A.

Administrative Officer. The Franklin planning director (including any designee(s) of the planning director), will have the principal responsibility for the administration and enforcement of this title within the plan commission's planning jurisdiction. The duties of the planning director, or his or her designee shall include, but not be limited to:

1.

Improvement location permits: reviewing, approving, or disapproving all improvement location permits and keeping permanent records of applications made and actions taken;

2.

Inspections: conducting inspections of structures and properties to determine compliance with the requirements of this title and all approvals granted by the plan commission, technical review committee, common council, board of zoning appeals, board of public works and safety, or other body in the execution of its duties as established by this title and Indiana State Code;

3.

Record keeping: maintaining permanent and current records documenting the application of this title including, but not limited to, all maps, amendments, special exceptions, variances, and appeals;

4.

Plan commission applications: receiving, processing, docketing, and referring to the plan commission all appropriate applications;

5.

Board of zoning appeals applications: receiving, processing, docketing, and referring to the board of zoning appeals all appeals, variances, special exceptions, and other matters upon which it is authorized to act under this title and Indiana State Code;

6.

Technical review committee applications: receiving, processing, docketing, and referring to the technical review committee all appropriate applications;

7.

Clerical and technical assistance: providing all such clerical and technical assistance as may be required by the board of zoning appeals, plan commission, technical review committee, common council, or other body in the execution of its duties as established by this title and Indiana State Code.

B.

Fee Schedule. The planning director shall maintain a schedule of fees for all applications, permits, and other processes outlined in this title.

1.

Fee Basis. All fees shall be intended to reimburse the commission for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.

2.

Public Access. The fee schedule shall be made available to the public by the planning director.

3.

Establishment and Revisions. The fee schedule shall be prepared by the planning director, reviewed by the plan commission, and approved by ordinance by the common council.

a.

The fee schedule may be amended by a recommendation submitted to the common council by the plan commission followed by the council's approval of a revised fee schedule ordinance.

b.

The planning director shall review the fee schedule annually and bring any necessary revisions to the attention of the plan commission and common council.

4.

Payment Required. Until all applicable fees have been paid in full, no action shall be taken on any application.

5.

Fines for Failing to Obtain a Permit. The planning director may require any person who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay up to two times the amount of the normal permit fee listed on the fee schedule as a fine for such activity (and in addition to the established fee).

C.

Schedule of Meeting and Filing Dates. The planning director shall maintain an annual calendar of meeting and filing dates for the technical review committee, plan commission, and board of zoning appeals. The existence of this calendar shall not be interpreted as prohibiting special meetings of the committee, commission, or board.

1.

Coordination of Calendars. The calendars of the technical review committee and plan commission shall be coordinated to ensure the efficient processing of applications.

2.

Conformance with Indiana Code. All meeting and filing dates shall be based on the requirements of this title and the laws of the state of Indiana.

3.

Adoption by Resolution. The calendar of meeting and filing dates shall be prepared by the planning director and adopted by resolution by the plan commission and board of zoning appeals (the plan commission shall be responsible for adopting a coordinated calendar for the technical review committee). The calendar of meeting and filing dates shall be reviewed and updated annually by the planning director.

(Ord. 04-09 § 2.1)

The powers and duties of the city of Franklin common council with regard to this title are defined by Indiana Code, and are described in this section.

A.

Duties. Duties should be interpreted as activities that are obligations. Common council duties include:

1.

Plans and ordinances: adopt, reject, or amend the comprehensive plan, any other plans, the zoning ordinance, and the subdivision control ordinance as certified and submitted by the plan commission;

2.

Plan and ordinance amendments: adopt, reject, or amend proposals to amend or partially repeal the text of the comprehensive plan, any other plans, the zoning ordinance, and the subdivision control ordinance as certified and submitted by the plan commission;

3.

Zoning map amendments: adopt, reject, or amend proposals to amend the official zoning map certified and submitted by the plan commission;

4.

Planned unit developments: adopt, reject, or amend proposals for planned unit developments as certified and submitted by the plan commission;

5.

Fee schedule: adopt, reject, or amend proposals to adopt or amend a fee schedule as certified and submitted by the plan commission; and

6.

Other duties: all additional duties as established by Indiana State Code.

B.

Powers. Powers should be interpreted as activities that are optional and may be initiated by the common council. Common council powers include:

1.

Plan and ordinance amendments: initiate amendments to the text of the comprehensive plan, any other plans, the zoning ordinance, and/or the subdivision control ordinance;

2.

Zoning map amendments: initiate amendments to the official zoning map; and

3.

Other powers: all additional powers as permitted by Indiana State Code.

(Ord. 04-09 § 2.2)

The powers and duties of the city of Franklin plan commission with regard to this title are defined by Indiana Code, and are described in this section. These powers and duties are further described by the plan commission rules and procedures.

A.

Duties. Duties should be interpreted as activities that are obligations. Plan commission duties include:

1.

Rules: supervise and make rules for the administration of the affairs of the commission (IC 36-7-4-401(a)(1));

2.

Procedures: prescribe uniform rules pertaining to investigations and hearings (IC 36-7-4-401(a)(2));

3.

Record keeping: maintain a complete record of all proceedings (IC 36-7-4-401(a)(3));

4.

Meeting time and records: fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the commission (IC 36-7-4-306);

5.

Certification: adopt a seal and certify all official acts (IC 36-7-4-401(a)(6) and (7));

6.

Recommendations: make recommendations to the common council concerning the adoption and amendment of the comprehensive plan, the zoning ordinance (including the zoning map), the subdivision control ordinance, and planned unit development district ordinances (IC 36-7-4-405(a)(1));

7.

Decisions: approve or deny plats, re-plats, and amendments to plats consistent with the IC 36-7-4-700 series (IC 36-7-4-405(b)(2));

8.

Surety: record and file all bonds and contracts and assume responsibility for the custody and preservation of all commission documents and papers (IC 36-7-5-401(a)(4));

9.

Publications: prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized by the Indiana Code (IC 36-7-4-401(a)(5));

10.

Fiscal supervision: supervise the fiscal affairs of the commission (IC 36-7-4-401(b)(1));

11.

Budgeting: prepare and submit an annual budget to the common council, and be limited in all expenditures to the provisions made for those expenditures by the common council (IC 36-7-4-401(b)(2));

12.

Employees: prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the commission, consistent with the compensation fixed by the common council (IC 36-7-4-402(a));

13.

Street names and addresses: assign street numbers to lots and structures, renumber lots and structures, assign street names, and approve or deny proposed street names in new developments (IC 36-7-4-405(b)(1), (2), and (3));

14.

Board of zoning appeals facilities: provide suitable facilities for the holder of BZA hearings and for the preserving of records, documents, and accounts (IC 36-7-4-914); and

15.

Other duties: all additional duties as established by Indiana State Code.

B.

Powers. Powers should be interpreted as activities that are optional and may be initiated by the commission. Plan commission powers include:

1.

Advisory committees: establish advisory committees as necessary, composed of specific members and organized for specific purposes (IC 36-7-4-407);

2.

Executive committee: establish an executive committee (IC 36-7-4-408);

3.

Funding assistance: seek funding assistance through grant programs as necessary (IC 36-7-4-409) and accept gifts, donations, and grants (IC 36-7-4-310);

4.

Fee schedule: establish a schedule of fees to defray the administrative costs of the official actions of the commission (IC 36-7-4-411);

5.

Secretary: appoint and fix the duties of a secretary (IC 36-7-4-304);

6.

Professional services: contract for special or temporary services and any professional counsel (IC 36-7-4-311); and

7.

Other powers: all additional powers as permitted by Indiana State Code.

(Ord. 04-09 § 2.3)

A.

Authority and Approvals. The authority of the technical review committee and appeals of its decisions shall be as follows:

1.

Review Authority. The technical review committee shall have the authority to review the following types of applications:

a.

Rezoning applications;

b.

Planned unit development concept plans;

c.

Planned unit development detailed plans; and

d.

Annexations.

2.

Approval Authority. The technical review committee shall have he authority to approve site development plans as specified by Chapter 17.40.

3.

Advisory Capability. The technical review committee may also review and comment on any other matter at the request of the plan commission, board of zoning appeals, common council, board of public works and safety, or planning director.

4.

Appeal Rights. All decisions of the technical review committee may be appealed to the plan commission following the procedure outlined in subsection G of this section.

B.

Committee Structure. The planning director shall serve as the staff for the technical review committee. He or she shall distribute all appropriate materials and keep all necessary files and meeting records. The organization of the technical review committee shall be as described below:

1.

Membership. The technical review committee shall, at a minimum, consist of the following members:

a.

The planning director;

b.

The city engineer;

c.

The park and recreation director or his or her designee;

d.

The police chief or his or her designee;

e.

The fire chief or his or her designee;

f.

The street commissioner or his or her designee;

g.

The superintendent of public works or his or her designee;

h.

No more than five members of the plan commission (appointed by the plan commission);

i.

A representative of the Franklin Community School Corporation;

j.

A representative of the Johnson County health department;

k.

A representative of each of the local gas, water, cable television, electricity, and telephone utilities; and

l.

Any others deemed necessary by the planning director.

2.

Attendance. It is expected that members of the committee shall be present at the time of the scheduled committee meeting. If committee members have comments and are unable to attend, they shall submit the comments in writing to the planning director prior to the appropriate meeting.

a.

Each committee member shall only comment on the aspects of each application that directly relate to their area of expertise regarding the applicable adopted standards of the city of Franklin or the entity they are representing.

b.

If no comments are received from any member of the committee it shall indicate that individually they have no objection to any aspect of the application.

3.

Duties of the Planning Director. The planning director shall oversee the operation of the technical review committee and shall make the final determination regarding any specific aspect of an application on which members of the technical review committee disagree.

a.

In cases of disagreement and at his or her discretion, the planning director may forward any application before the technical review committee to the plan commission for a determination on the request.

b.

The planning director shall determine the action to be taken on each application by the committee based on the comments of the committee members.

4.

Continued Applications. All applications that are not approved by the technical review committee and not forwarded to the plan commission shall be denied or continued and placed on the agenda for the next appropriate committee meeting.

a.

Prior to that meeting the applicant shall address the comments of the committee, making appropriate modifications to the application materials.

b.

The applicant shall provide appropriate copies of the revised materials prior to the next committee meeting based on the adopted calendar of meeting and filing dates.

c.

The applicant may withdraw any application following the review of the committee by submitting a notice of such withdrawal in writing to the planning director. Any applications that are withdrawn and are subsequently re-filed shall be considered a new application and shall be subject to all applicable requirements for new applications (including fees) established by this title.

D.

Attendance Required. The applicant and/or any representative of the applicant shall be required to attend all technical review committee meetings at which their application is to be reviewed. If the applicant or their representative is not present, the application shall automatically be continued and placed on the agenda for the next appropriate committee meeting.

E.

Meeting Record. The planning director shall make written documentation of the comments and findings of the technical review committee for each application and make those findings available to the applicant within five business days of the committee's review. The written documentation shall consist of the following:

1.

Action taken: a letter to the applicant stating the action taken by the committee, and

2.

Outstanding comments: a list of any unresolved comments made by the members of the committee.

F.

Decision Criteria. In all cases, the technical review committee shall only consider the applicable requirements of this title, the Franklin subdivision control ordinance, and any other adopted and applicable standards of the city of Franklin, the state of Indiana, and/or the federal government. The minimum standards and specifications of each other represented entity shall also be considered.

1.

Mandatory Approval. In all cases in which the TRC has approval authority and an application conforms to the applicable standards, that application shall be approved.

2.

Committee Member Comments. In no case shall any applicant be required to make any modifications to any application based solely on the opinions or other undocumented standards of any member of the committee.

a.

This shall not be interpreted as prohibiting any committee member from providing comments that express their professional opinions regarding an application being forwarded to the plan commission.

b.

This shall further not be interpreted as preventing the city engineer or representatives of other entities from establishing requirements for individual applications based on professional norms.

G.

Appeals. Any applicant or interested party may appeal the decision of the technical review committee to the plan commission.

1.

Relief from Specific Requirements. Applicants seeking relief from specific development standards or other requirements of the zoning ordinance that are unrelated to the committee's interpretation of the applicable requirements shall be required to obtain variance approval from the board of zoning appeals.

2.

Appeal Procedure. All appeals of determinations of the technical review committee shall meet the following requirements:

a.

The appealing party shall be required to provide the planning director with written notice of the appeal within thirty (30) days of the date of the committee decision.

b.

The planning director shall place the appeal on the agenda for the next appropriate plan commission meeting consistent with the adopted calendar of meeting and filing dates.

c.

The appealing party shall be required to provide public notice for the meeting, consistent with the provisions of Section 17.48.020.

d.

The plan commission shall consider the provisions of this title and all other documented, applicable standards in deciding the appeal.

H.

Consistency. In all cases, the application materials, including any drawings that are presented to the plan commission or provided to the planning director with an improvement location permit application following committee review shall be completely consistent with those that were approved by the TRC, with the exception of any corrections or revisions requested by the committee. Any application that is inconsistent with the version approved by the technical review committee shall be referred back to the TRC for review and comment.

(Ord. 04-09 § 2.4)

* Intent: The intent of the technical review committee is to provide a coordinated and thorough review of all development plans and to ensure that all applicable requirements are met. By establishing this body, applications can be reviewed by all necessary departments, local agencies, and utility providers at one meeting. Such review helps to identify issues early in the process, and eliminates the need for multiple meetings and individual correspondence between the applicant and each of these departments and agencies.
Note: The intent of including plan commission members on the technical review committee is to ensure continuity throughout the review process. The plan commission members' roles are not to supersede an area of expertise of other technical review committee members.

A.

Establishment and Membership. Pursuant to the IC 36-7-4-900 series, the Franklin common council establishes the city of Franklin advisory board of zoning appeals which shall conduct business consistent with all requirements of the Indiana Code and this title.

B.

Powers and Duties. The powers and duties of the city of Franklin board of zoning appeals with regard to this title are defined by Indiana Code, and are described in this section. These powers and duties are further described by the board of zoning appeals rules and procedures.

1.

Duties. Duties should be interpreted as activities that are obligations. Board of zoning appeals duties include:

a.

Meeting time: fix a reasonable time for the hearing of administrative appeals, special exceptions, and variances (IC 36-7-4-920);

b.

Minutes: keep minutes of its proceedings and record the vote on all actions taken, file all minutes and records in the office of the board, and make written findings of fact in all cases (IC 36-7-4-915);

c.

Rules and procedures: adopt rules concerning the filing of appeals, applications, public notice, the conduct of hearings, and the determination of whether a variance application is for a variance of use or for a variance from the development standards (IC 36-7-4-916(a));

d.

Publications: make adopted rules available to all applicants and other interested persons (IC 36-7-4-916(c));

e.

Variances: review, hear, and approve or deny all applications for variances from development standards (such as height, setback, or area) and variances of use (IC 36-7-4-918.4 and 36-7-4-918.5);

f.

Special exceptions: review, hear and approve or deny all applications for special exceptions (IC 36-7-4-918.2);

g.

Appeals: review, hear, and decide appeals of decisions made under this title or in the enforcement of this title by the plan commission director or other plan commission staff, committees, administrative boards, or any other bodies (except the plan commission) (IC 36-7-4-918.1); and

h.

Other duties: all additional duties as established by Indiana State Code.

2.

Powers. Powers should be interpreted as activities that are optional and may be initiated by the board. Board of zoning appeals powers include:

a.

Hearing officer: appoint a hearing officer (IC 36-7-4-923);

b.

Secretary: appoint a secretary and other employees as necessary for the discharge of board duties (IC 36-7-4-913); and

c.

Other powers: all additional powers as permitted by Indiana State Code.

C.

Rules and Procedures. The board of zoning appeals shall have sole authority to adopt any and all rules under Indiana Code Section 36-7-4-916 and any and all procedures concerning organization, selection of officers, forms for applications, filing requirements, procedures, notices and conduct of meetings, and public hearings.

D.

Filing. All applications for variances, special exceptions, and requests for administrative appeal shall be filed by the applicant with the planning director in the manner prescribed by the board.

E.

Communication with Board Members. No person (including applicants, remonstrators, and other interested parties) may communicate with any member of the board before the hearing with intent to influence the member's action on a matter pending before the board.

F.

Notice of Public Hearing. For all public hearings, notice shall be provided to the public consistent with the requirements of Section 17.48.020.

G.

Re-Filing of Denied Applications. No request for variance, special exception, or administrative appeal that has been denied may be re-filed for a period of one year from the date of the denial, unless changes have been made that address the reasons for denial.

H.

Re-Consideration of Applications. The applicant, remonstrators, or any other interested party may seek the reconsideration of any variance, special exception, or administrative appeal by submitting a written request to the planning director within thirty (30) days of the date of board action on the request. A variance, special exception, or administrative appeal may be reconsidered by the board of zoning appeals under the following procedure:

1.

Public Hearing. Upon receipt of the written request for reconsideration by the planning director the matter shall be placed on the board of zoning appeals agenda for a public hearing. At the public hearing the board shall only consider whether or not sufficient grounds for reconsideration are present, but shall not take any new action on the application. If sufficient grounds are present, the board shall place the application on the agenda for its next regularly scheduled meeting, at which time the application shall be reconsidered and subsequent action taken.

2.

Grounds for Reconsideration. At the public hearing the board shall determine whether or not the variance, special exception, or administrative appeal shall be reconsidered.

a.

The board may reconsider the application if a finding is made that the entity seeking the reconsideration is able to provide substantial new information or clarified facts that were not known or available at the initial hearing on the application and such new information or facts are directly related to the decision criteria established by this title.

b.

In no instance shall a reconsideration be granted to allow an applicant to modify their application.

3.

Time Limitation. In no case shall the board hear more than one request for reconsideration for any single application.

I.

Appeals. Every decision of the board of zoning appeals shall be subject to review by a court of jurisdiction (writ of certiorari) as prescribed by the IC 36-7-4-1000 series. All appeals shall be presented to a court of jurisdiction within thirty (30) days of the board's decision.

J.

Improvement Location Permit Required. If the board grants a special exception or variance, it shall direct the applicant to apply for an improvement location permit. If such application complies with all established requirements and this title, an improvement location permit for the execution of the approved variance or special exception shall be issued.

K.

Expiration of Approvals. A special exception or variance ceases to be authorized and is expired if the obtaining of an improvement location permit, or the execution of the approval has not been completed within one year of the date the variance or special exception is granted. The variance or special exception shall also expire if the approved construction has not been completed and approved by the planning director as being consistent with all written commitments or conditions, the requirements of this title, and all applicable permits within two years of the date the approval is granted.

L.

Termination. A variance or special exception may be terminated by the board of zoning appeals under the following procedure:

1.

Public Hearing. Upon determination by the planning director that possible grounds for termination exist, the matter shall be placed on the board of zoning appeals agenda for a public hearing. The planning director shall notify the applicant of the hearing via certified mail a minimum of ten (10) days prior to the hearing.

2.

Grounds for Termination. At the public hearing the variance or special exception shall be revoked if a finding is made by the board that one or more of the following is true:

a.

The execution of the approval is not consistent with any requirement of this title;

b.

The execution of the approval is not consistent with any condition of approval;

c.

The execution of the approval is not consistent with any written commitment; or

d.

The approved was the result of fraud or the misrepresentation of facts.

3.

Time Limitation. No special exception or variance may be reviewed by the board of zoning appeals for the same cause more than once in any one-year period.

(Ord. 04-09 § 2.5)

* See Also: Board of zoning appeals rules and procedures; Section 17.04.020(B), Jurisdiction; Section 17.48.020, Notice of Public Hearing; Indiana Code 36-7-4-900 series, Board of Zoning Appeals.