[Ord. of 10-6-1998]
The Planning Board is hereby authorized to hear and decide upon applications for conditional use.
Editor's Note: The sentence, which immediately followed and provided for consideration of recommendations made by the Coastal Area Committee, was removed from the Code pursuant to Ord. No. 2011.38, adopted 9-20-2011. Said ordinance disbanded the Coastal Area Committee.
The Planning Board shall hear and approve, approve with modifications or conditions, or disapprove all applications for conditional use permits. No conditional use permit may be granted unless specific provision for such conditional use is made in a particular zone.
A conditional use permit shall be required or any land use or activity which is classified as a "conditional use" in a particular zone. A conditional use permit shall also be required for any increase or expansion of any existing conditional use, as defined below:
In cases where expansion will not change the existing use, or the exterior dimensions of any existing building, the Planning Board may pass upon the review procedure and waive the submission requirements in order that the project may be expedited. Waivers shall be issued in writing and shall state the reasons. No changes shall be made in any approved conditional use without approval of that change by the Planning Board.
[Ord. of 10-6-1998]
Fee for notification of abutters.
Whenever an applicant, during the course of a review required by this ordinance, is required to notify abutters, he shall pay a fee to cover first class postage for all notices sent to abutting property owners.
For the purpose of this section an abutting property shall be any parcel of land within 200 feet of the boundary of the parcel on which the proposed project is to be conducted or constructed.
The list of abutting property owners shall be developed from records maintained by the Tax Assessor's office.
The postage fee for notification of abutters shall be paid upon submission of application.
A person proposing a conditional use shall file an application with the Planning Board on forms provided for the purpose. Failure of the applicant to submit the required information shall constitute a basis for denial without a review of the remainder of the application.
[Ord. No. 2002.3, 1-15-2002]
In order to process applications more efficiently, certain conditional uses, due to the limited nature of the proposed use, may be reviewed by the Codes Enforcement office. Only uses that meet all of the following applicability standards may be reviewed as minor conditional uses:
Home occupations in which there is no point of purchase for retail merchandise or consumer service at the home. Phone and mail order businesses, wholesale businesses and other similar businesses may be reviewed as minor conditional uses.
Home occupations in which there are not significant exterior alterations to the building or the site.
The applicant must apply for a minor conditional use permit.
Upon receipt of an application for minor conditional use, the codes enforcement office shall send a notice of the application, including the name of the applicant, address of the applicant, the nature and address of the proposed use, to all property owners within 200 feet. The notices shall also include a deadline for comment on the application, to be 10 calendar days from the date of the notice.
The Codes Enforcement Office shall act upon all applications for minor conditional uses, approval or referral to the Planning Board, within five days of the close of the public comment period.
The Codes Enforcement office may add conditions as appropriate.
Criteria for approval. Minor conditional use applications shall be approved by the Codes Enforcement Office unless the proposed use does not satisfy the approval criteria of Section 1 above, or other local, state, and federal laws. If in the opinion of the Codes Enforcement Office, an application does not meet the approval criteria, then the application shall be referred to the Planning Board, with a written narrative describing why the criteria has not been met, for a full conditional use review.
Planning board jurisdiction. The Planning Board shall review any application for a minor conditional use upon a determination by the Codes Enforcement office that the potential impacts from a proposed use warrant a public hearing before the Planning Board. Upon referral to the Planning Board, the applicant shall submit a full application for conditional use.
Applications for conditional use permits must meet the standards specified in Article VI of this ordinance as well as the standards of subdivision or site review. In addition, because of the unique nature and particular concern that the general public may have relating to a conditional use in a particular zone, the Planning Board shall consider each of the applications in light of the guidelines presented below.
The Planning Board shall approve, approve with conditions, or deny all applications for a conditional use permit. The applicant shall have the burden of proving that his or her application is in compliance with the requirements of this ordinance and that none of the conditions listed below would result from the approval of the conditional use permit. Failure of the applicant to submit required information shall constitute a basis for denial without a review of the remainder of the application. After the submission of a complete application and a review of the required submissions, the Planning Board shall approve the application or approve it with conditions if the application meets the following standards:
The proposed use meets specific requirements set forth in this ordinance and would be in compliance with applicable state or federal laws;
The proposed use would not create fire safety hazards by providing adequate access to the site, or to the buildings on the site, for emergency vehicles and would not create hazards through the storage of chemicals and wastes;
The proposed exterior lighting, where allowed, would not create hazards to motorists traveling on adjacent public streets or is adequate for the safety of occupants or users of the site or would not damage the value and diminish the usability of adjacent properties;
The provisions for buffers and on-site landscaping provide adequate protection to neighboring properties from detrimental or unsightly features of the development;
The proposed use would not have a significant, detrimental effect on the use and peaceful enjoyment of abutting property as the result of noise, vibrations, fumes, odor, dust, glare, hours of operation, or other causes;
The provisions for vehicular loading and unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets would not create hazards to public safety or traffic congestion;
The proposed use would generate a volume of traffic that can reasonably be accommodated by the existing road network, or would not create unreasonable traffic hazards or would not exacerbate an existing traffic hazard, or would not create unreasonable traffic congestion;
The proposed use would not have a significant, detrimental effect on the value of adjacent properties which could be avoided by reasonable modification of the proposal;
The proposed use would not have an adverse impact on the privacy of the residents of the immediate area (within 500 feet) which could be avoided by reasonable modification of the proposal;
The proposed use would be in compliance with Biddeford's Comprehensive Plan;
The proposed use would not have an adverse impact on the immediate neighborhood or the community relative to architectural design, scale, bulk and building height, identity and historical character, or visual integrity, which could be avoided by reasonable modification of the proposal;
The design of the site would not result in significant flood hazards or flood damage or would be in conformance with applicable flood hazard protection requirements;
Adequate provision has been made for disposal of wastewater or solid waste or for the prevention of ground or surface water contamination;
Adequate provision has been made to control erosion or sedimentation;
Adequate provision has been made to handle stormwater runoff or other drainage problems on the site; and the proposed development will not unduly burden off-site surface water systems;
The proposed water supply would meet the demands of the proposed use for fire protection purposes;
Adequate provision has been made for the transportation, storage, and disposal of hazardous substances and materials as defined by state law;
The proposed use would not have an adverse impact on scenic vistas or on significant wildlife habitat or wetland areas and water bodies which could be avoided by reasonable modification of the proposal;
When located in the Shoreland Zone, the proposed use would meet the purposes of Shoreland Zoning as identified in Article XIV, Section 1 (Purposes) of this ordinance.
[Amended 2-2-2010 by Ord. No. 2009.98]
The Planning Board may attach such conditions, in addition to those required elsewhere in this ordinance, that would mitigate any adverse effects on adjoining or neighboring properties, which might otherwise result from the proposed use. These conditions may include, but are not limited to, specifications for:
Type of vegetation;
Increased setbacks and yards;
Specified sewage disposal and water supply facilities;
Landscaping and planting screens;
Periods of operation;
Professional inspection and maintenance;
Locations of piers, docks, parking and signs;
Type of construction; or
Any other conditions, restrictions, or safeguards that would uphold the spirit and intent of this ordinance or further review by the Biddeford Planning Board.