This article applies to all structure in Knox, Indiana, and its two-mile jurisdiction.

(Ord. No. 2022-OR-7, § I, 5-10-22)

This article is intended to protect the character of residential neighborhoods and commercial corridors, as well as to ensure that structures are placed and constructed in such a way that is harmonious and beneficial to all residential and commercial properties.

(Ord. No. 2022-OR-7, § II, 5-10-22)

A.

In the Single-Family Residential District (R-1), notwithstanding limitations imposed by other provisions of this article, a single-family dwelling and customary accessory structures may be erected on any single legal lot of record as of the effective date of the adoption of the ordinance from which this article is derived. The lot must be in separate ownership, included in a subdivision of record in the Office of the Starke County Recorder, and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both that are generally applicable to the district. Yard dimensions, including yard requirements not involving area or width of the lot, shall conform to the regulations for the district in which the lot is located. Variances of requirements, other than lot area or lot width, shall be obtained only through action of the board of zoning appeals. (Note: This section shall apply only to single-family residences.)

B.

If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this article and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this article, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this article.

C.

A nonconforming lot may be continued but may not be extended, expanded, or changed unless to a conforming use.

D.

If any nonconforming use of lot ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(Ord. No. 2022-OR-7, § I, 5-10-22)

A.

Where a lawful structure exists at the effective date of adoption or amendment of this article that could not now be built under the terms of this article by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

B.

Any nonconforming structure damaged or destroyed by fire, flood, explosion, or other casualty to the extent of not more than 50 percent of the fair market value of the building immediately prior to the damage, may be reconstructed and used as before if the following apply:

(1)

Reconstruction has begun within 12 months of the casualty and construction completed within 36 months of commencement. An extension may be granted by the board of zoning appeals.

(2)

The restored structure has no greater coverage and contains no greater cubic content than before the casualty.

(3)

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

C.

Any nonconforming structure damaged or destroyed by fire, flood, explosion, or other casualty to the extent of more than 50 percent of the fair market value of the building immediately prior to the damage, may not be reconstructed and used as before.

D.

If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use provided that the board of zoning appeals approves of the change.

E.

If the use of any nonconforming structure ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(Ord. No. 2022-OR-7, § IV, 5-10-22)

Where, at the time of adoption of the ordinance from which this article is derived, lawful uses of land exist which would not be permitted by the regulations imposed by this article, the uses may be continued so long as they remain otherwise lawful, provided:

A.

No such conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this article.

B.

No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this article.

C.

If any such nonconforming uses of land are discontinued or abandoned, as defined in the section 9, Notice of abandonment, for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this article for the district in which such land is located.

D.

No additional structure not conforming to the requirements of this article shall be erected in connection with such nonconforming use of land.

E.

A nonconforming use of land may be continued but may not be extended, expanded, or changed unless to a conforming use.

F.

An existing nonconforming use which occupies only a portion of an existing structure may be extended throughout the structure, provided the change or extension does not eliminate, displace, prevent, or restrict the continuance of any then-existing use being concurrently carried on in the structure which conforms with the requirement of this article.

G.

If any nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

H.

Accessory dwelling units in existence prior to the adoption of this article shall be considered pre-existing, nonconforming uses and shall follow the standards set forth in this section.

(Ord. No. 2022-OR-7, § V, 5-10-22)

A.

If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this article that would not now be allowed in the district under the terms of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article, but no such use shall be extended to occupy any land outside such building.

(2)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(3)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned as defined in the section 9, Notice of abandonment, for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(4)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

B.

A nonconforming use of land, or structure, or both in combination may be continued but may not be extended, expanded, or changed unless to a conforming use.

C.

If no structural alterations are made, any nonconforming use of a structure and land, may be changed to another nonconforming use provided that the board of zoning appeals approves of the change.

D.

If any nonconforming use of lot, use of land, or structure, or in combination ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(Ord. No. 2022-OR-7, § VI, 5-10-22)

A.

An illegal nonconforming use is:

(1)

A use, lot or structure that was constructed in violation of this article; or

(2)

A use that was initiated in violation of this article; or

(3)

A use that was legally initiated but abandoned for a period of one year.

B.

An illegal nonconforming use or structure is subject to actions and penalties allowed by the zoning ordinance and all other applicable city laws. Such structure or use shall be made to conform to all applicable standards and regulations of this article.

C.

A legal nonconforming structure or use results from a change in the provisions of the ordinance that renders non-compliant a structure or use that previously conformed to the ordinance. The non-compliance is not a result of the fault or inappropriate action of the owner, tenant, or property manager

(Ord. No. 2022-OR-7, § VII, 5-10-22)

A.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure and market value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

B.

Any nonconforming use damaged or destroyed by fire, flood, explosion, or other casualty to the extent of not more than 50 percent of the fair market value of the building immediately prior to the damage, may be reconstructed and used as before if the following apply:

(1)

Reconstruction has begun within 12 months of the casualty and construction completed within 36 months of commencement. An extension may be granted by the board of zoning appeals.

(2)

The restored structure has no greater coverage and contains no greater cubic content than before the casualty.

(3)

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

C.

Any nonconforming use damaged or destroyed by fire, flood, explosion, or other casualty to the extent of more than 50 percent of the fair market value of the building immediately prior to the damage may not be reconstructed and used as before.

D.

If requested, any time period in this section may be extended by the board of zoning appeals. Any extension of time may be reviewed and adjusted as necessary by the board of zoning appeals.

(Ord. No. 2022-OR-7, § VIII, 5-10-22)

A.

The notice of abandonment is a document issued by the zoning administrator if a building or structure larger than 200 square feet is determined abandoned or vacant.

B.

The zoning administrator shall have the right to determine if a building is considered vacant or abandoned based on evidence satisfactory to the planning commission, including, but not limited to:

(1)

Actual removal, minimal consumption or disconnection of equipment, furniture, machinery, structures, or other components of the use;

(2)

The turning-off of the previously connected utilities;

(3)

Lack of business receipts/records available to provide evidence that the use is in continual operation, where applicable;

(4)

Lack of active lease agreements available to provide evidence that the use is in continual operation, where applicable;

(5)

Visual observance;

(6)

Interviews or statements obtained from surrounding property owners; or

(7)

Any other additional criteria set forth by the plan commission.

C.

The zoning administrator or other designee of the planning commission shall have the right to inspect the property in question.

D.

The zoning administrator shall issue a notice of abandonment to the owner of the structure that is deemed to have been abandoned.

E.

The owner shall have the right to respond in writing to the notice of abandonment addressed to the zoning administrator within 30 days from notice receipt date.

(1)

The zoning administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the planning commission that the building or structure has not been abandoned.

(2)

If the owner does not provide information that demonstrates to the satisfaction of the planning commission that the building or structure has not been abandoned, the zoning administrator shall provide a letter to the property owner of this determination and remedies the owner must make within 90 days to ensure the property is not abandoned.

F.

If within 90 days, the remedies outlined from the zoning administrator have not been met, the property may be determined abandoned.

G.

If within 40 days of the date of which the notice of abandonment was sent, no response has been received from the property owner or other identified party, the property, building and/or structure shall be deemed abandoned.

H.

Once a structure is deemed abandoned, the structure is in violation of this zoning ordinance and loses the status of a legal nonconforming structure based on the section 4, Nonconforming uses.

(1)

The zoning administrator shall have the right to decide if the status of the legal nonconforming structure may remain with the property.

a.

Once a structure is deemed abandoned and loses the status of a legal nonconforming structure based on section 4 of this article, the City of Knox has the right to issue a citation.

(Ord. No. 2022-OR-7, § IX, 5-10-22)