A.

Title. This title shall be formally known as the "City of Franklin, Indiana Zoning Ordinance," and it may be cited and referred to as the "zoning ordinance" or "title."

B.

Defined Words. Words used in a special sense in this title are defined in Chapter 17.08, Definitions. All other words shall have the meaning inferred from their context in this title or their ordinarily accepted definitions.

C.

Meanings. The following rules of construction shall apply to the text of this title:

1.

The particular and specific provisions of this title shall supersede any general requirements that are established by it.

2.

The words "shall" and "will" are always mandatory and not discretionary. The word "may" is permissive.

3.

Words used in the present tense include the future; and words used in the singular number include the plural; and the plural includes the singular; words of the masculine gender will include the feminine and the neuter gender will refer to any gender as required, unless the context plainly indicates the contrary.

4.

A building or structure includes any part thereof.

5.

The phrase "used for" includes "arranged for, designed for, intended for, maintained for, or occupied for."

6.

The word person includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

7.

Unless it is plainly evident from the context that a different meaning is intended, a regulation which involves two or more items, conditions, provisions, or events connected by the conjunction "and, or," or "either … or," the use of the conjunction is defined as follows:

a.

"And" means that all the connected items, conditions, provisions, and events apply together and not separately.

b.

"Or" means that the connected items, conditions, provisions, or events apply separately or in any combination.

c.

"Either … or" means that the connected items, conditions, provisions, or events shall apply separately but not in combination.

8.

The word "includes" does not limit a term to the specified examples, but is intended to extend the term's meaning to all other instances or circumstances of like kind or character.

9.

The word "city" means the city of Franklin, Indiana, the word "county" means Johnson County, Indiana, and the word "state" means the state of Indiana.

(Ord. 04-09 § 1.1(A)—(C))

* See Also: Chapter 17.08, Definitions.

A.

Authority. This zoning ordinance is adopted by the city of Franklin pursuant to its authority under the laws of the state of Indiana, 36-7-4 et seq. Whenever codes cited in this title refer to Indiana Code which has been amended or superseded, this title shall be deemed amended in reference to the new or revised Indiana Code.

B.

Jurisdiction. This title shall apply to all land within the jurisdiction of the city of Franklin advisory plan commission, including all lands within the city limits and any lands outside of the city limits but within the jurisdiction of the plan commission consistent with the provisions of IC 36-7-4-205.

1.

Federal and State Property. This title shall not apply to any property owned by the government of the state of Indiana or the United States of America. This title shall apply to all property owned by other units of local government, including Johnson County, the Franklin community school corporation, the city of Franklin park board, etc.

2.

Heritage Markers. In no instance shall this title be interpreted as restricting or prohibiting the state of Indiana or any of its political subdivisions from setting aside, by law, sites, memorials, edifices, and/or monuments in commemoration of persons or objects of historical or architectural interest or value, or as part of local heritage (consistent with IC 36-7-4-1105).

C.

Purpose. This title is intended to guide the growth and development of the city in accordance with the Franklin comprehensive plan and for the following purposes (consistent with IC 36-7-4-601(c)):

1.

Adequate facilities: to secure adequate light, air, and convenience of access; and provide safety from fire, flood, and other dangers.

2.

Public safety: to promote the public health, safety, convenience, and general welfare.

3.

Future development: to plan for the future development of the city to the end that:

a.

The community grows with adequate public ways, utilities, health, education, and recreation facilities;

b.

The needs of agriculture, industry, and business be recognized in future growth;

c.

Residential areas provide healthful surroundings for family life; and

d.

The growth of the community is commensurate with and promotes the efficient and economical use of public funds.

(Ord. 04-09 § 1.2)

* See Also: IC 36-7-4 et. seq. (Local Planning & Zoning); IC 36-7-4-205 (Contiguous Unincorporated Jurisdiction); IC 36-7-4-1105 (Heritage Markers); IC 36-7-4-601(c) (Zoning Ordinance Purpose).

A.

Conflicting Requirements. The provisions of this title shall be the minimum requirements for the protection of the health, safety, comfort, morals, convenience, and general welfare of the people at large, and are designed to encourage the establishment and maintenance of reasonable community standards for the physical environment. If two or more provisions within this title are in conflict or are inconsistent with one another, then the provision which is most restrictive shall control.

B.

Overlapping Regulations. When this title along with private covenants, private contracts, commitments, permits, agreements, state laws, federal laws or other regulations applies to a structure or parcel of land, the greater restriction shall control. In no instance shall this title be interpreted as altering or negating any other applicable regulations, or preventing their enforcement by the appropriate entity.

C.

Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or existing use be expanded, except in full compliance with all provisions of this title and after the lawful issuance of all permits and certificates required by this title.

(Ord. 04-09 § 1.3)

* Covenants Note: Nothing in this title shall be interpreted as requiring the city of Franklin to enforce private covenants. Nor shall this title, or any action taken in the administration of this title (even if contrary to the specifications of private covenants) prevent a party to the covenants from seeking their enforcement through the appropriate legal mechanisms.

A.

Official Zoning Map. The zoning map for the city of Franklin, officially labeled "Official City of Franklin, Indiana Zoning Map," is included as part of this title. The map may also be known and referred to as the "official zoning map" and as the "zoning map." The official zoning map shall include the ordinance number by which it was adopted and the date of adoption.

B.

Official Zoning Map Copies. Copies of the official zoning map may be made and distributed to interested persons. The official zoning map copies shall be labeled as copies and have the date which they were last modified printed on them.

C.

Location of the Official Zoning Map. The official zoning map will be located in the office of the Franklin plan commission.

D.

Zoning District Boundaries and Identification. The zoning district boundaries shall be as shown on the official zoning map. The abbreviations for the zoning districts appearing in this title shall be used to identify the zoning districts on the official zoning map. Planned unit developments shall be indicated on the official zoning map using the three-digit "PUD" abbreviation and the ordinance number by which each PUD is created. Rezonings that include conditions shall be noted as such.

E.

Regular Revisions. The official zoning map should be formally revised annually, or otherwise as the plan commission determines necessary.

1.

Zoning Map Amendments. A notation on the official zoning map shall be made within two business days of the effective date of any approved ordinance making a zoning map amendment. The notation shall be made either electronically or though a permanent-pen hand written note. The notation shall include the ordinance number by which the change was approved and the date of the approval by the city council.

2.

Errors and Omissions. Other revisions may be made to correct drafting or other errors or omissions in the zoning map, but shall not have the effect of amending the map.

F.

Damaged, Destroyed or Lost Official Zoning Map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret, the city council may, by ordinance, adopt a new official zoning map which shall, to the extent possible, duplicate the accuracy of the damaged, destroyed or lost map. Unless the prior map has been lost or completely destroyed, it or any significant parts shall be preserved, together with any available records of its adoption and amendment.

G.

Interpretation Standards. Zoning district boundaries on the official zoning map shall be interpreted as follows:

1.

Streets and Easements. Zoning district boundaries shown within the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the center lines.

2.

Property Lines. Zoning district boundaries indicated as following section or fractional sectional lines, platted lot lines, or city corporation lines shall be construed as following such lines.

3.

Bodies of Water. Zoning district boundaries indicated as approximately following the center line of streams, rivers, or other bodies of water shall be construed to follow such center lines. Boundaries indicated as following shore lines shall be construed as moving with any change in the actual shore line.

4.

Divided Lots. Where a zoning district boundary line divides a lot, the zoning in which the majority of the area of the property is included shall apply to the entire property. In cases where a property is divided equally between two or more zoning districts, the least intense district shall apply to the entire property. The planning director shall determine the applicable zoning for properties divided into multiple zoning districts consistent with this section.

5.

Extensions of Lines. Zoning district boundaries indicated as parallel to or extensions of the features listed in subsection (G)(1) through (4) above shall be construed as so.

H.

Interpretation Procedure. The planning director shall determine the applicable zoning for each property in the plan commission's jurisdiction as described in subsection (G)(1) through (5) of this section.

1.

Appeals of Planning Director Interpretations. Any ruling of the planning director pertaining to the district boundaries may be appealed to the board of zoning appeals.

2.

Plan Commission Interpretation Required. If the planning director cannot definitely determine the location of a district boundary, immediate action on any affected application shall be refused. The plan commission shall interpret the location of the district boundary with reference to the scale of the official zoning map and the purposes set forth in all relevant provisions of this title. This interpretation may occur as part of a regular or special plan commission meeting and does not require a public hearing. Decisions of the plan commission may not be appealed to the board of zoning appeals, but may be appealed to a court of jurisdiction.

I.

Effect of Vacation on Zoning. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by the proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then be subject to all regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area. The resolution of any disputes as to the exact zoning district boundaries shall be determined by the planning director. Appeals of the planning director's determination may be brought before the board of zoning appeals.

(Ord. 04-09 § 1.4)

A.

Transition Rules. The following transition rules shall apply to the adoption of the ordinance codified in this title.

1.

Previously Applied for Improvement Location Permits. Any application for an improvement location permit that has been filed with the plan commission or its designees and is full and complete, prior to the effective date of said ordinance, shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and penalties shall follow those established by this title.

2.

Previously Filed Zoning Map Amendment Requests. Any application for a zoning map amendment that was filed with the plan commission or its designees, and is full and complete prior to the effective date of said ordinance, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists, the planning director shall, with the applicant's consent, amend the application so that the request for rezoning would accomplish the same end goal.

3.

Previously Filed Board of Zoning Appeal Petitions. Any application before the board of zoning appeals (i.e. special exception, use variance, development standards variance) that has been filed with the board of zoning appeals or its designees and is full and complete, prior to the effective date of said ordinance, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that:

a.

Obsolete petitions: if the petition is no longer required by the terms of this title, the application will be dismissed;

b.

Applicable regulations: the improvements to which the petition relates shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing (consistent with subsection (A)(1) of this section); and

c.

Administrative procedures: all administrative procedures and penalties shall follow those established by this title.

4.

Expiration of Previous Approvals. All variances, special exceptions, and other petitions regulated by this title that were approved prior to the effective date of this title and not executed through the proper receipt of an improvement location permit shall expire and become void one year following the effective date of said ordinance.

a.

Construction Approved, but Not Begun. All improvement location permits issued prior to the effective date of said ordinance shall be void one year after their date of issue if construction has not begun.

b.

Construction Begun, but Abandoned. Improvement location permits issued prior to the effective date of said ordinance for which construction has begun shall become void if construction is abandoned for a period of twelve (12) consecutive months or if, in the opinion of the planning director, construction has otherwise ceased.

c.

Re-issued Approvals. All approvals which expire and/or become void shall comply with this title if re-issued.

B.

Amendments. The following process and decision criteria shall apply to the amendment of this title.

1.

Amendment Process. In accordance with IC 36-7-4-602, the Franklin city council may amend or partially repeal the text of this title or it may amend the official zoning map of this title as follows:

a.

Zoning Ordinance Text Amendments. The city council or the plan commission may initiate a proposal to amend or partially repeal the text according to the procedures of IC 36-7-4-602(b) and the adopted plan commission rules and procedures.

b.

Official Zoning Map Amendments. The city council, plan commission, or at least fifty (50) percent of the affected property owners may initiate a petition to change the official zoning map according to the procedures of IC 36-7-4-602(c), the adopted plan commission rules and procedures, and the requirements of Chapter 17.08, Administration, of this title.

2.

Decision Criteria. In its review of the text and zoning map amendment proposals, the plan commission and city council shall pay reasonable regard to (consistent with IC 36-7-4-603):

a.

The most recently adopted comprehensive plan;

b.

Current conditions and the character of structures and uses in each district;

c.

The most desirable use for which the land in each district is adapted;

d.

The conservation of property values throughout the plan commission's jurisdiction; and

e.

Responsible development and growth.

C.

Repealer. The zoning ordinance of the city of Franklin, Indiana adopted as Municipal Ordinance 91-21 on August 26, 1991, and its associated zoning map and any revisions to either are repealed. This city of Franklin, Indiana Zoning Ordinance and official zoning map shall replace the repealed ordinance and map.

D.

Severability. If any provision of this title or the application of any provision to particular circumstances is held unconstitutional or invalid by the courts, the remainder of the title or the application of such provision to other circumstances shall not be affected.

E.

Saving Provision. This title shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous zoning ordinance. Also, this title shall not be construed as discontinuing, reducing, modifying, or altering any penalty accruing or about to accrue.

(Ord. 04-09 § 1.5(A)—(E))