The planning board is authorized to hear and decide upon applications for conditional use permits in accordance with state law and the provisions of this chapter.

(Code 1983, § 15-803(1))

The planning board shall hear and approve, approve with modifications or conditions, or disapprove all applications for conditional use permits. A conditional use permit may be granted for uses specifically listed in this chapter and for special but commonly accepted accessory uses such as swimming pools.

(Code 1983, § 15-803(2); T.M. of 5-20-1996, art. 63, § 15-803)

(a)

Application required. Any person advised by the planning director that a proposed use requires a conditional use permit from the Town of Lisbon Planning Board, shall submit a written application to the planning director on a form provided by the town. All applications shall be signed by the owner of the property, or other duly authorized person applying for the permit, certifying that the information on the application together with any submissions or supporting data, is complete and correct. All applications shall be dated upon submission to the codes enforcement office, noting on each application the time and date of its receipt. Ten copies of each application, together with additional submissions and supporting data, shall be filed.

(b)

Application requirements. Each application shall contain, as a minimum, the following submission requirements:

(1)

A complete set of plans in accordance with the submission requirements for preliminary plans under section 66-52(3) of the Town of Lisbon Subdivision Ordinance.

(2)

A statement addressing all of the applicable factors listed in section 70-194 of this zoning ordinance.

(3)

If the applicant is not the owner of the property, then a letter of intent from the owner authorizing the application as submitted and noting that it is provided with the full authority of the owner.

(c)

Planning director action. Upon receipt of the application required under subsection (a) above, the planning director, or their designee, shall:

(1)

Note on each copy of the application, the date and time of receipt in the planning office.

(2)

Review each application to determine whether the submission requirements under subsection (b) above have been met, and to determine the next scheduled meeting, no sooner than 14 days after the date of filing of the application, at which the planning board may consider the application. If additional information from town staff is required, the planning director or their designee may refer the application to the appropriate staff member for staff review of the plan and for comments or recommendations on the application.

(3)

If an application is deemed to meet all of the submission requirements, then the planning director shall schedule a public hearing before the planning board on the application and notify all abutters and the general public, in accordance with the notice requirements set forth below.

(4)

If the applicant has not met all submission requirements, then the planning director or their designee shall notify the applicant in writing of any additional submission requirements that need to be provided in order to meet the application requirements of subsection (b) above. If the planning director or their designee is uncertain, or needs input from the planning board regarding submission requirements, then the matter may be placed on the next planning board agenda for the sole purpose of determining what, if any, additional submissions will be required prior to processing the application. In this instance, no public hearing shall be scheduled until at least 14 days after receipt of any required additional submissions.

(d)

Notice requirements. The planning director shall provide notice of the filing of an application to all abutters. Abutters shall be defined as those property owners as designated in the Town of Lisbon tax records, of all properties immediately adjacent to the property subject to the conditional use application, and any other properties directly across any street or right-of-way from that property. The planning director or their designee shall also provide notice of any public hearing by causing a notice of that public hearing identifying the applicant, the property, nature of the conditional use, and the time, date and place of the hearing, in a newspaper of general circulation within the Town of Lisbon, with copies by regular mail to all abutters at least seven days prior to the hearing date. The notice of filing of the application and the notice of public hearing may be combined into a single notice. Notice of planning board review of submission requirements shall be sent by regular mail to all abutters at least seven days prior to the meeting at which same shall be considered and may be combined with the abutters notice of filing.

(e)

Planning board action. Once referred to the planning board and included on a planning board meeting agenda, the application shall be processed as follows:

(1)

If the application has been referred to the planning board to determine whether or not application requirements have been met, then the board shall review the submissions and make that determination and also determine whether any supplemental information will be required. If the planning board determines that all submission requirements have been satisfied and no additional information required, then they shall instruct the codes enforcement officer to schedule a public hearing on the matter not less than 14 days after the board meeting date at which the determination of completeness has been made.

(2)

If the planning board determines that all submissions requirements have not been met or that supplemental information is required to be provided under the provisions of subsection 70-195(b), then the applicant shall be notified of what information needs to be submitted in order to satisfy application requirements, and any additional information required under subsection 70-195(b). Upon submission of that information to the codes enforcement office, a public hearing will be scheduled, not less than 14 days from the date that completed submissions have been provided.

(3)

Where the application is scheduled on the planning board agenda for a public hearing, and appropriate notices as required have been provided, the planning board shall conduct a public hearing on the application.

(4)

Once the public hearing has been completed, the board, at that meeting or at a subsequently held meeting, shall proceed to hear the application and to determine whether the conditional use application is approved, approved with conditions, or denied.

(f)

Owner defined. The owners of property shall be considered to be those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the planning board.

(g)

Representation by attorney; continuance. At any hearing, a party may be represented by agent or attorney. Hearings shall not be continued to other times except for good cause.

(h)

Presentation by planning director. The planning director shall attend all application review meetings and hearings and may present to the planning board all plans, photographs or other material they deem appropriate for an understanding of the application and make recommendations as to any requested waivers and as to findings of fact regarding the application.

(i)

Applicant's presentation. The applicant's case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the chair. All persons at the hearing shall abide by the order of the chairman.

(j)

Notice of decision. Within 20 days of the public hearing, the planning board shall reach a decision on a conditional use and shall inform, in writing, the code enforcement officer and town officers, and shall notify by mail the applicant, abutting owners, and owners of property directly across any streets or rights-of-way from the proposed development of its decision and the reasons for the decision.

(k)

Action by CEO. Upon notification of the decision of the planning board the code enforcement officer, as instructed, shall immediately issue, issue with conditions prescribed by the planning board, or deny a building permit.

(l)

Expiration of permit. A conditional use permit secured under the provisions of this article by vote of the planning board shall expire if the work or change involved is not commenced within one year of the date on which the conditional use is authorized, and if the work or change is not substantially completed within two years.

(Code 1983, § 15-803(3); T.M. of 11-3-2005, art. 5; C.M. of 2-5-2013, V. 2013-28; C.M. of 3-5-2013, V. 2013-34; C.M. of 4-16-2024, V. 2024-74)

(a)

Primary factors. In considering a conditional use permit, the planning board shall evaluate the immediate and long-range effects of the proposed use upon:

(1)

Health. The maintenance of safe and healthful conditions.

(2)

Pollution. The prevention and control of water pollution and sedimentation.

(3)

Building sites. The control of building sites, placement of structures and land uses.

(4)

Wildlife habitat. The protection of spawning grounds, fish, aquatic life, bird and other wildlife habitat.

(5)

Shore cover. The conservation of shore cover, visual as well as actual points of access to inland and coastal waters and natural beauty.

(b)

Additional factors. The planning board shall also consider the following factors:

(1)

Compatibility with area. The compatibility of the proposed use with adjacent land uses.

(2)

Need. The need of a particular location for the proposed use.

(3)

Access. Access to the site from existing or proposed roads.

(4)

Flooding. The location of the site with respect to floodplains and floodways of rivers or streams.

(5)

Waste disposal. The amount and type of wastes to be generated by the proposed use and the adequacy of the proposed disposal systems.

(6)

Impact on land and water. The impact of the proposed use on the land and adjacent water bodies and the capability of the land and water to sustain such use without degradation.

(7)

Topography. Existing topographic and drainage features and vegetative cover on the site.

(8)

Erosion. The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(9)

Transportation. The impact of the proposed use on transportation facilities.

(10)

Community facilities. The impact of the proposed use on local population and community facilities.

(11)

Water supply. The impact of the proposed use on local water supplies.

(Code 1983, § 15-803(4))

(a)

Additional conditions; violation. Upon consideration of the factors listed in section 70-194, the planning board may attach such conditions, in addition to those required elsewhere in this chapter, that it finds necessary to further the purposes of this chapter. Violation of any of these conditions shall be a violation of this chapter. Such conditions may include, but are not limited to specifications for:

(1)

Type of vegetation;

(2)

Increased setbacks and yards;

(3)

Specified sewage disposal and water supply facilities;

(4)

Landscaping and planting screens;

(5)

Period of operation;

(6)

Operational controls;

(7)

Professional inspection and maintenance;

(8)

Sureties;

(9)

Deed restrictions;

(10)

Restrictive covenants;

(11)

Locations of piers, docks, parking and signs, type of construction; or

(12)

Any other conditions necessary to fulfill the purpose of this chapter.

(b)

Additional information required. In order to secure information upon which to base its determination, the planning board may require the applicant to furnish, in addition to the information required for a conditional use permit, the following information:

(1)

Contours; groundwater; bedrock; slope; vegetation. A plan of the area showing contours at intervals to be determined by the planning board and referred to mean sea level, normal high water elevation, groundwater conditions, bedrock, slope and vegetative cover.

(2)

Soils. A soils report identifying the soils boundaries and names in the proposed development with the soils information superimposed upon the plot plan in accord with the USDA Soil Conservation Service National Cooperative Soil Classification.

(3)

Buildings; access; open space. Location of existing and proposed buildings, parking areas, traffic access, driveways, walkways, piers, open spaces, and landscaping.

(4)

Sewage; water. Plans of buildings, sewage disposal facilities, and water supply systems.

(5)

Technical assistance. Other pertinent information necessary to determine if the proposed use meets the provisions of this chapter. In evaluating each application, the planning board may request the assistance of the regional planning commission, county soil and water conservation district, and any other state or federal agency which can provide technical assistance.

(Code 1983, § 15-803(5))