Raised Bill No. 915 Summary

• Defines "use variance" as permission to use land for a prohibited purpose and "area variance" as permission to construct buildings or improvements that deviate from area, bulk, setback or parking requirements in municipal zoning regulations.

• Use variances may be granted only where conditions specially affect a parcel, literal enforcement would cause unusual hardship, the use will not impair neighborhood character or municipal development plans, and the hardship is not caused by the applicant's own actions.

• Area variances may be granted where benefits to the applicant exceed adverse effects on neighborhood health, safety or welfare, with boards required to weigh eight specific considerations (neighborhood character, environmental conditions, feasible alternatives, life safety compliance, flood insurance compliance, wetland impacts, consistency with development plans, and applicant responsibility for noncompliance).

• Zoning boards may grant variances in either category to reduce nonconforming uses in a municipality, and may impose reasonable conditions and restrictions directly related to minimizing adverse effects.

• All use or area variances run with the land rather than being personal to the applicant, survive property transfers, and cannot be extinguished by title transfer or invalid conditions, except boards may condition accessibility variances on continuation of accessibility need.

• Effective October 1, 2023.