The Planning Board may approve the issuance of a special exception
permit in strict compliance with this ordinance.
(a)
The Planning Board shall hear and decide only those special exceptions
which are authorized by this ordinance and which are specifically
listed in the various zoning districts as special exceptions.
(b)
The Planning Board shall decide such questions as are involved in
determining whether such special exceptions should be granted, and
by majority vote, to grant such conditions and safeguards as are appropriate
under this ordinance or to deny such special exception when not in
harmony with the purposes and intent of this ordinance.
[Ord. of 7-13-1987]
(a)
In hearing requests for special exceptions under this section the
Planning Board shall consider the following:
(1)
That the requirements of the zone in which the property in question
is located have been complied with.
(2)
That the proposed use, although not generally appropriate in
the zone for which it is sought, is appropriate for the location for
which it is sought because of the peculiar physical characteristics
of that location.
(3)
That the proposed use will conform to the general character
of the neighborhood in which the use would be located.
(4)
That there would be no significant adverse effect resulting
from such use upon the public health, safety and general welfare of
the neighborhood in which the use would be located.
(5)
That the proposed use will not have an unduly adverse effect
upon the property values of adjacent properties.
(6)
That the proposed use will not place an undue burden on municipal
services.
(7)
That the proposed use will not create unreasonable traffic congestion
on contiguous or adjacent streets.
(8)
That the proper operation of the special exception will be ensured
by providing and maintaining adequate and appropriate utilities, drainage,
access, parking and loading and other necessary site improvements.
(9)
Private roads as listed in Section 111.2(c)(20) may be required to provide the following:
a.
Evidence that the road is owned by a nonprofit corporation subject
to bylaws of a road homeowners association.
b.
Map of property to include roads.
c.
Written stipulation recorded on map that road will not be submitted
to City for acceptance as a public street unless it is built to City
standards for public streets.
d.
Description of any provision for utility access and public services.
(b)
In granting an exception, the board may prescribe appropriate conditions
or safeguards. In most cases where review by the Planning Board is
required for the granting of an exception the Planning Board may suggest
appropriate conditions or safeguards and these may be incorporated
in the terms under which exception is granted. Violation of such conditions
shall be deemed a violation of this ordinance.
(c)
Before granting an exception in a resource protection zone or in
shoreland areas, as defined, the board may request pertinent information
from the applicant and shall determine that, except as specifically
exempted in this ordinance, the proposed use:
(1)
Will not result in unsafe or unhealthful conditions.
(2)
Will not result in erosion or sedimentation.
(3)
Will not result in water pollution.
(4)
Will not result in damage to spawning grounds, fish, aquatic
life, bird and other wildlife habitat.
(5)
Will conserve shoreland vegetation.
(6)
Will conserve visual points of access to waters as viewed from
public facilities.
(7)
Will conserve actual points of public access to water.
(8)
Will conserve natural beauty.
(9)
Will avoid problems associated with the floodplain development
and use.
[Ord. of 8-19-1985; Ord. of 9-5-1989]
(a)
Before taking action on any application for special exception the
Planning Board shall hold a public hearing. The application shall
be received by the Planning Board at least 30 days prior to a regularly
scheduled meeting of the Planning Board. The applicant will pay a
fee which will be promulgated by the City Council. The fee will be
reviewed by the City Council from time to time.
The Planning Board shall notify interested parties by placing
a notice of hearing in one newspaper with local circulation at least
seven days prior to the hearing stating the nature of the appeal and
the time and place of the public hearing thereon. Owners of abutting
property shall be notified by direct mail.
(b)
For the purposes of this article, the owners of property shall be
considered to be the parties listed by the assessor of taxes for the
City of Old Town as those against whom taxes are assessed. Failure
of any property owner to receive a notice of public hearing shall
not necessitate another hearing or invalidate any action by the Planning
Board.
(c)
The request shall be in order for hearing at the next meeting of
the Planning Board.
(d)
At any hearing a party may appear by agent or attorney. Hearings
shall not be continued to other times except for good cause.
(e)
The appellant's case shall be heard first. To maintain orderly procedure,
each side shall proceed without interruption. Questions may be asked
through the chair. All persons at the hearing shall abide by the order
of the chairman.
(f)
A right of appeal under the provisions of this chapter secured by
vote of the Planning Board shall expire if the work or change involved
is not commenced within one year of the date of which the special
exception is granted.
(g)
If the Planning Board shall deny a request for special exception,
a second request of a similar nature shall not be brought before the
board within two years from the date of the denial by the board of
the first request, unless in the opinion of a majority of the board,
substantial new evidence shall be brought forward, or unless the board
finds in its sole and exclusive judgment, that an error or mistake
or law or misunderstanding of facts shall have been made.
It shall be unlawful for any structure, building or use of premises
previously authorized by special exception permit to be enlarged or
expanded without securing, prior to such enlargement or expansion,
a new permit therefor pursuant to the provisions of this section.
