§ 38 §962-B — Amendments to district boundaries and performance standards

The commission may initiate, and any municipal agency, an organization qualified under section 966‑A or any property owner or lessee may petition for a change in the boundary of any land use district or for amendments to any additional performance standard adopted pursuant to section 962‑A.
No change in a district boundary shall be approved unless substantial evidence shows that the area is better suited for uses other than those permitted in the district in which it is situated, or changes in conditions have made the present classification unreasonable.
No amendment to performance standards shall be approved unless substantial evidence shows that:
1.
Conditions not in evidence.
Conditions exist which were not evident when the performance standard was adopted;
2.
Purpose not served.
The performance standard does not serve the purpose of this chapter; or
3.
Amendment preferable.
The amendment would better fulfill the purpose of this chapter.

Legislative History

PL 1979, c. 459, §1 (NEW).