Franklin Zoning Ordinance

20 316 Chapter Appeal of Administrative Decision PROCEDURES Franklin Zoning Ordinance Effective December 30, 2019 extension may be granted by the Department of Building and Neighborhood Services if the applicant can show good cause. 20.18 Appeal of Administrative Decision 20.18.1 Purpose The purpose of an appeal of administrative decision is to provide a process: A. Where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or refusal made by any administrative official in carrying out or enforcing any provision of this Ordinance; and B. For interpretations of the zoning map when there are disputed questions of lot lines or district boundary lines as they arise in the administration of the zoning regulations. This Section establishes the specific review procedures for appeals of administrative decision. 20.18.2 Applicability A. For certain standards in this Ordinance, the DRT has the expressed authority to make a determination of whether and to what extent to apply a standard. If an applicant disagrees with a DRT decision, the applicant may appeal the decision to the FMPC. B. All other appeals of administrative decisions shall comply with the specific procedures in this Section. 20.18.3 Application Submittal An appeal shall be made in accordance with Section 20.2, Common Review Requirements, except as varied below: A. Appeals shall be initiated by the person aggrieved or affected by the order, decision, determination, or interpretation made by the administrative official. B. A written appeal shall be filed with the Department of Planning and Sustainability within 30 days of the date of the order, decision, determination, or interpretation. 20.18.4 Forwarding of the Record to the BZA Upon receiving the written appeal, the Department of Planning and Sustainability shall gather and transmit to the BZA the record of the appeal, which includes the written appeal and all papers, documents, and other materials relating to the order, decision, determination, or interpretation. 20.18.5 BZA Final Action The BZA shall review and make a decision on the appeal in accordance with this Ordinance, State law, and the BZA bylaws. 20.18.6 Review Criteria An order, decision, determination, or interpretation shall not be reversed or modified, unless there is competent, material, and substantial evidence in the record that it fails to comply with either the procedural or substantive requirements of this Ordinance and State law. 20.18.7 Conditions The BZA may impose conditions upon an affirmative decision to ensure that the requirementsandpurposeof thisOrdinanceare followed in the order, decision, determination, or interpretation.