and by notice on the official website, when available. When notice is required to two hundred (200) or more property owners or purchasers of record, notice may be given through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date. Notice shall also be posted on the property at least fifteen (15) days prior to the hearing.
H. The administrator shall provide a report to the planning and zoning commission and city council prior to the public hearing, summarizing the application, standards for consideration, and draft conditions of approval.
I. Notice of Decision: When the governing body has made a final decision on an application, the city shall provide written notice to the applicant of the final decision pursuant to Idaho Code section 67-6535, or subsequent amendments thereof.
J. Administrative Action: Applications for lot line adjustments, minor notational changes, and condominium plats do not require public hearings and shall be processed by the administrator once the agency review is complete, as follows:
1. Decision. The administrator shall provide to the applicant a written decision, containing the reasons for approval or denial and citing the standards used in making the decisions and any conditions of approval. Where required by law, the administrator shall develop findings of fact and conclusions in support of the decision. If denied, the administrator shall also set forth in writing the actions, if any, the applicant could take to obtain approval.
2. Appeal. Any decision by the administrator shall be considered final, unless appealed to the city council within thirty (30) days of the final, administrative written decision. The city council shall consider the appeal at its next available council meeting, allowing sufficient time for meeting notice. The council shall consider whether the application is in compliance with this title, and shall affirm, modify, or overturn the administrative decision accordingly. The council decision shall be final, and any further recourse shall be as provided by Idaho Code, title 67, chapter 65.
K. Public Hearing Process: Whenever an application is subject to a public hearing, as specified in this title, the planning and zoning commission and city council shall specify the relevant facts considered in evaluating the application, the reasons for approval or denial, and the actions, if any, the application could take to obtain approval.
1. Recommendations Of Planning And Zoning Commission: The planning and zoning commission may make one of the following recommendations to the city council after its public hearing:
a. Approval;
b. Conditional approval, as authorized by this title and Idaho Code;
c. Denial of application, as presented; or
d. Remand to the applicant for additional information.
2. City Council Consideration: Upon receipt of the recommendation from the planning and zoning commission, the city council shall conduct its own public hearing, except as otherwise provided by this title, and may:
a. Approve;
b. Conditionally approve, as authorized by this title and Idaho Code;
c. Deny application, as presented;
d. Remand to the applicant for additional information and subsequent public hearing;
e. Continue the public hearing to a specified date and time for further deliberations.
3. Recourse: The city council decision shall be final, and any recourse shall be as provided in Idaho Code title 67, chapter 65. (Ord. 172, 7-8-2021)