The purpose of this chapter is to provide guidance to persons who apply for permits. (Ord. 57, 4-18-1988)

(Rep. by Ord. 2004-5, 7-6-2004)

   A.   Requirements To Place Matter On Agenda: Qualified applications must be submitted twenty one (21) days prior to the hearing date to be placed on the next regular monthly agenda, providing the number of applications allows. If the agenda is full it will be deferred to the following month.

   B.   Hearing Before Planning And Zoning Commission: In matters where only commission approval is needed, the applicant shall attend the commission meeting, answer such questions as may be propounded by the commission and explain the reasons for the application. Failure to appear shall be grounds for denial. In lieu thereof, the commission may table or pass the matter and no time limits set forth herein shall be applicable.

      1.   In matters requiring only planning and zoning commission approval, the planning and zoning staff shall send confirmation of the approval including any conditions of the approval or denial of the request in written form. In the event of denial, the applicant may file an appeal in accordance with chapter 18 of this title.

      2.   No decision shall be required at the time of initial consideration, but whenever the application is considered the applicant shall have prior notice and shall be entitled to appear.

   C.   Public Hearing; Planning And Zoning Administrator Responsibilities And Fees: In matters where a public hearing is required, the applicant shall submit an application to the administrator, who will take the necessary steps to publish and schedule the public hearing. Fees sufficient to cover the anticipated costs of publication and hearing shall be provided at the time of initial application to the administrator.

   D.   Appearance Required: At any public hearing the applicant shall appear and present information which is relevant to the application being considered. Failure to appear at any stage of any proceedings shall be grounds for denial.

   E.   Conformity Of Notice, Publication And Hearing: All notices, publications and hearings shall be in conformity with the various chapters under which the applicant is seeking relief. Notice shall be posted upon the property as required by Idaho Code.

   F.   Recommendations Of Planning And Zoning Commission To Board Of County Commissioners: In matters upon which the commission only makes recommendations to the board, after the required hearings the commission's recommendation shall be forwarded to the board for its consideration. In matters requiring notice, publication and hearings, the planning and zoning administrator shall make the necessary arrangements for publication and hearing. (Ord. 2009-03, 6-15-2009)

An applicant shall follow the following procedure when applying for a permit to subdivide:

   A.   Developer or his engineers discuss project with planning and zoning administrator.

   B.   Planning and zoning administrator informs applicant of zoning restrictions, plat requirements, rezone requirements, steps to take if in a city impact area, comprehensive plan, etc.

   C.   If necessary, applicant applies for rezone, amendment to plan, etc. (Ord. 2009-03, 6-15-2009)

   A.   Developer submits a completed preliminary plat, with six (6) copies and subdivision application, to planning and zoning commission.

   B.   Planning and zoning administrator sends copies of plat to appropriate fire, irrigation, drainage, health district agencies, assessor's office and affected utilities.

   C.   Planning and zoning administrator confirms conformity of plat with subdivision design standards and agency responses, if any.

   D.   Within forty five (45) days from receipt of preliminary plat, planning and zoning administrator or county engineer checks technical specifications of plat and meets with developer and his engineer.

   E.   Public notice is given.

   F.   At the required public hearing, the planning and zoning commission accepts public input. If material changes are made in the proposed plan, the notice and hearing procedures are repeated. If no material changes are made, the commission makes a recommendation to the board within thirty (30) days.

   G.   The board's decision may be appealed to district court. (Ord. 2009-03, 6-15-2009)

   A.   Developer submits three (3) copies of final plat. At this point all technical requirements of the Idaho Code concerning plats must be complied with.

   B.   Final plat is studied by the planning and zoning administrator or county engineer to assure compliance.

   C.   Final plat is sent back through the approval process if a substantial variance from the approved preliminary plat has been made.

   D.   Final plat may be forwarded by the planning and zoning administrator to appropriate agencies for review and comment.

   E.   If approved, the applicant submits the final plat to the county engineer, SWDH, the road department, the assessor, the treasurer, and the planning and zoning chairman for their signatures. When all signatures are acquired and all requirements are met or all surety and performance bonds posted, the plat may be presented to the board for the final signature. After the board has signed, the final plat may be submitted for recording.

   F.   The subdivision is ready for construction. (Ord. 2009-03, 6-15-2009)

 

 

(Ord. 2012-05, 5-21-2012)