327 PROCEDURES Vesting 20 Chapter Franklin Zoning Ordinance Effective January 1, 2023 preclude local government enforcement of any development standard when: 1. The City obtains written consent by the owner/applicant; 2. The City determines in writing that compelling evidence exists that the development plan seriously threatens the public health, safety, or welfare of the community and the threat cannot be mitigated within a reasonable period of time by the applicant using the vested property rights; 3. The City determines in writing the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified on the development plan, and which if uncorrected would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable time period by the applicant using the vested rights; or 4. A development standard is required by federal or state law, rule, regulation, policy, corrective action, order or other type of governance that is required to be enforced by local governments, such as stormwater or FEMA requirements; or 5. A local government is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, order or other type of governance. B. A vested property right does not preclude, alter, or impair the authority of a local government to exercise its eminent domain powers provided by law.
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