§ 220-43. Zoning districts enumerated.

A. The zoning districts are so designed as to assist in carrying out the intents and purposes of the Comprehensive Plan which has the purpose of protecting the public health, safety, convenience and general welfare.

B. For the purposes of this chapter, the City of Kellogg is hereby divided into the following zoning districts:

§ 220-44. Zoning Map.

A. The location and boundaries of the districts established by this chapter are set forth on the official Zoning Map which is hereby incorporated as part of this chapter and which is on file with the City Clerk/Treasurer's office.

B. District boundary lines recorded on the City Zoning Map are intended to follow lot lines, the center lines of streets or alleys, the center lines of streets or alleys projected, railroad rights-of-way lines and the corporate limit lines as they exist at the time of the enactment of this chapter.

C. All territory, which may hereafter be annexed to the City, shall be considered zoned in the same manner as the contiguous territory inside the previous City limits until otherwise classified and indicated as such on the Zoning Map.

D. The City Clerk/Treasurer shall record amendments to the Zoning Map on the official Zoning Map within 15 days after the adoption of the amendment by the City Council. The official Zoning Map shall be maintained by the City Clerk/Treasurer and shall be kept on file at City Hall for view by the public during normal office hours.

E. In those cases where there is a question of the exact location of a zoning district, the Kellogg City Council shall make the necessary interpretation.

[Amended 1-12-2004]

§ 220-45. Agricultural District (A).

A. Purpose. The A-1 Agricultural District is established to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development since it results in excessive costs to the community for provision of essential public improvements and services. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Permitted uses. The following uses are permitted in the A District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Amended 1-12-2004]

(1) Single-family residence.

(2) Commercial agricultural and horticulture.

(3) Farm buildings and structures.

(4) Roadside stands for the sale of agricultural products.

(5) Historic sites.

(6) Public and private riding stables.

(7) Truck gardens, orchards, nurseries and greenhouses.

(8) Roadside stands for the sale of farm products produced only on agricultural premises.

(9) Public and private forest and wildlife reservations or similar conservation projects.

(10) Public facility plants such as water and sewage disposal.

(11) Essential services: telephone, telegraph, power lines and necessary appurtenant equipment and structures under 35 kilovolts (KV).

(12) Signs subject to the standards in Article VII of this chapter.

C. Accessory uses. The following accessory uses are permitted in the A District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Any incidental machinery, structures or buildings necessary to the conduct of agricultural, single-family residential and other permitted uses.

(2) Private garages, carports, screen houses, swimming pools and storage buildings for use of occupants of the principal structure.

D. Conditional uses. The following conditional uses are permitted in the A District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[Amended 1-12-2004]

(1) Farm drainage and irrigation systems.

(2) Public and parochial schools of general instruction.

(3) Churches and similar places of worship and instruction, including parish houses.

(4) Cemeteries, including mausoleums and crematories.

(5) Hospitals, clinics, sanitariums and charitable institutions for the treatment of diseases, nursing and convalescent homes, except correctional or penal institutions.

(6) Public parks, recreation areas, playgrounds and community centers.

(7) Semipublic recreation areas and centers, including country clubs, swimming pools and golf courses or practice driving tees which are operated for commercial purposes.

(8) Commercial amusement or recreation development.

(9) Home occupations.

(10) Agricultural products and livestock processing plants.

(11) Resort campgrounds.

(12) Mining, sand and gravel operations.

(13) Municipal, county, state and federal government buildings and areas.

(14) Radio and television towers and broadcast stations.

(15) Airports and private landing fields.

(16) Commercial feedlots, provided that no feedlot shall be located within 1,000 feet of a residential district.

(17) Sanitary landfills, provided that no sanitary landfill be located within 1,000 feet of a residential district.

(18) Any other use of similar character to those listed under Subsection B of this section.

E. Performance standards.

(1) Height regulations.

(a) The maximum height of all buildings shall not exceed 35 feet.

(b) This height limitation shall not apply to grain elevators, silos, windmills, elevator lags, cooling towers, water towers, chimneys and smokestacks, church spires, radio transmission towers, or electrical transmission lines.

(2) Front yard regulations.

(a) Required setback distance shall be 40 feet from lot lines.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 40 feet on one side (front) and 25 feet on the other side (side).

(3) Side and rear yard regulations.

(a) Minimum side yard shall be 10 feet.

(b) Minimum rear yard shall be 25 feet.

(c) Accessory buildings shall have side and rear yard setbacks the same as for the principal structure.

(4) Lot width and depth regulation.

(a) Minimum lot width shall be 100 feet.

(5) Lot area regulations. The minimum lot size shall be two acres.

(6) Location and structure. Structures shall be so located on each lot as to permit resubdivision if and when central sewer and water systems become available.

(7) General requirements. Additional requirements for parking, signs, and other regulations are set forth in Article VII of this chapter. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-46. Single- and Two-Family Residential District (R-1).

A. Purpose. The major purpose of this Single- and Two-Family Residential District (R-1) is to allow low-density development of single- and two-family dwelling units in developing portions of the City where City water is available. All dwelling units in an R-1 District shall be required to hook up to City utilities.

B. Permitted uses. The following uses are permitted in the R-1 District:

[Amended 1-12-2004 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

(1) One- and two-family residential dwellings.

(2) Public recreation, including parks and playgrounds.

(3) Historic sites and structures.

(4) Signs subject to standards in Article VII.

(5) Essential services: telephone, telegraph and power lines and necessary appurtenant equipment and structures.

(6) Modular homes and manufactured homes with or without foundations and provided the unit is not in excess of 10 years old and not less than 980 square feet.

C. Accessory uses. The following accessory uses are permitted in the R-1 District:

[Amended 1-13-1993 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

(1) Any incidental structure or building necessary to the conduct of a permitted use, including private garages, carports, screen houses, swimming pools and storage buildings for use of occupants of the principal structures.

(2) Areas for housing and/or confinement of pets are allowed, subject to the provisions of this chapter, but may not be allowed in the front yard.

D. Conditional uses. The following conditional uses are permitted in the R-1 District:

[Amended 1-12-2004 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

(1) Municipal office buildings.

(2) Twin homes/townhomes.

(3) Public and parochial schools of general instruction.

(4) Churches, chapels, including parish houses.

(5) Cemeteries, memorial gardens and funeral homes.

(6) Boarding or rental of rooms including bed-and-breakfast establishments, with a maximum of six roomers for each residential dwelling.

(7) Home occupations.

(8) City buildings and structures, including police and fire stations, libraries, museums and art galleries nursing homes, hospitals and sanitariums.

(9) Water supply buildings and reservoirs, elevated tanks and public swimming pools.

(10) Zero lot line homes with either detached or common walls.

(11) Professional offices.

(12) Semiprivate recreation areas, clubs, lodges and centers, including country clubs, swimming pools and golf courses, but not including such uses as camping areas, miniature golf courses or practice driving ranges, which are operated for commercial purposes.

(13) Pole structures subject to screening and appearance standards, which require exterior roofing and construction materials similar to those dominant in the area.

(14) Any other use of the same character of those listed as permitted uses.

E. Performance standards.

[Amended 1-13-1993; 1-12-2004]

(1) Height regulations. The maximum height of all building shall not exceed 30 feet.

(2) Front yard regulations.

(a) Required setback distance shall be 25 feet from lot line.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and 15 feet on the other side (side).

(c) Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the minimum front yard setback requirement exceed 25 feet.

(3) Side and rear yard regulations.

(a) Minimum side yard setback shall be eight feet on any one side; both sides, a total of 16 feet.

(b) Minimum rear yard setback shall be 20 feet.

(4) Lot width and depth regulations.

(a) Minimum lot width for single-family residence shall be 60 feet; two-family residence, 80 feet.

(b) Minimum lot depth for single-family residence shall be 100 feet; two-family residence, 100 feet.

(5) Lot coverage and minimum dwelling width. The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 50% of the lots total square footage.

(6) General regulations. Additional requirements for parking, signs, and other regulations are set forth in Article VII. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-47. Multifamily Residential District (R-2).

A. Purpose. The Multifamily Residential District (R-2) is intended to provide for the development of desirable residential neighborhoods, characterized by a higher density of development and choice of tenancy.

B. Permitted uses. The following uses are permitted in the R-2 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Any permitted use allowed in the R-1 District.

(2) Multiple-family dwellings for any number of families or housekeeping units, including twin homes.

C. Accessory uses. The following accessory uses are permitted in the R-2 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Any accessory use permitted in the R-1 District.

D. Conditional uses. The following conditional uses are permitted in the R-2 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Manufactured home parks.

(2) Townhouses, condominiums and row houses.

(3) Campgrounds and resorts.

(4) Pole structures subject to screening and appearance standards, which require exterior roofing and construction materials similar to those dominant in the area.

(5) Other uses of the same general character as those listed as permitted uses in an R-2 District.

E. Performance standards.

(1) Height regulations. The maximum height of all buildings shall not exceed 45 feet.

(2) Front yard regulations.

(a) Required setback distance is 25 feet from the lot line.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 25 feet on one side (front) and a 15 feet setback on the other side (side).

(c) Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the minimum front yard setback requirement exceed 25 feet.

(3) Side and rear yard regulations.

(a) Minimum side yard setback is eight feet, for a total of 16 feet for both sides.

(b) Minimum rear yard setback is 20 feet.

(c) Accessory buildings shall be permitted, provided that they comply with all regulations applicable to the principal uses.

(4) Lot area. The minimum lot area shall be 8,000 square feet for two-family structures, with an additional 2,500 square feet per family for each additional unit above the first two units.

(5) Lot width and depth regulations.

(a) Minimum lot width is 60 feet.

(b) Minimum lot depth is 100 feet.

(6) Lot coverage. The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 50%.

(7) General regulations. Additional requirements for parking, signs, fencing, and other items are set forth in Article VII. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-48. Central Business District (B-1).

A. Purpose. The purpose of the Central Business District (B-1) is to encourage the continuation of a viable commercial area by allowing retail, service, office and entertainment facilities as well as public and semipublic uses. In addition, residential uses will be allowed to locate above the commercial establishments.

B. Permitted uses. The following uses are permitted in the B-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Commercial establishments offering merchandise or services to the general public in return for compensation. Such establishments to include but not be limited to the following:

(a) Retail establishments, such as groceries, bakeries, department stores, hardware, drug, clothing and sporting goods stores.

(b) Personal services, such as barber, shoe repair shop and photography studios.

(c) Light industry, such as printing shops that require direct contact with the public.

(d) Professional services, such as medical and dental clinics, architects' and attorneys' offices and animal clinics.

(e) Repair services, such as jewelry, radio and television repair shops.

(f) Banks, finance, insurance and real estate services.

(g) Hobby shops and animal or pet shops.

(h) Second story apartments related to commercial structures.

(i) Restaurants, cafes and supper clubs not serving alcoholic beverages.

(j) Furniture and appliance stores.

(k) Uses customarily incidental to any of the above uses.

C. Accessory uses. The following accessory uses are permitted in the B-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Uses incidental to the principal uses, such as off street parking, loading and unloading areas and storage of merchandise.

D. Conditional uses. The following conditional uses are permitted in the B-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Expansion of existing single- family dwellings but not the construction of new single-family dwellings.

(2) Hotels and motels.

(3) Auto body shops, automotive sales and service stations and car washes.

(4) Restaurants, cafes and supper clubs serving alcoholic beverages.

(5) Theaters, bowling alleys and places of amusement.

(6) On- and off-sale liquor establishments.

(7) Bus depots.

(8) Private clubs.

(9) Laundromats.

(10) Wholesaling.

(11) Other uses which, in the opinion of the Planning Commission and City Council, are of the same general character as the permitted uses and which will not be detrimental to the Central Business District.

E. Performance standards.

(1) Height regulations. The maximum height of any building shall be 45 feet.

(2) Front yard regulations.

(a) There shall be a minimum setback of 30 feet. Those lots fronting on Belvidere Street from Smith Street to Rice Street shall be exempt from any front yard setbacks as required in this provision.

(b) Where a lot is located at the intersection of two or more road or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory building shall project beyond the front yard of either road or highway. Those properties identified in Subsection E(2)(a) above shall be exempt from this provision.

(3) Side and rear yard regulations.

(a) There shall be a minimum side yard setback of eight feet on any one side; both sides, a total of 16 feet; provided, further, that no building shall be located within 12 feet of any side lot line abutting a lot in any Residential District or Agricultural District. Those lots fronting on Belvidere Street from Smith Street to Rice Street shall be exempt from any side yard setbacks as required by this provision.

(b) There shall be a minimum rear yard setback of 12 feet.

(4) Lot area. The minimum lot area shall be: no minimum.

(5) Screening and fencing. The City may require the screening or fencing of commercial uses on side and rear yards which face the Residential or Agricultural Districts.

(6) General regulations. Requirements for signs, parking, and other regulations are set forth in Article VII. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-49. General Industrial District (I-1).

A. Purposes. The General Industrial District (I-1) is intended to provide for the establishment of manufacturing and industrial uses which, because of the nature of the product, requires isolation from residential uses.

B. Permitted uses. The following uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Automobile service stations, implement dealers and repairs.

(2) Wholesale business establishments.

(3) Warehouses, packing and crating establishments and truck yards and terminals.

(4) Contractors' shops and yards, roofing, electrical, paperhanging, ventilating, welding, upholstering, fencing and building.

(5) Storage yards for building materials, coal, wood and ice.

(6) Laboratories for research and quality control.

(7) The manufacturing, compounding, processing, packing or treatment of such products as candy, cosmetics, drugs, perfumes, pharmaceuticals, toiletries and food products, except the rendering of fats and oils.

(8) Bottling plants.

(9) Research facilities.

(10) Dry-cleaning establishments.

(11) Farm implement sales, storage and repair.

(12) Trade schools.

(13) Offices.

(14) Essential services, such as telephone and power companies.

(15) Grain elevators.

(16) Welding repair shops and general manufacturing.

(17) Storage buildings.

[Added 8-13-1992]

C. Accessory uses. The following accessory uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Off-street parking, storage garages and loading as regulated in this chapter.

(2) Buildings temporarily located for purposes of construction.

(3) Essential security and safety facilities as approved by the City Council.

(4) Storage buildings.

[Added 8-13-1992; 1-12-2004]

D. Conditional uses. The following conditional uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Monument works.

(2) Dwellings for watchmen or custodians of industrially used property only.

(3) Outdoor storage of vehicles or materials or open sales lots.

(4) Restaurants, lunch counters, confectioneries to serve the employees of the district.

(5) Slaughterhouse and livestock sales yard.

(6) Manufacturing, refining and processing of chemicals.

(7) Auto reduction yards and recycling centers.

(8) Agricultural chemical and fertilizer storage.

(9) Bulk fuel storage.

E. Prohibited uses. The following uses are permitted in the I-1 District: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(1) Distillation of bone, coal, tar, petroleum, grain or wood.

(2) Manufacturing or bulk storage of explosives.

(3) Any industry that creates an excessive odor, noise, air or environmental pollution problem.

F. Performance standards.

(1) Height regulation. The maximum height of any building, hereafter erected or structurally altered, shall not exceed 45 feet.

(2) Front yard regulations.

(a) There shall be a minimum setback of 25 feet from lot line.

(b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No building shall project beyond the front yard line of either road or highway.

(3) Side and rear yard.

(a) The minimum side yards shall be five feet on each side for a total of 10 feet.

[Amended 8-13-1992]

(b) The minimum rear yard shall be five feet.

(4) Lot area. The minimum lot area shall be: no minimum.

(5) Screening and fencing. The City may require the screening or fencing of industrial uses on side and rear yards, which face or abut a residential district.

[Amended 1-12-2004]

(6) General regulations. Standards and regulations related to signs, parking, etc., are set forth in Article VII.