Sanford City Zoning Code
ARTICLE IV
Interpretation, Amendments and Legal Provisions
§ 280-4-1 Public hearings.
Public hearings required for amendment of this chapter, contract zone, conditional use, major site plan, or other request identified in this chapter shall be noticed and conducted in conformance with the following provisions.
A.
Submission requirements. The applicant shall provide an abutters list and mailing envelopes in conformance with this section.
(1)
Abutters list. A complete list of abutters within two-hundred-and-fifty (250) feet of the property, including those in neighboring communities, and public drinking water suppliers if the property contains or is within a source water protection area.
B.
Notification of applicant and abutters. Once an application is determined to be complete and, at least ten (10) days prior to the date of its public hearing, the City Department which oversees the public hearing process shall post a notice in City Hall and send written notice to the applicant and abutters by first class mail, as specified in § 280-4-1A, except that notice for an amendment of this chapter or contract zone shall be posted and written notice send out at least thirteen (13) days prior to the date of the public hearing. Notice shall contain a brief description of the proposed activity, the name of the applicant, the location of the property that is the subject of the public hearing and the nature of the request, the location where the application is available for inspection, description of how to submit written comments and how the reviewing board or committee shall consider comments, and the date, time, and location at which the application shall be considered. Failure of any abutter to receive a notice of public hearing shall not be grounds for delay of the public hearing, consideration of the application, and approval or denial of the project. In considering the subject of the public hearing, the City Department which oversees the request shall, without altering the meaning, intent, or substance of the proposal, put into such language or form as is appropriate to the review and requirements of this chapter.
C.
Advertisement in newspaper and posting. An advertisement for any request which requires a public hearing in this chapter shall be posted in a newspaper of general circulation in the City at least ten (10) days prior to the date of the public hearing, except that a request for amendment of this chapter or contract zone shall be published at least twice, the first advertisement shall be published at least twelve (12) days prior to the date of the public hearing and the second notice shall be published at least seven (7) days prior to the public hearing.
D.
Hearing procedure.
(1)
Any persons may appear in person or by agent or attorney at the hearing. Hearings shall not be continued to other times except for good cause.
(2)
The board or committee conducting the public hearing may ask staff to attend and/or present plans, photographs, or other materials it deems appropriate for an understanding of the subject of the public hearing.
(3)
Persons wishing to share complex data, reports, or arguments are encouraged to submit the information in writing seven (7) days in advance of the hearing.
(4)
Individuals and organizations with comparable positions in support or opposition are encouraged to be brief and not provide duplicative comments.
(5)
Anyone wishing to present testimony before the board or committee shall provide his/her name and address. Representatives of organizations including, but not limited to, City Committees and Homeowners' Associations, shall state for the record at the outset of his/her presentation whether the organization has authorized the substance of what is being presented.
(6)
To maintain orderly procedure, anyone wishing to present testimony shall be allowed to proceed without interruption. Following testimony, members of the board or committee shall have the opportunity to raise questions.
(7)
The hearing shall be closed after all parties have been heard. If additional time is needed, the hearing may be continued to a later date. All participants shall be notified of the date, time, and place of the continued hearing.
(8)
Once the public hearing is closed, all further comment by the public and/or the applicant shall only be allowed through the Chair. The Chair may limit further input from the public and/or the applicant to allow the board or committee time for deliberation on the application.
(9)
In the case of extenuating circumstances, the board or committee may waive any of the above rules by unanimous vote of those in attendance upon good cause shown.
§ 280-4-2 Administrative appeals.
Any person who believes that the Code Enforcement Officer has made an error in the interpretation or application of the provisions of this chapter may appeal such determination to the Board of Appeals as an administrative appeal under the provisions of § 280-10-4-1. If the Board of Appeals finds that the Code Enforcement Officer erred in his/her interpretation of this chapter, it shall modify or reverse the action accordingly.
§ 280-4-3 Amendments.
Amendments of this chapter may be initiated by the City Council, the Planning Board, an individual or corporation or other entity having control of the property that is the subject of the request, or by petition by five percent (5%) or more of the registered voters of the City as provided for by the City Charter.
A.
Fee.
(1)
Any request for amendments of the text of this chapter or for changes in zone boundaries or other revision to the Zoning Maps initiated by the City Council or Planning Board or by petition by five percent (5%) or more of the registered voters of the City in conformance with the City Charter shall not be required to pay a fee.
B.
Required information. All proposals for an amendment or map change shall be accompanied by the following information:
(1)
Address or exact location of the request, the exact location and dimensions of any changed district boundaries, and a location map that shows the relationship of the location to the surrounding area. Any proposed map changes shall be shown on the appropriate Assessor's tax map and shall indicate tax map and lot numbers.
(2)
Name, address, and phone number of property owner.
(3)
Name, address, and phone number of applicant.
(4)
Statement regarding existing and proposed land use.
(5)
Existing and proposed zoning classification or ordinance language.
(6)
Statement regarding the way in which the proposed amendment or change complies with or promotes the City's Comprehensive Plan.
(7)
Documentation of right, title, or interest.
(8)
Documentation of financial ability to carry out the purpose of the amendment or change, if any.
C.
Notification of abutters, advertising in newspaper, and posting. A public hearing shall be held on all requests for amendment of this chapter in conformance with § 280-4-1.
D.
Planning Board recommendation. Within thirty (30) days following the date of the public hearing, the Planning Board shall send a written report of its findings and recommendation to the City Council, which shall conduct its own public hearing, with notice as provided in the City Charter. A representative of the Planning Board shall attend such public hearing.[1]
§ 280-4-4 Relation to other ordinances.
This chapter shall not repeal any other ordinance relating to the use of land or buildings, however, where this chapter imposes greater restrictions, it shall control.
§ 280-4-5 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.