Bucksport City Zoning Code
ARTICLE X
Performance Criteria
§ 100-62 Required findings.
Before any Level 1 or Level 2 review application may be approved, the reviewing authority must confirm there is clear and convincing documentation in the record to support a finding that the land use meets the applicable performance criteria listed in this section.
A.
Sections 100-63, 100-64, 100-65, 100-66, 100-67 and 100-68 each contain a single criterion for which a written finding must be made by the reviewing authority. In making the finding, the reviewing authority shall consider the specific objectives or standards referenced in the section that are applicable to the proposed land use. The reviewing authority shall also note any conditions of approval that apply to the criterion. If a criterion does not reference any objective or standard that is applicable, the reviewing authority shall make a finding that the criterion is not applicable.
B.
A land use application is deemed approved if the reviewing authority finds that all applicable performance criteria have been met.
C.
A land use application is deemed denied if the reviewing authority finds that any performance criterion has not been met.
D.
If a Level 1 review application is denied, the CEO shall provide the applicant a written explanation for the denial.
E.
If a Level 2 review application is denied, the Planning Board shall provide the applicant a written explanation of the denial, including an explanation for its vote from each member opposed to the approval.
§ 100-63 Environment.
A.
Criterion. The reviewing authority shall find that a proposed land use will have no impact on the environment that is contrary to the purposes of this chapter, if there is clear and convincing documentation in the record verifying that the following objectives have been met:
(1)
Soils are suitable for the land use;
(2)
Stormwater runoff from the land use is minimized to the greatest practical extent and adequately managed to reduce the risk of relevant detrimental effects;
(3)
Soil that may be exposed during any soil disturbance activity of the land use is adequately protected from unreasonable erosion and sedimentation;
(4)
Surface and subsurface waters are adequately protected from the detrimental effects of any water pollutant from the land use;
(5)
The ambient air environment is adequately protected from the detrimental effects of any air pollutant from the land use;
(6)
Significant wildlife habitat, and other important habitat as identified in the Bucksport Comprehensive Plan, as adopted, are adequately protected from any relevant detrimental effect of the land use; and
(7)
Vegetation within any applicable shoreland district is protected from excessive cutting or removal.
§ 100-64 Special areas.
A.
Criterion. The reviewing authority shall find that a proposed land use will have no impact on special areas that is contrary to the purposes of this chapter, if there is clear and convincing documentation in the record verifying that the following objectives have been met:
(1)
Areas of prehistorical and historical importance are adequately protected from any relevant detrimental effect of the land use;
(2)
Vistas of scenic value are adequately protected from any relevant detrimental effect of the land use;
(3)
Areas for public access to water bodies, wetlands and areas developed with commercial fisheries and maritime activities are adequately protected from any relevant detrimental effect of the land use;
(4)
Areas of flood hazard are adequately protected from any relevant detrimental effect of the land use;
(5)
And areas with unique natural character identified in the Bucksport Comprehensive Plan, as adopted, are adequately protected from any relevant detrimental effect of the land use.
§ 100-65 Local areas.
A.
Criterion. The reviewing authority shall find that a proposed land use will have no impact on local areas that is contrary to the purposes of this chapter, if there is clear and convincing documentation in the record verifying that the following objectives have been met:
(1)
The scale and site features of the land use are consistent with the development patterns in the local area or neighborhood;
(2)
The land use is appropriately separated and shielded from abutting land uses and public or private ways to adequately mitigate any relevant detrimental effect;
(3)
Any relevant detrimental effects of electromagnetic fields from the land use are adequately mitigated;
(4)
Any relevant detrimental effects of artificial lighting from the land use are adequately mitigated;
(5)
Any relevant detrimental effects of noise from the land use are adequately mitigated;
(6)
Any relevant detrimental effects of nuisance odors from the land use are adequately mitigated;
(7)
The solar gain utilized by active or passive solar energy collection systems that may be impacted by the land use is adequately protected;
(8)
Any relevant detrimental effects of smoke and dust from the land use are adequately mitigated; and
(9)
Any relevant detrimental effects of subterranean vibration from the land use are adequately mitigated.
§ 100-66 Public safety.
A.
Criterion. The reviewing authority shall find that a proposed land use will have no impact on public safety that is contrary to the purposes of this chapter, if there is clear and convincing documentation in the record verifying that the following objectives have been met:
(1)
The quantity and quality of public and private drinking water supplies are adequately protected from any relevant detrimental effects of the land use;
(2)
The safety and sufficiency of energy supply services are adequately protected from any relevant detrimental effects of the land use;
(3)
Public safety services are adequately protected from any relevant detrimental effects of the land use;
(4)
Public wastewater facilities are adequately protected from any relevant detrimental effects of the land use;
(5)
The proper management of solid wastes is adequately protected from any relevant detrimental effects of the land use; and
(6)
The safety and sufficiency of streets and sidewalks are adequately protected from any relevant detrimental effects of the land use.
(7)
The accessibility of public property and public buildings is adequately protected from any relevant detrimental effects of the land use.
§ 100-67 Specific uses.
A.
Criterion. In addition to finding that the applicable criteria identified in §§ 100-63, 100-64, 100-65 and 100-66 have been met, before a land use may be approved, the reviewing authority must find that there is clear and convincing documentation in the record verifying that the land use has met all applicable specific use standards in Article VIII.
§ 100-68 Dimensions.
A.
Criterion. In addition to finding that the applicable criteria identified in §§ 100-63, 100-64, 100-65, 100-66 and 100-67 have been met, before a land use may be approved, the reviewing authority must find that there is clear and convincing documentation in the record verifying that the land use has met all applicable dimensional standards in Article IX.
