Maine § 963. - Variance from performance standards
Full text of Maine Maine Revised Statutes § 963. — Variance from performance standards, with citation guidance and answers to common questions.
§ 963.. Variance from performance standards
1. Variance. A relaxation of the performance standards enacted by this chapter or adopted pursuant thereto may be granted by the commission, after notice and public hearing, upon a finding by the commission that the following provisions are met:
A. Application of the performance standard to the land or water area in question will result in undue hardship to the applicant, except that hardship may not be construed to include hardship:
(2) That is not unique to the petitioner's land; [PL 2023, c. 405, Pt. A, §140 (AMD).]
B. The variance, if granted, will not subvert the intent of this chapter as stated in section 951 or as manifested in the standards from which a variance is sought; and [PL 1979, c. 459, §1 (NEW).]
C. The proposed use, if a variance is granted, will not unreasonably interfere with the use and enjoyment of their lands by adjacent landowners, or result in any unreasonable:
(2) Harmful alteration of wetlands;
(3) Increase in erosion or sedimentation;
(4) Danger of increased flood damage;
(5) Obstruction of flood flow;
(6) Damage to fish and wildlife habitat;
(7) Despoliation of the scenic, rural and open space character of the corridor;
(8) Overcrowding;
(9) Excessive noise;
(10) Obstructions to navigation; or
(11) Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).]
No variance shall be granted because of other nonconforming uses within a district or because of similar uses in an adjoining district. The burden of proof shall be on the applicant to show entitlement to a variance under this section. The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959‑B as the commission finds necessary to avoid the dangers enumerated in section 957‑D. For the purposes of enforcement, variances granted hereunder and the conditions thereto shall be treated as orders of the commission.
Frequently Asked Questions About Maine § 963.
What does Maine Revised Statutes § 963. cover?
Section 963. ("Variance from performance standards") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 963.?
A common citation format is "Maine Revised Statutes § 963." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 963. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.