LD 991
pg. 2
Page 1 of 2 PUBLIC Law Chapter 244 LD 991 Title Page
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LR 1603
Item 1

 
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. A zoning ordinance also may
explicitly delegate to the municipal reviewing authority the
ability to approve development proposals that do not meet the
dimensional standards otherwise required, in order to promote
cluster development, to accommodate lots with insufficient
frontage or to provide for reduced setbacks for lots or buildings
made nonconforming by municipal zoning.__As long as the
development falls within the parameters of such an ordinance, the
approval is not considered the granting of a variance.__This
delegation of authority does not authorize the reduction of
dimensional standards required under the mandatory shoreland
zoning laws, Title 38, chapter 3, subchapter 1, article 2-B.


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