ORDER
STANDISH TOWN COUNCIL
DATE: December 12, 2006
ORDER NUMBER: 185-06 SUBMITTED BY: Christy
TITLE: AMENDMENT TO STANDISH TOWN CODE, CHAPTER 181, LAND USE, PART 1, ZONING, ARTICLE IX, BOARD OF APPEALS
The Town of Standish hereby ORDAINS the following amendments to the Standish Town Code effective immediately upon adoption:
The Land Use Ordinance of the Town of Standish shall be amended as follows (additions are underlined and deletions are Struck out.
Chapter 181, LAND USE, Part 1, Zoning, ARTICLE IX, Board of Appeals§ 181-64. Powers and duties.
A. Appeals shall lie from the decision of the Code Enforcement Officer to the Board of Appeals and from the Board of Appeals to the Superior Court according to the provisions of the Maine Revised Statutes. Applicants must have legal standing, as determined by the Zoning Board of Appeals, for an application to be heard. The Board of Appeals shall have the following powers and duties:
(1) Administrative appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Part 1 only. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of the majority of the quorum of the Board.
(2) Special exceptions. To hear and decide only those special exceptions which are authorized by this Part 1 and which are specifically listed in the various zoning districts as special exceptions, and to act on applications for the enlargement of nonconforming uses, which shall be treated as special exceptions; to decide such questions as are involved in determining whether such special exceptions should be granted, and by majority vote to grant such special exceptions with such conditions and safeguards as are appropriate under this Part 1, or to deny such special exceptions when not in harmony with the purposes and intent of this Part 1.
(a) The petitioner shall submit seven copies to the Board of statements in writing, which may be accompanied by diagrams and/or photographs which shall become part of the record of such petition, demonstrating the following:
[1] Effect not adverse. That the use requested will not have an unreasonably adverse effect on the health, safety or general welfare of the residents of the area or the general public. In making this determination, the Board shall take into consideration the potential effect of the development on the environment from air, water or soil pollution; noise; traffic congestion; soil erosion; the burden on the sewage disposal or water supply systems or other municipal facilities, services or public ways; and any other relevant factors.
[2] Value maintained. That the use requested will not significantly devaluate abutting property or property across a public or private way. In making its determination, the Board shall take into consideration the type of structure proposed; the topography of the area; the market value of the surrounding real estate; the availability of utilities and transportation; the availability of schools and hospitals; traffic conditions; and any other relevant factors.
[1] The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off-site and on-site, serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, and the visibility afforded to pedestrians and the operators of motor vehicles on such roads;
[2] The proposed use will not cause water pollution, sedimentation, erosion, contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous or unhealthy condition results;
[3] The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;
[4] 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 restrict access of light and air to neighboring properties;
[5] The proposed waste disposal systems are adequate for all solid and liquid wastes generated by the use; and
[6] The proposed use will not result in damage to spawning grounds, fish, aquatic, life, bird, or other wildlife habitat, and, if located in a shoreland zone, will conserve (a) shoreland vegetation; (b) visual points of access to waters as viewed from public facilities; and (c) actual points of access to waters.
[7] The proposed use has no unusual characteristics atypical of the generic use and the proposed use will not depreciate the economic value of surrounding properties based upon evidence provided by a Maine licensed real estate broker or appraiser.
APPROVED __________________ DISAPPROVED__________________
ROLL CALL YEA NAY ABSTAIN
BIEGEL _________________________________________________
CHRISTY __________________________________________________
EDWARDS ________________________________________________
POMERLEAU ______________________________________________
SIMPSON __________________________________________________
SPENCER __________________________________________________
STACK ____________________________________________________
COUNCIL CHAIR ______________________________
CLERK/SECRETARY ____________________________
Order 185-06
Proposed timeline:
Planning Board Public Hearing:
Introduction- December 12, 2006
First Reading- January 9, 2007
Town Council Public Hearing- February 13, 2007
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