CHAPTER 148
H.P. 786 - L.D. 1074
An Act to Establish Practical Difficulty Standards for a Variance from the Dimensional Standards of a Municipal Zoning Ordinance
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4353, sub-§4, as amended by PL 1991, c. 659, §1, is further amended to read:
4. Variance. Except as provided in subsections 4-A and, 4-B and 4-C, the board may grant a variance only when strict application of the ordinance to the petitioner and the petitioner's property would cause undue hardship. The term "undue hardship" as used in this subsection means:
A. The land in question can not yield a reasonable return unless a variance is granted;
B. The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
C. The granting of a variance will not alter the essential character of the locality; and
D. The hardship is not the result of action taken by the applicant or a prior owner.
Under its home rule authority, a municipality may, in a zoning ordinance, adopt additional limitations on the granting of a variance, including, but not limited to, a provision that a variance may be granted only for a use permitted in a particular zone.
Sec. 2. 30-A MRSA §4353, sub-§4-C is enacted to read:
4-C. Variance from dimensional standards. A municipality may adopt an ordinance that permits the board to grant a variance from the dimensional standards of a zoning ordinance when strict application of the ordinance to the petitioner and the petitioner's property would cause a practical difficulty and when the following conditions exist:
A. The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;
B. The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;
C. The practical difficulty is not the result of action taken by the petitioner or a prior owner;
D. No other feasible alternative to a variance is available to the petitioner;
E. The granting of a variance will not unreasonably adversely affect the natural environment; and
F. The property is not located in whole or in part within shoreland areas as described in Title 38, section 435.
As used in this subsection, "dimensional standards" means and is limited to ordinance provisions relating to lot area, lot coverage, frontage and setback requirements.
As used in this subsection, "practical difficulty" means that the strict application of the ordinance to the property precludes the ability of the petitioner to pursue a use permitted in the zoning district in which the property is located and results in significant economic injury to the petitioner.
Under its home rule authority, a municipality may, in an ordinance adopted pursuant to this subsection, adopt additional limitations on the granting of a variance from the dimensional standards of a zoning ordinance.
See title page for effective date.
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