Maine Legislature, Session 122, LD 0991
Committee Amendment CA_A_S174 (Senate)

COMMITTEE AMENDMENT ,A" to s. P . 
Act To Restore Municipal Authority To 
Flexible Standards" 
331, L.D. 991, Bill, "An 
Review Development Using 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. I. 30·A MRSA §4301, sub·§I.A is enacted to read: 
I-A. 
Cluster development. 
"Cluster deveJ.opment" means 
a 
form of development that allows a subdivision design in which 
individual lot sizes and setbacks are reduced in exchange for the 
creation 
of 
common 
open 
space 
and 
recreation 
areas r 
the 
preservation of environmentally sensitive areas, agriculture and 
silviculture and the reduction in the size of road and utility 
systems. 
Sec. 2. 30·A MRSA §4353, sub·§4·C, as enacted by PL 1997, c. 
148, §2, is amended 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: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~ to S.P. 331, L.D. 991 
A. 
The 
need 
for 
a 
variance 
circumstances 
of 
the 
property 
condition of the neighborhood; 
is 
and 
due 
not 
to 
to 
the 
the 
unique 
general 
B. 
The 
granting 
of 
a 
variance 
undesirable change in the character 
will not unreasonably detrimentally 
value of abutting properties; 
will 
not 
produce 
an 
of the neighborhood and 
affect the use or market 
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 
prov~s~ons 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 
abili ty to approve development proposals that do not meet the 
dimensional standards otherwise required, in order to promote 
cluster 
deyelopment, 
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.' 
COMMITTEE AMENDMENT 
~\Jj~" 
COMMITTEE AMENDMENT .~. to S.P. 331, L.D. 991 
SUMMARY 
This amendment strikes and replaces the bill and defines 
"cluster 
development" 
as development in which individual lot 
sizes and setbacks may be reduced in exchange for areas of common 
space and recreation and environmental purposes. 
The amendment 
also allows 
a 
zoning ordinance to delegate to the municipal 
reviewing authority the ability to approve development proposals 
that 
do 
not meet dimensional 
standards in order to 
promote 
cluster development, accommodate lots with insufficient frontage 
or provide for reduced setbacks for lots or buildings. 
The 
amendment specifies that the delegation of authority does not 
authorize 
the 
reduction 
of 
shoreland 
zoning 
dimensional 
requirements. 
COMMITTEE AMENDMENT