Sanford City Zoning Code
ARTICLE VIII
Variances and Appeals
§ 280-8-1 Standards for granting dimensional variances.
A.
A variance shall be granted only for a use allowed in a particular zone. A dimensional variance is authorized only for height, building size, lot area, setback, or open space.
B.
Undue hardship variance.
(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 condition in the neighborhood;
(3)
The granting of a variance will not alter the essential character of the locality; and
(4)
The hardship is not the result of action taken by the applicant or a prior owner.
C.
Practical difficulty variance. The Board of Appeals may grant a variance from the setback standards of this chapter when strict application of this chapter to the applicant and the applicant's property would cause a practical difficulty and when certain conditions set forth in this subsection exist.
(1)
As used in this subsection, practical difficulty means that the strict application of this chapter to the property precludes the ability of the applicant to pursue a use allowed in the zoning district in which the property is located and results in significant economic injury to the applicant.
(2)
To approve a practical difficulty variance as permitted in this subsection, the Board of Appeals shall find that the following conditions exist:
(a)
The need for the variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;
(b)
The granting of the 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 applicant or a prior owner;
(d)
No other feasible alternative to a variance is available to the applicant;
(e)
The granting of the variance will not unreasonably adversely affect the natural environment; and
(f)
The property is not located in whole or in part within the shoreland areas as described in 38 M.R.S.A. § 435.
D.
Setback variance for a single family dwelling which is the primary residence of the applicant. The Board of Appeals may grant a setback variance for a single family dwelling only when strict application of this chapter would cause undue hardship to the applicant and the applicant's property.
(1)
As used in this subsection, undue hardship means:
(a)
The need for the variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;
(b)
The granting of the variance will not alter the essential character of the locality;
(c)
The hardship is not the result of action taken by the applicant or a prior owner;
(d)
The granting of the variance will not substantially reduce or impair the use of abutting property; and
(2)
That the granting of a variance based upon demonstrated need, not convenience, and no other feasible alternative is available.
(3)
A setback variance shall not be granted if it would cause the area of the dwelling to exceed the maximum permissible lot coverage.
E.
Disability variance for vehicle storage. The Board of Appeals may grant a variance to an owner who resides in the dwelling and is a person with a permanent disability for the construction of a place of storage and parking for her/his personal use of a noncommercial vehicle. The width and length of the structure shall not be larger than two (2) times that of the vehicle. The applicant shall submit plans for the proposed structure with the request for a variance.
(1)
The applicant shall prove by a preponderance of the evidence that the disability is permanent. All medical records and other documents submitted to demonstrate a permanent disability shall be confidential.
(2)
The applicant shall demonstrate that the noncommercial vehicle is owned by the applicant, weighs no more than six-thousand (6,000) pounds in conformance with 29-A M.R.S.A. § 101(42), and bears a disability registration in conformance with 29-A M.R.S.A. § 521.
(3)
The Board of Appeals may impose conditions on the disability variance for vehicle storage.
F.
Disability permit for access to a dwelling. As authorized by 30-A M.R.S.A. § 4353(4A), the Code Enforcement Officer is authorized to issue a permit to an owner of a dwelling for the purpose of making a dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. If the permit includes a variance, the permit is deemed to include that variance, solely for the installation of equipment or construction of structures necessary for access to or egress from the dwelling for the person with a disability, including ramps and associated railings, walls, or roof systems necessary for the safety or effectiveness of the ramps. The Code Enforcement Officer may ask the Board of Appeals to review the request if there are unresolved issues raised by abutters or if she/he finds that the scale or complexity of the proposal warrants review by the Board or other elements of review require review by the Board. All medical records submitted to the Code Enforcement Officer and any other documents submitted for the purpose of describing or verifying a person's disability are confidential. The Code Enforcement Officer may ask the Board of Appeals to impose conditions on the disability permit for access to a dwelling, including limiting the permit to the duration of the disability or to the time that the person with the disability lives in the dwelling.
§ 280-8-2 Appeal procedure.
Filing of appeal.
A.
The applicant shall file his/her appeal with the Code Enforcement Officer, shall specify the grounds for the appeal and/or for the variance, and shall submit a filing fee established by the City Council in conformance with § 280-3-4. Upon receipt of the application, the Code Enforcement Officer shall notify the Chair of the Board of Appeals.
B.
For an administrative appeal, a person aggrieved by a decision of the Code Enforcement Officer shall commence his/her appeal within thirty (30) days after a decision is made by the Code Enforcement Officer.
§ 280-8-3 Recording of variances.
If the Board of Appeals grants a variance under this article, the Code Enforcement Officer shall prepare a certificate indicating the name of the current property owner, the property referenced in the last recorded deed in its chain of title, and the fact that a condition has been granted, and the date of the granting in record this certificate in the York County Registry of Deeds and provide the Code Enforcement Officer with a copy of the recorded variance, with the book and page number from the Registry of Deeds, within ninety (90) days of the date of the final written approval of the variance or the variance is void. The variance is not valid until recorded as provided in this section. For the purpose of this section, the date of the final written approval shall be the date stated on the written approval.