C.M.R. 18, 134, ch. 1, § 134-1-7, subsec. 134-1-7-2

Current through 2024-51, December 18, 2024

Subsection 134-1-7-2 - Variance Standard

The Capitol Planning Commission, by 2/3 majority vote, may grant a variance only where strict application of the regulations, or a provision thereof, to the applicant and his property would cause undue hardship. The works "undue hardship" as used in this subsection mean:

A. That the land in question cannot yield a reasonable return unless a variance is granted;

B. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and

C. That the granting of a variance will not alter the essential character of the locality.

C.M.R. 18, 134, ch. 1, § 134-1-7, subsec. 134-1-7-2