A.
The purpose of this article is to establish the procedures and standards
to enable the City to review applications for conditional use permits.
B.
A conditional use is a use that the City has determined to be generally
appropriate within a zone but that has the potential for creating
undue or unusual impacts on the public health, safety, and welfare,
surrounding properties, the natural environment, or on municipal services
and therefore requires case-by-case review and approval in accordance
with the provisions of this article.
A.
Prior to submitting a formal application for conditional use approval,
the applicant and/or his or her representatives should meet with the
Planning Director to informally discuss the proposed application and
the review process. The purpose of this meeting is informational to
allow the applicant to understand the process and clarify any questions
before submitting a formal application.
B.
An application for conditional use approval shall be made to the
Planning Director on forms provided for that purpose.
C.
The application form shall be accompanied by the supporting materials set forth in §§ 280-16-6G and 280-16-G(2)(d)[10] and an application fee as established by the City Council.
D.
Upon receipt of an application, the Planning Director shall review
it for completeness within ten (10) days and shall refer it to other
departments for review. If the application is complete, the Planning
Director shall place it on the Planning Board's agenda. If the application
is not complete, the Planning Director shall provide the applicant
with a written description of the additional information required.
E.
Within forty-five (45) days of the application being determined to be complete, the Board shall notice and conduct a public hearing in conformance with § 280-4-1
[Amended 5-7-2019 by Order
No. 19-258-01[1]]
[1]
Editor's Note: This ordinance also repealed former Subsections
F, G and H, regarding notice and public hearing, and redesignated
former Subsection I as Subsection F.
F.
Within thirty (30) days of the initial consideration of the application
by the Planning Board, the Planning Board shall act to approve, approve
with conditions, or deny the application. The period for consideration
of the application may be extended by mutual agreement of the applicant
and Planning Board.
[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.
(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.
A.
The Planning Board shall approve a conditional use application, or
approve it with conditions, if it makes a positive finding, based
on the information presented, that the proposed use, with any conditions
attached, meets the following standards:
(1)
The proposed use will not place a burden on municipal services
which, due to its location or the characteristics of the site or proposed
development, is significantly greater than the burden that would result
from similar uses in other situations;
(2)
The proposed use will not create hazards to vehicular or pedestrian
traffic on the roads and sidewalks serving the proposed use as determined
by the size and condition of such roads and sidewalks, lighting, drainage,
volume and intensity of use by both pedestrians and vehicles, reduction
in level of service, need for infrastructure improvements including
but not limited to intersection traffic controls, and the visibility
afforded to pedestrians and the operators of motor vehicles;
[Amended 4-19-2022 by Order No. 22-151-01]
(3)
The proposed use will not cause water pollution, sedimentation,
or erosion, contaminate any water supply or reduce the capacity of
the land to hold water so that a dangerous, aesthetically unpleasant,
or unhealthy condition may result;
(4)
The proposed use will not create unhealthful conditions because
of smoke, dust, or other airborne contaminants;
(5)
The proposed use will not create nuisances to neighboring properties
because of odors, fumes, glare, hours of operation, noise, vibration
or fire hazard, or unreasonably restricted access of light and air
to neighboring properties;
(6)
The proposed location for the use has no peculiar physical characteristics
due to its size, shape, topography, or soils which will create or
aggravate adverse environmental impacts on surrounding properties;
(7)
The proposed use has no characteristics that are atypical of
the general category of use that will depreciate the economic value
of surrounding properties; and
(8)
If located in the Shoreland Overlay Zone, the proposed use will
not result in damage to spawning grounds, fish, aquatic life, bird
and other wildlife habitat; will conserve shoreland vegetation; will
conserve visual points of access to waters as viewed from public facilities;
will conserve actual points of access to waters; will conserve natural
beauty; and will avoid problems associated with floodplain development
and use.
(9)
A proposed ground-mounted commercial solar system or utility solar
system in the Rural Residential Zone (RR) shall minimize impacts on
prime or unique farmland soils, farmland soils of statewide significance,
and active farmland.
[Added 4-7-2020 by Order No. 19-772-01]
(10)
A proposed Utility Solar System in the Residential Development Overlay
Zone shall:
[Added 5-3-2022 by Order No. 21-494-01]
(a)
Provide an analysis that demonstrates it is not economically feasible
to extend a compact pattern of residential development because of
the physical and natural features of the property. The analysis shall
review topography and natural features including, but not limited
to streams, rivers, ponds, wetlands, flood plains, rock outcrops,
steep slopes, soil conditions, and critical habitats on the site within
the context of meeting state and local regulations for development,
but exclude the cost of extending required public sewer and water
services to the property.
(b)
Minimize impacts on existing abutting residential development and/or
residential zones.
(11)
A proposed retail use allowed in the Industrial Business (IB) Zone
shall provide a traffic impact analysis that assesses development
impacts on level of service and safety on the street network and improvements
that may be warranted for mitigation of impacts. The traffic impact
analysis shall be prepared by a Maine licensed professional engineer
and conform with Maine Department of Transportation Rules and Regulations
Pertaining to Traffic Movement Permits.
[Added 4-19-2022 by Order No. 22-151-01]
B.
Nonprofit service organization. In addition to the requirements of
this section and any other applicable section of the City's ordinances,
the minimum lot size for this use is ten (10) acres.
[Added 3-6-2007; amended 9-20-2022 by Order No.
22-440-01]
C.
Horse shows. In addition to the requirements of this section and
any other applicable section of the City's ordinances, the minimum
lot size for this use is twenty (20) acres.
[Amended 3-6-2007; amended 9-20-2022 by Order No.
22-440-01]
D.
Antiques stores. In addition to the requirements of this section
and any other applicable section of the City's ordinances, the following
guidelines shall be used in the review of applications:
[Added 7-20-2010]
(1)
The limits of outdoor display will be determined by the Planning
Board during site plan review such that they are found to be consistent
with the character of the neighborhood.
(2)
No stripping of antiques and/or furniture is permitted on the
premises.
(3)
Signs shall be of residential character on simple posts and/or attached to the building and shall be consistent with the requirements of § 280-14-13. If a sign is illuminated it shall be of low wattage, not create a public hazard or nuisance, and be compatible with the character of the property and the surrounding neighborhood.
[Amended 12-19-2017 by Order No. 17-163-01]
(4)
Exterior lighting shall be of residential style.
(5)
The business shall be owner-occupied.
(6)
The building for the proposed antique store shall have been
in existence at least ten (10) years as of the date of the application.
(7)
Any additional conditions determined by the Planning Board at
the time of review.
E.
Commercial schools. In addition to the requirements of this section
and any other applicable section of the City's ordinances, the following
guidelines shall be used in the review of applications for commercial
schools:[1]
(1)
All activities shall be conducted within a fully enclosed building.
(2)
Adequate off-street parking shall be provided, the number of
spaces to be based on the maximum capacity as determined by the Fire
Chief divided by three (3).
(3)
Signs shall be of residential character on simple posts and shall be consistent with the requirements of § 280-14-13. If a sign is illuminated, it shall be of low wattage, not create a public hazard or nuisance, and be compatible with the character of the property and the surrounding neighborhood.
[Amended 12-19-2017 by Order No. 17-163-01]
(4)
Exterior lighting shall be of residential style.
(5)
The activity may be a stand-alone business or as an accessory
use to a residence as long as the business is owned by the resident
of the residence.
(6)
Review and approval by the Planning Board is required, the classification
of the site plan to be determined by the Planning Director based on
the size of the structure and requirements of the ordinance.
[1]
Editor's Note: Former Subsection E, Nonprofit medical marijuana
dispensary, was repealed 3-5-2019, confirmed 7-9-2019 by Order No.
18-553-01. This ordinance also redesignated former Subsection F as
Subsection E.
The Board may attach conditions to its approval of a conditional
use. These conditions may include, but are not limited to, requirements
such as:
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.
A.
Provided that all conditions and standards of approval are met, a
conditional use shall be a continuing grant of permission for as long
as the property is used for such purposes. The conditional use shall
expire if the owner abandons the conditional use by:
B.
A conditional use may be expanded in area or function only with the
granting of a new conditional use approval by the Planning Board.
C.
Construction, or occupancy if no construction is involved, shall
commence within one (1) year of Planning Board approval of the conditional
use and a certificate of occupancy issued within three (3) years of
approval. If construction or occupancy is not commenced or a certificate
of occupancy issued within these time limits, the conditional use
approval shall be null and void. The Planning Board may extend these
time limits upon written request of the applicant and a finding that
such extension is consistent with current requirements.
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.
