01 12 Chapter Transitional Rules INTRODUCTORY PROVISIONS Franklin Zoning Ordinance Effective January 1, 2023 1.2 Transitional Rules The following transitional rules will resolve the status of properties with pending or approved applications at the time of adoption of this Ordinance: 1.2.1 Pending Applications All applications submitted on or after January 1, 2023 shall comply with this Ordinance, including applications submitted for the March 23, 2023 FMPC or administrative agenda. An applicant with a pending application may waive review under prior ordinances through a written letter to the Department of Planning and Sustainability and request review and vesting under the provisions of this Ordinance. 1.2.2 Approved Plans Approved development plans, site plans, variances, certificates of appropriateness, grading permits, tree removal permits, or building permits that are valid on the effective date of this Ordinance shall remain valid until their expiration date, where applicable. Plans approved under prior ordinances, such as concept plans, regulating plans, and conservation plans that are valid on the effective date of this Ordinance shall also remain valid until their expiration date, where applicable. 1.2.3 Vested Plans The specific plans listed below that are approved by the applicable review body on or after January 1, 2015, cause a vested property right to be established per T.C.A. § 13-4-310: A. Development plan; B. Preliminary plat; or C. Site plan that is not associated with an approved development plan or preliminary plat. Such plans are further regulated by Section 20.19, Vesting. 1.2.4 Amendments or Revisions Amendments or revisions to previouslyapproved plans shall comply with this Ordinance, unless the original approval is considered to be vested, per Subsection 1.2.3, Vested Plans. 1.2.5 Re-Application of Expired Plans Any re-application following the expiration of an approved plan shall be subject to the Ordinance in effect on the date the application is resubmitted. 1.2.6 Permits for Certain Short-Term Vacation Rental Properties Where an applicant can show that earnest money has been exchanged or a contract executed by the buyer and the seller for the purchase of property intended to be used as a short-term vacation rental prior to midnight on December 10, 2019, an applicant may submit an application for a short-term vacation rental permit under the regulations in effect immediately prior to the adoption of this Ordinance.
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