[Ord. of 10-6-1998]
The Planning Board is hereby authorized to hear and decide upon
applications for conditional use.[1]
[1]
Editor's Note: The sentence, which immediately followed and
provided for consideration of recommendations made by the Coastal
Area Committee, was removed from the Code pursuant to Ord. No. 2011.38,
adopted 9-20-2011. Said ordinance disbanded the Coastal Area Committee.
The Planning Board shall hear and approve, approve with modifications
or conditions, or disapprove all applications for conditional use
permits. No conditional use permit may be granted unless specific
provision for such conditional use is made in a particular zone.
A.
A conditional use permit shall be required or any land use or activity
which is classified as a "conditional use" in a particular zone. A
conditional use permit shall also be required for any increase or
expansion of any existing conditional use, as defined below:
B.
In cases where expansion will not change the existing use, or the
exterior dimensions of any existing building, the Planning Board may
pass upon the review procedure and waive the submission requirements
in order that the project may be expedited. Waivers shall be issued
in writing and shall state the reasons. No changes shall be made in
any approved conditional use without approval of that change by the
Planning Board.
[Ord. of 10-6-1998]
A.
Fee for notification of abutters.
1.
Whenever an applicant, during the course of a review required by
this ordinance, is required to notify abutters, he shall pay a fee
to cover first class postage for all notices sent to abutting property
owners.
2.
For the purpose of this section an abutting property shall be any
parcel of land within 200 feet of the boundary of the parcel on which
the proposed project is to be conducted or constructed.
3.
The list of abutting property owners shall be developed from records
maintained by the Tax Assessor's office.
4.
The postage fee for notification of abutters shall be paid upon submission
of application.
B.
Submission requirements.
1.
A person proposing a conditional use shall file an application with
the Planning Board on forms provided for the purpose. Failure of the
applicant to submit the required information shall constitute a basis
for denial without a review of the remainder of the application.
[Ord. No. 2002.3, 1-15-2002]
In order to process applications more efficiently, certain conditional
uses, due to the limited nature of the proposed use, may be reviewed
by the Codes Enforcement office. Only uses that meet all of the following
applicability standards may be reviewed as minor conditional uses:
1.
Applicability.
a.
Home occupations in which there is no point of purchase for retail
merchandise or consumer service at the home. Phone and mail order
businesses, wholesale businesses and other similar businesses may
be reviewed as minor conditional uses.
b.
Home occupations in which there are not significant exterior alterations
to the building or the site.
2.
Administration.
a.
The applicant must apply for a minor conditional use permit.
b.
Upon receipt of an application for minor conditional use, the codes
enforcement office shall send a notice of the application, including
the name of the applicant, address of the applicant, the nature and
address of the proposed use, to all property owners within 200 feet.
The notices shall also include a deadline for comment on the application,
to be 10 calendar days from the date of the notice.
c.
The Codes Enforcement Office shall act upon all applications for
minor conditional uses, approval or referral to the Planning Board,
within five days of the close of the public comment period.
d.
The Codes Enforcement office may add conditions as appropriate.
3.
Criteria for approval. Minor conditional use applications shall be approved by the Codes Enforcement Office unless the proposed use does not satisfy the approval criteria of Section 1 above, or other local, state, and federal laws. If in the opinion of the Codes Enforcement Office, an application does not meet the approval criteria, then the application shall be referred to the Planning Board, with a written narrative describing why the criteria has not been met, for a full conditional use review.
4.
Planning board jurisdiction. The Planning Board shall review any
application for a minor conditional use upon a determination by the
Codes Enforcement office that the potential impacts from a proposed
use warrant a public hearing before the Planning Board. Upon referral
to the Planning Board, the applicant shall submit a full application
for conditional use.
A.
Applications for conditional use permits must meet the standards
specified in Article VI of this ordinance as well as the standards
of subdivision or site review. In addition, because of the unique
nature and particular concern that the general public may have relating
to a conditional use in a particular zone, the Planning Board shall
consider each of the applications in light of the guidelines presented
below.
B.
The Planning Board shall approve, approve with conditions, or deny
all applications for a conditional use permit. The applicant shall
have the burden of proving that his or her application is in compliance
with the requirements of this ordinance and that none of the conditions
listed below would result from the approval of the conditional use
permit. Failure of the applicant to submit required information shall
constitute a basis for denial without a review of the remainder of
the application. After the submission of a complete application and
a review of the required submissions, the Planning Board shall approve
the application or approve it with conditions if the application meets
the following standards:
1.
The proposed use meets specific requirements set forth in this ordinance
and would be in compliance with applicable state or federal laws;
2.
The proposed use would not create fire safety hazards by providing
adequate access to the site, or to the buildings on the site, for
emergency vehicles and would not create hazards through the storage
of chemicals and wastes;
3.
The proposed exterior lighting, where allowed, would not create hazards
to motorists traveling on adjacent public streets or is adequate for
the safety of occupants or users of the site or would not damage the
value and diminish the usability of adjacent properties;
4.
The provisions for buffers and on-site landscaping provide adequate
protection to neighboring properties from detrimental or unsightly
features of the development;
5.
The proposed use would not have a significant, detrimental effect
on the use and peaceful enjoyment of abutting property as the result
of noise, vibrations, fumes, odor, dust, glare, hours of operation,
or other causes;
6.
The provisions for vehicular loading and unloading and parking and
for vehicular and pedestrian circulation on the site and onto adjacent
public streets would not create hazards to public safety or traffic
congestion;
7.
The proposed use would generate a volume of traffic that can reasonably
be accommodated by the existing road network, or would not create
unreasonable traffic hazards or would not exacerbate an existing traffic
hazard, or would not create unreasonable traffic congestion;
8.
The proposed use would not have a significant, detrimental effect
on the value of adjacent properties which could be avoided by reasonable
modification of the proposal;
9.
The proposed use would not have an adverse impact on the privacy
of the residents of the immediate area (within 500 feet) which could
be avoided by reasonable modification of the proposal;
10.
The proposed use would be in compliance with Biddeford's Comprehensive
Plan;
11.
The proposed use would not have an adverse impact on the immediate
neighborhood or the community relative to architectural design, scale,
bulk and building height, identity and historical character, or visual
integrity, which could be avoided by reasonable modification of the
proposal;
12.
The design of the site would not result in significant flood hazards
or flood damage or would be in conformance with applicable flood hazard
protection requirements;
13.
Adequate provision has been made for disposal of wastewater or solid
waste or for the prevention of ground or surface water contamination;
14.
Adequate provision has been made to control erosion or sedimentation;
15.
Adequate provision has been made to handle stormwater runoff or other
drainage problems on the site; and the proposed development will not
unduly burden off-site surface water systems;
16.
The proposed water supply would meet the demands of the proposed
use for fire protection purposes;
17.
Adequate provision has been made for the transportation, storage,
and disposal of hazardous substances and materials as defined by state
law;
18.
The proposed use would not have an adverse impact on scenic vistas
or on significant wildlife habitat or wetland areas and water bodies
which could be avoided by reasonable modification of the proposal;
The Planning Board may attach such conditions, in addition to
those required elsewhere in this ordinance, that would mitigate any
adverse effects on adjoining or neighboring properties, which might
otherwise result from the proposed use. These conditions may include,
but are not limited to, specifications for:
a.
Type of vegetation;
b.
Increased setbacks and yards;
c.
Specified sewage disposal and water supply facilities;
d.
Landscaping and planting screens;
e.
Periods of operation;
f.
Operational controls;
g.
Professional inspection and maintenance;
h.
Sureties;
i.
Deed restrictions;
j.
Locations of piers, docks, parking and signs;
k.
Type of construction; or
l.
Any other conditions, restrictions, or safeguards that would uphold
the spirit and intent of this ordinance or further review by the Biddeford
Planning Board.
