§ 220-38. Conditional use permits.

A. Criteria for granting conditional use permits. In granting a conditional use permit, the City Council of Kellogg shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings where applicable.

(1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities, which serve or are proposed to serve the area.

(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land, and there will be no deterrence to development of vacant land.

(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent properties.

(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use.

(5) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(6) The use is not in conflict with the Comprehensive Plan of the City.

(7) The use will not cause traffic hazards or congestion.

(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided by applicant.

[Amended 1-12-2004]

B. Additional conditions.

(1) In permitting a new conditional use or in the altering of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:

(a) Increasing the required lot size or yard dimension.

(b) Limiting the height, size or location of buildings.

(c) Controlling the location and number of vehicle access points.

(d) Increasing the street width.

(e) Increasing the number of required off-street parking spaces.

(f) Limiting the number, size, location or lighting of signs.

(g) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(h) Designation of sites for open space.

(i) Establish a time of operations.

[Amended 1-12-2004]

(2) The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council; time limits, review dates, and such other information as may be appropriate.

C. The following are required exhibits for conditional use permits:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property.

D. Procedure. The procedure for obtaining a conditional use permit is as follows:

(1) The property owner or his agent may meet with the City Council to explain his/her situation, learn the procedures and obtain an application form.

[Amended 1-12-2004]

(2) The applicant shall file the complete application form, together with the required exhibits, with the City Council and shall pay a filing fee as established by the City Council.

(3) The City Council shall transmit the application to the Planning Commission.

(4) The Planning Commission shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than 10 days and not more than 30 days prior to said hearing, and shall notify all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

(5) The Planning Commission shall hold the public hearing and then shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and recommend one of three actions to the City Council within 30 days after holding the public hearing: approval, denial or approval with special conditions.

(6) The City Council shall take appropriate action on the request for a conditional use permit within 30 days of receiving the recommendations by the Planning Commission. If it grants the conditional use permit, the City Council may impose conditions it considers necessary to protect the public health, safety and welfare.

(7) Revocation of conditional use permits. Where a conditional use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the Planning Commission or the City Council unless work thereon commences within 12 months of the date granting such conditional use. The conditional use permit shall not be assignable unless approved by the City Council. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(8) In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.

(9) No application of a property owner for a conditional use shall be considered by the Planning Commission within a one-year period following a denial for such a request, except the Planning Commission may permit a new application if, in its opinion, new evidence or a change in circumstances warrants it.

§ 220-39. Variances.

A. Criteria for granting variances. A variance to the provisions of this chapter may be issued by the City Council to provide relief to the landowner in those cases where the chapter imposes undue hardship or practical difficulties to the property owner in the use of this land. No use variances (uses different than those allowed in the district) may be issued.

(1) A variance may be granted only in the event that all the following circumstances exist:

(a) Exception or extraordinary circumstances apply to the properties, which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this chapter have had no control.

(b) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(c) That the special conditions or circumstances do not result from the actions of the applicant.

(d) That granting the variance requested would not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district.

(e) That the variance requested is the minimum variance which would alleviate the difficulties. Economic conditions could be considered a hardship.

(f) The variance would not be materially detrimental to the purpose of this chapter or to other property in the same zone.

(2) The City Council may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

B. The following are required exhibits for variances:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property.

C. Procedures. The procedures for obtaining a variance from the regulations of this chapter are as follows:

(1) The property owner or his/her agent shall meet with the Planning Commission to explain his/her situation, learn the procedures and obtain an application form.

(2) The applicant shall file the completed application form together with the required exhibits with the City Council and shall pay a fee to cover the costs of publishing, mailing, public hearing and other administrative costs as determined by resolution of the Kellogg City Council.

(3) The City Council shall request the Planning Commission to review the variance request and provide a recommendation to the City Council for consideration at a public hearing.

(4) The City Council may dispense with the hearing required by Subsection C(3) above if the requested variance does not seek a change in current property classification and if a written consent to the proposed variance is submitted by the applicant by all property owners who own property within 100 feet from the boundary lines of the applicant's property. The City Council shall have the authority to require a public hearing even though the consent of all landowners located within 100 feet of the outer boundaries of the property have consented to the granting of said variance.

(5) The City Council shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper not less than 10 days nor more than 30 days prior to the hearing. All property owners within 350 feet of the outer boundaries of the property in question shall be notified. However, failure of any property owners to receive such notification shall not invalidate the proceedings.

(6) The City Council shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: approval, approval with special conditions or denial.

(7) No application by a property owner for a variance shall be submitted to the City Council within a twelve-month period following a denial of such a request, except the City Council may permit a new application if, in the opinion of the City Council, new evidence of change or circumstances warrants it.

§ 220-40. Zoning amendments.

A. Criteria for granting zoning amendments. The City Council may adopt amendments to this chapter and the Zoning Map in relation both to land uses within a particular district or to the location of a district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the Comprehensive Plan or changes in conditions in the City.

B. Kinds of amendments.

(1) A change in a district's boundary (rezoning).

(2) A change in a district's regulations.

(3) A change in any other provision of this chapter.

C. Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(1) By petition of an owner or owners of property which is proposed to be rezoned or for which district regulation changes are proposed.

(2) By recommendation of the Planning Commission.

(3) By action of the City Council.

D. Required exhibits for rezoning or district regulation changes initiated by property owners are as follows:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) The evidence of ownership or enforceable option on the property.

E. Procedure. The procedure for a property owner to initiate a rezoning or district regulation change applying to this property is as follows:

(1) The property owner or his/her agent shall meet with the City Council to explain his/her situation, learn the procedures and obtain an application form.

(2) The applicant shall file the completed application form together with the required exhibits with the City Council and shall pay a filing fee as established by the City Council.

(3) The City Council shall transmit the application and required exhibits to the Planning Commission.

(4) The Planning Commission shall set the date for a public hearing and shall have notices of such hearing published in the legal newspaper at least once, not less than 10 days and not more than 30 days prior to said hearing. All property owners within the affected zone and within 350 feet of the outer boundaries of the property in question shall be notified; however, failure of any property owner to receive such notification shall not invalidate the proceedings. The City Council may waive the mailed notice requirements for a City-wide amendment to this chapter initiated by the Planning Commission or the City Council.

(5) The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days one of three actions: approval, denial or approval with special conditions.

(6) The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission.

(7) No application of a property owner for an amendment to the text of this chapter or the Zoning Map shall be considered by the Planning Commission within a one-year period following a denial of such request, except the Planning Commission may permit a new application if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrants it.

F. Zoning amendment in accordance to the Comprehensive Plan. Any change in zoning granted by the governing body shall automatically amend the Comprehensive Plan in accordance with said zoning change.

§ 220-41. Board of Zoning Adjustment.

A. A Board of Zoning Adjustment is hereby established for the City of Kellogg, which shall consist of the City Council and the Planning Commission of Kellogg. The terms shall be the same as for the City Council membership.

[Amended 1-12-2004]

B. Officers, rules and meetings. The Board shall annually elect a Chairperson and Vice Chairperson from amongst its members and shall appoint a secretary, who need not be a member of the Board. It shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations.

C. The Board of Adjustment shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of Zoning Maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by such an administrative official charged with enforcing the chapter. Any officer, department, board or bureau of the City may take by any person, firm or corporation aggrieved or such appeal. The Board of Adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in § 220-39 of this chapter. No use variances (uses different than those allowed in the district) shall be issued by the Board of Zoning Adjustment.

D. The Board of Adjustment shall make its order deciding the matter and shall serve a copy of such order to the appellant or petitioner by certified mail. Any party may appear at the hearing in person or by agent or attorney.

E. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's order, as in its opinion, ought to be made in the premises. The reasons for the Board's decision shall be stated.

§ 220-42. Enforcing Officer.

[Amended 1-12-2004]

The City Council shall appoint the Zoning Administrator. The Zoning Administrator shall enforce this chapter and shall perform the following duties:

A. Issue occupancy, building and other permits, and make and maintain record thereof.

B. Oversee inspections of buildings and use of land to determine compliance with the terms of this chapter.

C. Maintain permanent and current records of this chapter, including but not limited to all maps, amendments and conditional uses, variances, appeals and applications therefor.

D. Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

E. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal law or state law.