The purpose of this section is to establish standards and a framework of procedures for consideration of requests for conditional use permits. Conditional uses are not permitted by right in a particular zoning district but may be authorized following a public hearing provided that they comply with the standards established by the ordinance. "Conditional use" as used in this title is the same as "special use" referenced in Idaho Code section 67-6512, as such code provision exists at the time of enactment of this title. A conditional use permit is not transferable from one parcel of land to another, nor shall it be considered as establishing a binding precedent to grant other conditional use permits in similar locations or circumstances. As its name implies, a conditional use permit may be issued subject to performance or compliance with conditions as outlined in this title and as addressed by the specific proposal or application and as found necessary by the decision makers.

   A.   Procedures: Conditional use permit requests require a public hearing before the Planning and Zoning Commission (hearing examiner) following appropriate procedures. Notice shall comply with legal requirements established by Idaho Code. Any decision by the Planning and Zoning Commission may be appealed to the City Council by an affected person within no more than fourteen (14) days after the final written decision of the Planning and Zoning Commission has been rendered. Any such request to appeal must be signed by the appellant and received by the Administrator within the time constraints established by this title. An appeal not timely filed shall be dismissed. Failure to appeal a decision of the Planning and Zoning Commission to the City Council shall constitute a failure to exhaust administrative remedies pursuant to this title.

   B.   Application Required: A completed conditional use permit application shall be submitted to the Administrator which shall include, among other matters addressed by the application form, a description of the use proposed, the manner of implementation of the proposed use including information about appearance, materials to be used and configuration, how it would be compatible with infrastructure and land uses, present and future, and why the proposal would be in the public interest and not unduly burden or hamper the delivery of services or the public.

   C.   Hearing And Standards Of Decision: As its schedule and agenda allow the Planning and Zoning Commission shall conduct a public hearing and shall consider testimony and other evidence and review the particular facts and circumstances of each proposed conditional use. In considering a conditional use request, the Planning and Zoning Commission may attach appropriate conditions to mitigate impacts and to ensure conformance with the intent of the Comprehensive Plan and applicable provisions of this title. An application for a conditional use permit may be approved as presented, conditionally approved, or denied by the Planning and Zoning Commission upon determining the following:

      1.   Whether the proposed conditional use would/would not conform with the purposes and express terms of the applicable zoning district in which it would be located.

      2.   Whether the proposed use constitutes an allowable conditional use as established by this chapter for the zoning district involved; and complies with all other applicable laws, ordinances, and regulations of the jurisdiction and the State.

      3.   Whether the proposed conditional use as presented will/will not be compatible with the health, safety, and welfare of the public in general and with present or future land uses in the vicinity of the proposal.

      4.   Whether the proposed special use will/will not further positive development of the vicinity in accordance with relevant policies set forth in the comprehensive plan and land use ordinances.

   D.   Conditions: When granting a conditional use permit, the Planning and Zoning Commission may attach conditions and requirements specific to the proposal including, but not limited to:

      1.   Minimizing conflicts with present or future development.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Controlling the location and setbacks of development.

      6.   Requiring more restrictive standards than those generally required in the zoning ordinance for uses permitted outright. Such more-restrictive standards may include but not be limited to: additional setbacks, requiring development within time limitations, height restrictions, additional landscaping or screening, lighting restrictions, signage restrictions, selection of building or hardscape materials, location of site accesses, location of site features, prescribing site layout, circulation or grading, restricting hours of operation or activity, design limitations, circulation limits for vehicles or pedestrians, control of site drainage or area wide drainage patterns, prescribing specific use limitations and such other features of use or site development as may be needed to enhance compatibility with use of surrounding lands and public facilities.

   E.   Written Decision Required: Whenever granting or denying an application for a conditional use permit, the Planning and Zoning Commission shall render its decision in writing.

   F.   Permits And Progress Required: Unless expressly allowed to the contrary by the terms of a conditional use permit, if permits for development of a requested conditional use have not been issued within six (6) months of the date of granting a conditional use permit or if development of the approved special use has not commenced with sustained effort to complete development within one year after granting approval of the conditional use permit, the conditional use permit shall become null and void, unless the Planning and Zoning Commission or City Council, whichever gave final approval, has granted an extension, such extension not to exceed twelve (12) months upon a showing of good cause by the applicant. An extension to the permit may only be granted if applied for in writing to the City Clerk prior to the date of expiration and if the approving body finds, upon review of the record, that an extension is warranted due to unique and unforeseeable circumstances outside the control of the applicant.

   G.   Violation - Revocation Or Penalty: Any conditional use that operates in violation of the requirements or conditions established for a conditional use permit, pursuant to this chapter, may be revoked and the use restricted, suspended, and/or be subject to penalties for violation of this title. (Ord. 595, 6-13-2018)

A planned unit development (PUD) is a process that allows a measure of design flexibility by permitting variation of the distribution of land use density, variation of building placement standards, individual lot area, lot frontage requirements, access requirements, and variation of other performance standards required within a zoning district or combination of zoning districts when a development is planned in its entirety and when the variations can be demonstrated to benefit the development for those who will reside and conduct business affairs within the proposed development and for the community in general. The intent of the PUD process is to allow innovation in design that should prove superior to compliance with standard development requirements that are not the product of site-specific integrated design.

   A.   A combination of residential, commercial, or industrial land uses may be permitted within a PUD. Any such mixed use planned unit development must follow the same procedures as those required for a change of zoning district boundaries.

   B.   Proposed uses and manner of implementation of such uses may be permitted within a PUD, upon finding that the proposal:

      1.   Provides internal or external benefits that would not be achievable through compliance with the normally required zoning standards and regulations.

      2.   Is and will be compatible with surrounding land uses, both existing and future.

      3.   Furthers compliance with the goals and policies found within the Kellogg Comprehensive Plan.

   C.   A PUD that includes residential land use must provide open space of not less than ten percent (10%) of the gross land area designated for residential land use within project boundaries for the benefit of residents of the project or for benefit of the community in general. The location and design of common open space should be practical and usable for outdoor activities. Common open space provided in a PUD may be held and maintained privately for the use of owners or residents within the development, and/or may be designated as open for shared public use. Public utility rights-of-way and easements are generally not acceptable for common open space unless such land or rights-of-way are unimpaired as a trail or other similar benefit to the PUD or public. Public rights-of-way, utility sites easements, or service areas may be required by the City as part of the approval. The responsibility for and the method of maintaining common open spaces shall be identified by the applicant as a facet of approval of any final PUD development plan and placed into the development agreement.

   D.   Planned unit developments that include a subdivision may be considered concurrently as a subdivision and PUD.

   E.   The application for a PUD shall include a general design layout of the entire parcel in question, prototypical elevations, and footprints for structures other than detached single-family homes. General principles of landscape design, streetscapes, nonresidential layouts, and general design features must be included.

   F.   The Planning and Zoning Commission shall review a proposed planned unit development and conduct a public hearing. The Planning and Zoning Commission shall determine if the proposed PUD complies with the requirements of this title and forward a recommendation to the City Council. The criteria to be applied to such review are:

      1.   Standards applicable to conditional use permits.

      2.   General concepts of community design.

      3.   Achieving compatibility and buffering internally and with neighboring uses.

      4.   Demonstrate design techniques preferable to strict adherence to the City land use regulations.

      5.   Demonstrate that the proposed PUD will enhance public health and safety.

   G.   The City Council, upon receipt of a recommendation from the Planning and Zoning Commission, may review the record and determine whether to hold a subsequent public hearing or decide whether to approve, modify, or disapprove the proposed preliminary PUD. After City Council approval, if granted, the applicant and staff shall complete a development agreement for the PUD using the approved development plans as a primary element of the development agreement. Such development agreement shall outline the obligations of the developer to the extent that they represent a departure from typical ordinance requirements. Construction standards must comply with adopted standards unless expressly authorized by the terms of PUD approval. The form and manner of the development agreement shall be as specified in the Kellogg subdivision ordinance under master development agreements.

   H.   The approved plans for the planned unit development shall contain sufficient detail and necessary specifications to construct the project. Among the elements of the plans are:

      1.   A plan of the existing site of the proposed development showing the dimensions and bearings of the property lines, topography, existing features of the development site; including major wooded areas, structures, streets, easements, utility lines and land uses.

      2.   Engineered construction plans for water, sewer, storm drainage, street improvements, and the nature and extent of earth work required for site preparation and development.

      3.   Scalable plans, showing building(s) and their placement, various functional use areas, common open space, circulation details, and landscaping.

      4.   Preliminary building plans including exterior elevations.

      5.   Phasing plans that depict the scope of each phase and a timetable for implementation.

      6.   Project documents to be used to designate the use, development, and maintenance of the land, and the improvements thereon, including those areas that are to be commonly owned and maintained. The intent of designating such responsibility shall not be included within the scope of the jurisdiction's enforcement authority but rather to determine where responsibility lies for maintaining compliance with terms of approval of any planned unit development.

   I.   Each individual phase of the development, as well as the total development, must be capable of existing as an independent unit capable of creating an environment of desirable aesthetics or that adequate assurance will be provided that such objective will be attained. Individual phases of any such development must conform to the overall density and use considerations required by the jurisdiction's zoning ordinance and its comprehensive plan. Any exception from standard zoning district requirements must be justified by design and other amenities incorporated in the final development plans, in accordance with the preliminary PUD and adopted policy of the City Council as set forth in the comprehensive plan. The applicant must also satisfy the standards applicable to subdivisions of land set forth in title 12, "Subdivisions", of this Code. Final PUD plans must conform to the approved preliminary PUD plans.

   J.   No construction of any kind shall take place on the site of an approved PUD until final construction plans are reviewed and approved by the City Engineer and a development agreement between the City and the developer is executed.

   K.   The approval of a final development plan for the PUD or first phase of a PUD shall be for a period not to exceed one year, or as expressly authorized in a development agreement approved by the City Council. The approved time period for planned unit development construction may be extended once for no more than twelve (12) additional months by the Administrator or for a maximum of two (2) years by action of the City Council.

   L.   Any modification of an approved planned unit development must be submitted in writing by the applicant to the Administrator. The request shall specify what modifications are proposed and why the changes are necessary. The Administrator will determine whether the proposed modification is minor or major. If the modification is minor, the Administrator will approve, approve with conditions, or disapprove the modification in writing, subject to confirmation by the City Council. Any major modification will require a public hearing before the Planning and Zoning Commission in accordance with procedures specified by this title.

   M.   Development of land through a PUD for residential, commercial, or industrial uses shall be required to comply with subdivision regulations and other jurisdiction ordinances as applicable. (Ord. 595, 6-13-2018)

A variance is a discretionary exception to the requirements of the zoning ordinance concerning bulk and placement standards such as lot area, lot coverage, width, depth, setbacks, parking location requirements, height, or any other ordinance provision affecting the size of a structure or the placement of the structure upon the property. Variances may be permitted when, due to unusual natural physical characteristics of the site, a literal enforcement of the provisions of this title would result in unnecessary hardship denying an owner all reasonable use of the owner's land. An applicant for a variance bears the responsibility for demonstrating an undue hardship because of unique physical characteristics of the site, and after meeting that obligation must demonstrate that the implemented variance would not harm the public interest.

   A.   A complete application using an application form supplied by the Administrator shall include a site plan, a verbal description of the variance requested, reasons why the variance is warranted, and any supporting documents. The application will be scheduled for public hearing whenever it can be accommodated by the schedule of the hearing body.

   B.   At least one public hearing must be held before the Planning and Zoning Commission using the hearing and notice procedure required by State law.

   C.   The Planning and Zoning Commission shall consider the following when deciding a variance request:

      1.   Whether application of the provisions of this Code would deprive the applicant of all reasonable use of his land.

      2.   That special conditions and circumstances exist that are peculiar to the natural conditions of the land in ways not generally applicable to other lands in the community.

      3.   Whether the variance, if granted, would harm the public interest by adversely affecting public safety, the environment, or the legitimate interests of neighboring owners.

   D.   When granting or denying an application, the commission shall specify the relevant facts considered in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain a permit. The applicant will be notified of the decision in writing. A variance decision may be appealed to the City Council within fourteen (14) days of final action by the Planning and Zoning Commission by an applicant or other affected person. (Ord. 595, 6-13-2018)

A temporary use is a land use established for a period of time not to exceed ninety (90) days in a calendar year and does not require permanent site improvements. The actual use embodied by a temporary use permit must be a permitted use in the zoning district in which it is proposed to be located. The temporary use permit may be allowed subject to conditions required by the Administrator so long as the Administrator determines that granting the temporary use permit will not harm the public interest if the required conditions are complied with.

   A.   Temporary uses may be allowed in appropriately zoned areas without full site development as otherwise required by this title. Such uses may include, but are not limited to, erection of temporary structures such as tents, fences, booths or parking of trailers for activities such as carnivals, circuses, fairs, religious meetings, temporary outdoor displays and/or sale of Christmas trees, art objects or other items and other similar activities conducted either outdoors or within temporary structures.

   B.   An application for a temporary use shall include a written description of the use, proposed starting date of the use, and a site plan that shows the location of the use, access, setbacks from property lines, parking, restroom facilities (if applicable), and any other pertinent information that the Administrator may require to evaluate the use. An application for a temporary use with a duration in excess of thirty (30) days shall include the names and addresses of abutting land owners. The Administrator will prepare a notice of the administrative permit request and mail it to abutting property owners who will have seven (7) days from the date of mailing within which to respond with written comments supporting or opposing the request. Notice of the proposal may also be sent to City operating departments, agencies providing service or affected agencies for comment.

   C.   A temporary use may be approved, approved with conditions, or denied by the Administrator. A temporary use permit is valid on the date of approval or on the date requested by the applicant and will be valid for the time period requested but no more than ninety (90) days during a calendar year, such days to be designated at the time of issuance. The Administrator, when deciding a temporary use permit request, should consider the following:

      1.   Whether the proposed temporary use would be consistent with the general policies of the zoning ordinance and comprehensive plan.

      2.   Whether the use would otherwise be permitted within the zoning district wherein located.

      3.   Whether granting the temporary use permit would be detrimental to the nearby neighborhood or to the community in general.

      4.   Whether the proposed temporary use would create a traffic hazard.

      5.   Whether the proposed temporary use would impair the functioning of community facilities or delivery of public services. (Ord. 595, 6-13-2018)

The site plan review process is intended to require new multi-family residential, commercial, and industrial development to comply with applicable provisions of land use and development ordinances in the context of practical realties of each development site. Site plan review and approval is required for the initial establishment or location of any commercial, industrial, public or multi-family residential (greater than 4 units on 1 parcel) building or use, or the expansion of floor area of an existing non- residential building by more than thirty three percent (33%).

   A.   An application for site plan review approval shall be filed with the Administrator in conjunction with, or prior to, application for a building permit. The Administrator shall determine whether the application is complete for review, a process that can be facilitated by a pre-application meeting with jurisdiction staff. In addition to application requirements otherwise required by this title or the applicable Building Code, a site plan submitted for review should include:

      1.   A scaled drawing of the proposed, developed site depicting placement of all buildings, parking areas, circulation patterns, landscaped areas, signage, building bulk information, drainage patterns and locations, utility service information and such other information as the Administrator might require to assess the impact of development of a site upon the land and infrastructure affected.

      2.   Location and empirical information about the site including the size of the site in square feet or acres, the address of the site, if known, and the assessors parcel identification number, the area of the lot covered by buildings in square feet, square feet of impervious surface and the density in units per acre for residential developments.

   B.   The applicant shall provide three (3) copies of site plans for review, drawn to an appropriate scale to clearly show all required elements that include but are not limited to location and height of existing and proposed structures, signs, trash enclosures, site furnishings, and site lighting, site boundaries and dimensions, spot elevations at the property corners and enough site information from adjoining properties so that differences in site grading can be addressed. Elevations should be sufficient to determine water flow to, from and on the site, setbacks from property lines, existing or proposed easements, location of existing and proposed utility structures and location and size of existing and proposed sewer and water lines, location of the nearest fire hydrant(s), location of all driveways, streets and sidewalks, location and layout of all off- street parking, and location of loading areas (if applicable), site grading and drainage to include stormwater collection and treatment, prepared by a licensed professional engineer, architect or landscape architect, registered in the State of Idaho.

   C.   The Administrator may waive any of the requirements listed above upon determining they are unnecessary based on the scope of work proposed. The site plan review process is intended to provide a degree of flexibility in the application of standards and ordinance requirements to allow site design to function with its surroundings, while maintaining compliance with ordinance requirements.

   D.   Upon receipt of a complete site plan review application, the Administrator may schedule a site plan review with other members of City staff and those from other agencies. Copies of submitted documents will be shared as necessary with outside agencies and jurisdictions and neighboring property owners that may be affected by the proposed use. The Administrator and appropriate staff will review the site plan submittals to determine that all applicable ordinance provisions are complied with and that the site will function satisfactorily in the context of its surroundings. Site plan review may include but not be limited to:

      1.   Review of lot dimensions, setbacks and other site development characteristics to determine functional compatibility with topography, public facilities and established or projected nearby uses.

      2.   Determine that there are utility services adequate to serve the proposed use and to continue the utility systems to neighboring property lines in order to facilitate continuity of utilities.

      3.   Assure that the design, grading and drainage, parking, circulation design, landscaping, and other elements of the plan meet adopted performance standards and function compatibly with nearby uses and public facilities.

      4.   To evaluate the location of streetlights and other site lighting practices to protect public safety on-site and on adjoining rights-of-way, without diminishing the livability of neighboring lands.

      5.   To consider if mitigation of any on-site or off-site impact is necessary or would result in a more functional project that would not diminish the potential use of public facilities or nearby private lands.

      6.   To identify the improvements and dedications required (curb, sidewalk, paving, water, sewer, drainage, easements, right-of-way dedication, etc.) to allow the project to meet legal requirements and to be compatible with present or future development of neighboring land.

   E.   If material changes to the site development plans are required, the plans will be returned to the applicant/representative for revision. Upon submittal of a properly revised site plan, the Administrator may issue a written approval addressing any supplementary conditions applicable to the site. The owner shall acknowledge the review comments and conditions of approval by counter-signing the written approval, returning an acknowledged copy to the Administrator as a condition of permit issuance. When requirements have been satisfied and the conditions of approval are acknowledged and returned, the site plan may be approved. No construction or building permit shall issue until provisional or final site plan approval has been issued by the Administrator.

   F.   The applicant may appeal the decision of the Administrator to the Planning and Zoning Commission by filing a notice of appeal in accordance with appeal procedures set forth in this title.

   G.   The approval of a site plan shall be effective for a period of one year from the date of approval. If actual physical development has not commenced or an extension granted within the one-year period, the site plan approval shall expire, and the applicant shall be required to resubmit for site plan review. Prior to the expiration date of the effective period, the applicant may request an extension, in writing, from the Administrator. The Administrator may grant an extension, not to exceed one year upon a showing of good cause. The Administrator shall address the request for extension by a written response to the applicant. The applicant may appeal the Administrator's decision to deny an extension in accordance with appeal procedures set forth in this title.

   H.   After site plan approval, the applicant may request an amendment, in writing, to the approved site plan or to conditions of approval. If the proposed amendment is a minor change to the plan and consistent with conditions of approval, the Administrator may grant the amendment in writing upon receipt of the request. If the Administrator determines the amendment involves significant change to the conditions of approval, the Administrator shall schedule a review with other staff members and the applicant shall pay an additional one-half (1/2) of the then-current site plan review fee for review of the proposed material amendment. (Ord. 595, 6-13-2018)

The purpose of this chapter is to provide processes to allow certain land use related permits to be approved administratively. The Administrator is hereby granted discretion to decide the administrative permits addressed by this chapter; home occupation permits, short term rentals, fence permits, accessory dwelling unit permits, and other such permits as determined by the Kellogg City Council. Application forms for all administrative permits shall contain information required by this title and additional information relevant to the specific permits requested. (Ord. 595, 6-13-2018)

Certain limited business or professional uses may be conducted as a home occupation within a residential dwelling as a permitted land use subject to specific limitations established to maintain compatibility with the surrounding residential neighborhood. The purpose of this section is to establish standards for home occupations that retain and do not disturb the residential character of a neighborhood.

   A.   Application And Fee: Before establishing a home occupation, an application fee must be paid and an application must be approved by the Administrator, in response to an application which addresses necessary information to demonstrate compliance with this title in addition to providing an accurate and concise description of the requested home occupation.

   B.   Application Review: The Administrator will review the application materials and may grant, grant with conditions, or deny a home occupation permit upon finding that the home occupation will not change the character of the neighborhood or create a nuisance (noise, dust, odor, excessive traffic, etc.) and that it complies with the standards established by this title.

   C.   Non-Compliance: A permit may be revoked or a violation may be prosecuted for non- compliance with ordinance standards or conditions of approval. A home occupation permit is specific to the individual and the location and is non-transferable and is valid so long as the conditions of approval issued with the permit are complied with and home occupation standards set forth herein are met.

   D.   Home Occupation Standards: All home occupations shall comply with the following standards, in addition to any site-specific conditions required by the Administrator:

      1.   Occupation must be subordinate to the primary residential use. Not more than one- third (1/3) of the floor area of the dwelling may be used for a home occupation.

      2.   There shall be no outside storage of goods, equipment, or materials.

      3.   A home occupation shall not create a need for parking beyond that required for a typical single family residential use.

      4.   There shall be no change in appearance that would alter the residential character of the premises.

      5.   No more than one sign, not exceeding four (4) square feet, non-illuminated, mounted flat against the wall, is permitted.

      6.   A permitted home occupation shall have no more than one full time employee who is not a family member on the premises.

      7.   A home occupation must be within the residence or a permitted accessory building.

      8.   Home occupation daycare may provide care to no more than five (5) children at any time inclusive of resident children needing daycare.

      9.   No home occupation shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance beyond that caused by a typical single-family occupancy.

      10.   Uses of the following type or with the following characteristics are prohibited.

         a.   Repair and/or servicing, storing, painting of autos, trucks, boats, RVs, motorcycles, and ATVs.

         b.   Any use requiring wastewater pre-treatment.

         c.   Any business creating external noise, odors, vibrations, or other potential nuisance factors including customer traffic that could detract from residential enjoyment of the neighborhood. (Ord. 595, 6-13-2018)

   Except as otherwise provided in this chapter, no sign may be constructed, erected, enlarged, illuminated, or substantially altered except in accordance with the provisions ofthis chapter and the Building Code. Maintenance or repainting of a sign shall not be considered a substantial alteration. No signs shall be permitted in residential zones, however certain exemptions more fully articulated below may apply.

   A.   Purpose and Authority: The purpose of this chapter is to establish standards for the commercial fabrication, erection, and use of signs, symbols, and advertising devices within the city. These standards are designed to protect and promote the public welfare, health and safety of the community, and to aid in the development and promotion of business and industry. As used herein, the term "administrator" shall refer to the city's building official, planning administrator, or their designee.

   B.   Application Process: An application for a sign permit shall be obtained from the Kellogg Building and Planning Department. The administrator or designee shall review the application to determine if the proposal conforms with the requirements of this chapter and other applicable regulations, and if so, will issue the sign permit(s). The application shall contain at least the following information:

      1.   The name and address of the applicant and, if different, the name and address of the person who will own the sign;

      2.   The street address of the property on which the sign will be located or, if the property on which the sign is to be located has no address, the address of the abutting property which shall be for reference only;

      3.   The name and mailing address of the owner of the property on which the sign will be located;

      4.   A description of the sign, including its size, sign area, height, and whether the sign will be illuminated or have electrical components, and the location of the sign on the property;

      5.   For temporary signs, the dates, or estimated dates, that the event, activity, or promotion will begin and end;

      6.   A drawing of the proposed sign, to include the size and shape, which need not be to scale;

      7.   Any other information as may be specifically required for the particular type of sign proposed, as set out in the following regulations, administrator, or City Council.

   C.   Definitions: The following are definitions related to signs:

   FREESTANDING SIGNS: A sign that is attached to, erected on, or supported by some structure (i.e. a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign.

   SIGN: Any identification, description, illustration, symbol, statue or device, illuminated or nonilluminated, which is visible from any public place designed to advertise, identify, or convey information, including any landscape where letters or numbers are used for the purpose of directing the public's attention to a product or location. This excludes window displays and flags of any state or nation. For the purpose of removal, the term sign shall also include any sign structures.

   TEMPORARY SIGN: A sign which is not permanently affixed and is in place for thirty (30) days or less.

   D.   Signs Excluded from Permitting: The subsequent signs are exempt from permitting under this chapter provided the following conditions and standards specified are met:

      1.   Signs not exceeding two (2) square feet in area that are customarily associated with residential use, by way of example but not limitation: giving property identification names or numbers or names of occupants, name and number identification on mailboxes and newspaper tubes, and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals. Limited to two (2) such signs;

      2.   Signs erected by or on behalf of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs;

      3.   Flags, banners, pennants, or insignia of any governmental organization;

      4.   Integral decorative or architectural features of buildings, including building names and dedication dates, or works of art, so long as such features or works do not contain letters or numbers (except in case of building names and dedication dates);

      5.   Signs directing and guiding traffic on private property;

      6.   Commemorative plaques that do not exceed four ( 4) square feet, are permanently affixed to or near the structure or object it is intended to commemorate;

      7.   Signs inside a building, that are part of decoration, or displays applied or attached to the interior of a window or located on the interior and visible through the window;

      8.   The following temporary signs are exempt from permit requirements so long as the specified conditions and standards are met:

         a.   Election or campaign signs not exceeding four (4) square feet in residential zones or thirty-two (32) square feet in other zones, or public property, erected no more than thirty (30) days prior to dates specified in Idaho Code Section 34-106 as it now exists or is subsequently amended; such signs will be removed within five (5) days of Election Day.

         b.   Informational signs placed by nonprofit or civic organizations about community events, public services, or attractions. Temporary special event signs may be placed no more than fourteen (14) days prior to the event, and must be removed within five (5) days of the conclusion of the event.

      9.   Window signs allowing for visibility of the building's interior from the right-of-way.

      10.   Signs placed on residential property advertising services being rendered so long as the sign is removed when the service or work is complete.

   E.   Signs Requiring a Permit: Unless otherwise provided in this title, the following signs require a Sign Permit from the City of Kellogg, and are subject to the application process outlined in section 11-9-8 B. of this chapter.

      1.   Wall Signs and Awnings: Except as follows, signs attached to or on the surface of a building wall, may not, individually or collectively, cover more than fifty percent (50%) of a total wall surface. Awning signs shall be calculated as a part of the total wall surface area to which the awning is attached. A mural is exempt from total sign surface area restrictions. No wall sign attached to a building may project more than twelve inches (12") from the building, except awning signs which shall project no more than four feet (4') from the building face.

      2.   Projecting Or Hanging Signs: The total area of all projecting signs shall not exceed ten (10) square feet and may not extend more than four feet (4') from the building. Clearance under the lowest point of any sign which projects over a walkway accessible to the public shall not be less than eight feet (8').

      3.   Freestanding signs: Any sign not affixed to a structure shall be entirely within the required yard area and shall not obstruct public walkways or vehicular visibility requirements. Placement of freestanding signs in the right-of-way is prohibited, with the exception of sandwich signs that have been issued a sign permit by the City of Kellogg, and comply with provisions of this chapter.

      4.   Sandwich Board Signs: Each face of the sandwich board sign shall be no wider than two feet (2') and no taller than three feet (3'), including any sign frame. A sandwich board sign placed on private property may differ in dimensions with administrative approval. A minimum width of five (5) continuous feet of sidewalk between the abutting property and the roadway must be maintained for safe pedestrian travel; not to exceed one (1) sandwich sign per business or location. Sandwich board signs must be placed within the same block, and on the same side of the street as the business or service which they advertise.

      5.   Roof signs: No roof sign shall extend a distance above the roofline of more than ten feet (10') or one-third (1/3) of the building height, whichever is less. Building permits are required for all roof signs.

      6.   Feather- or Teardrop-Style Banners: Poles or stakes of feather- or teardrop-style banners must be permanently anchored into the ground. The placement or installation of banners in the right-of-way is prohibited.

   F.   Total Sign Surface Area, Location, Height: Subject to the other provisions of this section, the maximum sign surface area permitted on any lot in a commercial or industrial district, except in a freeway location, shall be determined as follows:

      1. There may be not more than one and a half (1.5) square feet of sign surface area per linear foot of lot street frontage.

      2.   The maximum sign surface area on any commercial or industrial lot in a freeway location shall be three (3) square feet for each linear foot of lot street frontage. The total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section, and all signs except temporary and exempt signs shall be included in this calculation. Unless otherwise provided in this chapter the maximum sign surface area permitted on any lot in any residential district is four (4) square feet. The time and quantity limitations defined .within this section are imposed to avoid visual clutter, the development of litter, traffic hazard or other adverse effects.

   F.   Computation Of Sign Area: The surface area of a sign shall be computed by including the entire area of the sign. The sign surface area of a double faced; back-to-back sign shall be calculated by using the area of only one side of such sign (the larger side if there is a size difference).

   G.   Illumination Of Signs: Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not create a nuisance. No sign may contain or be illuminated by repeated, strobe-like flashing or intermittent lights or lights changing degrees of intensity.

   H.   Sign Restrictions and Prohibitions:

      1.   No sign may be located so that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads.

      2.   Portable signs are prohibited, with the exception of sandwich signs.

      3.   No sign may be erected so that by its location, color, size, shape, nature, or message it would tend to obstruct the view of, or be confused with, official traffic signs or other signs erected by governmental agencies.

      4.   Unless otherwise specified in this chapter, no sign larger than four (4) square feet shall be permitted in a residential district.

      5.   Wiring for lighted signs shall be installed in accordance with the Electrical Code as amended, revised, compiled and published and to such amendment and revisions adopted by the Idaho Electrical Board pursuant to the Idaho Code section 54-1001.

      6.   Freestanding signs and banners shall be securely fastened to the ground or to some other supportive structure so that they may not be moved by the wind or other forces of nature. Sandwich signs in compliance with all other provisions of this chapter are exempt from this requirement.

      7.   Permanent off-premises signs are prohibited except for the following:

         a.   Signs that provide direction to attractions, amenities, businesses, or features within the CB, Central Business District. A sign located off-premises on private property shall comply with the following:

            (1)   An application for an off-premises sign must be accompanied by a lease or agreement between the owner of the building on which the sign will be placed and the applicant placing the sign. The agreement shall state: the terms of the off-premises sign's placement; location; duration; or other information deemed necessary by the Administrator.

            (2)   The sign must be affixed to a building, and shall not exceed one (1) sign per business, or off-premises location and/or structure.

         b.   Banners on Public Property: A banner may only be installed in or over public right-of-way with a permit granted by City Council. The permit shall be subject to the following conditions:

            (1)   The banner must convey community, governmental, or seasonal theme, or be for the sole purpose of beautification of a commercial area. No commercial messages are allowed.

            (2)   The banner may be displayed for no longer than the time period granted by City Council, provided there is a written agreement that the banner will be maintained by the installer or responsible party. The City Clerk may grant renewal of the permit for an additional like term provided the size and location of the banner remains unchanged.

            (3)   Attachments for banners spanning city streets must be inspected by the Building Official.

      8.   Commercial signs are prohibited in residential zones. (See section D. Signs Excluded from Permitting: subsection 10.)

      9.   No development may be allotted more than one freestanding sign per business or location.

   I.   Maintenance Of Signs: All signs and components thereof, including supports, braces, and anchors, shall be kept in a state of good repair and appearance.

   J.   Nonconforming Signs: Subject to the following, nonconforming signs that were otherwise lawful on the effective date of these regulations, or as amended, may be continued. A nonconforming sign may not be moved, altered, expanded, or replaced except to bring the sign into complete conformity with this title.

      1.   If a nonconforming sign is destroyed, removed, or altered it may not be repaired, reconstructed, or replaced except in conformity with all the provisions of this title.

      2.   Subject to other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed, within any twelve (12) month period, fifty percent (50%) of the value of such sign.

   K.   Removal and Disposition of Nonconforming signs: Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of two (2) months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned.

      1.   Any sign in violation of regulations may be removed by the City at the sole expense of the owner of the sign five (5) days after written notice has been supplied to the owner.

      2.   An owner or permit holder of the sign who claims it after its removal shall pay to the City an amount equal to the costs incurred by the city in removing the sign.

      3.   If a sign constitutes an imminent hazard or risk to lives or property, as determined by the administrator, the City may remove the sign immediately with or without notice.

      4.   Any temporary sign found to be in violation of regulations must be removed immediately upon receipt of verbal and or written warning from the Planning Administrator or their designee.

    L.   Appeals. Appeals from decisions made by the administrator or designee shall be made to the Planning and Zoning Commission. Appeals from the provisions or enforcement of this chapter shall be made as provided in section 11-7-7 of this code.

   M.   Penalty. Any person violating any provision of this chapter shall be guilty of an infraction and shall be punished in accordance with provisions of section 11-12-2 of this code. A separate offense shall be deemed to be committed for each day a violation occurs or continues.

(Ord. 595, 6-13-2018; amd. Ord. 626, 5-8-2024; Ord. 633, 12-11-2024)

Permits, when granted, will be valid for the period of time requested or conditioned during the approval process or according to the following for certain permits.

   A.   Conditional Use Permits: In the absence of an approved period of time, conditional use permits will run with the land or expire at the end of a one year period if the permitted activity is not commenced with sustained effort. If construction of the approved development or activity is not commenced with sustained effort within one year after approval, the City may give notice to the developer of the intent to terminate the permit for non-performance. Upon such notice, the developer shall be allowed a public hearing concerning the City's intent to terminate, if requested. After hearing from the developer, in addition to comments from the public, City's Planning and Zoning Commission may finally decide the status of the permit.

   B.   Planned Unit Developments: Permits for planned unit developments will have specified terms within a development agreement or may expire for non-compliance with the agreement. If construction of the approved development is not commenced with sustained effort within one year after approval, the City may give notice to the developer of the intent to terminate the agreement for non-performance. Upon such notice, the developer shall be allowed a public hearing concerning the City's intent to terminate, if requested. After hearing from the developer, in addition to comments from the public, City Council may finally decide the status of the development. (Ord. 595, 6-13-2018)