[Amended 8-21-2018 by Order No. 18-348-01]
Applications for a mental health and abuse clinics, shall also
meet the following criteria:
A. Location criteria.
(1)
No clinic may be located within one-half (1/2) mile (walking
distance) of any church, school, family child-care home, child-care
center or nursery school, or public park or playground.
(2)
No clinic may be located within the bounds of the following
revitalization and/or growth areas: Sanford Downtown, Lafayette Circle
and Springvale Village.
B. Neighborhood compatibility standards. No approval shall be recommended
if the Planning Board finds that the granting of the license will
violate one (1) or more of the following neighborhood compatibility
standards:
(1)
Neither the proposed use nor the proposed site on which the
use will be located is of a character such that the use will have
significant adverse impact on the value or quiet possession of surrounding
properties. The Planning Board shall not find that this standard is
satisfied unless:
(a)
The size of the proposed use is comparable to the size of surrounding
uses;
(b)
The amount and type of traffic to be generated, hours of operation,
expanse of pavement, and the number of parking spaces are comparable
to surrounding uses;
(c)
The generation of noise, dust, odor, vibration, glare, smoke,
litter and other nuisances is comparable to that generated by surrounding
uses;
(d)
The impact of the use on the quality and quantity of groundwater
available to abutting properties is comparable to that for surrounding
uses;
(e)
Unusual physical characteristics of the site, including size
and shape of the lot, topography, and soils, do not aggravate adverse
impacts upon surrounding properties.
(2)
Vehicular and pedestrian access and circulation to, from, into
and within the site will be safe, and no public way will be overburdened
or made hazardous as a result of the new use and/or development of
the property.
(a)
The Planning Board may not find that this standard has been
satisfied unless:
[1] Vehicular access to the site will be on roads which
have adequate capacity to accommodate the additional traffic generated
by the development. Adequate capacity means that: Intersections on
major access routes to the site within a one-half (1/2)-mile radius
of any entrance road will function after development, at a minimum,
at Level of Service C, as defined in Maine Department of Transportation
regulations, 17-229 CMR Ch. 305, Rules and Regulations Pertaining
to Traffic Movement Permits (2000); or
[2] If any such intersection is functioning at a Level
of Service D, as defined in Maine Department of Transportation regulations
Chapter 305, cited above, or lower prior to the development, the project
will not reduce the current level of service.
(b)
The Planning Board may recommend approval of an application
not meeting this requirement if the applicant demonstrates that a
public agency has committed funds to construct the improvements necessary
to bring the level of service to said standard, or the applicant will
assume financial responsibility for the improvements necessary to
bring the level of service to said standard and will guarantee the
completion of the improvements within one (1) year of approval of
the license.
(3)
The topography of the site shall permit the construction of all driveways, entrances or proposed streets to meet the standards set forth in §§
280-14-4,
280-15-5,
275-35 and
275-51.
(4)
Adequate facilities are present to assure the safety of pedestrians
passing by or through the site.
(5)
Municipal or other facilities serving the proposed use will
not be overburdened or made hazardous. The Planning Board shall not
find that this standard is satisfied unless:
(a)
The capacity of sewerage and water supply systems is adequate
to accommodate the proposed use;
(b)
The capacity of the storm drainage system is adequate to accommodate
the proposed use; and
(c)
The ability of the fire department to provide necessary protection
services to the site and development is adequate.
(6)
The soils on the proposed site shall have adequate capacity
and stability to support all loadings, including fill, developed by
the proposed use, and the use will not cause unreasonable soil erosion
or reduction in the capacity of the land to hold water to the extent
that a dangerous or unhealthy condition may result on the site or
the land of abutters. In considering whether this standard is satisfied,
the Planning Board shall take into account the elevation of the site
and surrounding properties above sea level, its relation to floodplains,
the slope and vegetation of the land and their effects on drainage.
(7)
The design of the proposed structures with respect to materials,
scale and massing shall be compatible with existing structures within
five-hundred (500) feet of the site in areas where the existing structures
are of a similar scale and architectural treatment.
C. Screening requirements. All clinics shall be required to erect and
maintain opaque fencing to provide an effective visual screen at least
six (6) feet in height, to be located along side and rear property
lines that abut properties in residential use. Said fencing is intended
to screen the clinic entrance and parking lot from ordinary view from
all directly adjoining properties.
The Board may attach conditions to its approval of a conditional
use. These conditions may include, but are not limited to, requirements
such as:
A. Off-site street improvements to address impacts generated by the
proposed conditional use.
F. Performance guarantees for off-site improvements.
If the Planning Board denies a conditional use application,
a second request of a similar nature shall not be brought before the
Planning Board within one (1) year from the date of denial of the
first request, unless:
A. In the opinion of the majority of the Planning Board, substantial
new evidence has been brought forward;
B. The Planning Board finds that an error of law or misunderstanding
of facts has been made; or
C. An amendment to this chapter has changed the status, circumstances,
or conditions of the matter which was brought before the Planning
Board.
Any permit or approval granted hereunder is subject to all elements
of the final plans and specifications submitted by the applicant and
to all representations, oral or written, made by or on behalf of the
applicant in support of the application or with respect to the nature
and scope of the use, activity or work proposed, and all such permits
or approvals shall include, as an express condition, a written statement
to said effect.
Appeal from an action of the Planning Board on a conditional
use application shall be to the Superior Court in accordance with
state law.