20 312 Chapter Variance PROCEDURES Franklin Zoning Ordinance Effective January 1, 2022 20.10 Variance 20.10.1 Purpose A. The purpose of a variance is to: 1. Provide limited relief from the requirements of this Ordinance in cases where strict application of a particular requirement would create an unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance; and 2. Address extraordinary, exceptional, or unique situations that were not caused by the applicant’s act or omission. B. Variances are not intended merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose of property owners in general. 20.10.2 Applicability Variances shall comply with the specific review procedures in this Section. 20.10.3 Pre-Application Requirements The applicant shall meet with the Department of Planning and Sustainability prior to submittal of the application to review the variance request and the zoning requirements. 20.10.4 Application Submittal A variance application shall be submitted in accordance with Section 20.2, Common Review Procedures. 20.10.5 Staff Review In accordance with the submittal schedule posted on the City website, the Department of Planning and Sustainability shall: A. Review the application and coordinate with any other affected departments; and B. Prepare the final review and make a recommendation to the BZA. 20.10.6 BZA Final Action The BZA shall review the variance application at a public meeting, hold a public hearing, and vote for: A. Approval; B. Approval with conditions; C. Disapproval; or D. Deferral for continued review of the application. 20.10.7 Approval Criteria A. The BZA may authorize a variance only in accordance with the following criteria: 1. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this Ordinance or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition, such piece of property is not able to accommodate development as required under this Ordinance; 2. The strict application of any provision enacted under this Ordinance would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property; and 3. Such relief may be granted without substantial detriment to the public good and without substantially impairing the purpose and intent of the zoning map and this Ordinance. B. Variance requests for property subject to Section 17.6, Floodplain Protection, shall comply with Subsection 17.6.5, Appeals to the Board of Zoning Appeals.
RkJQdWJsaXNoZXIy NTY1Mzc2