An Act To Amend the Laws Governing the Granting of a Variance from the Dimensional Standards of a Zoning Ordinance
Maine Legislature, Session 128, LD 1082
Committee: State and Local Government
Sponsors: CAMPBELL, CUSHING, FECTEAU, TUELL, CARSON, DESCHAMBAULT, GRATWICK
Amends: 30-A MRSA §4353

Legislative Document
No. 1082
H.P. 760
House of Representatives, March 21, 2017
An Act To Amend the Laws Governing the Granting of a Variance 
from the Dimensional Standards of a Zoning Ordinance
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Senator CUSHING of Penobscot and
Representatives: FECTEAU of Biddeford, TUELL of East Machias, Senators: CARSON of 
Cumberland, DESCHAMBAULT of York, GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §4353, sub-§4-C, as amended by PL 2005, c. 244, §2, is 
further 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 Except as provided in this 
subsection, the board of appeals may grant a variance from the dimensional standards of a 
zoning ordinance when the following conditions exist: 
A.  The need for a variance is due to the unique circumstances of the property and not 
to the or the variance is consistent with 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; and 
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, impervious surface space, open 
space ratios, yard and setback requirements. 
The provisions of this subsection do not authorize the reduction of dimensional standards 
required by the mandatory shoreland zoning laws in Title 38, chapter 3, subchapter 1, 
article 2-B. 
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 after January 1, 2018, 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. 
SUMMARY 
This bill provides a municipal board of appeals the authority to grant a variance from 
the municipality's dimensional standards if the variance is consistent with the general 
condition of the neighborhood and removes the requirement that the variance cause a 
practical difficulty.  This bill also includes impervious surface space, open space ratios 
and yard and setback requirements in the meaning of dimensional standards.