20 326 Chapter Vesting PROCEDURES Franklin Zoning Ordinance Effective July 1, 2024 extending the vested property right. D. The extension request shall specify a new expiration of the vesting period. E. If the extension is not granted, the vested rights will terminate at the end of the original vesting period. 20.19.4 Revision of Vested Plans and Retention of Vested Rights A. Recommendations and final action on a revision to a vested plan shall be based on consideration of the following criteria: 1. Whether the proposed revision is consistent with all standards of the Ordinance and other applicable development standards in effect on the original approval date of the vested plan; and 2. Whether the proposed development meets all the requirements or conditions of any other applicable development approvals, such as a development plan or associated modification of standards. B. If a governing review body approves a revision to a vested plan, the vesting right is retained. C. A revision to a vested plan may be denied based on the following as it is deemed to affect vesting: 1. Alters the proposed use; 2. Increases the overall area of development; 3. Alters the size of any nonresidential structures included in the development plan; 4. Increases the density of the development so as to affect traffic, noise or other environmental impacts; or 5. Increases any local government expenditure necessary to implement or sustain the proposed use. D. If a revision to a vested plan is denied based on written finding of any of the items listed in Clause 20.19.4.C.1 through 5 above, the applicant has the following two options: 1. Proceed under the prior approved plan with the associated vested rights; or 2. Allow the vested property rights to terminate and submit a new application under this Chapter. E. Notwithstanding this Subsection, a vested property right shall not terminate if the BOMA determines, in writing, that it is in the best interest of the community to allow the development to proceed under the plan without terminating the vested property right. 20.19.5 Violation of Conditions of Approval The approval of a vested plan shall be subject to any conditions established at the time of approval. Pursuant to T.C.A. § 13-4-310, if the established conditions of approval for a vested plan are not met, the applicant shall be allowed 90 days to cure the violation of any condition of approval; provided further, that the governing review body responsible for the vested plan approval may grant additional time to cure the violation, upon a written determination that it is in the best interest of the community. Thereafter, the violation of any such conditions shall cause the vested rights applicable to the vested plan to terminate. However, the governing review body may allow a property right to remain vested despite the occurrence of the violation when a written determination is made that such continuation is in the best interest of the community. 20.19.6 When Vesting Does Not Apply A. A vested development standard shall not
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