This chapter shall be known and cited as the "Land Use Ordinance
of the Town of Windham, Maine" and will be referred to herein as "this
chapter" or "this ordinance."
A.
This chapter, adopted in accordance with a Comprehensive Plan pursuant
to the provision to 30-A M.R.S.A. § 4326 et seq., is designed:
(1)
To encourage the most appropriate use of land throughout the
municipality;
(2)
To promote traffic safety; to provide safety from fire and other
elements;
(3)
To prevent overcrowding of real estate;
(4)
To prevent housing development in unsanitary areas;
(5)
To promote coordinated development;
(6)
To encourage the formation of community units;
(7)
To provide an allotment of land area in new developments for
all the requirements of community life;
(8)
To conserve natural resources; and
(9)
To provide for adequate public services.
B.
This chapter does not excuse any person of the necessity of complying
with other applicable laws and regulations.
In the event that any section, subsection or any portion of
this chapter shall be declared by any court of competent jurisdiction
to be invalid for any reason, such decision shall not be deemed to
affect the validity of any other section, subsection or other portion
of this chapter; to this end, the provisions of this chapter are hereby
declared to be severable.
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of this chapter or of any other ordinance,
regulation or statute, the more restrictive provision shall control.
A.
All buildings or structures hereinafter erected, reconstructed, altered,
enlarged, or moved, and uses of premises, in the Town of Windham shall
be in conformity with the provisions of this chapter.
B.
No building, structure, land or water area shall be used for any
purpose or in any manner except as permitted within the district in
which such building, structure, land or water area is located.
C.
Notwithstanding any other provisions of this chapter, any alteration
of an existing building which is required in order to meet the requirements
of the Americans with Disabilities Act (ADA)[1] and/or the State Fire Code is not considered to be an
enlargement or expansion of a structure, or expansion of a use, and
is therefore not required to meet otherwise applicable setback requirements,
provided that the Code Enforcement Officer determines that the alterations
are the minimum necessary to satisfy the ADA and/or State Fire Code.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
For the purposes of this chapter:
A.
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation, as well as an individual.
B.
The present tense includes the future tense.
C.
Words used in the singular include the plural, and words used in
the plural include the singular.
D.
The word "shall" is mandatory; the word "may" is permissive.
E.
The word "used" or "occupied" includes the words "intended," "designed"
or "arranged to be used or occupied."
F.
The word "dwelling" includes the word "residence."
G.
The word "lot" includes the words "plot" and "parcel."
H.
In case of any difference of meaning or implication between the text
of this chapter and any map of illustration, the text shall control.
I.
Terms not defined shall have their customary dictionary meaning.
After review and recommendation by the Planning Board, this
chapter may be amended in accordance with the Town Charter.
[Amended 7-8-2014 by Order
14-223]
A.
Authority and purpose. Pursuant to 30-A M.R.S.A. § 4352(8),
conditional or contract zoning is hereby authorized for development
where, for reasons such as the unusual nature or unique location of
the development proposed, the Town Council finds it necessary or appropriate
to impose, by agreement with the property owner or otherwise, certain
conditions or restrictions not generally applicable to other properties
similarly zoned. All contract or conditional zoning under this section
shall establish rezoned areas which are compatible with the existing
and permitted uses within the original zones. Nothing in this section
shall authorize a rezoning, or an agreement to change or retain a
zone, which is inconsistent with the Town's Comprehensive Plan.
B.
Applicable conditions and restrictions. All conditions and restrictions
imposed shall relate only to the physical development and/or operation
of the property. This includes, but is not limited to, the following:
(1)
Limitations on the number and types of uses permitted;
(2)
Restrictions on the scale and density of the development;
(3)
Specifications for the design and layout of the buildings, structures,
and other improvements;
(4)
Schedules for commencement and completion of construction, including
anticipated schedules (i.e., beginning and completion dates) for all
construction phases;
(5)
Performance guarantees securing completion and/or maintenance
of public and private improvements, and guarantees against defects;
(6)
Preservation and enhancement of open spaces and buffers, and
protection of natural areas and historic sites;
(7)
Contributions toward the provisions of municipal services required
by the development; and
(8)
Provisions for enforcement and remedies for breach of any condition
or restriction.
C.
Submission requirements. All applications for conditional or contract
zoning shall contain, at minimum, 20 copies of the following plans
and related information:
(1)
A detailed written description of the proposal that includes
the following information:
(a)
The reason or reasons for the rezoning request.
(b)
How the proposal is in conformance with the Town's most recently
adopted Comprehensive Plan.
(c)
The current zoning district(s) applicable to the property.
(d)
The proposed conditions or restrictions regarding the use and/or
development.
(e)
Land uses on abutting property and how they relate to the proposed
use.
(2)
Application forms, as required.
(4)
A consulting and review fee in such amount as the Town Council may from time to time establish in the Fee Schedule. The fee shall be placed in escrow with the Town when the application is filed with the Planning Board. The fee shall be used by the Town in accordance with § 120-810C.
(5)
Evidence of right, title or interest in the property proposed
for contract or conditional zoning.
(6)
A copy of the Tax Map on which the property is located.
(7)
A draft contract agreement, if the Town Staff, Planning Board
or Council determines it to be necessary.
D.
Rezoning procedure. This subsection governs the procedure to be followed
after the Town has received a conditional or contract zone application.
(1)
Town Council. All required submission material shall be submitted
to the Windham Town Council at least 21 days prior to the meeting
at which the applicant wishes to be heard by the Council. The Town
Council may choose to send the application to the Planning Board with,
or without, suggested amendments.
(2)
Planning Board. All required submission material shall be submitted
to the Windham Planning Board at least 21 days prior to the date at
which the petitioner/property owner wishes to be heard by the Board.
The Planner, within 14 days, shall determine if the application is
complete. An application shall not be placed on the Planning Board's
agenda until it is found to be complete.
(3)
Public hearing. The Planning Board shall hold a public hearing.
(b)
Notification requirements. The Planning Board shall publicize
the public hearing as stated below. Notices shall be deemed given
when said notices are mailed, and the failure of any petitioner and/or
property owner to receive such notice shall not necessitate another
hearing, shall not constitute grounds for objections by such petitioner,
and shall not invalidate any recommendation by the Planning Board
on such zoning matter or any final action taken by the Town Council
thereon.
[1]
To the owner(s) of abutting property at least seven days prior
to the hearing.
[2]
Posted in the municipal office at least 13 days before the hearing.
[3]
Published, at least two times, in a newspaper having general
circulation in the Town of Windham. The date of the first publication
must be at least seven days before the hearing.
[4]
To a public drinking water supplier if the area to be rezoned
is within the supplier's source water protection area.
(4)
Planning Board recommendation. The Planning Board shall use
the following procedure when making a recommendation to the Council
on a conditional or contract zone application:
(a)
The Planning Board shall forward its report and recommendations
on the proposal to the Town Council after the Planning Board has taken
its final vote on the application.
(b)
The Planning Board's recommendation to the Town Council shall
address the proposal's conformance with the Town's Comprehensive Plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
The Planning Board's recommendation to the Town Council shall
address how the change establishes a rezoned area that is consistent
with the existing and permitted uses within the original zoning district.
(d)
The Planning Board's report shall include all proposed conditions
and restrictions, including those recommended by the Planning Board.
E.
Town Council approval. The Town Council may approve a conditional
or contract zoning if it finds that:
(1)
The change establishes a rezoned area that is consistent with
the existing and permitted uses within the original zoning district.
(2)
The change is consistent with the Comprehensive Plan. In making
its determination that the conditional or contract zone application
is in conformance with the Town of Windham's Comprehensive Plan, the
Town Council shall consider the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Additional requirements. The following additional requirements and
standards shall apply to conditional or contract zone applications:
