11 INTRODUCTORY PROVISIONS Legal Provisions 01 Chapter Franklin Zoning Ordinance Effective January 1, 2023 communicate its reasons to the BOMA, which by a vote of a majority of its membership, shall have the power to overrule such disapproval and, upon such overruling, the BOMA shall have the power to proceed. If the public way, ground, place, space, building, structure or utility is one the authorization or financing of which does not, under the law governing the same, fall within the province of the BOMA, then the submission to the FMPC shall be by the State, County, District, City, or other Board or official having such jurisdiction, and the FMPC’s disapproval may be overruled by the chief legislative body by a majority vote of its membership, or by such official. The widening, narrowing, relocation, vacation, change in the use, acceptance, acquisition, sale or lease of any street or public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the FMPC to act within 30 days from and after the date of official submission to it shall be deemed approval, unless a longer period is granted by the BOMA or other submitting board or official. The date of official submission shall be the date at which the FMPC first considers the item. 1.1.12 Continuation of Violations Any violation of previous versions of this Ordinance shall continue to be a violation under this Ordinance and shall be subject to the penalties and enforcement set forth in Chapter 22: Enforcement, unless the applicable use, development, improvement, construction, or activity complies with the provisions of this Ordinance. Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this Ordinance. 1.1.13 Nonconformities Any use, building, structure, development, improvement, or lot that legally existed on the effective date of this Ordinance that does not meet all provisions set forth in this Ordinance shall be considered nonconforming and shall be controlled by Chapter 2, Nonconformities. 1.1.14 Severability It is expressly declared that this Ordinance and each Chapter, Section, Subsection, sentence, phrase, and all other content, is adopted and enforceable regardless of whether one or more other portions of this Ordinance are judged invalid or unconstitutional by a court of competent jurisdiction. Such judgment shall not affect: A. The validity and continued enforcement of any other provision of this Ordinance; B. The application of this Ordinance to any other building, structure, development, improvement, lot, land, or situation not specifically included in that judgment; or C. Any other conditions or requirements attached to the same approval that are not specifically included in that judgment. Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission, or board considered such condition or limitation necessary to carry out the spirit and intent of this Ordinance and believed that the condition or limitation was lawful.
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