Franklin Zoning Ordinance

20 320 Chapter Vesting PROCEDURES Franklin Zoning Ordinance Effective December 30, 2019 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 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.