A.

Creation. The board of zoning appeals referred to in this ordinance is the City of Knox Board of Zoning Appeals as created in accordance with the statutes of the State of Indiana.

B.

Powers. The board of zoning appeals shall have the following powers:

1.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official or the plan commission in the enforcement of this ordinance.

2.

Special uses. To hold a public hearing and authorize special uses as set forth in specific districts and to attach conditions to such approvals deemed to be in the best interest of the City of Knox.

3.

Variances. To authorize, upon appeal, variances from the terms of this ordinance where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship.

C.

Decisions.

1.

All final decisions arrived at by the board of zoning appeals shall require a majority vote of all its members.

2.

All final decisions on variances, which the board of zoning appeals has the power to decide under this ordinance, shall be subject to judicial review in accordance with applicable statutes of the State of Indiana.

3.

All decisions of the board of zoning appeals from decisions of the zoning administrator shall, in all instances, be final administrative determinations subject to judicial review in accordance with applicable statutes of the State of Indiana.

In exercising the above-mentioned powers, the board of zoning appeals may reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination appealed from, and may make such order, requirements, decision or determination as provided by law. Notification of any and all actions of the board of zoning appeals shall be given to all parties.

D.

Appeals to the board of zoning appeals. An appeal to the board of zoning appeals may be filed by any person including the zoning administrator or any officer of the city in his official capacity, aggrieved or affected by any decision of the zoning administrator or the plan commission. Such appeal shall be filed within a reasonable time as provided by the rules of procedure of the board of zoning appeals by filing with the zoning administrator a notice of appeal specifying the grounds thereof.

(Ord. No. 958, 2-10-98)

An application for a variance from the terms of the ordinance may be filed with the zoning administrator and shall state:

A.

The name and address of the applicant or appellant and the adjacent property owners;

B.

The name and address of the owner of the real estate to be affected by the proposed variance;

C.

A brief description and location of real estate to be affected by such proposed change;

D.

A statement of the present zoning classification of the real estate in question, the improvements thereon, and the present use thereof;

E.

A statement of the section of this ordinance under or from which the exception or variance requested may be authorized, and reasons why it should be granted;

F.

A reasonable, accurate description of the present improvements and the additions intended to be made under the application, indicating the size of such proposed improvements, material, and general construction thereof. In addition, there shall be attached a plot plan of the real estate to be affected, indicating the location and size of the lot and size of improvements now erected and proposed to be erected.

(Ord. No. 958, 2-10-98)

Appeals alleging error by the zoning administrator in enforcement or interpretation of the provisions of this ordinance may be filed by any party affected by the proceedings or by the zoning administrator. Such appeal shall be made in writing to the board of zoning appeals within ten days of the action appealed from. If appeal is not taken as specified herein, the right of appeal shall have been forfeited. The appeal notice shall be in writing and shall state specifically wherein the error is, and the interpretation which the appellant believes should have been given or the exact nature of the interpretation sought. The notice shall be filed with the zoning administrator. Such appeals shall be considered by the board of zoning appeals within a reasonable time not to exceed 60 days or other such schedule established by the board of zoning appeals.

(Ord. No. 958, 2-10-98)

An appeal from the decision of the zoning administrator shall be made to the board of zoning appeals. Variances may be granted by the board of zoning appeals, only in accord with the following procedures:

A.

A written notice of appeal for the variance must be filed with the board of zoning appeals through the zoning administrator which notice shall show:

1.

That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district.

2.

The strict interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

3.

That the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience.

4.

That granting the variance will be in harmony with the objectives of this ordinance, and not injurious to the neighborhood or otherwise detrimental to the public welfare.

B.

A nonconforming use of neighboring lands, buildings or structures in the same district, and a permitted use of lands, buildings or structures in other districts shall not be considered grounds for issuance of a variance. Any other variance granted in the same general area shall not constitute grounds for issuance of another similar variance.

C.

The variance shall be a minimum variance that will make possible a reasonable use of the land, building or structure, equivalent to but not exceeding the use of similar lands, buildings or structures permitted generally in the same use district. The board of zoning appeals may reduce the extent of the variance requested.

D.

A date shall be set for a public hearing on the variance not less than ten days after the application for such is received and notice shall be given in accordance with section 5, herein. A public hearing shall be held before action is taken on any variance.

E.

The board of zoning appeals shall find whether each of the requirements has been met. A concurring vote of a majority of the fully constituted membership of the board of zoning appeals shall be required to grant a variance.

F.

In granting any variance, the board of zoning appeals shall prescribe conditions and safeguards to assure conformity with the purposes of this ordinance. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this ordinance.

G.

No variance shall be granted which will permit a use not permitted in the pertinent district by this ordinance.

H.

Any variance shall become void if:

1.

Building permit has not been obtained within 30 days after the variance has been granted.

2.

Any structure or characteristic of use permitted by variance is moved, removed or discontinued.

I.

A request for variance may be initiated only by the property owners, and/or designee.

J.

The board of zoning appeals shall render its decision on any variance application within a reasonable time not to exceed 60 days.

(Ord. No. 958, 2-10-98)

Upon the filing of an appeal, or an application for a variance, the board of zoning appeals shall establish a reasonable time and place for a public hearing. Notice shall be given:

A.

By publishing a notice thereof once at least ten days before the date fixed for the public hearing in a newspaper of general circulation in the city;

B.

By mailing a notice thereof to parties requesting to be notified of said meeting(s);

C.

By filing a notice thereof with the city clerk for notification of the city council;

D.

By filing a notice thereof with the plan commission for notification of the plan commission members;

E.

By mailing or delivering notice thereof to the owner if his residence is known or to the occupier of every lot on the same street within 500 feet of the lot or building in question and on every lot not on the same street within 150 feet of the said lot or building, provided that failure to give notice required by this paragraph shall not invalidate any action by the board of zoning appeals; and

F.

The notice herein required shall state the location of the lot or building and the general nature of the appeal.

(Ord. No. 958, 2-10-98)

Any person aggrieved by the decision of the board of zoning appeals or city council, or any officer of the city, may, within 30 days after any decision of the board of zoning appeals, appeal to the Court of Common Pleas of Starke County, by a petition duly verified, setting forth that such decision is arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law, specifying the grounds upon which he relies.

(Ord. No. 958, 2-10-98)

Any application for an appeal, variance, planned unit development, special use or any other application requiring a pubic hearing shall be accompanied by a fee as established by the city council.

(Ord. No. 958, 2-10-98)