Local ordinance objectives generally mirror objectives set forth in state statutes. For example, shoreland zoning protects the public interest in water quality, fish and wildlife resources, shore cover and natural beauty. Not Just Lack of Opposition - The fact that there is not objection to a variance from neighbors or area residents does not necessarily mean a variance would not harm the public interest. A local zoning board must consider the public at large and not just nearby property owners. Minimum Relief - Landowners who do qualify for a variance are to be granted only the minimum relief necessary for them to have reasonable use of their property.
Boards also have the authority to impose conditions on a variance to protect the public interest.
Examples of conditions for variances to shoreland standards including such as erosion control measures or vegetative screening. Applicants must prove their situation meets all three of these standards. However, municipalities can assist landowners and expedite the process by providing application forms that help landowners determine if they will qualify for a variance. Similarly, zoning officials and board members can ask applicants questions to help determine if the standards are met or if there is an alternative that would not require a variance. Any permits issued shall be consistent with the general purpose and intent of the district and ordinance and shall be based on such evidence as may be presented at the public hearing and consideration of the following factors in making its decision.