City of Westbrook, ME Conditional Uses

The Planning Board shall be responsible for conditional use reviews in accordance with this article. Where a home day-care provider, day-care center or child-care center use is proposed and where that use requires approval of a conditional use, the requirements of § 335-2.14, Home day-care provider, day-care center or child-care center, shall supersede all requirements below, except those of § 335-4.5, Notice of conditional use application.

A.

An applicant who seeks a use by conditional use shall submit to the Board diagrams or photographs, which become part of the record, illustrating the proof required by this section. He/she must prove the following:

(1)

Certain requirements met. That the use requested meets the dimension, parking, loading, and sign requirements of this article. Otherwise, the applicant must also request an appropriate variance. Applications for conditional use permits must also meet the standards of subdivision or site review, depending on the applicability of the application.

(2)

Value. That the use requested will not significantly devalue abutting property or property across public or private way. In making its determination, the Board shall take into consideration the type of structure proposed, the topography of the area, the market value of the surrounding real estate, the availability of utilities, traffic conditions, and other relevant factors.

(3)

Effects of land use. That the use granted will:

(a)

Maintain safe and healthful conditions.

(b)

Not cause water pollution, erosion, or sedimentation.

(c)

Not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat.

(d)

Conserve shared tree cover and visual, as well as actual, access to water bodies.

(e)

Not burden on-site septic or off-site waste disposal.

(f)

Not burden existing public ways.

(4)

Performance standards. That the use granted is compatible with adjacent land uses and that it meets the following performance standards:

(a)

Landscape environment and enhancement. The landscape must be preserved in its natural state insofar as practicable. It must be designed so as to stabilize the slopes and buffer the site, where necessary;

(b)

Surface water drainage. Surface water drainage must not have an adverse effect on surrounding properties, downstream water quality, soil stability, or the storm drainage system;

(c)

Water, air, soil pollution. The development will not cause unreasonable water, air, or soil pollution;

(d)

Soil integrity. The development will not cause unreasonable soil erosion or reduction in the capacity of the soil to hold water;

(e)

Natural environment. The development must not have an unreasonably adverse effect on an historic site or irreplaceable natural areas;

(f)

Nuisance factor. The development must not cause unreasonable noise, odors, dust, gas, fumes, smoke, light or other annoying or dangerous emissions;

(g)

Special features. Exposed storage areas, machinery installation, service and loading areas, and similar facilities must be set back, screened, or buffered so as to minimize any possible adverse effect on the surrounding uses;

(h)

Vehicular access. The site layout must provide for safe vehicular access and egress, including that for emergency vehicles;

(i)

Parking and circulation. The layout of vehicular and pedestrian traffic patterns must provide for safe interior circulation, separation of pedestrian and vehicular traffic, and storage of plowed snow, and the parking shall comply with the parking requirements set forth in § 335-13.6B(1) to (4), regardless of whether the conditional use requires site plan review; and

(j)

Public services. The development must not impose an unreasonable burden on the water supply and sewage disposal systems, fire or police services, public ways, schools, recreational facilities, and other public services or facilities.

B.

The applicant must present detailed information in the form of diagrams, photographs and drawings and such engineering data as deemed necessary by the Board. If the Board finds that the applicant can construct the building in such a manner as to not endanger the health or safety of the occupants, it shall grant him a building permit, subject to such condition as it deems necessary.

In granting an exception, the Planning Board may impose special conditions consistent with the purposes of this chapter and with the Comprehensive Plan, with which the applicant must comply. The conditions shall be stated specifically in a copy of the decision, and the copy shall be mailed to the applicant.

A conditional use granted by the Planning Board expires unless the work necessary to accomplish the purpose for which it was requested is commenced within one year and completed within two years after it was granted, or is completed in accordance with a phased completion schedule proposed by the applicant and approved, or modified and approved, by the Board and incorporated in its decision granting the exception. In determining whether work has been completed in accordance with an approved schedule, allowances may be made for delays in scheduled completions caused by inclement weather, strike, or acts of a natural nature.

The applicant, abutting landowner, or aggrieved party may appeal a conditional use decision of the Planning Board to the Superior Court of the State of Maine within 30 days of the Planning Board decision.

Notice of conditional use applications shall be mailed to property owners within 500 feet of the property submitting for a conditional use.