Sec. 1. 30-A MRSA §4323, sub-§2, as amended by PL 2003, c. 641, §6, is further amended to read:

2. Growth management program. Adopt and amend local growth management programs, including comprehensive plans and implementation programs, consistent with the procedures, goals and guidelines established in this subchapter; and

Sec. 2. 30-A MRSA §4323, sub-§3, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

3. Other. Do all other things necessary to carry out the purposes of this subchapter.; and

Sec. 3. 30-A MRSA §4323, sub-§4 is enacted to read:

4.__New development flexibility.__Notwithstanding section 4353, explicitly delegate to the municipality's planning committee or other development review board the authority to approve developmental proposals with smaller dimensional standards than otherwise required in order to accommodate lots with insufficient frontage, setbacks or area if the purposes are to allow development to fit more harmoniously into the environment and to promote superior neighborhood development.__If such development complies with other parameters of the municipal ordinance, approval is not considered the granting of a variance.

SUMMARY

Current law prohibits the granting of a variance by any entity other than a zoning board of appeals in those municipalities that have zoning boards.

This bill amends planning and land use regulation standards by allowing a municipality to grant to its planning board or other development board the authority to approve developmental proposals with smaller dimensional standards, even if the municipality has a zoning board, for the purpose of promoting neighborhood development.