RESOLUTION BY THE FRANKLIN COUNTY BOARD OF COMMISSIONERS FOR A MORATORIUM BARRING THE ACCEPTANCE OF APPLICATIONS FOR CONDITIONAL USE PERMITS FOR LARGE INDUSTRIAL USES PURSUANT TO THE ZONING REGULATIONS OF FRANKLIN COUNTY, GEORGIA
A RESOLUTION BY THE FRANKLIN COUNTY BOARD OF COMMISSIONERS FOR A MORATORIUM BARRING THE ACCEPTANCE OF APPLICATIONS FOR CONDITIONAL USE PERMITS FOR LARGE INDUSTRIAL USES PURSUANT TO THE ZONING REGULATIONS OF FRANKLIN COUNTY, GEORGIA
WHEREAS, the Zoning Regulations of Franklin County, Georgia (the “Ordinance”) was adopted on or about April 4 2005; and
WHEREAS, the Franklin County Board of Commissioners desires to take steps to ensure the uniformity and enforceability of the Ordinance, and all regulations and guidelines governing the issuance of Conditional Use Permits for large industrial uses proposed in Agriculture and/or Commercial zoning districts in Franklin County; and
WHEREAS, proposed revisions to the Zoning Regulations of Franklin County, Georgia pertaining to the issuance of Conditional Use Permits for large industrial uses proposed in Agriculture and/or Commercial zoning districts are currently being drafted and considered by the Franklin County Planning Commission for recommendation of consideration and adoption by the Board of Commissioners; and
WHEREAS, such proposed revisions are necessary to harmonize the rights of private property use with the desired character of Franklin County and the health, safety, and welfare of its citizens; and
WHEREAS, such proposed revisions are necessary to regulate the location and operation of large industrial uses proposed in Agriculture and/or Commercial zoning districts within the jurisdiction of Franklin County; and
WHEREAS, such revisions are necessary to restrict the location, relocation and erection of large industrial uses proposed in Agriculture and/or Commercial zoning districts to certain specified areas and under certain conditions and applying certain standards as allowed by law; and
WHEREAS, a moratorium on the acceptance of applications and the issuance of Conditional Use Permits is reasonably calculated to allow certain revised provisions of the Zoning Regulations of Franklin County, Georgia to be created, implemented, and adopted; and
WHEREAS, a moratorium on the acceptance of applications and the issuance of Conditional Use Permits for the location, relocation, and erection of large industrial uses proposed in Agriculture and/or Commercial zoning districts is within the limits of necessity and is the least restrictive means available in the exercise of Franklin County’s police power for the legitimate public purpose of addressing the regulations and restrictions governing large industrial uses in Franklin County, as well as for the legitimate public purpose of maintaining the status quo pending approval and adoption of a revised Ordinance by the Franklin County Board of Commissioners.
NOW THEREFORE, BE IT RESOLVED BY THE FRANKLIN COUNTY BOARD OF COMMISSIONERS that a moratorium is imposed through and including June 30, 2021, with said moratorium being effective immediately, such that no applications for Conditional Use Permits for the location, relocation, or erection of large industrial uses proposed in Agriculture and/or Commercial zoning districts shall be accepted and no such permits shall otherwise be granted during the term of this moratorium, the health, safety, and welfare of the citizens of Franklin County demanding it.
BE IT FURTHER RESOLVED that it is the express intent of the Franklin County Board of Commissioners that this Resolution be consistent with both federal and State law. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the Resolution which shall be given effect without the invalid provision or application, and to this end the invalid provisions of this Resolution are declared, and shall be and remain, severable.
SO RESOLVED AND ADOPTED, this 6th day of April, 2021.