Maine Petition to Board of Zoning Appeals in Support of Application for a Variance

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US-01290BG
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Description

Zoning is a government-imposed restriction on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example of a petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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FAQ

A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.

A conditional use is also a relaxation of the ordinance requirements. The only structures or uses which are permitted as conditional uses are those listed in the Zoning Ordinance for a zoning district, or specifically described in other provisions of the Zoning Ordinance.

The conditional use permit allows specific, enforceable conditions to be imposed on the project that is approved.

In general , a Variance is applied when a specific requirement of the zoning ordinance is impossible to meet due to a unique circumstance, while an Exception is applied when a proposed use aligns with the overall goals and objectives of the zoning ordinance, but is not specifically permitted under the zoning ...

What is a Conditional Use Permit (CUP)? Zoning districts contain land uses that are permitted and conditional. A conditional use is a use allowed in a zoning district only after specific requirements have been met and the Planning and Zoning Commission has attached conditions of approval.

A conditional use permit is issued to the property owner for a specific use within the zoning district as allowed in the Land Use Chart (Exhibit A) of the Zoning Ordinance. When someone wishes to obtain a conditional use permit, an application for the permit is obtained from the Planning and Zoning Department.

WHAT IS A CONDITIONAL USE PERMIT? ACONDITIONAL USE PERMIT (CUP) allows a city or county to consider special uses which may be essential or. desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process.

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.

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Maine Petition to Board of Zoning Appeals in Support of Application for a Variance