PURPOSE

  1. To allow a deviation from certain dimensional standards in this Code only when strict application of the Ordinance to the applicant or applicant’s property would cause undue hardship.

APPLICABILITY

  1. In accordance with Title 30-A SS.4353(4), an Undue Hardship Variance may not be granted for uses.
  2. In accordance with Title 30-A SS.4353(4-C), a Practical Difficulty variance of the following dimensional standards may be granted: lot area, lot coverage, frontage, and setback requirements, and may not be granted for uses.
  3. In accordance with Title 30-A SS.4353.4-a Disability Variance, a variance may be granted for the installation of equipment or construction of structures necessary for access to or egress from a dwelling by a person with a disability, or the construction of non-commercial vehicle storage.

GENERAL

  1. No Zoning Permit may be issued for development that requests a variance until the review process for a variance has been completed in accordance with the standards of this Article.

AUTHORITY

  1. The Board of Appeals reviews and decides all applications for a zoning variance.

PROCEDURE

  1. Within 30 days after receiving a completed application for a Zoning Permit that requires a variance, the Board of Appeals must review the application and hold a public hearing.
  2. Within 45 days of the closing of the public hearing, the Board of Appeals must make a decision to approve, approve with conditions, deny, or grant withdrawal of the application for a variance and issue a certificate to the applicant stating the following:
    1. Current property owner and identifying the property by reference to the last recorded deed in its chain of title.
    2. What the variance has been granted for, including any conditions on the variance.
    3. Date of decision.
  3. Within 90 days of issuance of a certificate, the applicant must file a copy of the decision with the [NAME OF COUNTY] Registry of Deeds.

APPROVAL STANDARDS

  1. The granting of a variance is based upon demonstrated need, not convenience, and when no other feasible alternative is available.
  2. In addition to the Disability Variance in Title 30-A SS.4353.4-a, the Board of Appeals may only grant two types of Variance:
    1. Undue Hardship Variance; and
    2. Practical Difficulty Variance.
  3. The Board may grant an Undue Hardship Variance when it finds that all of the following conditions exist:
    1. The land in question cannot yield a reasonable return unless a variance is granted;
    2. The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
    3. The granting of a variance will not alter the essential development pattern of the locality; and
    4. The hardship is not the result of action taken by the applicant or a prior owner.
  4. The Board may grant a Practical Difficulty Variance when it finds that all of the following conditions exist:
    1. The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;
    2. The granting of a variance will not produce an undesirable change in characteristics of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;
    3. The practical difficulty is not the result of action taken by the petitioner or a prior owner;
    4. No other feasible alternative to a variance is available to the petitioner;
    5. The granting of a variance will not unreasonably adversely affect the natural environment;
    6. The property is not located in whole or in part within shoreland areas as described in Title 38, Section 435.; and,
    7. Desirable relief could be granted without causing substantial detriment to the public good and without nullifying or substantially derogating from the purpose and purpose of a specific district in this Code or the Ordinance in general.

CONDITIONS