City of Biddeford, ME
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The municipal officers may from time to time amend the boundaries of the zones established on the Official Zoning Map or the regulations set forth in this ordinance.
A. 
Proposed amendment by the municipal officers, Planning Board or upon petition.
1. 
If either the municipal officers or the Planning Board desire to propose any changes to this ordinance, or if a citizen petition as set forth herein is brought, the following procedure shall be followed:
(a) 
If the proposal is initiated by the municipal officers, they shall formally request the Planning Board to hold a public hearing as set forth below, and to carry out the other procedural requirements of this section.
(b) 
If the proposal is initiated by the Planning Board, it shall be by majority vote of the Board.
(c) 
If a petition requesting amendment of this ordinance, signed by at least 300 registered voters of the City, is filed with the Planning Board, the Board shall promptly (1) request the City Clerk to verify the signatures, and (2) if the Clerk verifies that at least 300 of the signatures are valid, the Board shall then carry out the other procedural requirements of this section.
(d) 
As soon as the amendment procedure is initiated by any of the above methods, the Board shall cause the City Clerk to give public notice of a public hearing on the proposed changes, which notice shall be made in a newspaper of general circulation in the City, and be published in one issue of such paper, at least 15 days prior to the date of hearing. The notice shall contain the time, date, and place of hearing, and sufficient detail about the proposed changes as to give adequate notice of their content and import. If the proposed changes are extensive, a brief summary of the changes, together with an indication that a full text is available at the City Clerk's office, shall be adequate notice, provided that in fact sufficient copies of the text are made available.
(e) 
The public hearing shall be held by the Planning Board.
(f) 
As soon as possible after such public hearing and in any event within 30 days, the Planning Board shall make a written recommendation, for or against the proposed changes to the municipal officers.
(g) 
The municipal officers shall not act on a proposed change until the recommendation of the Planning Board is before them. A proposed change which has been disapproved by the Planning Board may be enacted by a majority vote of the municipal officers.
B. 
Proposed amendment by individuals.
1. 
Any owner of property, or holder of a valid option or sales contract for purchase of property, may propose the rezoning of that property into another zone. In such case the following procedure shall be followed:
(a) 
The applicant shall file with the City Clerk an application signed by him which shall give an adequate description of the property for which the rezoning is requested, and shall indicate clearly what rezoning is requested. The applicant shall also furnish the City Clerk with a plan showing this property in relation to the present zone boundaries, with sufficient detail to adequately identify it. The applicant shall also at this time pay to the City Clerk a sum to cover notice and advertising costs.
(b) 
Immediately upon receipt of such an application, the City Clerk shall forward a copy to the Planning Board, which shall promptly schedule a public hearing on the application, allowing sufficient time for the required notice. The Planning Board shall promptly notify the City Clerk of the date, time and place of the hearing, and the Clerk shall inform the applicant. However, it shall be the responsibility of the applicant to find out from the Clerk the details of the hearing in order to post the required sign as required by the following section.
(c) 
At least 10 days prior to the scheduled hearing, the applicant shall, at his expense, cause to be erected on the property in a conspicuous location a sign containing not less than nine square feet of area, with a white background on which shall be written in letters at least three inches high:
NOTICE TO THE PUBLIC
An application has been filed with the City Clerk requesting that this property be rezoned from (insert present zone name) to (insert proposed zone). A public hearing will be held at (insert place) on (date) at (time). All those having an interest in this application should be present.
Signature:
Applicant
Address
The applicant shall also be responsible for maintaining this sign continuously in the same location until the date of the hearing.
(d) 
Immediately upon receiving notification from the Planning Board of the details of the hearing, the City Clerk shall:
(1) 
Give written notice, with sufficient information to identify the property, the zone change requested, and the applicant to all property owners of record (as evidenced by the City tax files) within 200 feet of the subject property. This notice shall be sent by regular U.S. mail, first class, postage prepaid, at least 10 days prior to the scheduled hearing. Failure of any actual property owner to receive such notice, for any reason, shall not invalidate the amendment proceedings.
(2) 
Publish a copy of such notice, in a newspaper of general circulation in the City, in one issue of such paper, at least 15 days prior to the scheduled date of the hearing.
(e) 
The public hearing shall be held by the Planning Board.
(f) 
As soon as possible after such public hearing and in any event within 30 days, the Planning Board shall make a written recommendation, for or against the proposed changes to the municipal officers.
(g) 
The municipal officers shall not act on a proposed change until the recommendation of the Planning Board is before them. A proposed change which has been disapproved by the Planning Board may be enacted by a two-thirds vote of the municipal officers.
[Ord. No. 2008.26, 5-6-2008]
A. 
Any contract adopted or approved by the City Council under the terms of these provisions shall be considered an amendment to this ordinance and shall be attached hereto and indicated on the Official Zoning Map of the City of Biddeford.
Contract Zone No. 1: Five Graham Street (Map 38, Lots 295 and 234).
Contract Zone No. 2.
[Repealed 1-16-2018 by Ord. No. 2018.4]
Contract Zone No. 3.
[Repealed 1-16-2018 by Ord. No. 2018.4]
Contract Zone No. 4: Lionel Desrochers (Map 2, Lot 3).
Contract Zone No. 5.
[Repealed 1-16-2018 by Ord. No. 2018.4]
Contract Zone No. 6: Jim Bernard, Eastwood Retirement Community (Map 82, Lot 31).
Contract Zone No. 7.
[Repealed 10-7-2014 by Ord. No. 2014.97]
Contract Zone No. 10: McArthur Home for the Aged (Map 27, Lot 95-1).
Contract Zone No. 11: Mariner Tower II, LLC (Map 9, Lot 34).
[Added 4-21-2009 by Ord. No. 2009.16]
Contract Zone No. 12: Developers Collaborative Predevelopment, LLC (Map 39, Lot 40).
[Added 9-7-2010 by Ord. No. 2010.94]
Contract Zone No. 13: New Cingular Wireless PCS, LLC, dba AT&T Mobility, LLC (Map 27, Lot 95-2).
[Added 10-1-2013 by Ord. No. 2013.77]
Contract Zone No. 14: VC Properties, LLC (d/b/a Mariner Tower, LLC) (Map 3, Lot 66-1).
[Added 7-1-2014 by Ord. No. 2014.49]
Contract Zone No. 15: Southern Maine Affordable Housing (Map 39, Lots 130 and 130-2).
[Added 10-7-2014 by Ord. No. 2014.96]
Contract Zone No. 16: Plan B Development, LLC (Tax Map 22, Lots 39-2, 39-3, 39-4, 39-5, 39-6, and 39-0).
[Added 12-1-2015 by Ord. No. 2015.78]
Contract Zone No. 17: American Lighthouse Foundation d/b/a Friends of Wood Island Lighthouse (Tax Map 10, Lot 27-2).
[Added 7-5-2016 by Ord. No. 2016.51]
Contract Zone No. 18: Sawmill Park Properties, LLC, Indian Cliff Development Corporation, and Mike Eon Associates, Ltd. (Tax Map 2, Lots 43-1 and 42-1, and Tax Map 7, Lot 15).
[Added 12-17-2019 by Ord. No. 2019.132]