A. Authority and purpose. Pursuant to 30-A M.R.S.A. § 4352(8), conditional or contract zoning is hereby authorized for development where, for reasons such as the unusual nature or unique location of the development proposed, the Town Council finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned. All contract or conditional zoning under this section shall establish rezoned areas which are compatible with the existing and permitted uses within the original zones. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, which is inconsistent with the Town's Comprehensive Plan.
B. Applicable conditions and restrictions. All conditions and restrictions imposed shall relate only to the physical development and/or operation of the property. This includes, but is not limited to, the following:
(1) Limitations on the number and types of uses permitted;
(2) Restrictions on the scale and density of the development;
(3) Specifications for the design and layout of the buildings, structures, and other improvements;
(4) Schedules for commencement and completion of construction, including anticipated schedules (i.e., beginning and completion dates) for all construction phases;
(5) Performance guarantees securing completion and/or maintenance of public and private improvements, and guarantees against defects;
(6) Preservation and enhancement of open spaces and buffers, and protection of natural areas and historic sites;
(7) Contributions toward the provisions of municipal services required by the development; and
(8) Provisions for enforcement and remedies for breach of any condition or restriction.
C. Submission requirements. All applications for conditional or contract zoning shall contain, at minimum, 20 copies of the following plans and related information:
(1) A detailed written description of the proposal that includes the following information:
(a) The reason or reasons for the rezoning request.
(b) How the proposal is in conformance with the Town's most recently adopted Comprehensive Plan.
(c) The current zoning district(s) applicable to the property.
(d) The proposed conditions or restrictions regarding the use and/or development.
(e) Land uses on abutting property and how they relate to the proposed use.
(2) Application forms, as required.
(3) A nonrefundable application fee in such amount(s) as the Town Council may from time to time establish in the Fee Schedule.[1]
(4) A consulting and review fee in such amount as the Town Council may from time to time establish in the Fee Schedule. The fee shall be placed in escrow with the Town when the application is filed with the Planning Board. The fee shall be used by the Town in accordance with
§ 120-810C.
(5) Evidence of right, title or interest in the property proposed for contract or conditional zoning.
(6) A copy of the Tax Map on which the property is located.
(7) A draft contract agreement, if the Town Staff, Planning Board or Council determines it to be necessary.
D. Rezoning procedure. This subsection governs the procedure to be followed after the Town has received a conditional or contract zone application.
(1) Town Council. All required submission material shall be submitted to the Windham Town Council at least 21 days prior to the meeting at which the applicant wishes to be heard by the Council. The Town Council may choose to send the application to the Planning Board with, or without, suggested amendments.
(2) Planning Board. All required submission material shall be submitted to the Windham Planning Board at least 21 days prior to the date at which the petitioner/property owner wishes to be heard by the Board. The Planner, within 14 days, shall determine if the application is complete. An application shall not be placed on the Planning Board's agenda until it is found to be complete.
(3) Public hearing. The Planning Board shall hold a public hearing.
(a) Notice content. The public hearing notice shall contain the following information:
[1] The date, time and place of the public hearing.
[2] A copy of the proposed conditions or restrictions with a map indicating the property to be rezoned.
(b) Notification requirements. The Planning Board shall publicize the public hearing as stated below. Notices shall be deemed given when said notices are mailed, and the failure of any petitioner and/or property owner to receive such notice shall not necessitate another hearing, shall not constitute grounds for objections by such petitioner, and shall not invalidate any recommendation by the Planning Board on such zoning matter or any final action taken by the Town Council thereon.
[1] To the owner(s) of abutting property at least seven days prior to the hearing.
[2] Posted in the municipal office at least 13 days before the hearing.
[3] Published, at least two times, in a newspaper having general circulation in the Town of Windham. The date of the first publication must be at least seven days before the hearing.
[4] To a public drinking water supplier if the area to be rezoned is within the supplier's source water protection area.
(4) Planning Board recommendation. The Planning Board shall use the following procedure when making a recommendation to the Council on a conditional or contract zone application:
(a) The Planning Board shall forward its report and recommendations on the proposal to the Town Council after the Planning Board has taken its final vote on the application.
(b) The Planning Board's recommendation to the Town Council shall address the proposal's conformance with the Town's Comprehensive Plan.
(c) The Planning Board's recommendation to the Town Council shall address how the change establishes a rezoned area that is consistent with the existing and permitted uses within the original zoning district.
(d) The Planning Board's report shall include all proposed conditions and restrictions, including those recommended by the Planning Board.
E. Town Council approval. The Town Council may approve a conditional or contract zoning if it finds that:
(1) The change establishes a rezoned area that is consistent with the existing and permitted uses within the original zoning district.
(2) The change is consistent with the Comprehensive Plan. In making its determination that the conditional or contract zone application is in conformance with the Town of Windham's Comprehensive Plan, the Town Council shall consider the following:
(a) The Planning Board's report and recommendation.
(b) Any proposed plot plans, site plans and/or subdivision plans reflecting the proposed use, development or redevelopment of the property under consideration for rezoning.
F. Additional requirements. The following additional requirements and standards shall apply to conditional or contract zone applications:
(1) All property or development receiving a contract rezoning is not exempt from the otherwise applicable standards in
Article 8: Site Plan Review, or
Article 9: Subdivision Review, of this chapter.
(2) No proposal to amend the Official Land Use Map shall be entertained within one year of the date of denial of the same request, unless the Planning Board determines that the application is a substantial change from the previously denied rezoning application.
