Appeals of Administrative Decisions are considered when an applicant believes there was an error by any administrative official in carrying out or enforcing any provision in the Zoning Ordinance.  Appeals are also used for interpretations of the zoning map boundaries.  

Appeals of Administrative Decisions are reviewed and approved by the BZA.  For certain standards in the Zoning Ordinance where the Departmental Review Team has the authority to make the decision, the applicant instead appeals the decision to the FMPC.

Step 1: Preliminary Meeting (Optional)

A preliminary meeting with staff prior to the application submittal is not required, but helpful for many applicants. To set up a meeting, contact a Planner in the Department of Planning and Sustainability.

Step 2: Appeal of Administrative Decision Application Submittal

The application must be filed with the Department of Planning and Sustainability. The application must be submitted according to the Submittal Schedule through our Online Application Portal within 30 days of the date of the order, decision, determination, or interpretation by the administrative official.

At least 15 days prior to the BZA meeting, the applicant mails notification letters to surrounding property owners within a 500-foot buffer using a Public Notice Letter and addresses that are provided by staff.  The applicant then submits a notarized Public Notice Affidavit after the application has been submitted. Failure to send notification letters or to provide proof of notification shall result in an automatic removal of the item from the BZA Agenda for failure to meet Section 2.3.8(4)(a) of the Franklin Zoning Ordinance.  See the Fee Schedule of Application Submittals. 

Step 3: Forwarding the Record to BZA

The record of the appeal is forwarded to the BZA for review and determination whether to uphold the administrative official’s order, decision, determination, or interpretation.

Step 4: BZA Final Action

The BZA reviews and takes final action.  The order, decision, determination, or interpretation will 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 the Zoning Ordinance.

Step 5: Subsequent Applications (If Applicable)

Based on the action taken by the BZA, the applicant may either: (1) proceed under the original staff order, decision, determination, or interpretation; or (2) request a new staff determination based on the BZA findings.