Franklin Zoning Ordinance

263 NATURAL RESOURCES Floodplain Protection 17 Chapter Franklin Zoning Ordinance Effective December 30, 2019 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 for may be issued for the repair or rehabilitation of historic structures upon a determination that theproposed repair or rehabilitationwill 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 after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges. 4. Upon consideration of the factors listed above, and the purposes of this Section, the BZA may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this Section. 5. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. B. Conditions for Variances 1. Variances shall be issued only upon a determination that the variance is the minimum relief necessary, considering the flood hazard and the factors listed in Paragraph 17.6.5.A. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional h ardship; or c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense,