20 352 Chapter Appeal of Administrative Decision PROCEDURES Franklin Zoning Ordinance Effective January 13, 2026 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 final interpretations of the zoning map when there are disputed initial rulings of zoning map boundaries as they arise in the administration of the zoning regulations. C. 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 the application at a public meeting, hold a public hearing, and vote: A. To uphold or reverse the administrative decision for an appeal where it is alleged by the applicant that there is error in an administrative decision; B. To make a final interpretation on a disputed boundary of the zoning map. This decision shall be made within 120 days of the filing of an appeal. An applicant may consent to waive the deadline. An application is deemed to be approved if the Board of Zoning Appeals fails to approve, deny, or extend with consent the application within the required time period.
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