Mediation is a discretionary communication process potentially available to any affected person who owns real property that might be materially affected by a quasi-judicial zoning-related issue or whenever determined by the City Council. The purpose of mediation is to promote resolution of differences concerning potentially divisive land use matters. The process for mediation, if required or proposed by the City Council shall follow the procedures set forth in Idaho Code 67-6510 or as subsequently amended. (Ord. 595, 6-13-2018)

Any procedure addressed by this title that authorizes the Planning and Zoning Commission to make a decision, as contrasted with a recommendation to the City Council, shall not be deemed a final decision unless it has been appealed to the City Council by the party seeking to bring a judicial appeal. Any such appeal must be filed with the Administrator within fourteen (14) days after the date of the decision entered by the Planning and Zoning Commission. Any such appeal must be accompanied by the filing fee established by resolution of the City Council and a completed appeal application as provided by the Administrator. Any such appeal shall be decided by the City Council within one hundred eighty (180) days of the date it is filed with the Administrator. Failure to file such an appeal shall constitute a failure to exhaust administrative remedies prior to seeking reconsideration and court review of proceedings. (Ord. 595, 6-13-2018)

An administrative exception to express bulk or placement standards may be approved by the Administrator upon a showing by an applicant that any such exception is consistent with the intent of zoning ordinance policy in general, that the exception is essential to make productive use of the land involved, that the exception would not conflict with requirements established by uniform codes, that the public safety would not be compromised and that the interests of neighboring landowners would not be impaired by approval of the exception.

   A.   The maximum extent of administrative exception shall not exceed twenty percent (20%) reduction in required setback from external property lines, up to a ten percent (10%) reduction in lot area requirements or up to a ten percent (10%) increase in the allowable height of buildings, administrative discretion to allow fences or walls in excess of existing maximums by up to an additional foot in the designated front yard area, and allowing fences or walls up to two feet (2') higher than the maximum in a rear or side yard.

   B.   An application for an administrative exception shall include a written description of the requested exception and a site plan that shows information relevant to the request in order to allow the Administrator to evaluate the proposed exception. Any application requesting an exception equal to fifty percent (50%) or more of the maximum allowed by this section (e.g., a setback reduction equal to 10 percent of the required setback or exceeding the maximum height allowed by 5 percent, or more) shall include the names and addresses of adjoining property owners. The Administrator will prepare a notice of any administrative exception request and mail it to abutting property owners who will have seven (7) calendar days from the date of mailing to deliver a written responsive comment to the Administrator.

   C.   After considering the merits of any comments submitted by neighboring landowners, an administrative exception may be approved, approved with modifications or denied by the Administrator. The Administrator, when deciding, shall consider the factors set forth in subsection A of this section.

   D.   Written notice of the decision shall be provided to the applicant and mailed to any abutting property owner who submitted written comments. A decision may be appealed within seven (7) days of such mailing by any affected property owner who commented or by the applicant in accordance with procedures specified by this title for decisions made by the Administrator. (Ord. 595, 6-13-2018)

A legal nonconforming structure is one that was in compliance with all land use and Building Code requirements at the time it was constructed, or that was constructed or established before land use regulations were enacted, but does not conform to the structure requirements of the current Land Use Codes of the City. It is the policy of the City to encourage maintenance and continued vitality of existing legal nonconforming structures until a change of land use is undertaken by the owner in conformance with requirements of this title.

   A.   Any legal nonconforming permanent structure may continue to be used and maintained as otherwise allowed by this title. A nonconforming structure shall not be enlarged in area in any way that increases its non-conformity. A structure used to house a non-conforming non-residential use may be enlarged by up to ten percent (10%) of its square footage so long as any such enlargement does not increase the non-conformity of any setbacks or building bulk regulations.

   B.   A damaged or destroyed legal nonconforming structure may be repaired or reconstructed provided that the extent of the previously existing nonconformance is not increased.

   C.   Any structure legally built prior to the adoption of land use regulations within a currently-required yard setback area shall be deemed a legal non-conforming structure and the nonconforming dimension shall not be expanded by additional construction, unless otherwise qualifying for a variance. (Ord. 595, 6-13-2018)

All existing uses of land that are not permitted uses in the zoning district in which such use is being conducted, and all uses which, if presently initiated, would require a conditional use permit, and which do not have a conditional use permit, are deemed legal nonconforming uses. Legal nonconforming uses shall not be expanded or extended in any way, except as otherwise expressly allowed by this title. A legal nonconforming use shall not be changed except to a use that complies with the regulations of the zoning district in which the subject property lies or to diminish its non- conformity. (Ord. 595, 6-13-2018)

All existing platted subdivision lots that do not meet the minimum lot area and dimension standards of the district within which they are located are hereby deemed nonconforming lots. Any lot that was legally created prior to the effective date of this title may be used in conformance with the uses permitted by the zoning district within which it is located, provided that all yard and setback requirements are met.

   A.   If lot area is deficient in a residential zone by no more than fifty percent (50%), any such non-conforming lot may be used only for construction of a detached single-family residence.

   B.   Notwithstanding the foregoing, if any such lot is contiguous to one or more lots of common ownership and any combination of such lots will meet the area or dimension standards of this title, such lots shall be considered to be an undivided parcel for the purposes of this title. Accordingly, the separate lots shall be treated as a single parcel concerning the issuance of a building permit for any residential construction on the lot, or contiguous commonly owned lots where this condition exists. No nonconforming or conforming lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity. In the least dense residential district in jurisdiction, any lot with an area less than the minimum required for the least dense residential district may only be developed to the minimum residential use allowed in the zone. Any lot in any residential district that has an area less than the minimum square footage desired, but at least fifty percent (50%) of the minimum area, unless it adjoins one or more substandard lots held in common ownership, may only be developed with a single-family dwelling unit.

   C.   The Administrator is authorized to take such steps as are necessary, including civil or criminal litigation, to abate, penalize or prevent the use of any unlawful structure, lot or use. (Ord. 595, 6-13-2018)

The Institutional Controls Program is designed to protect the public residing and working within the Bunker Hill Superfund Site. The Institutional Controls Program (ICP) is administered by Idaho Panhandle Health District in accordance with Idaho Administrative Procedures Act (IDAPA) 41.01.01, 500 through 543.

   A.   Objective: The objective of the ICP is to insure that barriers are created and maintained, and a system of activity controls and standards are implemented to keep contaminants from migrating through any barrier or remediate areas.

   B.   Permitting: All excavation, grading, and certain interior remodeling projects for any land or structure within the superfund site must have an approved permit from the Panhandle Health District (PHD). The PHD permit shall be issued prior to any construction activity on permits issued by the City of Kellogg begins. PHD shall inspect, and approve if warranted, work completed before any certificate of occupancy or completion is issued by the City. (Ord. 595, 6-13-2018)

   A.   Purpose: The purpose of establishing the Kellogg area of City impact is to identify an urban fringe area in the unincorporated territory surrounding the City within which there is potential for development or changes in land use that must be planned in an orderly and compatible manner in order to insure timely or economical provision of public services such as water supply, sanitary and storm sewage collection and treatment, public safety services, other community service facilities, and to promote land use compatibility, street alignment, and traffic flow objectives.

   B.   Areas Of City Impact Defined: The area of City impact shall consist of an area where development or use of land affects or may affect the City of Kellogg in consideration of trade areas, geographic factors, and areas that can reasonably be expected to be annexed to the City in the future.

   C.   Geographic Areas Of City Impact Established And Defined: The official adopted area of City impact is hereby established and shown on the map entitled "Kellogg Area of City Impact" and is officially made a part hereof by reference, said map being specifically adopted by this section.

   The Kellogg area of City impact shall be reevaluated by the City of Kellogg and Shoshone County at such times as they may agree upon to consider possible changes in the geographic area affected and/or other provisions of this section including but not limited to applicable standards.

   D.   Right To Comment: Within the area of City impact, the following comment periods are hereby enacted upon an application to Shoshone County:

      1.   Upon an application to Shoshone County for a subdivision, subdivision plat, zone change, comprehensive plan change, request for a special or conditional use permit, planned unit development, variance request, or similar land use request, the County shall provide written notice and a copy of the application and other pertinent information pertaining to such request to the Kellogg City Clerk. The City shall have thirty (30) days to comment after receipt of the notice and information prior to any public hearing or meeting pertaining to said request.

      2.   Prior to amendment or repeal by the County of any plan or ordinance set forth in subsection E of this section, applicable in the area of City impact, the County shall forward the proposed change to the City for review and comment at least thirty (30) days prior to the first public hearing at which such amendment will be considered.

      3.   Prior to any annexations to the City of Kellogg, the City shall notify the County at least thirty (30) days prior to the first public hearing at which time such annexation will be considered. The Board of County Commissioners may waive this requirement.

   E.   Standards: The following standards shall apply whenever an agency, Planning and/or Zoning Commission, hearing examiner, or Governing Body of the City or County considers a zone change, comprehensive plan change, and request for a special or conditional use permit, planned unit development, limited planned unit development, variance request, or subdivision plat within the area of City impact.

      1.   Shoshone County Comprehensive Plan; and

      2.   Shoshone County subdivision ordinance; and

      3.   Shoshone County zoning ordinance; and

      4.   Shoshone County stormwater management requirements.

   F.   Enforcement: Shoshone County shall be responsible for the administration and enforcement of the County's ordinances listed in subsection E of this section within the area of City impact and shall, except as otherwise provided, receive all permit fees for inspections performed to recapture direct costs of inspections, administration, legal publications, any development fees, or other costs arising from fulfilling the terms of each ordinance or regulation.

   G.   Hearing Procedures Within The Area Of City Impact: All applications for subdivision, and all other applications (e.g., zone change, comprehensive plan amendment, variance, conditional use, etc.) within the area of City impact shall be filed by the applicant with Shoshone County. All approvals and public hearings in the area of City impact shall be conducted by Shoshone County in accordance with Idaho Code section 67-6501, et seq., and Idaho Code section 50-1301, et seq.

   H.   Annexation: Annexation by the City of Kellogg shall be limited as nearly as possible to those lands lying within the area of impact and being contiguous to the City limits of the City of Kellogg, and further as required by applicable State law. Upon annexation, the provisions of this section, which is the agreement between the City of Kellogg and Shoshone County, shall no longer apply to the annexed area. (Ord. 598, 7-11-2018)