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Kellogg City Zoning Code

CHAPTER 4

ESTABLISHMENT OF ZONING DISTRICTS - ADOPTION AND AMENDMENT OF ZONING MAP

11-4-1: ESTABLISHMENT OF ZONING DISTRICTS:

In order to classify, regulate, restrict, and segregate the uses of lands and buildings from incompatible uses, to allow uses where public infrastructure is sufficient to support such uses, to regulate and restrict the height, bulk and construction of buildings, to regulate the dimensions and area of yards and other open spaces around buildings and uses, to implement the policies of the comprehensive plan, and to regulate the intensity of land use and the density of residences, the zoning districts set forth herein are established and shall be applied as depicted upon the adopted official zoning map of the jurisdiction. (Ord. 595, 6-13-2018)

11-4-2: EFFECT OF ZONING:

The regulations for each district set forth by this title are minimum regulations and shall apply to each type of land use, except as otherwise provided. No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the regulations specified in these regulations for the zoning district in which it is located. No building or other structure shall be erected or altered to provide for greater height or bulk, accommodate, or house a greater number of residential units, or to occupy a greater percentage of lot area than allowed by this title. No yard area or lot existing at the time of passage of this title shall be reduced in dimension or area below the minimum requirements set forth in this title. Yards or lots created after the effective date of this title shall meet at least the minimum requirements set forth in this title. Uses and structures lawfully existing on the date of adoption of this title may continue so long as they are not changed in ways that conflict with provisions of this title. No aspect of nonconformity may be expanded contrary to the provisions of this title, except by means of variance or special exception. The uses allowed by zoning districts are exclusive. Only land uses authorized by this title or by administrative application of provisions of this title may be established in the land use zones depicted on the official zoning map. The descriptions of types of land use zones addressed by this title are intended to explain, in general terms, how zones will be applied to implement the comprehensive plan. The specific entries in the use and bulk and placement matrices are intended to identify specific uses that fit within the general descriptions set forth in this chapter. (Ord. 595, 6-13-2018)

11-4-3: RESIDENTIAL ZONES:

Residential (R) zones are intended to provide a living environment that supports a place for families and individuals to live with limited adverse influence from commercial or industrial activity and to permit other accessory uses that are associated and compatible with residential use. Certain residential zones may be established that allow higher residential densities, and hence higher activity levels, but always with the goal of enjoyment of a residential environment. Residential zones are primarily applied in the areas designated residential in the Comprehensive Plan. Permitted uses, conditionally permitted uses and lot area and building bulk and placement requirements shall comport with the standards set forth in the zoning matrix contained in this title. A primary distinction between low density and higher density residential neighborhoods should be the ability of community infrastructure to accommodate higher levels of activity without creating undue congestion, without unduly stressing utility systems that support development and without compromising the quality of public facilities available to provide public service. Class A manufactured homes are allowed to be used for single-family residential purposes within all residential zoning districts.
   A.   The following residential districts are hereby established. Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts:
      1.   R-S Residential/Suburban: This district is designed to accommodate low density, single-family residential and suburban type development in areas within the City's planning jurisdiction that are not yet appropriate for development of higher densities or more intensive use.
      2.   R-1 Single-Family Residential: This district is designed primarily to accommodate single-family detached residential uses at medium densities in areas served by public water and sewer facilities. Two-family residences are allowed only through a planned unit development.
      3.   R-2 Multi-Family Residential: This district is designed to accommodate single-family detached and two-family detached and two-family attached dwelling units.
      4.   R-3 Multi-Family Residential: This district is designed primarily to accommodate higher density multi-family, manufactured housing community, and neighborhood business developments. (Ord. 595, 6-13-2018)

11-4-4: COMMERCIAL ZONES:

Commercial (C) land use zones are intended to support uses that include retail sales and services for households and traveling consumers by allowing a variety of retail, professional, or service businesses. Businesses involving the manufacture, processing, or fabrication of goods or providing service or repair to commercial products or equipment are not generally permitted unless activities can be conducted within buildings that can thrive in the midst of commercial infrastructure. Commercial zones are to be applied in areas identified by the text and mapping of the Comprehensive Plan as being suitable for commercial business, primarily addressing lands located near arterial and collector streets. Residential uses may be allowed within commercial zones by special use permit when the presence of housing will not compromise present or future commercial uses or when the housing environment within the commercial zone will not be unsuitable for residential occupancy by virtue of congestion, environmental factors, or activity levels. Uses permitted by right in the industrial zone may be conditionally allowed in certain commercial zones by special use permit so long as no industrial activities or processes are conducted outdoors or in a manner that creates adverse environmental effects.
   A.   The following districts are hereby established to accomplish the purposes and objectives set forth as follows:
      1.   C-B Central Business: This district is designed to accommodate a wide variety of commercial activities, particularly those that are pedestrian oriented, that will result in the most intensive and attractive use of the City's Central Business District. No off street parking is required.
      2.   C-1 Office/Professional: This district is designed to accommodate a mixture of less intensive commercial activities, such as office, clerical, research, services, etc., and multi-family residential uses. Such areas will generally constitute transition or buffer zones between major arterial rights-of-way or more intensively developed commercial areas and residential districts.
      3.   C-2 General Commercial: This district is designed to accommodate the widest range of commercial activities. (Ord. 595, 6-13-2018)

11-4-5: INDUSTRIAL ZONES:

The industrial zones permit light industrial uses such as warehousing, assembly, processing and light manufacturing as permitted uses and conditionally allows heavy industrial uses such as fabrication, manufacturing, refining and processes that produce external effects such as noise, emissions, outside activities by special use permit. The industrial zones are primarily applied in areas designated suitable for industrial development by the text and future land use map of the Comprehensive Plan. Residential uses may only be established in an industrial zone if subordinate and accessory to a primary industrial use and should be permitted only by a conditional use permit.
   A.   The following districts are hereby established to accommodate uses engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment:
      1.   M-1 Light Industrial: This district is designed to accommodate industrial and manufacturing activities that can be accomplished entirely within an enclosed building and can provide a buffer between commercial/residential districts and more intensive manufacturing developments.
      2.   M-2 Industrial: This district is designed to accommodate the widest range of industrial and manufacturing activities. (Ord. 595, 6-13-2018)

11-4-6: PLANNED UNIT DEVELOPMENT:

A planned unit development (PUD) is an overlay district that, when approved, may overlay in any of the community's zoning districts. This district overlay is designed to guide major developments of land and structures to achieve a measure of choice and flexibility in development pattern within the confines of the regulations contained in this title. (Ord. 595, 6-13-2018)

11-4-7: PUBLIC USES:

Land uses to be established by public agencies may be permitted in accordance with the land use tables adopted as part of this title. Any such use shall be subject to provisions of State and Federal law. (Ord. 595, 6-13-2018)

11-4-8: OFFICIAL ZONING MAP:

The zones established in this title shall be applied as depicted on the Official Zoning Map which is hereby incorporated into this title by reference as it exists today or as modified by the text of subsequent amending ordinances. The Administrator shall maintain the Official Zoning Map to reflect changes made by the City Council from time to time and shall depict such changes on the Official Zoning Map. Each change shall be documented at the time the map is modified, including reference to the ordinances authorizing changes. A register of such changes including descriptions of the lands affected thereby shall be maintained by the Administrator throughout the duration of the existence of the Official Zoning Map, until it is superseded by a replacement zoning map. (Ord. 595, 6-13-2018)