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MapLink™ |  Procedures | Practical Difficulty Variance

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Practical Difficulty Variance
The Board may grant a variance from the dimensional standards of the 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:
 
a. The need for a variance is due to the unique circumstances of the property and not to 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;

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.