Succession. Approved variances shall run with the land and thus pass from the owner of a property to the next owner of said property.

Submission requirements:

(a) A complete application form.
(b) An application fee as established by the Town Council in the Town of Windham Fee Schedule.
(c) Location plan and site plan, if required by the Code Enforcement Officer or Board of Appeals.
(d) All required information must be submitted to the Town of Windham at least 14 days prior to the Board meeting at which the applicant wishes to be heard.
 

The Board of Appeals shall require that attention be given to the following, wherever applicable:

(a) Location, character and natural features.
(b) Fencing and screening.
(c) Landscaping, topography and natural drainage.
(d) Vehicular access, circulation and parking.
(e) Pedestrian circulation.
(f) Signs and lighting.

Prohibited variances. A use variance shall not be granted to permit a use or structure not specifically allowed as either a permitted use or conditional use in the applicable zoning district.

Conditions of approval. In granting a variance under this section, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this chapter.

Recording. If the Board grants a variance under this section, a certificate indicating the name of the current property owner, identifying the property by reference to the last recorded deed in its chain of title and indicating the fact that a variance, including any conditions on the variance, has been granted, and the date of the granting, shall be prepared in recordable form.

(a) The applicant shall record this certificate in the Cumberland County Registry of Deeds within 90 days of the date of the final written approval of the variance, or the variance is void.
(b) A receipt from the Registry of Deeds containing the recording number must be provided to the Code Enforcement Department prior to the issuance of any building permits.
(c) For the purpose of this subsection, the date of the final written approval shall be the date stated on the written approval.

B. Variance. Except as provided in Subsection C (Disability variance) or D (Variance from dimensional standards), below, the Board may grant a variance only when strict application of this chapter to the petitioner and the petitioner's property would cause undue hardship. The term "undue hardship," as used in this subsection, means:
 

(1) That the land in question cannot yield a reasonable return unless the variance is granted;

(2) That the need for a variance is because of unique circumstances of the property (such as location of existing structures, topographical features, etc.) and not the general conditions of the neighborhood;

(3) That the granting of a variance will not change the essential character of the locality; and

(4) That the hardship is not the result of action taken by the current owner or a prior owner.

C. Disability variance. The Board of Appeals may grant a variance to an owner of a dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling.
 

(1) The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability.

(2) The Board may impose conditions on the variance, including, but not limited to:

(a) Limiting the variance to the duration of the disability; or
(b) Limiting the variance to the time that the person with the disability lives in the dwelling.
 

(3) For the purposes of this subsection, a "disability" has the same meaning as a physical or mental disability under 5 M.R.S.A. § 4553, and the term "structures necessary for access to or egress from the dwelling" is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

D. Variance from dimensional standards.
 

(1) The Board of Appeals may grant a variance from the dimensional standards of this chapter when strict application of this chapter to the petitioner and the petitioner's property would cause a practical difficulty and when the following conditions exist:

(a) The need for a variance is due to the unique circumstances of the property and not the general condition of the neighborhood;
(b) The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;
(c) The practical difficulty is not the result of action taken by the petitioner or a prior owner;
(d) No other feasible alternative to a variance is available to the petitioner;
(e) The granting of a variance will not unreasonably adversely affect the natural environment;
(f) The property is not located in whole or in part within shoreland areas as described in 38 M.R.S.A. § 435; and
(g) The dimensional standard for which the variance is granted is limited to ordinance provisions relating to lot area, lot coverage, frontage or setback requirements.
 

(2) As used in this subsection, "dimensional standards" means and is limited to ordinance provisions relating to lot area, lot coverage, frontage and setback requirements.

(3) As used in this subsection, "practical difficulty" means that the strict application of this chapter to the property precludes the ability of the petitioner to pursue a use permitted in the zoning district in which the property is located and results in significant economic injury to the petitioner.