City of Saco, ME Article XVII Amendments

§ 230-1701 Administration and enforcement.

A. On petition, or recommendation of the Planning Board, or on its own motion, the City Council may amend, supplement, or repeal the regulations and provisions of this chapter.

B. The City Council shall refer all proposed amendments to the Board for a report thereon. The Board shall hold a public hearing for consideration of the proposed amendment at least 10 days before the report is submitted to the City Council. Notice of the hearing before the Board shall be made in at least one newspaper of general circulation in the area with published notice including a small map of the area to be affected, and mailed notice also shall be made, all as required by 30-A M.R.S.A § 4352(9) and (10).

§ 230-1702 Amendments to shoreland zoning overlay districts.

The shoreland zoning overlay district provisions in this chapter may be amended by majority vote of the City Council, pursuant to the procedures in Article XV. Copies of amendments, attested and signed by the City Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the City Council. If the Commissioner fails to act on any amendment within 45 days of the Commissioner's receipt of the amendment, the amendment is automatically approved. An application for a permit received by the City within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

§ 230-1703 Petitions.

A. An application for change or amendment of the text and/or map of this chapter shall include the submittal of a written petition to the City Clerk setting forth the proposed change and the reasons therefor, which shall be promptly referred to the Planning Board for the setting of the hearing date, in accordance with this chapter. In the case of a proposed textual change, the petition shall clearly identify and describe that section or portion of the text to be changed and shall identify the proposed revision or amendment being requested.

B. In the case of a proposed map change, the petition shall include the legal description of the parcels of land involved, a scaled drawing of the parcel of land showing all boundary dimensions and the existing and total area, and the proposed zoning classification(s) applying to the parcel(s) of land.

C. The petitioner shall bear the cost of advertising (to notify the general public) and postage (to notify abutters and neighborhood property owners) of the change or amendment. The petitioner shall also furnish such additional information as may be necessary to enable the Planning Board to properly evaluate the petition.

§ 230-1704 Repetitive petitions.

A proposed change in this chapter which has been unfavorably acted upon by the City Council on the merits of the petition shall not thereafter be considered by the City Council for a period of two years, unless adoption of the proposed change is recommended by the unanimous vote of the Planning Board at a meeting where at least 2/3 of the full membership is present.

§ 230-1705 Contract zoning.

A. Purpose. Occasionally, competing and incompatible land uses conflict; and traditional zoning methods and procedures, such as variances, conditional use permits, and alterations to the zone boundaries, are inadequate to promote desirable growth. In these special situations, more flexible and adaptable zoning methods are needed to permit differing land uses in both developed and undeveloped areas, and at the same time recognize the effects of change. In consideration of a change in zoning classification for a particular property or group of properties, it may be determined that public necessity, convenience, or the general welfare requires that provisions be made to impose certain limitations or restrictions on the use or development of the property. Such conditions are deemed necessary to protect the best interests of the property owner, the surrounding property owners and the neighborhood, all other property owners and citizens of the City, and to secure appropriate development consistent with the City's Comprehensive Plan.

B. Authorization. Pursuant to 30-A M.R.S.A § 4352(8), contract zoning is hereby authorized for rezoning of property where, for reasons such as the unusual nature or the unique location of the property, the City Council finds its necessary or appropriate to impose, by agreement with the property owner, certain conditions or restrictions in order to ensure that the rezoning is consistent with the City's Comprehensive Plan. Contract zoning shall be limited to property for which a rezoning is requested by the owner or other person with sufficient right, title and interest. Nothing in this section shall be interpreted to permit an amendment that is not consistent with the Comprehensive Plan. Areas rezoned under this provision shall be consistent with, but not limited to, the existing and permitted (whether permitted or conditional) uses within the original zones. Contract zoning is permitted in all zones except RP. By "contract zoning," this section means both contract and conditional zoning as enabled in 30-A M.R.S.A § 4352(8).

C. Application. A request for a contract rezoning shall include a written petition to the Planning Board requesting a rezoning, including the following:

(1) Evidence of right, title, or interest in the property.

(2) A plot plan showing the boundaries of the parcel and its dimensions, as well as the existing and proposed buildings and structures.

(3) A plan showing the location of existing streets and driveways within 200 feet of the property.

(4) A detailed statement of the proposed use of the property and the precise zoning change requested.

(5) A statement explaining how it is consistent with the Comprehensive Plan, and permitted and existing uses within the original zone.

(6) A description of the property's unusual nature or unique location.

(7) A statement setting forth the conditions or restrictions that the applicant proposes.

(8) The Planning Board may propose additional conditions or restrictions.

D. Hearing and notice.

(1) The Planning Board shall conduct a public hearing before forwarding its recommendation to the City Council under this provision.

(2) Notice of the hearing shall be posted in City Hall at least 14 days before the public hearing.

(3) Notice shall also be published twice in a newspaper of general circulation, the date of first publication to be at least seven days before the hearing.

(4) Public hearing notices shall be mailed to the owner of the property to be rezoned and all abutters of that property. Property owners in residential (except HDR) and industrial districts, and the RP District shall be notified by mail if their property is within 600 feet of the applicant's property. Property owners in the HDR District, business, and mixed-use districts shall be notified by mail when the applicant's property is located within 200 feet. This notice shall be sent out at least 14 days prior to the public hearing. This notice must contain a copy of the proposed conditions and restrictions with a map indicating the property to be rezoned.

[Amended 12-19-2022]

(5) Public notice signage. The applicant shall obtain from the Planning Department and install a Notice of Application sign on the subject property in a location that is readily visible from nearby properties and public areas and easily accessible by City staff and members of the public. Documentation of sign installation shall be provided to the Planning Department. The sign shall be installed at least 14 days prior to the hearing and shall be removed following closure of the hearing by the Planning Board. The costs to manufacture and procure the sign shall be paid by the applicant in accordance with Chapter 83 of Saco's City Code.

[Added 12-19-2022[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection D(5) as Subsection D(6).

(6) Failure of any property owner to receive a notice shall not necessitate another hearing or invalidate any action by the Planning Board or City Council.

E. Conditions and restrictions. Conditions and restrictions imposed under this section shall relate only to the physical development and operation of the property and may include, by way of example:

(1) Limitations on the number and types of uses permitted;

(2) Conditions on the scale and density of development, including the height, lot coverage, and other space and bulk provisions;

(3) Specifications for the design and layout of buildings and other improvements;

(4) Schedules for commencement and completion of construction;

(5) Performance guarantees securing completion and maintenance of improvements, and guarantees against defects;

(6) Preservation of open space and buffers, and protection of natural areas and historic sites;

(7) Provision of municipal services required by the development;

(8) Provisions for enforcement and remedies for breach of any condition or restriction, including the timing of the effective date of the change and its repeal should conditions not be met;

(9) The dedication or conveyance of property for public purposes, including, but not limited to, streets, easements, parks, and utility systems.

F. Recommendation. Before forwarding a recommendation on a contract zoning amendment to the City Council, the Planning Board shall make a finding on each of the four standards in this subsection. A favorable recommendation to the Council requires a positive finding on all four standards. If the Planning Board makes a negative finding on any of the standards, its recommendation shall be negative. The Planning Board shall base its recommendation on whether:

(1) The rezoning is for land with an unusual nature or location;

(2) The rezoning is consistent with the Comprehensive Plan;

(3) The rezoning is consistent with, but not limited to, the existing uses and permitted uses within the original zone; and

(4) The conditions proposed are sufficient to meet the intent of this section.

G. Final action. Before amending this chapter for contract zoning, the City Council shall adopt the Planning Board's findings or other findings indicating that the rezoning is consistent with all four standards referenced above.

H. Status of amendments. Amendments to the Zoning Map and this chapter made under this section may be amended or repealed by the City Council.

I. Other permits. All applications for contract zoning are subject to site plan review. An applicant may seek other permits at the same time as the contract zoning as if the contract zoning were already in effect, or may seek them after the City Council has approved the zoning amendment. If the applicant seeks approval before final Council action on the amendment, the Planning Board shall make its approval of these other permits contingent on the City Council's approval of the contract zoning amendment.