17 270 Chapter Floodplain Protection NATURAL RESOURCES Franklin Zoning Ordinance Effective January 1, 2023 the top of each stream bank, unless certification by a Tennessee registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the locality. 2. When a new flood hazard risk zone, and base flood elevation and floodway data is available, new construction and substantial improvements shall meet the standards established in accordance with Subsections 17.6.3, Administration, and 17.6.4, Provisions for Flood Hazard Reduction. 3. ONLY if Clauses 17.6.4.I.1 and 2 above are satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of Paragraphs 17.6.4.A, General Standards, and 17.6.4.B, Specific Standards 17.6.5 Appeals to the Board of Zoning Appeals A. Variance Procedures In the case of a request for a variance to a provision within this Section, the following shall apply: 1. The Board of Zoning Appeals (BZA) shall hear and decide appeals and requests for variances from the requirements of Section 17.6, Floodplain Protection, as specified in this Subsection; 2. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary deviation from the requirements of this Section to preserve the historic character and design of the structure; 3. In passing upon variance applications, the BZA shall consider all technical evaluations, all relevant factors, this Section, and: a. The danger that materials may be swept onto other property to the injury of others; b. The danger to life and property due to flooding or erosion; c. The susceptibility of the proposed facility and its contents to flood damage; d. The importance of the services provided by the proposed facility to the community; e. The necessity of the facility to a waterfront location, in the case of a functionally dependent use; f. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; g. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; h. The safety of access to the property in times of flood for ordinary and emergency vehicles; i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and j. The costs of providing governmental services during and
RkJQdWJsaXNoZXIy NTY1Mzc2