In the interpretation and application of the provisions of this title, the requirements will be held to be minimum requirements. This title is adopted in compliance with Idaho Code for the purpose of promoting the health, safety and general welfare of the citizens of the city and the state. (Ord. 146, 9-22-2016)

When this title imposes a greater restriction upon the use of buildings or premises, or requires larger spaces than are imposed by other codes, resolutions, rules and regulations, or covenants, the provisions of this title shall control. The provisions of this title shall be so interpreted as shown on the official zoning map on file in the city clerk's office, in compliance with this title as adopted, and the city comprehensive plan. (Ord. 146, 9-22-2016)

The council shall, as permitted by Idaho Code section 67-6503, exercise the powers granted by the local land use planning act. (Ord. 146, 9-22-2016)

The mayor may, subject to confirmation by the council, appoint an administrator who has the following duties:

   A.   Assist the public in understanding the requirements of this title;

   B.   Accept and process applications for permits required by this title;

   C.   Arrange for review of building permit applications for compliance with this title and other applicable city codes;

   D.   Arrange for professional review of applications if required or necessary;

   E.   Arrange for and assist in the conduct of public hearings held by the planning and zoning commission and city council;

   F.   Issue certificates of occupancy, based on on site inspections and supporting data;

   G.   Investigate possible violations of this title;

   H.   Properly account for all fees collected by the administrator;

   I.   Perform all other duties assigned by this title or city council. (Ord. 146, 9-22-2016)

Decisions of the administrator may be appealed to the council using the procedure described herein, and as provided by Idaho Code:

   A.   Filing; Time Limit: The appellant shall file a written appeal and supporting materials clearly stating the reasons for the appeal with the administrator within thirty (30) days of a final, written administrative decision.

   B.   Placement On Agenda: Upon receipt of the appeal and any applicable fee, the administrator shall place the appeal on the agenda of the next available council meeting, allowing sufficient time for required meeting notice.

   C.   Decision Of Council: The council shall determine whether the decision being appealed is in compliance with this title, and affirm, modify or overturn that decision accordingly.

   D.   Notification To Appellant: The administrator shall notify the appellant in writing of the council's decision.

   E.   Further Recourse: The council decision shall be final, and any further recourse shall be as provided in Idaho Code title 67, chapter 65. (Ord. 146, 9-22-2016)

No person who acts in good faith and without malice in the performance of duties assigned by this title shall be held liable for errors or omissions in its administration. A suit brought against such an individual shall be defended by the city and any judgment resulting from such a suit shall be the liability of the city. (Ord. 146, 9-22-2016)

The council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be retained in the office of the city clerk and may be altered or amended only by the council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 146, 9-22-2016)

Administrative reviews are authorized for those applications, petitions or requests for review and/or interpretations that do not require a public hearing pursuant to this title or the state local land use planning act, Idaho Code title 67, chapter 65. The following procedures apply for administrative or zoning reviews:

   A.   File Request: The applicant shall file an application, petition or written request with the city along with any fees as set forth by resolution. The administrator shall have reasonable time to examine it for completeness with the standards of this title or applicable other titles of this code. If the application, petition or request is determined to be incomplete or lacking information, the administrator shall inform the applicant in writing of additional items or information necessary to complete the request.

   B.   Decision Of Administrator; Notice: After careful review of the completed application, petition or request, the administrator shall set forth the decision in writing, explaining the reasons for the decision; citing the title standards and/or resources used in making the decision. Where required by law, the administrator shall develop findings of fact and conclusions in support of the decision. If the administrator denies the application, the administrator shall also set forth in writing the actions, if any, the applicant could take to obtain approval.

   C.   Appeal: Any decision by the administrator shall be considered final, unless appealed to the city council as set forth at section 12-3-5 of this chapter. (Ord. 146, 9-22-2016)

Prior to the construction, remodel, modification or placement of any structure, the property owner shall make application and obtain a zoning permit from the city. (Ord. 146, 9-22-2016)

   A.   Specified: All applications for a zoning permit shall contain at least the following:

      1.   Name, address and telephone number of applicant;

      2.   Present land use;

      3.   Present zoning district;

      4.   Proposed land use;

      5.   Site plan depicting the proposed or existing location of the structure, public rights of way and setbacks.

   B.   Fee: Zoning site permit applications shall be accompanied by an application fee in an amount set by resolution of the city council. (Ord. 146, 9-22-2016)

   A.   Permitted: A zoning site permit will be issued by the administrator if the structure and the proposed use are in conformance with applicable city codes.

   B.   Compliance Required: No zoning permit shall be issued for the construction, remodel, modification or placement of any structure that is not in conformance with the use or development standards set forth in this title or other applicable titles. (Ord. 146, 9-22-2016)

Applications requiring public hearings, as specified in this title, shall be processed as follows:

   A.   Submittal; Fees: All applications shall be submitted with their required fees to the city.

   B.   Time For 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.

   C.   Notice Of Incomplete Application: The city shall inform the applicant in writing if the application is incomplete and specify the items or information necessary to complete the application.

   D.   Public Agency Review: Once the application has been determined to be complete, the city may send copies of the application to public agencies and entities that may be affected by the proposal, including, but not limited to, the health district, fire districts, the city sewer and water departments, private water districts, the school district, transportation agencies and state or federal agencies. The city may stipulate the length of time for response. As a general rule, a time frame may include up to thirty (30) days.

   E.   Completion Of Agency Review: When the agency comment period is complete, the city will forward all public agency comments to the applicant for review. If additional agency information is requested, the city may request the applicant to 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.

   F.   Public Hearing: Upon completion of the public agency review, the city will 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.

   G.   Concurrent Considerations Permitted: The governing body may consider related permits concurrently at a single public hearing for the convenience of the applicant and the public.

   H.   Notice Of Decision: When the governing body has made a final decision on an application, the city shall provide written notice to applicant of the final decision pursuant to Idaho Code section 67-6535, or subsequent amendments thereof. (Ord. 146, 9-22-2016)

All planning and zoning applications requiring public hearings shall be subject to the requirements of the local land use planning act, Idaho Code title 67, chapter 65, this title, and the adopted city public hearing procedures resolution. (Ord. 146, 9-22-2016)

The following applications are subject to public hearings before the planning and zoning commission and city council. The planning and zoning commission shall make a recommendation to the city council following its public hearing. After conducting a public hearing and considering the planning and zoning commission recommendation, the city council shall make the final decision.

   A.   Comprehensive plan text and map amendments.

   B.   Zone text and map amendments.

   C.   Special use permits.

   D.   Variances. (Ord. 146, 9-22-2016)

All public hearings under this title shall be noticed in compliance with Idaho Code title 67, chapter 65.

   A.   Two Hundred Or More Property Owners: 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, in addition to site posting on all external boundaries of the site, in lieu of mailed notice. The applicant shall bear the responsibility and cost of all legal publications and the public notice.

   B.   Cost Paid By Applicant: The applicant shall bear the cost of publication of the notice and mailing.

   C.   Ownership Report: The applicant shall supply an ownership report prepared by a title company, licensed in the state, of all property owners within three hundred feet (300') of the subject property boundary, according to the county tax roll. The city shall prepare and send by mail the public hearing notice. (Ord. 146, 9-22-2016)

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.

   A.   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:

      1.   Approval;

      2.   Conditional approval, as authorized by this title and Idaho Code;

      3.   Denial of application, as presented; or

      4.   Remand to the applicant for additional information.

   B.   City Council Consideration: Upon receipt of the recommendation from the planning and zoning commission, the city council shall conduct its own public hearing and may:

      1.   Approve;

      2.   Conditionally approve, as authorized by this title and Idaho Code;

      3.   Deny application, as presented;

      4.   Remand to the applicant for additional information and subsequent public hearing;

      5.   Continue the public hearing to a specified date and time for further deliberations.

   C.   Recourse: The city council decision shall be final, and any recourse shall be as provided in Idaho Code title 67, chapter 65. (Ord. 146, 9-22-2016)

The terms and conditions of the approval of any permit authorized or required in this title may be modified only by the administrator, commission and/or council as established in section 12-3-18 of this chapter. This section applies to modifications of approved permits, including, but not limited to, zoning permits, special use permits, variances, preliminary plats, final plats, lot line adjustments and planned unit developments. (Ord. 146, 9-22-2016)

An application to modify the terms and/or conditions of approval shall be filed with the city and shall be accompanied by the required fee specified in the resolution adopted by the city. The application shall be processed as follows:

   A.   Consideration: The administrator, commission or council shall consider the proposed modification in accordance with the procedures and standards of the original permit and shall confine the review to the proposed modification.

   B.   Original Governing Body: Review and action on the modification shall be made by the same governing body authorized to make the final decision on the original permit.

   C.   Review: The administrator, commission or council shall consider the proposed modification in accordance with the requirements for the original permit application and shall confine the review to the proposed modification.

   D.   Decision: The administrator, commission or council shall render a decision in writing on the proposed modification pursuant to section 12-3-8 or 12-3-16 of this chapter, after consideration of the proposal. The decision shall conform to the procedures, standards and requirements pertaining to the original permit. (Ord. 146, 9-22-2016)

   A.   Site Plan Review: Where required by this title, various proposed types of development are subject to administrative site plan reviews to ensure new developments that are not subject to the public hearing process will meet applicable provisions of Dover City Code and address potential impacts to neighborhoods through mitigation measures.

   B.   Application: A site plan review application and applicable fees shall be filed with the city clerk prior to any construction, placement, or use of a site that is subject to the site plan review requirements as noted in the use tables of chapter 12-5 of this title. The site plan application shall be completed on a form provided by the city and shall include:

      1.   A scaled drawing of the site showing the vicinity, all proposed structures, setbacks, parking, pathways and circulation, landscaping, signs, lighting, solid waste disposal, water and sewer services, drainage patterns, environmental impacts, fire protection, utilities, and other information determined by the city as necessary to properly assess the impact of the proposed development on the neighborhood and city services.

      2.   A narrative addressing, but not limited to: the proposed use, hours of operation, expected traffic and attendance, compliance with zoning regulations, expected impacts to neighborhood and plans to mitigate potential impacts.

      3.   A stormwater/erosion control application and plan, where applicable.

      4.   Any additional information deemed necessary by the administrator for a thorough review of the proposed development.

   C.   Review: The zoning administrator shall consider the site plan application using the procedures set forth at section 12-3-8 of this title. The administrator shall provide a copy of the application to affected agencies and may schedule neighborhood or agency meetings to review the proposal. Sufficient time shall be allowed for agency comment prior to issuing the final determination, not to exceed thirty (30) days, unless the administrator determines there are extenuating circumstances requiring the extension of the comment period.

   D.   Notice: Prior to issuance of the site plan review decision, the city shall provide notice of the application to landowners within three hundred feet (300') of the subject property boundaries. Any public comment on the proposed use shall be based on whether it meets the standards of this title and suggested mitigation measures. The deadline to submit written public comment to the city clerk shall be fourteen (14) days from the date the public notice is mailed.

   E.   Decision: The zoning administrator may approve, approve with conditions, or deny the application, based upon the following:

      1.   Compliance with zoning, floodplain, and stormwater/erosion control regulations;

      2.   Adequacy of public and private services;

      3.   Assurance that the proposed plan can be developed in accord with city land use regulations and service requirements;

      4.   Ability to mitigate potential neighborhood impacts;

      5.   Assurances that the proposed use can and will meet the standards for low-intensity facilities.

   F.   Conditions: The administrator may impose conditions of approval to address zoning standards, health, safety or welfare issues, and impacts to the neighborhood that are a direct and proportionate cause of the development. Conditions may also be imposed to ensure the dedication or installation of improvements required by city service standards or other city regulations. No construction authorization, commencement of use, or building permit issuance shall occur until the site plan review is approved.

   G.   Expiration: The site plan approval shall expire if development or use has not commenced within one year of the written decision. Prior to the expiration date, the applicant may seek an extension of up to one year, upon a showing of good cause as to why development has not commenced.

   H.   Appeals: Any administrative decision made by the zoning administrator in the administration of this section may be appealed, subject to the procedures and standards of section 12-3-5 of this title. (Ord. 180, 11-15-2022)