Sanford City Zoning Code
ARTICLE XIII
Conditional Uses
§ 280-13-1 Purpose and definition.
A.
The purpose of this article is to establish the procedures and standards to enable the City to review applications for conditional use permits.
B.
A conditional use is a use that the City has determined to be generally appropriate within a zone but that has the potential for creating undue or unusual impacts on the public health, safety, and welfare, surrounding properties, the natural environment, or on municipal services and therefore requires case-by-case review and approval in accordance with the provisions of this article.
§ 280-13-2 Conditional use approval required.
§ 280-13-3 Administrative procedures.
A.
Prior to submitting a formal application for conditional use approval, the applicant and/or his or her representatives should meet with the Planning Director to informally discuss the proposed application and the review process. The purpose of this meeting is informational to allow the applicant to understand the process and clarify any questions before submitting a formal application.
B.
An application for conditional use approval shall be made to the Planning Director on forms provided for that purpose.
C.
The application form shall be accompanied by the supporting materials set forth in §§ 280-16-6G and 280-16-G(2)(d)[10] and an application fee as established by the City Council.
D.
Upon receipt of an application, the Planning Director shall review it for completeness within ten (10) days and shall refer it to other departments for review. If the application is complete, the Planning Director shall place it on the Planning Board's agenda. If the application is not complete, the Planning Director shall provide the applicant with a written description of the additional information required.
E.
Within forty-five (45) days of the application being determined to be complete, the Board shall notice and conduct a public hearing in conformance with § 280-4-1
[Amended 5-7-2019 by Order No. 19-258-01[1]]
[1]
Editor's Note: This ordinance also repealed former Subsections F, G and H, regarding notice and public hearing, and redesignated former Subsection I as Subsection F.
F.
Within thirty (30) days of the initial consideration of the application by the Planning Board, the Planning Board shall act to approve, approve with conditions, or deny the application. The period for consideration of the application may be extended by mutual agreement of the applicant and Planning Board.
§ 280-13-4 Applications for mental health and abuse clinics.
[Amended 8-21-2018 by Order No. 18-348-01]
Applications for a mental health and abuse clinics, shall also meet the following criteria:
A.
Location criteria.
(1)
No clinic may be located within one-half (1/2) mile (walking distance) of any church, school, family child-care home, child-care center or nursery school, or public park or playground.
(2)
No clinic may be located within the bounds of the following revitalization and/or growth areas: Sanford Downtown, Lafayette Circle and Springvale Village.
B.
Neighborhood compatibility standards. No approval shall be recommended if the Planning Board finds that the granting of the license will violate one (1) or more of the following neighborhood compatibility standards:
(1)
Neither the proposed use nor the proposed site on which the use will be located is of a character such that the use will have significant adverse impact on the value or quiet possession of surrounding properties. The Planning Board shall not find that this standard is satisfied unless:
(a)
The size of the proposed use is comparable to the size of surrounding uses;
(b)
The amount and type of traffic to be generated, hours of operation, expanse of pavement, and the number of parking spaces are comparable to surrounding uses;
(c)
The generation of noise, dust, odor, vibration, glare, smoke, litter and other nuisances is comparable to that generated by surrounding uses;
(d)
The impact of the use on the quality and quantity of groundwater available to abutting properties is comparable to that for surrounding uses;
(e)
Unusual physical characteristics of the site, including size and shape of the lot, topography, and soils, do not aggravate adverse impacts upon surrounding properties.
(2)
Vehicular and pedestrian access and circulation to, from, into and within the site will be safe, and no public way will be overburdened or made hazardous as a result of the new use and/or development of the property.
(a)
The Planning Board may not find that this standard has been satisfied unless:
[1]
Vehicular access to the site will be on roads which have adequate capacity to accommodate the additional traffic generated by the development. Adequate capacity means that: Intersections on major access routes to the site within a one-half (1/2)-mile radius of any entrance road will function after development, at a minimum, at Level of Service C, as defined in Maine Department of Transportation regulations, 17-229 CMR Ch. 305, Rules and Regulations Pertaining to Traffic Movement Permits (2000); or
[2]
If any such intersection is functioning at a Level of Service D, as defined in Maine Department of Transportation regulations Chapter 305, cited above, or lower prior to the development, the project will not reduce the current level of service.
(b)
The Planning Board may recommend approval of an application not meeting this requirement if the applicant demonstrates that a public agency has committed funds to construct the improvements necessary to bring the level of service to said standard, or the applicant will assume financial responsibility for the improvements necessary to bring the level of service to said standard and will guarantee the completion of the improvements within one (1) year of approval of the license.
(4)
Adequate facilities are present to assure the safety of pedestrians passing by or through the site.
(5)
Municipal or other facilities serving the proposed use will not be overburdened or made hazardous. The Planning Board shall not find that this standard is satisfied unless:
(a)
The capacity of sewerage and water supply systems is adequate to accommodate the proposed use;
(b)
The capacity of the storm drainage system is adequate to accommodate the proposed use; and
(c)
The ability of the fire department to provide necessary protection services to the site and development is adequate.
(6)
The soils on the proposed site shall have adequate capacity and stability to support all loadings, including fill, developed by the proposed use, and the use will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water to the extent that a dangerous or unhealthy condition may result on the site or the land of abutters. In considering whether this standard is satisfied, the Planning Board shall take into account the elevation of the site and surrounding properties above sea level, its relation to floodplains, the slope and vegetation of the land and their effects on drainage.
(7)
The design of the proposed structures with respect to materials, scale and massing shall be compatible with existing structures within five-hundred (500) feet of the site in areas where the existing structures are of a similar scale and architectural treatment.
C.
Screening requirements. All clinics shall be required to erect and maintain opaque fencing to provide an effective visual screen at least six (6) feet in height, to be located along side and rear property lines that abut properties in residential use. Said fencing is intended to screen the clinic entrance and parking lot from ordinary view from all directly adjoining properties.
§ 280-13-5 Standards for conditional use approval.
A.
The Planning Board shall approve a conditional use application, or approve it with conditions, if it makes a positive finding, based on the information presented, that the proposed use, with any conditions attached, meets the following standards:
(1)
The proposed use will not place a burden on municipal services which, due to its location or the characteristics of the site or proposed development, is significantly greater than the burden that would result from similar uses in other situations;
(2)
The proposed use will not create hazards to vehicular or pedestrian traffic on the roads and sidewalks serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, volume and intensity of use by both pedestrians and vehicles, reduction in level of service, need for infrastructure improvements including but not limited to intersection traffic controls, and the visibility afforded to pedestrians and the operators of motor vehicles;
[Amended 4-19-2022 by Order No. 22-151-01]
(3)
The proposed use will not cause water pollution, sedimentation, or erosion, contaminate any water supply or reduce the capacity of the land to hold water so that a dangerous, aesthetically unpleasant, or unhealthy condition may result;
(4)
The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;
(5)
The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard, or unreasonably restricted access of light and air to neighboring properties;
(6)
The proposed location for the use has no peculiar physical characteristics due to its size, shape, topography, or soils which will create or aggravate adverse environmental impacts on surrounding properties;
(7)
The proposed use has no characteristics that are atypical of the general category of use that will depreciate the economic value of surrounding properties; and
(8)
If located in the Shoreland Overlay Zone, the proposed use will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat; will conserve shoreland vegetation; will conserve visual points of access to waters as viewed from public facilities; will conserve actual points of access to waters; will conserve natural beauty; and will avoid problems associated with floodplain development and use.
(9)
A proposed ground-mounted commercial solar system or utility solar system in the Rural Residential Zone (RR) shall minimize impacts on prime or unique farmland soils, farmland soils of statewide significance, and active farmland.
[Added 4-7-2020 by Order No. 19-772-01]
(10)
A proposed Utility Solar System in the Residential Development Overlay Zone shall:
[Added 5-3-2022 by Order No. 21-494-01]
(a)
Provide an analysis that demonstrates it is not economically feasible to extend a compact pattern of residential development because of the physical and natural features of the property. The analysis shall review topography and natural features including, but not limited to streams, rivers, ponds, wetlands, flood plains, rock outcrops, steep slopes, soil conditions, and critical habitats on the site within the context of meeting state and local regulations for development, but exclude the cost of extending required public sewer and water services to the property.
(b)
Minimize impacts on existing abutting residential development and/or residential zones.
(11)
A proposed retail use allowed in the Industrial Business (IB) Zone shall provide a traffic impact analysis that assesses development impacts on level of service and safety on the street network and improvements that may be warranted for mitigation of impacts. The traffic impact analysis shall be prepared by a Maine licensed professional engineer and conform with Maine Department of Transportation Rules and Regulations Pertaining to Traffic Movement Permits.
[Added 4-19-2022 by Order No. 22-151-01]
B.
Nonprofit service organization. In addition to the requirements of this section and any other applicable section of the City's ordinances, the minimum lot size for this use is ten (10) acres.
[Added 3-6-2007; amended 9-20-2022 by Order No. 22-440-01]
C.
Horse shows. In addition to the requirements of this section and any other applicable section of the City's ordinances, the minimum lot size for this use is twenty (20) acres.
[Amended 3-6-2007; amended 9-20-2022 by Order No. 22-440-01]
D.
Antiques stores. In addition to the requirements of this section and any other applicable section of the City's ordinances, the following guidelines shall be used in the review of applications:
[Added 7-20-2010]
(1)
The limits of outdoor display will be determined by the Planning Board during site plan review such that they are found to be consistent with the character of the neighborhood.
(2)
No stripping of antiques and/or furniture is permitted on the premises.
(3)
Signs shall be of residential character on simple posts and/or attached to the building and shall be consistent with the requirements of § 280-14-13. If a sign is illuminated it shall be of low wattage, not create a public hazard or nuisance, and be compatible with the character of the property and the surrounding neighborhood.
[Amended 12-19-2017 by Order No. 17-163-01]
(4)
Exterior lighting shall be of residential style.
(5)
The business shall be owner-occupied.
(6)
The building for the proposed antique store shall have been in existence at least ten (10) years as of the date of the application.
(7)
Any additional conditions determined by the Planning Board at the time of review.
E.
Commercial schools. In addition to the requirements of this section and any other applicable section of the City's ordinances, the following guidelines shall be used in the review of applications for commercial schools:[1]
(1)
All activities shall be conducted within a fully enclosed building.
(2)
Adequate off-street parking shall be provided, the number of spaces to be based on the maximum capacity as determined by the Fire Chief divided by three (3).
(3)
Signs shall be of residential character on simple posts and shall be consistent with the requirements of § 280-14-13. If a sign is illuminated, it shall be of low wattage, not create a public hazard or nuisance, and be compatible with the character of the property and the surrounding neighborhood.
[Amended 12-19-2017 by Order No. 17-163-01]
(4)
Exterior lighting shall be of residential style.
(5)
The activity may be a stand-alone business or as an accessory use to a residence as long as the business is owned by the resident of the residence.
(6)
Review and approval by the Planning Board is required, the classification of the site plan to be determined by the Planning Director based on the size of the structure and requirements of the ordinance.
[1]
Editor's Note: Former Subsection E, Nonprofit medical marijuana dispensary, was repealed 3-5-2019, confirmed 7-9-2019 by Order No. 18-553-01. This ordinance also redesignated former Subsection F as Subsection E.
F.
Excavation contracting businesses. In addition to the requirements of this section and any other applicable section of the City’s ordinances, where allowed as a conditional use, the following guidelines shall be used in the review of applications for excavation contracting businesses:
[Added 6-18-2024 by Order No. 24-222-01]
(1)
Frontage. Each use will be located with frontage on a numbered highway (i.e. 4, 11A, 99, 109, 202 or 224), including any roadway that becomes designated as a numbered highway or state route following adoption of this section.
(2)
Minimum lot size. The minimum lot size for this use is five (5) acres.
(3)
Minimum setback. Any parking, staging areas, or garages used for equipment storage shall be located with a minimum setback distance of one hundred (100) feet from the property line of a residential use, unless:
(a)
The residential use is owned by the excavation contracting business, or
(b)
An easement with any residential abutter(s) along property lines where the required setback cannot reasonably be met stating the excavation contracting business is allowed to operate within the required setback is signed and recorded at the York County Registry of Deeds.
(4)
Buffering. All outdoor staging or parking areas for equipment used by the excavation contracting business is buffered by a vegetated buffer a minimum of fifteen (15) feet high and thirty (30) feet wide, or other buffering and/or fencing options as determined by the Planning Board. The Board may request a larger buffer if necessary for noise remediation.
§ 280-13-6 Conditions of approval.
The Board may attach conditions to its approval of a conditional use. These conditions may include, but are not limited to, requirements such as:
§ 280-13-7 Reapplication.
If the Planning Board denies a conditional use application, a second request of a similar nature shall not be brought before the Planning Board within one (1) year from the date of denial of the first request, unless:
A.
In the opinion of the majority of the Planning Board, substantial new evidence has been brought forward;
B.
The Planning Board finds that an error of law or misunderstanding of facts has been made; or
C.
An amendment to this chapter has changed the status, circumstances, or conditions of the matter which was brought before the Planning Board.
§ 280-13-8 Duration of conditional use approval.
A.
Provided that all conditions and standards of approval are met, a conditional use shall be a continuing grant of permission for as long as the property is used for such purposes. The conditional use shall expire if the owner abandons the conditional use by:
B.
A conditional use may be expanded in area or function only with the granting of a new conditional use approval by the Planning Board.
C.
Construction, or occupancy if no construction is involved, shall commence within one (1) year of Planning Board approval of the conditional use and a certificate of occupancy issued within three (3) years of approval. If construction or occupancy is not commenced or a certificate of occupancy issued within these time limits, the conditional use approval shall be null and void. The Planning Board may extend these time limits upon written request of the applicant and a finding that such extension is consistent with current requirements.
§ 280-13-9 Scope of approval.
Any permit or approval granted hereunder is subject to all elements of the final plans and specifications submitted by the applicant and to all representations, oral or written, made by or on behalf of the applicant in support of the application or with respect to the nature and scope of the use, activity or work proposed, and all such permits or approvals shall include, as an express condition, a written statement to said effect.
§ 280-13-10 Appeal of conditional use decision.
Appeal from an action of the Planning Board on a conditional use application shall be to the Superior Court in accordance with state law.