Introduction / Legal

This section contains basic content on legal information, powers and duties of the Town Council, Plan Commission, and Board of Zoning Appeals (BZA), as well as information regarding, penalties, procedures, and amendments. 

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Introduction 

Existing Code

AN ORDINANCE ESTABLISHING A ZONING PLAN FOR THE TOWN OF FRANKTON, INDIANA, TO CONSERVE THE VALUE OF PROPERTY AND TO ENSURE THAT ADEQUATE LIGHT, AIR, CONVENIENCE, OF ACCESS, AND SAFETY FROM FIRE AND OTHER DANGERS MAY BE SECURED; THAT CONGESTION IN THE PUBLIC STREETS MAY BE LESSENED OR AVOIDED; AND THAT THE PUBLIC HEALTH, SAFETY, CONVENIENCE, COMFORT, AND GENERAL WELFARE MAY BE PROMOTED IN A MANNER WHICH RECOGNIZES THE NEEDS OF INDUSTRY AND BUSINESS IN THE FUTURE GROWTH OF THE TOWN AND WHICH WILL ENCOURAGE THE DEVELOPMENT OF HEALTH SURROUNDINGS FOR FAMILY AND INDIVIDUAL LIFE IN RESIDENTIAL NEIGHBORHOODS, ALL IN ACCORDANCE WITH A MASTER PLAN DESIGNED TO ASSURE EFFICIENCY AND ECONOMY IN THE PROCESS OF DEVELOPMENT OF THE TOWN AND ITS ENVIRONS AND FOR THE PURPOSE OF: 
  1. Classifying, regulating and limiting the height, area, bulk and use of buildings and premises hereafter to be erected. 
  2. Regulating and determining the area of front, rear and side yards and other spaces about buildings.
  3. Regulating and determining the use and intensity of the use of land and lot areas.
  4. Classifying, regulating and restricting the location of, dwellings, industries, commercial enterprises and the location of building designs for specified uses. 
  5. Dividing the town into districts of such kind, character, number, shape as may be deemed necessary to carry out the purposes of this ordinance. 
AND FURTHERMORE PROVIDING FOR ITS ADMINISTRATION; CREATING A BOARD OF ZONING APPEALS AND PROVIDING FOR REVIEW OF THE DECISIONS OF SUCH BOARD BY THE COURT. 

Proposed Changes

Introduction 
This Unified Development Code shall serve to guide future development in accordance to the goals and objectives outlined in the Town of Frankton’s Comprehensive Plan. Specifically, its primary purpose is to protect the general health, safety, and welfare of residents. The regulations and standards of the Code are meant to create stability within zoning districts, such that each zoning district allows a predictable range of compatible uses and building types. 

Additionally, this Code will provide the Town of Frankton with the framework to guide developments and investments, enhance and protect the character and identity of the community, strengthen retail districts and the downtown core, and promote job growth and economic stability.  

Basic Provisions
Purpose 
This Ordinance is intended to guide the growth and development of the Town in accordance with the Town of Frankton Comprehensive Plan and for the following purposes:
  1. To secure adequate light, air, and convenience of access; and safety from fire, flood, and other dangers. 
  2. To promote the public health, safety, comfort, convenience, morals, and general welfare. 
  3. To plan for the future development of the Town to the end:
    1. that the community grows only with adequate public ways, utilities, health, education, and recreation facilities;
    2. that the needs of agriculture, industry, and business be recognized for future growth;
    3. that the residential areas provide healthful surroundings for family life; 
    4. that the growth of the community is commensurate with and promotes the efficient and economical use of public funds; and 
    5. that the community strives for high aesthetic value and quality planning and design.
Full "Basic Provisions" Section

Administration (Powers, duties, etc.)

Existing Code

ARTICLE 1 
ADMINISTRATIVE BODIES AND THEIR RESPONSIBILITIES

Section 101 
Duties of Building Inspector 
For the purpose of this ordinance the Building Inspector shall have the following duties: 
  1. Upon finding that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for- such violation(s), ordering the action necessary to correct such violation(s), ordering the action necessary to correct such violation: 
  2. Order discontinuance of illegal uses of land, buildings, or structures;
  3. Order removal of illegal buildings or structures or illegal additions or structural alterations; 
  4. Order discontinuance of any illegal work being done; or
  5. Take any other action authorized by this ordinance to ensure compliance with or to prevent violation(s) of this ordinance. This may include the issuance of and action on zoning permits and certificate of occupancy permits and such similar administrative duties are permissible under the law. 
Section 103 
Duties of Planning and (Zoning) Commission. 
For the purpose of this ordinance the Commission shall have the following duties: 
  1. Review all proposed amendments to this ordinance and make recommendations to the Town Board of Trustees.
  2. To authorize such variances from the terms of this ordinance as will not be contrary to the public interest where owing to the special conditions, a literal enforcement of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.
  3. To authorize the issuance of a zoning permit for planned unit developments or mobile home parks if the Commission finds the proposed planned unit development or mobile home park is consistent with the intent of this ordinance. 
Section 105
Duties of the Board of Zoning Appeals
In exercising its duties, the Board my, as long as such action is in conformity with the terms of this ordinance, reverse of affirm wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Building Inspector from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector, to decide in favor of the applicant on any matter which it is required to pass under this ordinance or to effect any variation in the application of this ordinance. For the purpose of this ordinance, the Board has the following specific responsibilities:
  1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Building Inspector: 
  2. To grant conditional zoning permits as specified in the Official Schedule of District Regulations and such additional safeguards as will uphold the intent of this ordinance. 
Full 1975 Zoning Ordinance

Proposed Changes

ADMINISTRATION

Administrative Officer
The Frankton, Indiana Zoning Administrator, including his/her designee(s), will have the principal responsibility for administration and enforcing and/or coordination of the enforcement of this Ordinance. The duties of the Zoning Administrator, or his/her designee shall include, but not be limited to:
  1. Reviewing, approving, or disapproving all Improvement Location Permits and keeping permanent records of applications made and actions taken;
  2. Conducting inspections of structures and properties to determine compliance with the requirements of this Ordinance and all approvals granted by the Plan Commission and Board of Zoning Appeals;
  3. Maintaining permanent and current records documenting the application of this Ordinance including, but not limited to, all maps, amendments, special uses, variances, and appeals;
  4. Receiving, processing, and referring to the Plan Commission all amendment applications;
  5. Receiving, processing, and referring to the Board of Zoning Appeals all appeals, variances, special uses, and other matters upon which it is authorized to act under this Ordinance and Indiana State Code.
  6. Provide all such clerical and technical assistance as may be required by the Board of Zoning Appeals, Plan Commission, Town Council, or other body in the execution of its duties as established by this Ordinance and Indiana State Code.
Summary of Powers and Duties of the Plan Commission
The powers and duties of the Plan Commission are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.
  1. Plan Commission duties include:
    1. Adopt and maintain a Town Council approved comprehensive plan, zoning ordinance, and subdivision control ordinance as authorized under Indiana State Law;
    2. Adopt and maintain rules and procedures for holding meetings, holding public hearings, and administrating and enforcing the comprehensive plan, zoning ordinance, and subdivision control ordinance;
    3. Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission;
    4. Record and file bonds and contracts for development and land use activities;
    5. Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission;
    6. Adopt and maintain a permitting process and seal used to certify official or approved documents;
    7. Certify and submit recommendations to the Town Council including new versions of, and revisions to the comprehensive plan, zoning ordinance, subdivision control ordinance, and Official Zoning Map;
    8. Certify and submit recommendations to the Town Council for adopting a Planned Unit Development District;
    9. Maintain monetary and fiscal records of the Plan Commission;
    10. Prepare and submit an annual budget to the Town Council;
    11. Approve or deny preliminary plats, re-plats, and the vacation of plats of subdivisions;
    12. Assign street numbers to new lots and structures, renumber lots and structures, assign street names, and approve or deny proposed street names in new developments;
    13. Establish and maintain a Town Council approved fee schedule that assigns a fee to permits, processes, and official actions of the Plan Commission in order to defray the administrative costs of such duties and powers;
    14. Enforce regulations and procedures of the comprehensive plan, zoning ordinance, and subdivision control ordinance to the extent of local resolutions, ordinances, and State of Indiana Law; and
    15. Grant or deny requests for waivers of the requirements of the subdivision control ordinance; and
    16. All additional duties as permitted by Indiana State Code.
       
  2. Plan Commission powers include:
    1. Hire, remove, and determine job descriptions for support staff to the Plan Commission;
    2. Determine the compensation for support staff and Plan Commission members as provided within the annual budget of the Plan Commission;
    3. Establish advisory committees as necessary, made up of county officials and the general public;
    4. Establish an executive committee;
    5. Seek funding assistance through grant programs as necessary;
    6. Distribute copies or summaries of the comprehensive plan, zoning ordinance, or subdivision control ordinance to the general public and development community; and
    7. All additional powers as permitted by Indiana State Code.

Summary of Powers and Duties of the Board of Zoning Appeals
The powers and duties of the Board of Zoning Appeals are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated. The powers, duties, rules, and procedures are further described in Section XX of this Ordinance.
  1. Board of Zoning Appeals duties include;
    1. Review and hear appeals of decisions made under this Ordinance or in the enforcement of this Ordinance by the Building Inspector or other Plan Commission staff, committees or administrative boards or any other body except the Plan Commission;
    2. Review, hear, and approve or deny all petitions for special uses based on the provisions of this Ordinance and Indiana State Code;
    3. Review, hear, and approve or deny all petitions for variances from development standards (such as height, bulk, or area) based on the provisions of this Ordinance and Indiana State Code; and
    4. All additional duties as permitted by Indiana State Code.
  2. Board of Zoning Appeals powers include any powers as permitted by Indiana State Code.

Full "Administration" Section

Additional Introduction / Legal Sections

Zoning Map 

This section includes information on map revisions, standards, and amendments.

Nonconforming Structures, Lots, & Uses

This section includes information on illegal and legal nonconforming uses, signs, and structures. 

Board of Zoning Appeals (BZA)

This section includes information on the establishment and rules and procedures for the BZA. 

Processes, Permits, & Fees

This section includes information on the Fee Schedule, outlines the process for variances, and outlines the zoning amendment process.

Enforcement & Penalties

This section outlines the process and fee structure for violations to the zoning code. 

Definitions

This section includes a glossary of defined words and is critical to the interpretation of the zoning code.