Franklin Zoning Ordinance

67 OVERLAY ZONING DISTRICTS FFO—Floodway Fringe Overlay District 04 Chapter Franklin Zoning Ordinance Effective December 8, 2020 4.3.4 Permitted Encroachments The following encroachments are the only encroachments permitted in the FFO, subject to Section 17.6, Floodplain Protection, and the Stormwater Management Ordinance: A. Public and private infrastructure; B. Walls and open fencing, such as horse board fencing, wrought iron/aluminum fencing, flap gate systems, or wire fencing in the AG district, all subject to NFIP requirements; C. Floodplain alteration; D. Event tents, subject to Section 5.3, Temporary Uses and Structures; and E. Parking structures, subject to the following: 1. Parking structures constructed and elevated on support piers shall be constructed with a minimum of seven feet of clearance from the ground level to the bottom of the first level of the parking structure to allow for the maintenance and access of equipment below the elevated parking structure. The DRT may approve an alternative minimum clearance if the DRT finds that such alternative clearance meets the intent of the requirements of this Section and the Stormwater Management Ordinance . In making the determination, the DRT may consider any site-specific design constraints, floodplain standards, stormwater management requirements, and other natural or man-made elements which could impact a proposal’s conformance to these standards. 2. If parking is provided at ground level (at- grade), the minimum clearance must meet all applicable building codes . 3. Basement or belowground level (grade) parking shall be prohibited. 4.3.5 Uses and Structures Established Prior to The Date of Adoption There exist uses and structures within the FFO that were lawfully established before this Ordinance was adopted or amended, that now do not conform to its terms and requirements. These uses and structures may continue pursuant to Section 17.6, Floodplain Protection, and the following: A. Industrial, commercial, or other business uses may continue pursuant to Chapter 2, Nonconformities; however, a legally- nonconforming use may be changed to another use in the same use classification permitted in the underlying zoning district, so long as the use is not a residential use, does not involve overnight stay , and does not have outdoor storage; B. Residential uses may continue; C. Historic structures within the HPO are exempt from Chapter 2, Nonconformities, and may be used in accordance with the permitted uses in the underlying zoning district. Historic structures may be expanded, altered, or subjected to major repair, subject to Section 20.11, Certificate of Appropriateness; D. Non-historic residential structures and accessory structures may be expanded, altered, subjected to major repair, or re- constructed. New accessory structures may be constructed; and E. Accessory structures shall: 1. Be permitted only for the purposes of storage and vehicle parking; 2. Be designed to have low flood damage potential; 3. Be constructed and placed on the site to achieve the minimum resistance to the flow of floodwaters; 4. Be firmly anchored to prevent flotation,