Conditional use permit (CUP). The following are eligible for
a CUP:
A. Uses that are designated "C" for conditional use in Table 3-3.
B. Changing one nonconforming use to another use that is equally or more appropriate to the zoning district and meets the standards of Article
V and this section.
C. Certain conversions of buildings to multifamily use as described in Article
V.
The Planning Board shall review and approve, or approve with
conditions, or deny applications for a conditional use permit.
CUP Application submission requirements.
A. A signed copy of the application.
B. The name and address of the owner and conditional use permit application
with evidence of sufficient right, title, or interest in the premises
to permit the application to undertake the proposed use.
C. Names, addresses, and Tax Map and lot number of all abutting property
owners.
D. Building plans, which shall include line drawings of all sides of
the proposed building(s) that show, the first-floor plan, all elevations,
and the proposed construction material.
E. A plan that includes the following information:
(1)
A map of the site with reference to surrounding area and existing
street locations.
(2)
A plan of the area showing the lot line dimensions, applicable
zone or zones, and the normal high-water mark, if applicable.
(3)
The location of all existing and proposed buildings and structures,
streets, easements, driveways, entrances, and exits on the site and
within 100 feet thereof.
(4)
All setbacks from bodies of water and lot lines.
(5)
Parking, loading and unloading areas with dimensions, traffic
patterns, access aisles, and curb radii.
(6)
The location and design of existing and proposed stormwater
systems, sanitary waste disposal systems and potable water supply,
and methods of solid waste storage and disposal.
(7)
A landscaping and buffering plan showing what will remain and
what will be planted, indicating botanical and common names of plants
and trees, dimensions, approximate time of planting and maintenance
plans.
(8)
Lighting details indicating type of fixtures, location, radius,
and intensity of light.
(9)
The location, dimensions, and details of signs.
(10)
The proposed use of all floor area.
(11)
Improvements such as roads, curbs, bumpers, and sidewalks with
cross sections, design details, and dimensions.
(12)
All existing physical features on the site and within 200 feet
of the site, including streams, watercourses, and existing woodlands.
(13)
Soil conditions as reflected by a medium-intensity survey (such
as wetlands, rock ledge, and areas of high-water table). The City
Planner or Planning Board may require a high-intensity soils survey
where necessary.
(14)
A narrative and sketch sufficient to describe trees and other
vegetation located on the site. The City Planner or Planning Board
may require mapping of trees proposed to be preserved as part of the
site and landscaping plans presented for approval.
(15)
Topography showing existing and proposed contours at five-foot
intervals for slopes averaging 5% or greater and at two-foot intervals
for land of lesser slope. A reference benchmark shall be clearly designated.
Where variations in the topography may affect the layout of buildings
and roads, the City Planner or Planning Board may require that the
topographic maps be based on an on-site survey.
F. The application for conditional use permit review for business, commercial,
and industrial uses shall also include:
(1)
A written description of the proposed operations in sufficient
detail to indicate the degree to which the operations will create
traffic congestion, noise, toxic or noxious matter, vibration, odor,
heat, glare, air pollution, waste, and other objectionable effects,
along with engineering and architectural plans for mitigating such
effects.
(2)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(3)
A list of all hazardous materials to be hauled, stored, used,
generated, or disposed of on the site, and state or federal permits
required.
(4)
Completed industrial waste discharge application.
In order to process applications more efficiently, certain conditional
uses, due to the limited nature of the proposed use, may be reviewed
by the Planning Office, as authorized in 30-A M.R.S.A. § 4353.
The Planning Office may, however, decline to review an application
requesting approval for a minor conditional use and forward such application
to the Planning Board. Only uses that meet all of the following applicability
standards may be reviewed as minor conditional uses:
A. Applicability. This article shall apply to:
(1)
Home occupations in which there is no point of purchase for
retail merchandise at the home. Phone and mail order businesses, wholesale
businesses and other similar businesses may be reviewed as minor conditional
uses.
(2)
Home occupations in which the required number of parking spaces
for all uses on the lot does not exceed four spaces.
(3)
Home occupations in which there are not significant exterior
alterations to the building or site.
B. Administration.
(1)
Application contents. An application for a minor conditional use shall include four copies of the information required under §
230-1404.
(2)
Notice and public comment. Upon receipt of an application for
minor conditional use, the Planning 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 notice shall also include a deadline for
comment on the application, to be 10 calendar days from the date of
the notice.
(3)
Time frame for decisions. The Planning 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.
C. Criteria for approval. Minor conditional use applications shall be approved, or approved with conditions, by the Planning Office unless the proposed use does not satisfy the approval criteria in §
230-1403, or other relevant sections of this chapter, or other local, state and federal laws. Notice of decisions by the Planning Office shall be provided to those parties detailed above in §
230-1405B. If, in the opinion of the Planning Office, an application does not meet the applicability criteria set out in §
230-1405B, then the application shall be referred to the Planning Board for a full conditional use review.
D. Planning Board jurisdiction. The Planning Board shall review any
application for a minor conditional use upon a determination by the
Planning 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.
If a conditional use permit is denied, a second request of a
similar nature shall not be resubmitted within two years from the
date of the first request, unless, in the opinion of the majority
of the Planning Board, substantial new evidence is brought forward,
or unless the Planning Board finds that an error of law or misunderstanding
of facts has been made, or unless amendment has been made to this
chapter which changes the status, circumstances, or conditions of
the application which was originally submitted.
Conditional uses may be permitted in buildings that are nonconforming
in respect to dimensional standards.