Conditional use permit (CUP). The following are eligible for
a CUP:
The Planning Board shall review and approve, or approve with
conditions, or deny applications for a conditional use permit.
A.
Applicants shall submit a complete application.
B.
If the development proposal under conditional use permit review is
also subject to site plan review, conditional use permit review, and
site plan review may occur simultaneously.
C.
Waiver.
(1)
Applicants may submit a written request for a waiver of submission
requirements with their conditional use permit application.
(2)
The Planning Board may grant a waiver(s) of application submission
requirement(s) if it finds that, due to special circumstances of a
particular plan, the submission of required exhibits is not necessary
or is inappropriate because of the nature of the proposed development.
(3)
The Planning Board may request additional information as it
deems necessary for proper review to ensure that sufficient information
is presented to the Planning Board when it initially reviews an application.
D.
An application is not deemed to be complete until declared to be
so by vote of the Planning Board, which may, in any case, request
additional information and materials.
E.
Public hearing requirements for a conditional use permit.
(1)
For each application for a CUP, the Planning Board shall conduct
a public hearing.
(2)
Notice of the public hearing shall be posted in City Hall at
least 14 days before the public hearing. Notice shall state the property
involved, the nature of the application, and the time and place of
the public hearing.
[Amended 12-19-2022]
(4)
The Planning Board shall also notify all property owners within
200 feet when the applicant's property is located in the HDR District
or any business district, and within 600 feet of the property when
the applicant's property is located in any other zoning district.
The Planning Board shall cause a list of such property owners to be
drawn from the Assessor's records, and such notices to property owners
shall be sent by mail at least 14 days prior to the date set for the
public hearing.
[Amended 12-19-2022]
(5)
The Planning Board shall not continue hearings to a future date
except for good cause.
F.
Conditions of approval. The Planning Board may attach conditions
to further the purposes of this chapter. These conditions include,
but are not limited to, specifications for type of vegetation and
sewage disposal and water supply facilities, landscaping and planting
screens, operational hours, operational controls, professional inspection
and maintenance, sureties, deed restrictions, restrictive covenants,
type of construction, or any other reasonable conditions necessary
to fulfill the purposes of this chapter.
G.
Appeals. An aggrieved person may appeal a Planning Board decision
on a conditional use application to the Maine Superior Court under
Rule 80B within 30 days from receipt of a written decision.
CUP Application submission requirements.
A.
A signed copy of the application.
B.
The name and address of the owner and conditional use permit application
with evidence of sufficient right, title, or interest in the premises
to permit the application to undertake the proposed use.
C.
Names, addresses, and Tax Map and lot number of all abutting property
owners.
D.
Building plans, which shall include line drawings of all sides of
the proposed building(s) that show, the first-floor plan, all elevations,
and the proposed construction material.
E.
A plan that includes the following information:
(1)
A map of the site with reference to surrounding area and existing
street locations.
(2)
A plan of the area showing the lot line dimensions, applicable
zone or zones, and the normal high-water mark, if applicable.
(3)
The location of all existing and proposed buildings and structures,
streets, easements, driveways, entrances, and exits on the site and
within 100 feet thereof.
(4)
All setbacks from bodies of water and lot lines.
(5)
Parking, loading and unloading areas with dimensions, traffic
patterns, access aisles, and curb radii.
(6)
The location and design of existing and proposed stormwater
systems, sanitary waste disposal systems and potable water supply,
and methods of solid waste storage and disposal.
(7)
A landscaping and buffering plan showing what will remain and
what will be planted, indicating botanical and common names of plants
and trees, dimensions, approximate time of planting and maintenance
plans.
(8)
Lighting details indicating type of fixtures, location, radius,
and intensity of light.
(9)
The location, dimensions, and details of signs.
(10)
The proposed use of all floor area.
(11)
Improvements such as roads, curbs, bumpers, and sidewalks with
cross sections, design details, and dimensions.
(12)
All existing physical features on the site and within 200 feet
of the site, including streams, watercourses, and existing woodlands.
(13)
Soil conditions as reflected by a medium-intensity survey (such
as wetlands, rock ledge, and areas of high-water table). The City
Planner or Planning Board may require a high-intensity soils survey
where necessary.
(14)
A narrative and sketch sufficient to describe trees and other
vegetation located on the site. The City Planner or Planning Board
may require mapping of trees proposed to be preserved as part of the
site and landscaping plans presented for approval.
(15)
Topography showing existing and proposed contours at five-foot
intervals for slopes averaging 5% or greater and at two-foot intervals
for land of lesser slope. A reference benchmark shall be clearly designated.
Where variations in the topography may affect the layout of buildings
and roads, the City Planner or Planning Board may require that the
topographic maps be based on an on-site survey.
F.
The application for conditional use permit review for business, commercial,
and industrial uses shall also include:
(1)
A written description of the proposed operations in sufficient
detail to indicate the degree to which the operations will create
traffic congestion, noise, toxic or noxious matter, vibration, odor,
heat, glare, air pollution, waste, and other objectionable effects,
along with engineering and architectural plans for mitigating such
effects.
(2)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(3)
A list of all hazardous materials to be hauled, stored, used,
generated, or disposed of on the site, and state or federal permits
required.
(4)
Completed industrial waste discharge application.
In order to process applications more efficiently, certain conditional
uses, due to the limited nature of the proposed use, may be reviewed
by the Planning Office, as authorized in 30-A M.R.S.A. § 4353.
The Planning Office may, however, decline to review an application
requesting approval for a minor conditional use and forward such application
to the Planning Board. Only uses that meet all of the following applicability
standards may be reviewed as minor conditional uses:
A.
Applicability. This article shall apply to:
(1)
Home occupations in which there is no point of purchase for
retail merchandise at the home. Phone and mail order businesses, wholesale
businesses and other similar businesses may be reviewed as minor conditional
uses.
(2)
Home occupations in which the required number of parking spaces
for all uses on the lot does not exceed four spaces.
(3)
Home occupations in which there are not significant exterior
alterations to the building or site.
(4)
Two-family dwellings.
B.
Administration.
(1)
Application contents. An application for a minor conditional use shall include four copies of the information required under § 230-1404.
(2)
Notice and public comment. Upon receipt of an application for
minor conditional use, the Planning Office shall send a notice of
the application, including the name of the applicant, address of the
applicant, the nature and address of the proposed use, to all property
owners within 200 feet. The notice shall also include a deadline for
comment on the application, to be 10 calendar days from the date of
the notice.
(3)
Time frame for decisions. The Planning Office shall act upon
all applications for minor conditional uses, approval, or referral
to the Planning Board, within five days of the close of the public
comment period.
C.
Criteria for approval. Minor conditional use applications shall be approved, or approved with conditions, by the Planning Office unless the proposed use does not satisfy the approval criteria in § 230-1403, or other relevant sections of this chapter, or other local, state and federal laws. Notice of decisions by the Planning Office shall be provided to those parties detailed above in § 230-1405B. If, in the opinion of the Planning Office, an application does not meet the applicability criteria set out in § 230-1405B, then the application shall be referred to the Planning Board for a full conditional use review.
D.
Planning Board jurisdiction. The Planning Board shall review any
application for a minor conditional use upon a determination by the
Planning Office that the potential impacts from a proposed use warrant
a public hearing before the Planning Board. Upon referral to the Planning
Board, the applicant shall submit a full application for conditional
use.
A.
Standards for a CUP. It is the applicant's burden to establish that
the proposal satisfies each of the following standards:
(1)
The proposed use will meet the definition and specific requirements
set forth in this chapter and will comply with applicable state or
federal laws.
(2)
The proposed use will not impede vehicular and pedestrian circulation,
or access for emergency responders, nor create hazards on site and
on adjacent streets. The proposed exterior lighting will not create
hazards to motorists traveling on adjacent public streets, is adequate
for the safety of occupants or users of the site and will not damage
the value and diminish the usability of adjacent properties.
(3)
The provisions for buffers and on-site landscaping will provide
adequate protection to neighboring properties from detrimental features
of the proposal.
(4)
The proposed use will not have a significant detrimental effect
on the use and peaceful enjoyment of abutting properties as a result
of noise, vibrations, fumes, odor, dust, glare, fire hazard, hours
of operation, nor unreasonably restrict access to light and air, or
other cause.
(5)
The proposed use will not have a significant detrimental effect
on the value of adjacent properties that could be avoided by reasonable
modification of the plan.
(6)
The design of the project will not result in significant flood
hazards or flood damage and will be in conformance with applicable
flood hazard protection requirements.
(7)
Adequate provision has been made for disposal of wastewater
and solid waste and for the prevention of ground or surface water
contamination.
(8)
The proposed use will not have an adverse impact on significant
scenic vistas or on significant wildlife habitats that could be avoided
by a reasonable modification of the plan.
(9)
The use will not cause safety hazards for pedestrians, cyclists,
and operators of motor vehicles, and will not result in a decrease
in the Level of Service (LOS)D at nearby intersections or at the project
driveway during the peak hour. However, the Planning Board may approve
the application under the following circumstances if it finds that
an adequate level of safety can be attained through imposing certain
conditions of approval:
(a)
At signalized intersections where the level of service is already
below LOS D;
(b)
At signalized intersections predicted to drop below LOS D where
physical improvements cannot be made to attain LOS D;
(c)
At unsignalized intersections where physical improvements cannot
be made to improve the level of service to LOS D;
(d)
Where warrants for a traffic signal are not met; or
(e)
Where signal installation is not desirable.
B.
These conditions of approval may include as upgrades in signalization,
one-way driveways, prohibiting certain turning movements, construction
of turning lanes, sidewalks, bicycle paths, or other improvements,
or through implementation of transportation demand management measures.
C.
Additional standards for projects situated within the RPOD, SLOD,
and CDOD Districts. The Planning Board shall find that the proposed
conditional use:
(1)
Will maintain safe and healthful conditions.
(2)
Will not result in water pollution, erosion, or sedimentation
to surface waters.
(3)
Will adequately provide for the disposal of all wastewater.
(4)
Will not have an adverse impact on spawning grounds, fish, aquatic
life, bird, or other wildlife habitats.
(5)
Will conserve shore cover and visual, as well as actual, points
of access to inland and coastal waters.
(6)
Will protect archaeological and historic resources in accordance
with the Comprehensive Plan.
(7)
Will not adversely affect existing commercial fishing or maritime
activities in the CE District.
(8)
Will avoid problems associated with floodplain development and
use.
(10)
If located in a structure, the structure is located in an approved
subdivision and will not violate any other local ordinance or regulation
or any state law.
D.
Additional standards for offices in residential districts:
(1)
In order to preserve neighborhood character, offices shall be located only within converted residential structures, except as allowed in Subsection D(4) below.
(2)
Parking for offices shall be located to the side or rear of
the building.
(3)
All outdoor lighting shall be shielded to avoid glare and light
trespass.
(4)
In special situations where a building is extremely dilapidated
and structurally unsound and where reuse is therefore not practicable
or economically feasible or where a building is not judged to be a
significant component of the neighborhood's overall architectural
and historic character, the Planning Board may approve plans to replace
an existing residential building with a new office building whose
scale and design would be compatible with the neighborhood. The Planning
Board shall obtain the recommendation of the Saco Historic Preservation
Commission before granting permission to demolish. In the Historic
District, and on historic sites, the decision on demolition shall
rest entirely with the Historic Preservation Commission.
(5)
Outdoor storage is prohibited.
A.
Construction, or occupancy if no construction is involved, shall
commence within 24 months of the issuance of a conditional use permit.
If construction or occupancy is not commenced within this period,
the conditional use permit shall be null and void. The deadline may
be extended for one additional year by the Planning Board or City
Planner, upon a written request. The request for an extension must
be submitted before the date of expiration of the CUP. After the CUP
has expired, or an extension is denied by the Planning Board, the
applicant may reapply for a CUP at any time without prejudice.
B.
Requests for extensions shall be approved unless one or more of the
following occurs:
If a conditional use permit is denied, a second request of a
similar nature shall not be resubmitted within two years from the
date of the first request, unless, in the opinion of the majority
of the Planning Board, substantial new evidence is brought forward,
or unless the Planning Board finds that an error of law or misunderstanding
of facts has been made, or unless amendment has been made to this
chapter which changes the status, circumstances, or conditions of
the application which was originally submitted.
Conditional uses may be permitted in buildings that are nonconforming
in respect to dimensional standards.
