A.
This chapter involves the consolidation of the General and Shoreland
Zoning Ordinance, the Subdivision Ordinance, the Mobile Home Park
Ordinance and the Flood Damage Prevention Ordinance, as well as new
land use regulations that reflect the policies of the 2007 Comprehensive
Plan. The provisions and requirements listed in this document reflect
input from the City Council, Planning Board, City staff, residents,
business persons and a group of citizens who reacted to several versions
of the draft prior to sending it along to the Planning Board and City
Council.
[Amended 4-20-2017 by Ord. No. 17-069]
B.
This chapter has attempted in several areas to give rationale to
the requirements in the form of a commentary. All commentary sections
are written in ITALICS and are not considered regulatory.
However, if a question of interpretation arises, the commentary shall
provide the background for the regulation.
This chapter and the accompanying Official Zoning Map shall
be known and may be cited as the "Land Use Ordinance, City of Augusta."
[Amended 4-23-2001 by Ord. No. 37]
A.
The purpose of this chapter is to promote the health, safety and
general welfare of the residents of the City; to encourage the most
appropriate use and prevent the overcrowding of all land; to lessen
danger from congestion, fire, and other elements; to provide adequate
light and air; to promote good civic design and arrangement; to promote
good site planning and design; to avoid undue concentration of population
and to promote wholesome home environments; to improve and beautify
the City; to maintain and preserve property values; to provide harmonious
arrangement of residential, commercial, and industrial areas; to conserve
natural resources and amenities; to provide an adequate street system;
to promote the coordinated development of unbuilt areas; to encourage
the formation of neighborhoods; and to provide for land areas in new
developments sufficient for all the requirements of community life;
and, in shoreland areas, to prevent and control water pollution; protect
fish spawning grounds, aquatic life, bird and other wildlife habitat;
to protect buildings and lands from flooding and accelerated erosion;
to protect archeological and historic resources; to protect commercial
fishing and maritime industries; to protect freshwater and coastal
wetlands; to control building sites, placement of structures and land
uses; to conserve shore cover, visual as well as actual points of
access to inland and coastal waters; to conserve natural beauty and
open space; and to anticipate and respond to the impacts of development
in shoreland areas.
B.
The purposes of this chapter are broadened to include the policies
of the 2007 Comprehensive Plan adopted in January 2008. The policies
promote the preservation and enhancement of districts, sites and landmarks
within the City which possess particular historic or architectural
significance and represent the essential characteristics of their
neighborhoods and the unique legacy that defines this community; promote
the educational, cultural and economic welfare of the citizens of
the City; promote commercial and industrial developments that are
concentrated and discourage sprawl; promote development which minimizes
energy consumption and public service costs; encourage the use of
solar energy; promote the retention of critical functions and interrelationships
of ecological systems; control development on slopes greater than
15%; avoid earth slumping on slopes with marine clay; minimize earthmoving
and destabilization activities on soils with high erodibility; conserve
prime agricultural soils and promote cluster developments; conserve
sand and gravel deposits suitable for mining; seek to interconnect
critical habitat; require buffers along wetlands, deer yards and streams
in rural areas; control siltation; minimize air pollution; retain
and/or slow down stormwater runoff on site; prevent additional phosphorous
loading in ponds; control building and reconstruction in floodplains;
maintain groundwater supplies; protect water quality; protect the
Bond Brook aquifer; promote efficient and safe movement of vehicles
to and from interchanges; discourage heavy commodities trucking through
the urban compact area and residential neighborhoods; minimize environmental
degradation; conserve and recycle solid waste; protect and enhance
visual quality and special character; protect special views; maintain
a high degree of naturalism in the landscape; unify, improve and maintain
the visual integrity of the Capital District, downtown, rotaries,
gateways, and approaches to the City; control building heights; maintain
and improve the visual integrity of neighborhoods; maintain and enhance
the physical, visual and social integrity of residential areas; create,
maintain and improve pedestrianways; retain and/or develop buffers
of woodland vegetation and/or berms to mitigate impacts between commercial
and residential developments; create and/or maintain open space; maintain
a greenbelt separating urban and rural areas; prevent light trespass.
[Amended 4-20-2017 by Ord. No. 17-069]
C.
The Comprehensive Plan and this chapter shall be reviewed every five
years by the Planning Board. If appropriate, revisions shall be recommended
to the City Council.
This chapter has been prepared in accordance with the provisions
of Title 1, Title 12, Title 30-A and Title 38 of the Maine Revised
Statutes Annotated (M.R.S.A.).
This chapter applies to all uses of land and structures in the
City of Augusta.
[Amended 1-21-1992 by Ord. No. 303; 12-6-1993 by Ord. No. 311; 11-5-1997 by Ord. No. 258; 3-7-2002 by Ord. No. 184]
A.
Generally. On petition, or on recommendation by the Planning Board,
or on their own initiation, the City Council may amend, supplement,
or repeal the regulations and provisions of this chapter and amend
the boundaries of the zoning districts delineated on the Official
Zoning Map.
(1)
The Maine Department of Environmental Protection (MDEP) shall
be notified by the City Clerk of amendments to this chapter affecting
shoreland areas at least 30 days after a City Council decision. No
amendments to this chapter affecting shoreland areas shall be effective
until approved by the MDEP. If the MDEP fails to act on any such amendment
within 45 days of the MDEP's receipt of the amendment, the amendment
is automatically approved. Any application for a permit affected by
shoreland regulations submitted to the City of Augusta within the
forty-five-day period shall be governed by the terms of the amendment,
if such amendment is approved by the MDEP.
[Amended 7-16-2020 by Ord. No. 20-087]
(2)
Planning Board shall hold public hearing on amendments. Every proposed amendment or change, however initiated, shall be reviewed by the Planning Board for recommendation to City Council. Before making its report to the City Council on any proposed amendment to this chapter, including request for parcel reclassification, the Planning Board shall hold at least one public hearing on the proposed amendment, public notice of which shall be accomplished as outlined in Subsection B(1) of this section.
B.
Types of actions.
(1)
Parcel reclassification (rezoning). Except for rezonings initiated by the City Council or Planning Board, no application for rezoning shall be processed without the applicant first showing evidence of standing as defined in § 300-601D(3)(e), Right, title or interest. For any parcel reclassification, or text amendment, the City, at the applicant's expense, shall give notice of a public hearing on the application, in the form and manner and to the persons herein specified.
[Amended 4-20-2017 by Ord. No. 17-069; 7-16-2020 by Ord. No. 20-087]
(a)
The notice shall include the time and place of such hearing,
the nature of the matter to be heard, and in the case of parcel reclassification,
the address or location of the property involved.
(b)
Notices shall be given to each of the following:
[1]
To the applicant, City Council, Planning Board and Board of
Zoning Appeals.
[2]
To all residents of the City, by publication in the Kennebec
Journal twice, the first publication to be at least 14 days before
the hearing and the second to be not less than three days before the
hearing.
[3]
To the owners of the properties within 500 feet of the parcel or area involved if the parcel or area is located in the Urban Growth Area Districts (as outlined in § 300-314) or within 1,000 feet of the parcel or area involved if the parcel or area is located in the Planned Development and/or Rural Districts by regular United States mail. For an area rezoning, notice shall also be sent to all landowners located inside the area proposed for change. Where notice by mail is required, it shall be mailed at least 14 days and no more than 30 days in advance of the hearing date, by regular United States mail.
[4]
In addition, for a parcel reclassification, a sign provided
by the City shall be placed by the applicant on the portion of the
property involved that is nearest a public road. In the case of an
area rezoning, up to four signs shall be placed at the boundary of
the proposed zoning district change.
(c)
For the purpose of this section, the owners of property shall
be considered to be the parties listed by the Assessor's Office of
the City of Augusta as those against whom taxes are assessed. Failure
of any property owner to receive a notice of public hearing shall
not necessitate another hearing and shall not invalidate any action
of the Planning Board.
(d)
Parcel reclassification may be requested by any one of the following
methods:
[1]
General zoning: request to reclassify a parcel from one zoning
district classification to another; no specific use is being proposed.
All uses listed in the requested zoning district would be allowed
upon Board recommendation and City Council approval.
[2]
Contract rezoning: requests to reclassify a parcel from one
zoning district classification to another; the requested zone would
be modified, upon Board recommendation and approval by the Council,
to limit the use of the property and specify additional performance
standards and requirements for development as noted in (g) below.
[3]
Conditional rezoning: requests to reclassify a parcel from one
zoning district classification to another; a specific land use is
proposed. The requested zone would be modified, upon Board recommendation
and Council approval, to limit the use of the property to the use
requested. Note: If approved by the City Council and upon application
for a building or land use permit, all reclassified parcels shall
be reviewed in accordance with the process outlined within the approved
zoning district.
(e)
Requests for contract rezoning shall be accompanied by a conceptual development plan for the site. Conditional use criteria (§ 300-603) shall apply.
(f)
Any parcel reclassification shall meet the following criteria:
[1]
The rezoning shall be consistent with the 2007 Comprehensive
Plan and any plans or policies subsequently adopted by the City;
[2]
The rezoning shall be consistent with established land use patterns;
[3]
The rezoning will not create an isolated district unrelated
to adjacent districts;
[4]
Adequate utilities, roads and services must exist or must be
provided;
[5]
The rezoning is justified by a changed or changing condition(s).
(g)
Approval of conditional or contract rezoning may include conditions
and restrictions; such conditions and restrictions shall relate only
to the physical development or operation of the property and may include
deed restrictions.
(3)
Area rezoning. Based upon significant public purpose, the rezoning process for an area within Augusta may be initiated by the City Council or Planning Board. The Planning Board shall conduct a zoning study on the matter and prepare recommendations on its findings in accordance with applicable parts of Subsection B(1) of this section.
C.
Report of Planning Board. The Planning Board shall make a report
in writing to the City Council within 30 days of its public hearing,
recommending approval, approval with modification or disapproval of
the proposed amendment or parcel reclassification and its reasons
therefor. If the Board report is not complete within 30 days, a status
report shall be provided to the City Council.
D.
Vote of City Council required to amend or change ordinance.
(1)
No amendment to this chapter or any change in any of its provisions
shall be adopted except by a majority vote of all the members of the
City Council.
(2)
The City Council may adopt, reject or modify the recommendation
of the Board. However, when a rejection or modification of the Board's
recommendation is to be based on substantive or substantial new information
not previously present to the Board, the City Council shall table
and remand the matter to the Board for further consideration and recommendation.
In making such remand, the Council may attach such recommendations,
instructions or directions as it deems appropriate for the Board's
consideration.
This chapter shall not in any way impair or remove the necessity
of compliance with any other applicable rule, ordinance, regulation,
bylaw, permit, or provision of law. Where this chapter imposes a greater
restriction upon the use of land, buildings, or structures, the provisions
of this chapter shall control. Where conflicts arise within this chapter,
the stricter provision or requirement shall prevail.
