A.

Applications Required. The city of Franklin requires that an application be submitted for each of the following requests:

1.

Development standards or use variance;

2.

Special exception;

3.

Administrative appeal;

4.

Zoning map amendment ("rezoning");

5.

Annexation;

6.

Planned unit development (subject to the requirements of Chapter 17.28); and

7.

Site development plan (subject to the requirements of Chapter 17.40).

B.

Permits Required. The city of Franklin requires that an application be submitted for the following types of permits:

1.

Improvement location permit (Note: a building permit may also be required consistent with the provisions of the Franklin building code); and

2.

Sign permit.

C.

Application Materials. All applications may be obtained from the planning director. Fees shall be paid to the city of Franklin at the time all petition applications are submitted and at the time all permits are issued.

1.

Application Forms. All applications shall be made on forms provided by the planning director. All applicants shall submit original applications that are completed in their entirety in ink or typed.

2.

Copies of Materials. All applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the planning director and the applicable rules and procedures of the plan commission and board of zoning appeals.

3.

Scheduling. All applications shall be assigned reference and/or docket numbers by the planning director.

a.

Petition Applications. Petition applications shall be scheduled by the planning director for the appropriate public hearings based on the completeness of the application consistent with the requirements of this chapter and the appropriate adopted calendars of filing and meeting dates for the board of zoning appeals and/or plan commission.

b.

Order of Action Taken. Action shall be taken on all applications in the order received.

(Ord. 04-09 § 11.1)

* See Also: Chapter 17.28, planned unit development; Chapter 17.40, site development plans; plan commission rules and procedures; board of zoning appeals rules and procedures.

For all public hearings, the notice shall be provided to the public consistent with the requirements of this section and the rules and procedures of the board of zoning appeals and plan commission. Required public notice shall include the following:

A.

Legal Notice. The applicant shall prepare and pay for a legal notice consistent with the requirements of IC 5-3-1 for publication in the local newspaper. The legal notice shall appear in the newspaper no less than one time at least ten (10) days prior to the public hearing, not including the date of the hearing. Legal notices shall include each of the following:

1.

Property location: the general location of the subject property, including its common address and a legal description of the included land;

2.

Available plans: that the project plans are available for examination at the office of the Franklin plan commission;

3.

Hearing information: that a public hearing will be held, giving the date, place, and hour of the hearing; and

4.

Written comments: that written comments on the application will be accepted prior to the public hearing and may be submitted to the planning director.

B.

Notice to Interested Parties. The applicant shall prepare and distribute written notice of the application to all interested parties. In no instances shall streets, alleys, streams, or other features be considered boundaries for precluding notification.

1.

Notice Information. The notice shall contain the same information as the legal notice that is published in the newspaper as outlined in subsection A of this section.

2.

Responsibility. The distribution and cost of the notice shall be the responsibility of the applicant.

3.

Notification Requirements. The notification of interested parties shall be as specified by the plan commission and/or board of zoning appeals rules and procedures (whichever is applicable).

4.

Notification Certification. A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a completed affidavit of notice certifying the correctness of the mailing list shall be provided to the planning director by the applicant a minimum of two business days prior to the date of the public hearing.

(Ord. 04-09 § 11.2)

* See Also: Indiana Code 5-3-1, Legal Notice; plan commission rules and procedures; board of zoning appeals rules and procedures.

In no case shall any variance to the terms of this title be authorized without the approval of the BZA. Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA. The following procedure shall apply to all variance applications:

A.

Application. The applicant shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to, the following:

1.

Site Plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the variance request.

2.

Statement of Intent. A statement of intent to the board of zoning appeals describing the details of the variance being requested and stating how the request is consistent with the required findings of fact. The statement should include any written commitments being made by the applicant.

B.

Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with Section 17.48.020 and the rules and procedures of the board of zoning appeals.

C.

Public Hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supporting information.

1.

Representation. The applicant and any representative of the applicant must be present at the public hearing to present the petition and address the required findings of fact.

2.

Testimony. The board shall consider a report from the planning director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.

3.

Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the board.

4.

Possible Action. The BZA may approve, approve with conditions, deny, or continue the application.

a.

Approval. The application shall be approved if findings of fact are made consistent with the decision criteria listed in subsection D of this section.

b.

Approval with Modifications. The application shall be approved with modifications if the board of zoning appeals determines that the required findings of fact may be made if certain conditions are applied to the application. The board may make reasonable conditions related to the required finding of facts part of its approval and/or accept written commitments from the applicant.

c.

Denial. The application shall be denied if findings of fact consistent with the decision criteria listed in subsection D of this section are not made. Applications that are denied shall not be eligible for consideration again by the board for a period of one year from the date of denial.

d.

Continued. The application may be continued by the board based on a request by the planning director, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the board that additional information is required prior to action being taken on the request.

i.

Additional legal notice shall not be required unless specified by the board of zoning appeals.

ii.

The continuing of all applications shall be consistent with the adopted rules and procedures of the board of zoning appeals.

D.

Decision Criteria. In taking action on all variance requests, the board shall use the following decision criteria, consistent with the requirements of the Indiana Code.

1.

Development Standards Variance. The board may grant a variance from the development standards of this title (such as height, bulk, area) if, after a public hearing, it makes findings of facts in writing (consistent with IC 36-7-4-918.5), that:

a.

General welfare: the approval will not be injurious to the public health, safety, morals, and general welfare of the community;

b.

Adjacent property: the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

c.

Practical difficulty: the strict application of the terms of this title will result in a practical difficulty in the use of the property. This situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.

2.

Use variance: the board may grant a variance from the use requirements and limitations of this title if, after a public hearing, it makes findings of facts in writing (consistent with IC 36-7-4-918.4), that:

1.

General welfare: the approval will not be injurious to the public health, safety, morals, and general welfare of the community;

2.

Adjacent property: the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

3.

Practical difficulty: the strict application of the terms of this title will result in a practical difficulty in the use of the property (this situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on economic gain);

4.

Unnecessary hardship: the strict application of the terms of this title will constitute an unnecessary hardship as they are applied to the property for which the variance is sought; and

5.

Comprehensive plan: the granting of the variance does not interfere substantially with the comprehensive plan.

E.

Conditions. The board may impose such reasonable conditions upon its approval as it deems necessary to find that the decision criteria for approval will be served.

F.

Commitments. The board may require the owner of the property to make written commitments concerning the use or development of the property as specified under IC 36-7-4-921 and have such commitments recorded in the Johnson County recorder's office. A copy of the recorded commitments shall be provided to the planning director for inclusion in the petition file prior to the issuance of any improvement location permit. No improvement location permit shall be issued for permit application which does not comply with the recorded commitments.

G.

Limitations. The following limitations shall apply to the execution of a variance approval:

1.

Development Standards Variance. A development standards variance granted by the board and executed in a timely manner as described in this chapter shall run with the parcel until such time as: (a) the property conforms with this title as written; or (b) the variance is terminated.

2.

Use Variance. Unless otherwise specified by the board, use variance approvals shall be limited to, and run with the applicant at the location specified in the application. The board may also limit use variances to a specific time period and a specific use. Use variances shall be invalid if: (a) the property conforms with this title as written; or (b) the variance is terminated.

(Ord. 04-09 § 11.3)

* See Also: Section 17.48.020, Notice of Public Hearing; board of zoning appeals rules and procedures.

In no case shall special exception uses be authorized without the approval of the BZA. Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA. The following procedure applies to special exception applications:

A.

Application. The applicant shall submit a special exception application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to, the following:

1.

Site Plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the special exception request.

2.

Statement of Intent. A statement of intent to the board of zoning appeals describing the details of the special exception request including, but not limited to:

a.

The ways in which the special exception shall comply with the applicable development standards of this title;

b.

The ways in which the special exception shall be consistent with the required findings of fact described by subsection D of this section; and

c.

Any written commitments being made by the applicant.

B.

Notification. Notification for the scheduled public hearing regarding the special exception request shall be completed consistent with Section 17.48.020 and the rules and procedures of the board of zoning appeals.

C.

Public Hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the special exception application and required supporting information.

1.

Representation. The applicant and any representative of the applicant must be present at the public hearing to present the application and address the required findings of fact.

2.

Testimony. The board shall consider a report from the planning director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.

3.

Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the board.

4.

Possible Action. The BZA may approve, approve with conditions, deny, or continue the application.

a.

Approval. The application shall be approved if findings of fact are made consistent with the requirements of subsection D of this section and Indiana State Code.

b.

Approval with Modifications. The application may be approved with modifications if the board of zoning appeals determines that the required findings of fact may be made only if certain conditions are applied to the application. The board may make reasonable conditions related to the required finding of facts part of its approval and/or accept written commitments from the applicant.

c.

Denial. The application shall be denied if findings of fact consistent with the requirements of subsection D of this section and the Indiana State Code are not made. Applications that are denied shall not be eligible for consideration again by the board for a period of one year from the date of denial.

d.

Continued. The application may be continued by the board based on a request by the planning director, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the board that additional information is required prior to action being taken on the request.

i.

Additional legal notice shall not be required unless specified by the board of zoning appeals.

ii.

The continuing of all applications shall be consistent with the adopted rules and procedures of the board of zoning appeals.

D.

Decision Criteria. The board may grant a special exception for a use listed as such in the appropriate zoning district in Chapter 17.16 if, after a public hearing, it makes findings of facts in writing, that:

1.

General welfare: the proposal will not be injurious to the public health, safety, morals, and general welfare of the community;

2.

Development standards: the requirements and development standards for the requested use as prescribed by this title will be met;

3.

Ordinance intent: granting the special exception will not be contrary to the general purposes served by this title, and will not permanently injure other property or uses in the same zoning district and vicinity; and

4.

Comprehensive plan: the proposed use will be consistent with the character of the zoning district in which it is located and the Franklin comprehensive plan.

E.

Other Considerations. When considering a special exception the board of zoning appeals may examine the following items as they relate to the proposed use:

1.

Topography and other natural site features;

2.

Zoning of the site and surrounding properties;

3.

Driveway locations, street access and vehicular and pedestrian traffic;

4.

Parking (including amount, location, and design);

5.

Landscaping, screening, buffering;

6.

Open space and other site amenities;

7.

Noise production and hours of any business operation;

8.

Design, placement, architecture, and building material of the structure;

9.

Placement, design, intensity, height, and shielding of lights;

10.

Traffic generation; and

11.

General site layout as it relates to its surroundings.

F.

Conditions. The board may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in subsection D of this section will be served.

G.

Commitments. The board may require the owner of the property to make written commitments concerning the use or development of the property as specified under IC 36-7-4-921 and have such commitments recorded in the Johnson County recorder's office. A copy of the recorded commitments shall be provided to the planning director for inclusion in the petition file prior to the issuance of any improvement location permit. No improvement location permit shall be issued for permit application which does not comply with the recorded commitments.

H.

Limitations. Unless otherwise specified by the board, special exception approvals shall be limited to, and run with the applicant at the location specified in the application. The board may also limit special exceptions to a specific time period and a specific use. Special exceptions shall also be invalid if: (1) the property conforms with this title as written; or (2) the special exception approval is terminated (consistent with Section 17.12.050(L)).

I.

Special Exception Use Expansion. A use authorized as a special exception may not be expanded, extended, or enlarged unless reauthorized by the board under the procedures set forth in this chapter for granting a special exception.

(Ord. 04-09 § 11.4)

* See Also: Section 17.48.020, Notice of Public Hearing; board of zoning appeals rules and procedures.

The board may grant an appeal of any decision, interpretation, or determination made by the planning director, other plan commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this title. The following procedure shall apply to all appeals of administrative decisions;

A.

Application. The applicant shall submit an administrative appeal application and required supporting information. Supporting information shall include, but not be limited to, the following:

1.

Original Submittals. Copies of all materials upon which the decision being appealed was based.

2.

Written Decisions. Copies of any written decisions that are the subject of the appeal.

3.

Appeal Basis. A letter describing the reasons for the appeal noting specific sections of this title or other standards applicable in the city of Franklin upon which the appeal is based.

B.

Board Review and Action. The BZA will then, at a meeting scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supporting information.

1.

Representation. The applicant and any representative of the applicant must be present at the meeting to present the appeal.

2.

Testimony. The board shall consider a report from the planning director and testimony from the applicant at the meeting.

3.

Procedures. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the rules and procedures of the board.

4.

Possible Action. The BZA may grant, grant with modifications, deny, or continue the appeal.

a.

Granted. The appeal shall be granted if findings of fact are made consistent with the requirements of subsection C of this section and Indiana State Code.

b.

Granted with Modifications. The appeal shall be granted with modifications if the board of zoning appeals determines that the proper interpretation of the provision(s) that are subject to the appeal is consistent with neither the administrative decision nor the requested interpretation of the applicant.

c.

Denied. The appeal shall be denied if findings of fact are made supporting the administrative decision.

d.

Continued. The appeal shall be continued based on a request by the planning director or applicant; an indecisive vote; or a determination by the board that additional information is required prior to action being taken on the request. The continuing of all applications shall be consistent with the adopted rules and procedures of the BZA.

C.

Decision Criteria. The board shall only grant an appeal of such an administrative decision based on a finding, in writing, that the decision of the administrative person or board was inconsistent with the provisions of this title.

(Ord. 04-09 § 11.5)

* See Also: Board of zoning appeals rules and procedures.

The following procedure shall apply to all zoning map amendment ("rezoning") applications:

A.

Application Initiation. Proposals for zoning map amendments may be initiated by either the plan commission, the common council, or through an application signed by property owners of at least fifty (50) percent of the land involved.

1.

City Initiation. The plan commission shall prepare the application for zoning map amendment if either the commission or the common council has initiated the application. The planning director shall serve as the representative of the applicant for such proposals.

2.

Property Owner Initiation. Any property owners requesting a zoning map amendment shall be the applicants and assume responsibility for preparing application materials.

B.

Application. The applicant shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the applicant, and the city is not the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to the following:

1.

Site Plan. A conceptual site plan showing all features relevant to the application.

2.

Vicinity Map. A vicinity map showing the use and zoning of all properties within five hundred (500) feet of the property subject to the rezoning request.

3.

Letter of Intent. A letter of intent to the plan commission stating the reasons for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the applicant.

C.

Technical Review. The application materials shall be reviewed by the city of Franklin technical review committee consistent with the provisions of Section 17.12.040 of this title.

1.

Representation. The applicant(s) or a representative of the applicant(s) shall be present during the review to answer any questions that committee may have.

2.

Revisions. Any revisions to the application materials or the proposal requested by the committee shall either be addressed during the review meeting or through the submittal of revised application materials prior to the plan commission hearing.

D.

Notification. Notification for the scheduled plan commission public hearing regarding the rezoning request shall be completed consistent with the requirements of Section 17.48.020 and the rules and procedures of the plan commission.

E.

Plan Commission Public Hearing. The plan commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates(but no later than sixty (60) days following the receipt of the application per IC 36-7-4-608), review the rezoning application and required supportive information.

1.

Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any questions the commission might have.

2.

Testimony. The commission shall consider a report from the planning director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.

3.

Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the commission.

4.

Possible Action. The commission shall either forward the application to the common council with a favorable recommendation, an unfavorable recommendation, or no recommendation; or continue the request.

a.

Favorable Recommendation. The application shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in subsection I of this section. The recommendation may include commitments requested by the plan commission.

b.

Unfavorable Recommendation. The application shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in subsection I of this section.

c.

No Recommendation. The application may be forwarded with no recommendation if, by a majority vote of the commission, it is determined that the application includes aspects that the commission is not able to evaluate.

d.

Continued. The application may be continued by the commission based on a request by the planning director, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the commission that additional information is required prior to action being taken on the request.

i.

Additional legal notice shall not be required unless specified by the plan commission.

ii.

The continuing of all applications shall be consistent with the adopted rules and procedures of the commission.

F.

Certification. The plan commission shall certify its recommendation by resolution to the common council within ten (10) business days of its determination (per IC 36-7-4-608). The plan commission staff shall forward to the council appropriate copies of the plan commission resolution, the original application and all supporting information, any staff reports regarding the application, and an ordinance for the council's consideration.

G.

Common Council First Reading. The common council will review the rezoning application and the materials forwarded from the plan commission. The common council will then identify a date for second reading and action to be taken on the application.

H.

Common Council Second Reading. The common council shall vote on the proposed rezoning ordinance within ninety (90) days of its certification by the plan commission (per IC 36-7-4-608).

1.

Notification. The council shall provide notification of action on the ordinance consistent with Indiana State Code.

2.

Possible Action. The common council may either approve or deny the ordinance. If the council fails to act within the ninety (90) day time frame the ordinance shall become effective or be defeated consistent with the provisions of IC 36-7-4-608. The council may also seek modifications or additions to any written commitments as described in subsection J of this section.

I.

Decision Criteria. In reviewing the rezoning application, the plan commission and common council shall pay reasonable regard to the following:

1.

Comprehensive plan: the city of Franklin comprehensive plan and any other applicable, adopted planning studies or reports;

2.

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

3.

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

4.

Property values: the conservation of property values throughout the city of Franklin's planning jurisdiction; and

5.

Responsible growth: responsible growth and development.

J.

Written Commitments. The applicant in any rezoning application may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with IC 36-7-4-615.

1.

Origin of Commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, or in response to any modifications requested by the plan commission or common council.

2.

Consideration of Commitments. All commitments shall be considered by the plan commission and the common council in the review of the application.

a.

Commitments shall be included as an element of the rezoning ordinance prepared by the plan commission following action taken at the public hearing.

b.

Any deletion, addition, or alteration of the written commitments proposed by the common council may be referred back to the plan commission for consideration and included in a revised or affirmed recommendation regarding the application. 3. Documenting of Commitments. Following final action being taken on the rezoning application, the rezoning ordinance, with any written commitments included, may be recorded in the office of the Johnson County recorder. A copy of any recorded commitments shall be provided to the planning director for inclusion in the application file prior to the issuance of any improvement location permit. No improvement location permit shall be issued for a permit application that does not comply with the written commitments.

4.

Enforcement of Commitments. The written commitments shall be considered part of this title binding on the subject property.

a.

The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof.

b.

The written commitments shall be enforceable by the plan commission consistent with the adopted provisions for the enforcement of any other aspect of this title, as described in Chapter 17.52, Enforcement and Penalties.

c.

The written commitments may be modified only through the zoning map amendment process described by this section.

(Ord. 04-09 § 11.6)

* See Also: Section 17.48.020, Notice of Public Hearing; Chapter 17.52, Enforcement and Penalties; Indiana Code 36-7-4-608, Plan Commission Certification; Indiana Code 36-7-4-615, Written Commitments.

The following procedure shall apply to all annexation applications that are considered "voluntary," meaning that they are signed by one hundred (100) percent of landowners who reside in the area to be annexed and therefore subject to the provisions of IC 36-4-3-5.1. All other annexations shall be processed by the city consistent with the requirements of IC 36-4-3 et al.

A.

Plan Commission Application. The applicant shall submit, to the planning director for the plan commission, an annexation application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property(ies) involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to the following:

1.

Legal description: a legal description of the boundaries of the area to be annexed;

2.

Contiguity calculations: calculations indicating that the area to be annexed meets the one-eighth contiguity requirements of IC 36-4-3-1.5;

3.

Landowner petition: a petition requesting annexation signed by one hundred percent (100%) of the property owners that reside in the area to be annexed;

4.

Land area: a statement of the approximate number of acres in the area to be annexed; and

5.

Zoning requested: a statement of the zoning district(s) being requested for the property.

B.

Technical Review. The application materials shall be reviewed by the city of Franklin technical review committee consistent with the provisions of Section 17.12.040 of this title.

1.

Representation. The applicant(s) or a representative of the applicant(s) shall be present during the review to answer any questions that the committee may have.

2.

Revisions. Any revisions to the application materials requested by the committee shall either be addressed during the review meeting or through the submittal of revised application materials prior to the plan commission hearing.

C.

Notification. Notification for the scheduled plan commission public hearing regarding the annexation request shall be completed consistent with the requirements of Section 17.48.020 and the rules and procedures of the plan commission.

D.

Plan Commission Public Hearing. The plan commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates review the annexation application and required supportive information.

1.

Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any questions the commission might have.

2.

Testimony. The commission shall consider a report from the planning director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.

3.

Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the commission.

4.

Possible Action. The commission shall either provide the applicant(s) with a favorable recommendation, an unfavorable recommendation, or no recommendation; or continue the request.

a.

Favorable or Unfavorable Recommendation. The planning director shall provide the applicant(s) a letter documenting the plan commission's recommendation within five business days of the date of the decision. The applicant(s) may then file the annexation request with the common council.

b.

No Recommendation. The application may be provided with no recommendation if, by a majority vote of the commission, it is determined that the application includes aspects that the commission is not able to evaluate. The planning director shall provide the applicant(s) a letter documenting the decision of the plan commission within five business days of the date of that decision. The applicant(s) may then file the annexation request with the common council.

c.

Continued. The application may be continued by the commission based on a request by the planning director, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the commission that additional information is required prior to action being taken on the request.

i.

Additional legal notice shall not be required unless specified by the plan commission.

ii.

The continuing of all applications shall be consistent with the adopted rules and procedures of the commission.

E.

Common Council Application. The applicants shall file the application materials listed in subsection A of this section with the common council. The materials shall be updated to include any revisions identified by the technical review committee and/or the plan commission. The materials shall also include a copy of the letter received from the planning director that documents the plan commission's actions regarding the application.

F.

Common Council First Reading. The common council will review the annexation application, a fiscal plan for the area to be annexed (prepared by the city), and the materials from the plan commission. The common council will then identify a date for a public hearing regarding the application (the public hearing must occur within thirty (30) days of the date application materials are filed with the common council consistent with IC 36-4-3-5.1).

G.

Common Council Second Reading. The common council shall hold a public hearing regarding the proposed annexation. The common council will then identify a date for action to be taken on the application (the common council may not adopt an ordinance annexing the area sooner than fourteen (14) days from the date of the public hearing, and must take action within sixty (60) days of the public hearing consistent with IC 36-4-3-5.1).

H.

Common Council Third Reading. The common council will again review the annexation application and shall either approve, deny, or continue the fiscal plan and annexation ordinance. In no instance shall an annexation ordinance be adopted without the council first adopting the fiscal plan. The ordinance may take affect no sooner than thirty (30) days following the date of adoption (subject to the exceptions provided by IC 36-4-3-7(a) for years preceding a federal decennial census and IC 36-4-3-7(d) for areas included in the territory of a volunteer fire protection district established after June 14, 1987).

I.

Filing and Recording. The clerk-treasurer shall file and record the annexation ordinance consistent with IC 36-4-3-22.

(Ord. 04-09 § 11.7)

The following procedure applies to improvement location permit (ILP) applications:

A.

General Requirements. No structure or major infrastructure shall be erected, moved, or added to, without an improvement location permit issued by the planning director. No improvement location permit shall be issued unless the project is in conformity with the provisions of this title, the subdivision control ordinance, and other applicable regulations of the city of Franklin. When applicable, consistent with Chapter 17.40, site development plan review and approval shall be completed prior to the receipt of an improvement location permit.

B.

Permit Required. The city of Franklin requires that an improvement location permit be obtained for any of the following actions. A single improvement location permit may be issued for a combination of these actions, if they occur together:

1.

Construction, removal, or placement of any structure, for any use that exceeds one hundred twenty (120) square feet in area and/or has a permanent foundation (including structures other than buildings such as towers and antennas);

2.

Any temporary use of land or temporary structure;

3.

Signs;

4.

Swimming pools (in-ground pools shall be required to obtain a permit, above ground pools shall not be required to obtain a permit, but shall comply with this title);

5.

Additions to all structures;

6.

Demolition;

7.

Surface and subsurface drainage work and/or grading (including land alteration) excluding agricultural uses;

8.

Driveway access to a public street;

9.

Removal of required trees and plants within buffer yards and landscaping areas required by this title;

10.

Adding or subtracting dwelling units or leased space in multifamily or commercial structures;

11.

Placement or replacement of manufactured or mobile homes;

12.

Parking lot construction or alteration;

13.

Pond or lake construction or alteration;

14.

Mineral extraction;

15.

Telecommunication towers, buildings, and antenna; and

16.

Any exterior construction that adds to or alters the height of an existing structure.

C.

Exemptions. No ILP shall be required for the following types of improvements. However, any such improvement shall comply with any applicable requirements of this title, the subdivision control ordinance, and any other adopted standards of the city of Franklin.

1.

Fences, walls, and hedges placed outside of the public right-of-way;

2.

Residential driveways and sidewalks that are located entirely on private property.

3.

Cosmetic (nonstructural) changes to any structure including the replacement of windows in existing openings, re-roofing, the installation of siding material, and repainting.

D.

Application Requirements. All applications for improvement location permits shall be accompanied by the following:

1.

Site Location Map. A site location map showing the subject property and adjacent streets.

2.

Site Plan (if applicable). A detailed site plan, drawn to scale with the dimensions indicated showing the following:

a.

The entire property and the features of the property including all rights-of-way, easements, property lines, required buffer yards, and setbacks;

b.

All existing and proposed structures or other site improvements with the dimensions of such improvements;

c.

The distances from all proposed improvements to the property lines;

d.

The location of any existing or proposed septic field;

e.

The location of any existing or proposed driveway and/or parking areas;

f.

Any natural, physical or hazardous conditions existing on the lot;

g.

The location of any required landscaping, labeled according to size and species;

h.

The location, type, and dimensions of any storm water structures, conduits, or detention/retention ponds that cross or adjoin the subject property;

i.

Finished floor elevations (if required by the planning director); and

j.

General grades on-site sufficient to determine positive drainage.

3.

Waste Disposal Verification (if applicable). Either a septic permit from the Johnson County health department or a sewer access (tap-on) permit from the city of Franklin.

4.

Use Description. A detailed description of the existing or proposed uses of the property.

5.

Dwelling Units/Tenant Spaces (if applicable). An indication of the number of dwelling units, or tenant spaces, the building is designed to accommodate.

6.

Building Permit (if applicable). A building permit consistent with the requirements of the Franklin building code and the procedures of the building official. The ILP may also serve as the building permit consistent with the policies of the planning director.

E.

Copies. A copy of all submitted plans and application materials shall be retained by the planning director for the permanent records of the plan commission.

F.

Expiration of Permits. If the work described in any improvement location permit has not begun within ninety (90) days, and not been completed within one year of the date of its issuance, the permit shall expire. The city shall not be required to issue written notice to the persons affected.

1.

The planning director may grant extensions for up to one year each for work completion. Requests for extensions must be received within one month of the expiration.

2.

No extension shall be granted unless any appropriate fees, as defined by the adopted fee schedule, are paid to the city and the project continues to conform with all applicable requirements of the city of Franklin.

G.

Construction According to Permits and Permit Application. Improvement location permits issued on the basis of plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed a violation of this title and subject to the provisions of Chapter 17.52, Enforcement and Penalties.

(Ord. 04-09 § 11.8)

* See Also: Chapter 17.40, Site Development Plans; Chapter 17.52, Enforcement and Penalties.

The following procedure applies to improvement location permits for signs (sign permits):

A.

Sign Permit Review for Permanent Signs. The following procedure applies to permanent sign permit review.

1.

Application. Application for a permit shall be filed with the planning director and shall be accompanied by any information the planning director determines is necessary to assure compliance with this title, including but not limited to:

a.

Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit;

b.

An indication of all existing and anticipated signs on the same property and for the same business use;

c.

A dimensioned drawing showing the size of the sign face area and the height of the sign.

2.

Effect of Sign Permit Issuance. A sign permit issued under the provisions of this subsection shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.

3.

Expiration. A sign permit shall become null and void if work has not been started within thirty (30) days of the date the permit is issued or completed within six months of the date the permit is issued.

B.

Sign Permit Review for Temporary Signs. The following procedure applies to sign permit review for temporary signs.

1.

Application. Application for a permit shall be filed with the planning director and shall be accompanied by any information the planning director determines is necessary to assure compliance with this title, including but not limited to:

a.

The type of temporary sign to be used;

b.

The period of time the temporary sign is to be used;

c.

The location at which the temporary sign is to be used; and

d.

The location on the property where the sign is to be placed.

2.

Effect of Sign Permit Issuance. A sign permit issued under the provisions of this subsection shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.

3.

Nullification. A temporary sign permit shall become null and void if the sign has not been placed within thirty (30) days of the date the permit is issued.

(Ord. 04-09 § 11.9)

The following procedure applies to certificates of occupancy:

A.

Certificate Requirements. It is unlawful and in violation of this title for any builder or property owner to allow any improvement that requires an improvement location permit to become occupied or utilized prior to:

1.

Legally obtaining an improvement location permit;

2.

Successfully completing all required inspections, including the final inspection; and

3.

Obtaining a certificate of occupancy from the planning director.

B.

Inspection. Upon the completion of the work approved through an improvement location permit, the permit holder shall contact the planning director and schedule a final inspection to verify the installation of improvements consistent with the requirements of this title. The city engineer, building official, any other municipal official, and any other person requested by the planning director may also take part in the inspection.

C.

Certificate Issuance. The planning director shall issue the certificate of occupancy if the improvements comply with all applicable requirements of the city of Franklin, including this title, the subdivision control ordinance, the building code, and other applicable requirements. The planning director may also issue a limited or temporary certificate of occupancy at his or her discretion.

(Ord. 04-09 § 11.10)

* Intent: The intent of the certificate of occupancy procedure is to coordinate building, planning, and engineering related issues and approvals into a single process and to better ensure the public safety and general welfare.

The following procedure applies to properties located within the Downtown Overlay Design Standards zoning district which requires downtown approval (DA):

A.

General Requirements. No structure shall be erected, moved, expanded, altered, or razed nor shall any site modifications be made within the Downtown Overlay District without downtown approval issued by the planning director or his/her designee. No DA shall be issued unless the project is in conformity with the standards of section 17.24.050 Downtown Overlay Zoning District. A DA shall be required prior to the issuance of any improvement location permit or building permit. All work, for which an improvement location permit, building permit, or site development plan approval is required, shall not commence until such permit or approval is obtained.

B.

Certificate Required. The city requires that a downtown approval be obtained for any of the following actions. A single downtown approval may be issued for a combination of these actions, if they occur together:

1.

Any work for which an ILP is required,

2.

Erection of or addition to any accessory structure,

3.

Any exterior alteration or repair of any building,

4.

Installation of lighting on commercial buildings,

5.

Installation or placement of signs in addition to a sign permit,

6.

Fences, walls, and hedges.

C.

Exemptions. No DA shall be required for the following types of improvements:

1.

Reroofing with like for like materials,

2.

Ordinary maintenance and repairs,

3.

Sandwich board signs,

4.

Surface and subsurface drainage work and/or grading,,

5.

Driveway access to a public street.

D.

Application Requirements. All applications for downtown approval shall be accompanied by the following:

1.

Site Location Map. A site location map showing the subject property and adjacent streets.

2.

Site Plan (if applicable): A detailed site plan, drawn to scale with the dimensions indicated showing the following:

a.

The entire property and the features of the property including all rights-of-way, easements, property lines, required buffer yards, and setbacks;

b.

All existing and proposed structures or other site improvements with the dimensions of such improvements;

c.

The distances from all proposed improvements to the property lines;

d.

The location of any existing or proposed septic field;

e.

The location of any existing or proposed driveway and/or parking areas;

f.

Any natural, physical or hazardous conditions existing on the lot; and

g.

The location of any required landscaping, labeled according to size and species,

3.

Elevation drawings showing all facades which are to be affected.

4.

Samples of materials and colors and required by the Planning Director.

5.

Use Description: A detailed description of the existing or proposed uses of the property.

6.

Dwelling Units/Tenant Spaces (if applicable): An indication of the number of dwelling units, or tenant spaces, the building is designed to accommodate.

7.

Any other materials requested by the planning director or his/her designee which may be useful to determine conformance with the downtown overlay requirements.

E.

Copies. A copy of all submitted plans and application materials shall be retained by the planning director for the permanent records of the plan commission.

F.

Expiration of Certificates. If the work described in any downtown approval has not begun or obtained any necessary permit within ninety (90) days, and has not been completed within one year of the date of its issuance, the certificate shall expire. The city shall not be required to issue written notice to the persons affected.

1.

The Planning Director may grant extensions for up to 1 year each for work completion. Requests for extensions must be received within 1 month of the expiration.

2.

No extension shall be granted unless any appropriate fees, as defined by the adopted fee schedule, are paid to the City and the project continues to conform with all applicable requirements of the City of Franklin.

G.

Construction According to Downtown Approval and Downtown Approval Application. Downtown approvals issued on the basis of plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed a violation of this section and subject to the provisions of Chapter 17.52, Enforcement and Penalties.

(Ord. No. 2010-04, § 2(Exh. A), 7-19-2010)