A joint workshop between the Knox City Council and Planning Commission was held recently to clear up some confusion about the City’s authority in the two mile jurisdiction.
Some concerns have been raised that certain things go unaddressed in that area due to the fact that there’s uncertainty about who should handle various matters.
City Councilman and Planning Commission member Don Kring said it has gotten to the point that the Knox Planning Commission hypothetically considered the possibility of relinquishing any kind of authority there because City officials are reportedly getting the blame for matters that they have no power to address.
He noted they have not pursued that potential any further but this has been a consistent source of frustration for City officials.
He noted, “I think that’s one of the biggest issues that we have, trying to relay that to the 2-mile jurisdiction, who has the authority.”
John Molitor, an attorney with extensive experience with planning and zoning law provided officials with a “crash course” about the matter. He noted that the City Planning Commission has limited authority there.
He explained, “Land-use is what you’re limited to in that area and that’s by state law that you’re allowed to that and it’s been the case for over 50 years.”
Kring commented, “So no grass ordinances or burnt out homes or anything like that?”
Molitor responded, “No, not unless you were to have a cooperative agreement with the County where the County would agree that the City could regulate those areas as well.”
While the City of Knox currently distributes building permits to residents within the 2-mile jurisdiction, from what Molitor mentioned, the County is actually technically responsible for that, as well as inspections, because those items are separate from land-use.
However, the City still is still allowed to ensure that their land-use codes are being followed at those homes.
As it stands, Director of Building and Code Compliance Kenny Pfost supplies the building permits and ensures that the homeowner is in compliance with the City’s planning and zoning codes.
If County officials wanted to start supplying the building permits, they would either have to incorporate the City’s setbacks and other zoning requirements for that particular property or individuals would also have to acquire an improvement location permit that recognizes they’re following the City’s rules as opposed to the County’s.
It was noted that the biggest difference between the two has to do with varying height restrictions and set back requirements.
Molitor mentioned that it could be beneficial to get everyone on the same page by drafting a document that would regulate who is responsible for what.
This would allow residents and officials to something they could reference if questions arise when things appear to be falling through the cracks.
He shared, “That would be a subject for an inter-local agreement, to figure out who wants to do what in that area and let’s get the City and County officials together and decide what makes sense.”
The joint workshop was purely informational and no decisions were made. However, this matter will likely be addressed again in future meetings.
