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.

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).

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.

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.

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.

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.

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).

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

Hearing and notice.

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:

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:

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.

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 Amendments to the Zoning Map and this chapter made under this section may be amended or repealed by the City Council.

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.