Bill > LD1143

This bill updates language and clarifies provisions related to setback variances for dwellings in Maine municipalities. Specifically, the bill modernizes terminology by changing "set-back" to "setback" throughout the text and removes the specific reference to "single-family" dwellings. The bill maintains existing criteria for granting setback variances, which include demonstrating undue hardship, such as unique property circumstances, not altering the neighborhood's essential character, and ensuring the variance is based on genuine need rather than convenience. The legislation allows municipalities to adopt ordinances permitting variance requests, with strict limitations: variances cannot exceed 20% of the setback requirement and cannot be granted if they would cause lot coverage to exceed maximum limits. An exception is made allowing variances over 20% if an affected abutting landowner provides written consent, with an explicit exclusion for minimum setbacks from wetlands or water bodies in shoreland zones. The bill aims to provide municipalities with clear, flexible guidelines for processing setback variance requests while maintaining reasonable development standards.

Housing and Urban Affairs

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1143&snum=132