The purpose of this chapter is to identify permitted and conditionally permitted land uses within Kellogg in order to foster compatibility with uses in the same land use designations and to promote a measure of protection against the intrusion of the effects of incompatible land uses. The use of land is characterized by the activity for which the building, improvements, or lot is designed, configured, conducted, occupied, or maintained. A land use that will not operate for more than thirty (30) days in any calendar year should be considered a temporary use, subject to the requirements governing temporary uses. Unless a temporary use permit has been approved pursuant to ordinances of the City, establishment of any land use will be presumed to require compliance with all applicable provisions of this title. (Ord. 595, 6-13-2018)

Matrix-style land use tables that address allowable uses and building bulk and placement standards are made part of this title and shall be interpreted consistent with the principles and rules set forth in this section.

   A.   If the letter "P", for "permitted", appears in the box at the intersection of a column and a row, the use is allowed in that classification, subject to the development and operational requirements of this and other applicable provisions of this title.

   B.   If the letter "C", for "conditionally permitted", appears in the box at the intersection of a column and a row, the use is conditionally allowed in that classification, subject to obtaining a conditional use permit and subject to the development and operational requirements of this and other applicable provisions of this title. The responsibility of demonstrating that a special use permit request is appropriate rests with the applicant.

   C.   Uses not designated as permitted (P) or conditionally permitted (C) are prohibited. If neither a "P" or "C" appears in the box at the intersection of a column and a row, the use is prohibited in the zoning classification.

   D.   The land use tables in this section indicate whether a specific use is allowed in a zone classification. Specific uses are divided among multiple tables, each of which represents a broad category of land uses.

   E.   Any proposed use not listed in the table may be classified by the Administrator as a permitted use (P), conditional use (C), or prohibited, based on the listed use(s) to which the proposed use is most similar. If the Administrator determines that the proposed use is not similar to any use in the table, the proposed use shall not be permitted. The Administrator may use the land based classification system (LBCS) as a basis for comparing the nature of a proposed or identified use. The determination of the Administrator may be appealed to the Planning and Zoning Commission as provided herein.

   F.   LBCS codes are provided for many land uses and can aid in categorizing of proposed land uses by the Administrator. The American Planning Association can be accessed on the internet for an explanation of LBCS codes, and additional help in categorizing land uses. (Ord. 595, 6-13-2018)

 

(Ord. 595, 6-13-2018; amd. Ord. 608, 3-11-2020)