Kellogg City Zoning Code
CHAPTER 1
GENERAL PROVISIONS
11-1-1: TITLE:
This title shall be known as the LAND USE REGULATIONS OF KELLOGG, IDAHO. (Ord. 595, 6-13-2018)
11-1-2: PURPOSES:
The purposes of these regulations are to be consistent with the Kellogg comprehensive plan, to separate land uses that might be incompatible with one another and to endeavor to assure public services sufficient to support land uses that are allowed. The purposes must be implemented in the community as it exists, rather than "on a clean slate". Changes of zoning and methods chosen for implementation should fulfill the purposes stated above and the policies set forth in the comprehensive plan. (Ord. 595, 6-13-2018)
11-1-3: LEGAL AUTHORITY:
This title is enacted pursuant to authority granted by title 67, chapter 65, Idaho Code (Local Land Use Planning Act); and article 12, section 2 of the Idaho Constitution as currently comprised or as subsequently amended. (Ord. 595, 6-13-2018)
11-1-4: APPLICABILITY:
This title shall apply, to the extent permitted by law, to all land and the use thereof, within the jurisdictional boundaries of Kellogg, Idaho. Lands owned by the government of the United States of America shall be governed hereby only to the extent provided by Federal law. Lands owned by the State of Idaho shall be governed hereby to the extent allowed by State law. (Ord. 595, 6-13-2018)
11-1-5: MINIMUM REQUIREMENTS:
In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the public health, safety and the general welfare. Whenever the requirements of this title conflict with the express requirements of any other locally adopted ordinance, the ordinance providing the greatest measure of protection for the public health, safety, and general welfare shall prevail. (Ord. 595, 6-13-2018)
11-1-6: COMPLIANCE REQUIRED:
A. It shall be unlawful for any building or structure to be moved, erected, remodeled, altered, enlarged, or rebuilt within the corporate limits of Kellogg, Idaho contrary to the provisions of this title.
B. It shall be unlawful for any yard, open space, building, structure, or land to be used for any purpose not permitted by this title, unless such use has been lawfully established prior to enactment of this title.
C. Any use not permitted by the provisions of this title is prohibited. (Ord. 595, 6-13-2018)
11-1-7: BUILDINGS PREVIOUSLY PERMITTED OR UNDER CONSTRUCTION AT TIME OF ADOPTION OF THIS TITLE:
Any building or structure for which a building permit has been lawfully issued or for which a completed application has been accepted prior to the effective date of this title may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced and inspections are requested within one hundred eighty (180) days after the issuance of said permit, and if construction is diligently pursued to completion. (Ord. 595, 6-13-2018)
11-1-8: CERTIFICATE OF OCCUPANCY OR ZONING COMPLIANCE REQUIRED:
It is unlawful to occupy or use any building or premises, or part of building or premises created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy and/or a certificate of zoning compliance has been issued. It is unlawful to establish any land use on lands within the City unless a certificate of zoning compliance has been issued. The Administrator may issue a temporary certificate of occupancy for a period of time, not exceeding nine (9) months, to allow for completion of weather- dependent work or improvements. Certificates of occupancy or certificates of zoning compliance issued on the basis of plans and applications approved by the Administrator or designee authorize only the use and/or arrangement set forth in such approved plans and applications or amendments, and not other uses or arrangement. The Building and Planning Department shall maintain records of certificates of occupancy and certificates of zoning compliance. (Ord. 595, 6-13-2018; amd. Ord. 608, 3-11-2020)
11-1-9: INFORMATION REQUIRED FOR ZONING OR BUILDING PERMITS:
An application for a permit governed by this title shall address the information necessary to determine compliance with this title and other applicable provisions of law. The Administrator is authorized to establish administrative procedures, develop application forms, and administer the permitting process as necessary to demonstrate compliance with this title and applicable provisions of State law. (Ord. 595, 6-13-2018)
11-1-10: PRINCIPLES OF INTERPRETATION:
Provided that the context does not give rise to practical difficulties, interpretations of certain zoning ordinance language and certain standards will usually be applied in the following manner:
A. Buildings Across Parcel Description Lines: Provided legal and contiguous parcels of record are owned by the same property owner(s), building(s) that have been developed across property lines shall merge the properties into one parcel for the determination of zoning standards.
B. Fences And Wall Height Measurement: Maximum fence and wall height shall be measured from the finished grade at the property line. That portion of a wall or fence functioning as a retaining wall shall not be counted in determining overall fence or wall height.
C. Yard Orientation On Through Lots: On through lots, where public road frontage at both ends exists, either line may be designated by the Administrator as the front yard; however, the predominate orientation of existing structures and the presence of street access limitations on that block shall determine the front of the structure.
D. Setback Encroachments: Setbacks shall not be less than the minimum dimension specified in the specific section, except for cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required side, front or rear yard setback no more than three feet (3'). Setbacks will be measured from the property line to the foundation of the structure. A minimum of five feet (5') separation is required between adjacent building overhangs, canopies, etc. Paved, uncovered parking is generally allowed in setback areas, unless other restrictions provide to the contrary.
E. Interpretation Of District Boundaries: Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the official zoning map, the following shall apply:
1. Where zone boundaries are indicated as approximately following the centerline of street or highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary. Where the zoning boundary follows a railroad right-of-way, such boundary shall be deemed to be located in the center of the right-of-way, unless otherwise clearly designated.
2. Where zone boundaries approximately follow lot lines, such lot lines shall be construed to be the boundaries.
3. Where zone boundaries are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning map. (Ord. 595, 6-13-2018)