Proposed Amendment Use Tables regarding home …...Proposed Amendment to Chapter 280: Zoning regarding Home Occupations 09052019 2 1 connected therewith before burial or cremation

A G E N D AMEETING - Zoning Sub-Committee

Manager's Conference Room

Tuesday, October 22, 20191:00 PM

Administration

Airport

Public Works

Human Resources

Finance

Police Department

Fire Department

Parks & Recreation

Planning Department

19-537-01 Proposed Amendment of Chapter 280: Zoning Regarding Home Occupations

19-565-01 Proposed Amendment of Chapter 280: Zoning regarding design review

19-564-01 Proposed Amendment of Site Plan Submission Requirements

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Memo

Number:To: Zoning Sub-CommitteeFrom: Beth Della Valle, PlanningDate: 2019-10-22 13:00:00

Subject: Proposed Amendment of Chapter 280: Zoning Regarding HomeOccupations

RECOMMENDATION Discuss and schedule City Council public hearing and first reading

Background Information:The City currently allows only family members residing in a residential unit to beemployed in a home occupation. When the Planning Board reviewed how othersimilar service center communities and surrounding towns regulate employment in ahome occupation, it discovered that Sanford was the outlier and most communitiesallow 1 to 2, and sometimes 3, employees who are not residents of the property.

Legal Review Status:N/A

Sub-Committee or Board Recommendation:The Planning Board unanimously recommends approval of the proposedamendment.

Administrative or Departmental Review :See Planning Director's 10/3/2019 memo to City Manager and supportingdocumentation.

Financial Impact or Review:NA

ATTACHMENTS

10032019 Memo to City Manager.docxProposed Amendment Chapter 280 re Home Occupations 09272019.docxCopy of Home occupation Notes.xlsxCopy of Home occupation Notes.xlsxProposed Amendment Chapter 280 re Home Occupations 10152019.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453177/10032019_Memo_to_City_Manager.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453178/Proposed_Amendment_Chapter_280_re_Home_Occupations_09272019.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453179/Copy_of_Home_occupation_Notes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453180/Copy_of_Home_occupation_Notes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/453181/Proposed_Amendment_Chapter_280_re_Home_Occupations_10152019.docx

Proposed Amendment Use Tables regarding home business 10152019.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/453182/Proposed_Amendment_Use_Tables_regarding_home_business_10152019.docx

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TO: Steve Buck, City ManagerFROM: Beth Della Valle, AICP, Director of Planning & DevelopmentDATE: September 27, 2019SUBJECT: Proposed Amendment re Home Occupations

Recommendation: The Planning Board unanimously voted (7:0) to recommend that the City Council adopt the attached proposed amendment of § 280-2-2. Definitions relating to home occupations in addition to a number of minor edits of other definitions to be consistent with current formatting.

Background: The Planning Board prepared the proposed amendment after the Planning Department was approached by a Sanford resident about amending the provision to allow 1-2 employees who do not reside on the premises. The current ordinance provision indicates that “No person other than a member of the family residing on the premises shall be engaged…” in a home occupation.

Most communities in the area allow 1-2, and sometimes more, nonresident employees. See attached spreadsheet summarizing how other communities regulate home occupations. All of the service center communities that were examined, and most of the smaller nearby communities, allow at least 1-2 employees (Biddeford, Brunswick, Kennebunk, Kittery, Saco, South Portland, Wells, Westbrook). Only Berwick and possibly Alfred and Lebanon do not allow nonfamily employees.

The Planning Department worked very closely with the Code Enforcement Department and the Planning Board in preparing the proposed amendments.

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Proposed Amendment to Chapter 280: Zoning regarding Home Occupations 09052019

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Article II. Definitions1

…2

§ 280-2-2. Definitions.3

…4

ACCESSORY APARTMENT An apartment created by converting part of an existing single5family detached dwelling into a separate dwelling unit which is accessory to the single family 6use. The accessory apartment shall conform to all of the following standards: [Amended 2-20-2018]7

1. The accessory apartment shall not have a separate, identifiable front entrance.8

2. The accessory apartment shall not alter the single -family character of the structure.9

…10

ANTIQUE STORE An establishment, attached to or located on a single -family-home parcel, 11engaged in retailing antiques, except motor vehicles such as automobiles, RVs, motorcycles, 12and boats; motor vehicle parts; tires; and mobile homes. An antique, for the purpose of this 13chapter, shall be a work of art, piece of furniture, decorative object or the like, of or belonging to 14the past, and at least thirty (30) years old. [Added 7-20-2010]15…16COMMERCIAL PARKING FACILITYIES FacilitiesA facility for the parking of licensed motor 17vehicles for a fee or to serve another use that is not located on the same parcel.18…19ESSENTIAL SERVICES The following facilityfacilities, provided itthey serves primarily the City 20or a neighborhood or structure within the City: steam, fuel, gas, communication, internet, 21transportation, electric power, or water transmission or distribution lines and related equipment; 22telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar 23pipelines; sewage lines or collection or supply systems; and associated storage tanks. Such 24systems may include poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police 25call boxes, traffic signals, hydrants, and similar accessories but shall not include pumping 26stations or transmitter towers or buildings which are necessary for the furnishing of such 27services. See also the definitions of public utility and transmitter tower. Essential services shall 28not be subject to the space and bulk standards of this chapter. [Amended 8-16-2016]29…30FOR-PROFIT NONMOTORIZED OUTDOOR RECREATION A commercial facilityCommercial 31facilities that provides recreational opportunities that do not involve motorized vehicles or 32amusements, such as tennis clubs, riding stables, and similar uses.33…34FRESHWATER WETLAND Areas that isare inundated or saturated by surface water or 35groundwater at a frequency and for a duration sufficient to support, and which under normal 36circumstances do support, a prevalence of wetland vegetation typically adapted for life in 37saturated soils and that are not part of a great pond, coastal wetland, river, stream or brook. 38Freshwater wetlands may contain small stream channels or inclusions of land that do not do not 39conform to the above criteria. [Added 8-16-2016]40…41FUNERAL HOME Buildings used for the preparation of the dead for burial or cremation, the 42storage of the dead prior to internment, and the display of the deceased, including ceremonies 43

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connected therewith before burial or cremation. Crematories shall not be included as part of a 1funeral home.2…3HOME BUSINESS A business which is operated by a member of a family occupying a single -4family detached dwelling, which business use is accessory to the residential use, occupies not 5more than one-thousand (1,000) square feet of floor area in the dwelling and/or accessory 6buildings, and does not alter the residential character of the buildings or grounds.7

8HOME OCCUPATION An occupation conducted in a dwelling unit or accessory structure, 9provided that:10

1. No more than two (2) employees, or full-time equivalents,person other than residents ofa 11member of the family residing on the premises, shall be engaged in such occupation;12

2. The use of the premises for the home occupation shall be clearly incidental and 13subordinate to its use for residential purposes by its occupants;14

3. There shall be no change in the outside appearance of the building or premises or any 15visible evidence of the conduct of such home occupation other than signs in conformance 16with § 280-14-13.5.1, which shall not be illuminated, exceed six (6) square feet in area per 17street frontage, or extend more than six (6) feet above the ground; [Amended 9-19-2017]18

4. No traffic shall be generated by such home occupation in greater volumes than would be 19expected in the neighborhood, and any need for parking generated by the conduct of such 20home occupation shall be met off the street and other than in a required front yard;21

5. No equipment or process shall be used in such home occupation which creates noise, 22vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off 23the lot, if the home occupation is conducted in a single -family detached dwelling, or outside 24the dwelling unit if conducted in any other form of dwelling. In the case of electrical 25interference, no equipment or process shall be used which creates visual or audible 26interference in any radio or television receiver off the premises or causes fluctuations in line 27voltage of the premises;28

6. There shall be no stock-in-trade regularly maintained or any new commodity sold on the 29premises;30

7. If the home occupation is proposed to be conducted within a residence which is not 31owned by the resident, the resident shall have the written consent of the property owner 32before commencing the home occupation; [Added 7-19-2016]33

8. The home occupation shall undergo an initial inspection by the Code Enforcement 34Department and the Fire Chief to verify that the home occupation meets all applicable 35requirements of the City’s building, electrical, fire, and other health safety and technical 36codes, including but not limited to Chapters 90: Building Construction and 128: Fire 37Prevention. The applicant shall request an inspection with the Code Enforcement 38Department and the Fire Chief a minimum of twenty-four (24) hours in advance and shall not 39receive a Certificate of Occupancy until after the scheduled inspection. When an inspection 40is conducted for a use that is sensitive to contamination of its processes or products, as 41identified by the operator of the home occupation, the Code Enforcement Officer and/or Fire 42Chief shall follow the Protection from Contamination protocols described in Chapter 149: 43Licensing; and [Added 7-19-2016]44

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9. The following are specifically excluded as home occupations: convalescent or nursing 1home, tourist home, animal hospital, restaurant, doctors' and dentists' offices, small engine 2repair, and automotive tune-up.3

…4LODGING An overnight accommodation with sleeping arrangements provided for a fee. For the 5purposes of this chapter, the following types of lodging have specific meanings:6…7

3. RENTING OF ROOMS AND FURNISHING OF BOARD The provision of not more than 8two (2) rooms for rent in a building of residential character, which is used principally as a 9single -family dwelling, in which the family or person residing permanently in the home acts 10as proprietor and in which meals may be taken.11

…12MANUFACTURED HOUSING UNIT Structures, transportable in one (1) or more sections, 13which waswere constructed in a manufacturing facility and isare transported to a building site 14and designed to be used as a dwellings when connected to the required utilities, including the 15plumbing, heating, air-conditioning and electrical systems contained therein.16…17MENTAL HEALTH AND ABUSE CLINIC (North American Industry Classification System 18No. 621420) AnThis industry comprises establishments with medical staff primarily engaged in 19providing outpatient services related to the diagnosis and treatment of mental health disorders 20and alcohol and other substance abuse. ThisThese establishments generally treats patients 21who do not require inpatient treatment. ItThey may provide a counseling staff and information 22regarding a wide range of mental health and substance abuse issues and/or refer patients to 23more extensive treatment programs, if necessary. [Added 8-16-2016]24…25MOBILE HOME A unitThose units, single width or otherwise, which the manufacturer certifies 26isare constructed in compliance with the State of Maine’s Manufactured Housing Act and 27regulations, meaning a structures, transportable in one (1) or more sections, which isare not 28constructed on a permanent chassis and isare designed to be used as dwellings on permanent 29foundations when connected to required utilities, including the plumbing, heating, air-30conditioning, and electrical systems contained therein. [Added 8-16-2016]31

…32

MODULAR HOME AThose units, single width or otherwise, which the manufacturer certifies 33isare constructed in compliance with the state's Manufactured Housing Act[4] and regulations, 34meaning a structures, transportable in one (1) or more sections, which isare not constructed on 35a permanent chassis and isare designed to be used as a dwellings on permanent foundations36when connected to required utilities, including the plumbing, heating, air-conditioning, and 37electrical systems contained therein.38

39MOTOR VEHICLE REPAIR FACILITYFACILITIES A businessThis use includes those 40operations which provides services to motor vehicles which involve body work, painting, engine 41rebuilding, or structural repairs or alterations.42

43MOTOR VEHICLE SALES AND SERVICE The use of any building or land area for the display 44and sale of new or used automobiles, trucks, vans, trailers and recreation vehicles, and 45including repair facilities for such vehicles. Does not include vehicles defined as "power sport 46vehicles." [Amended 1-18-2005]47

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MOTOR VEHICLE SERVICE FACILITYFACILITIES A businessThis use includes those 1operations which provides service, maintenance, and minor repairs for motor vehicles, including 2the accessory sale of gasoline, parts, and supplies. This use shall include service stations, 3muffler, transmission, and brake shops, car washes, tune-up centers, and similar uses but shall 4not include operations involving body work, painting, engine rebuilding, or structural repairs or 5alterations.6…7

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, 2002 (NAICS) A numerical 8identification system developed to provide a consistent framework for the collection, analysis 9and dissemination of industrial statistics used by government policy analysts, academics and 10researchers, the business community, and public. NAICS provides a definition for activities that 11are not single family and two (2) - family residential uses.12…13ONE-HUNDRED (100) YEAR FLOOD The highest level of flooding that, on the average, has a 14one percent (1%) chance of occurring in any given year. [Added 8-16-2016]15…16PREPARED MARIJUANA As defined in Maine Medical Use of Marijuana Act or state 17administrative rules the Marijuana Legalization Act. [Added 7-19-2016, Amended 7-2-2018, Amended 7-9-2019]18…19PROPOSED LOCAL STREET See definition of LOCAL STREET.20

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Non residents Allowed? 1 2 3+Sanford NOBiddeford YES XBrunswick YES XKittery YES

Minor Classification X 3 allowed, inclusive of residents of the premisesMajor Classification X 5 allowed, inclusive of residents of the premises

Saco YES XSouth Portland YES XWestbrook YES X

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3 allowed, inclusive of residents of the premises5 allowed, inclusive of residents of the premises

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Non residents Allowed? 1 2 3+Sanford NOBiddeford YES XBrunswick YES XKittery YES

Minor Classification X 3 allowed, inclusive of residents of the premisesMajor Classification X 5 allowed, inclusive of residents of the premises

Saco YES XSouth Portland YES XWestbrook YES X

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3 allowed, inclusive of residents of the premises5 allowed, inclusive of residents of the premises

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Article II. Definitions1

…2

§ 280-2-2. Definitions.3

…4

ACCESSORY APARTMENT An apartment created by converting part of an existing single5family detached dwelling into a separate dwelling unit which is accessory to the single family 6use. The accessory apartment shall conform to all of the following standards: [Amended 2-20-2018]7

1. The accessory apartment shall not have a separate, identifiable front entrance.8

2. The accessory apartment shall not alter the single -family character of the structure.9

…10

ANTIQUE STORE An establishment, attached to or located on a single -family-home parcel, 11engaged in retailing antiques, except motor vehicles such as automobiles, RVs, motorcycles, 12and boats; motor vehicle parts; tires; and mobile homes. An antique, for the purpose of this 13chapter, shall be a work of art, piece of furniture, decorative object or the like, of or belonging to 14the past, and at least thirty (30) years old. [Added 7-20-2010]15…16COMMERCIAL PARKING FACILITYIES FacilitiesA facility for the parking of licensed motor 17vehicles for a fee or to serve another use that is not located on the same parcel.18…19ESSENTIAL SERVICES The following facilityfacilities, provided itthey serves primarily the City 20or a neighborhood or structure within the City: steam, fuel, gas, communication, internet, 21transportation, electric power, or water transmission or distribution lines and related equipment; 22telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar 23pipelines; sewage lines or collection or supply systems; and associated storage tanks. Such 24systems may include poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police 25call boxes, traffic signals, hydrants, and similar accessories but shall not include pumping 26stations or transmitter towers or buildings which are necessary for the furnishing of such 27services. See also the definitions of public utility and transmitter tower. Essential services shall 28not be subject to the space and bulk standards of this chapter. [Amended 8-16-2016]29…30FOR-PROFIT NONMOTORIZED OUTDOOR RECREATION A commercial facilityCommercial 31facilities that provides recreational opportunities that do not involve motorized vehicles or 32amusements, such as tennis clubs, riding stables, and similar uses.33…34FRESHWATER WETLAND Areas that isare inundated or saturated by surface water or 35groundwater at a frequency and for a duration sufficient to support, and which under normal 36circumstances do support, a prevalence of wetland vegetation typically adapted for life in 37saturated soils and that are not part of a great pond, coastal wetland, river, stream or brook. 38Freshwater wetlands may contain small stream channels or inclusions of land that do not do not 39conform to the above criteria. [Added 8-16-2016]40…41FUNERAL HOME Buildings used for the preparation of the dead for burial or cremation, the 42storage of the dead prior to internment, and the display of the deceased, including ceremonies 43

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2

connected therewith before burial or cremation. Crematories shall not be included as part of a 1funeral home.2…3HOME BUSINESS A business which is operated by a member of a family occupying a single-4family detached dwelling, which business use is accessory to the residential use, occupies not 5more than one-thousand (1,000) square feet of floor area in the dwelling and/or accessory 6buildings, and does not alter the residential character of the buildings or grounds.7

8HOME OCCUPATION An occupation conducted in a dwelling unit or accessory structure, 9provided that:10

1. No more than one (1) employeeperson other than residents ofa member of the family 11residing on the premises, shall be engaged in such occupation;12

2. The use of the premises for the home occupation shall be clearly incidental and 13subordinate to its use for residential purposes by its occupants;14

3. There shall be no change in the outside appearance of the building or premises or any 15visible evidence of the conduct of such home occupation other than signs in conformance 16with § 280-14-13.5.1, which shall not be illuminated, exceed six (6) square feet in area per 17street frontage, or extend more than six (6) feet above the ground; [Amended 9-19-2017]18

4. No traffic shall be generated by such home occupation in greater volumes than would be 19expected in the neighborhood, and any need for parking generated by the conduct of such 20home occupation shall be met off the street and other than in a required front yard;21

5. No equipment or process shall be used in such home occupation which creates noise, 22vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off 23the lot, if the home occupation is conducted in a single -family detached dwelling, or outside 24the dwelling unit if conducted in any other form of dwelling. In the case of electrical 25interference, no equipment or process shall be used which creates visual or audible 26interference in any radio or television receiver off the premises or causes fluctuations in line 27voltage of the premises;28

6. There shall be no stock-in-trade regularly maintained or any new commodity sold on the 29premises;30

7. If the home occupation is proposed to be conducted within a residence which is not 31owned by the resident, the resident shall have the written consent of the property owner 32before commencing the home occupation; [Added 7-19-2016]33

8. The home occupation shall undergo an initial inspection by the Code Enforcement 34Department and the Fire Chief to verify that the home occupation meets all applicable 35requirements of the City’s building, electrical, fire, and other health safety and technical 36codes, including but not limited to Chapters 90: Building Construction and 128: Fire 37Prevention. The applicant shall request an inspection with the Code Enforcement 38Department and the Fire Chief a minimum of twenty-four (24) hours in advance and shall not 39receive a Certificate of Occupancy until after the scheduled inspection. When an inspection 40is conducted for a use that is sensitive to contamination of its processes or products, as 41identified by the operator of the home occupation, the Code Enforcement Officer and/or Fire 42Chief shall follow the Protection from Contamination protocols described in Chapter 149: 43Licensing; and [Added 7-19-2016]44

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9. The home occupation shall require an annual license from the City Council as defined in 1Chapter 2

10. The following are specifically excluded as home occupations: businesses that generate 3more than one (1) or (2) clients coming to the home at any single time, convalescent or 4nursing home, tourist home, animal hospital, restaurant, doctors' and dentists' offices, small 5engine repair, and automotive tune-up.6

…7LODGING An overnight accommodation with sleeping arrangements provided for a fee. For the 8purposes of this chapter, the following types of lodging have specific meanings:9…10

3. RENTING OF ROOMS AND FURNISHING OF BOARD The provision of not more than 11two (2) rooms for rent in a building of residential character, which is used principally as a 12single -family dwelling, in which the family or person residing permanently in the home acts 13as proprietor and in which meals may be taken.14

…15MANUFACTURED HOUSING UNIT Structures, transportable in one (1) or more sections, 16which waswere constructed in a manufacturing facility and isare transported to a building site 17and designed to be used as a dwellings when connected to the required utilities, including the 18plumbing, heating, air-conditioning and electrical systems contained therein.19…20MENTAL HEALTH AND ABUSE CLINIC (North American Industry Classification System 21No. 621420) AnThis industry comprises establishments with medical staff primarily engaged in 22providing outpatient services related to the diagnosis and treatment of mental health disorders 23and alcohol and other substance abuse. ThisThese establishments generally treats patients 24who do not require inpatient treatment. ItThey may provide a counseling staff and information 25regarding a wide range of mental health and substance abuse issues and/or refer patients to 26more extensive treatment programs, if necessary. [Added 8-16-2016]27…28MOBILE HOME A unitThose units, single width or otherwise, which the manufacturer certifies 29isare constructed in compliance with the State of Maine’s Manufactured Housing Act and 30regulations, meaning a structures, transportable in one (1) or more sections, which isare not 31constructed on a permanent chassis and isare designed to be used as dwellings on permanent 32foundations when connected to required utilities, including the plumbing, heating, air-33conditioning, and electrical systems contained therein. [Added 8-16-2016]34

…35

MODULAR HOME AThose units, single width or otherwise, which the manufacturer certifies 36isare constructed in compliance with the state's Manufactured Housing Act[4] and regulations, 37meaning a structures, transportable in one (1) or more sections, which isare not constructed on 38a permanent chassis and isare designed to be used as a dwellings on permanent foundations39when connected to required utilities, including the plumbing, heating, air-conditioning, and 40electrical systems contained therein.41

42MOTOR VEHICLE REPAIR FACILITYFACILITIES A businessThis use includes those 43operations which provides services to motor vehicles which involve body work, painting, engine 44rebuilding, or structural repairs or alterations.45

46MOTOR VEHICLE SALES AND SERVICE The use of any building or land area for the display 47and sale of new or used automobiles, trucks, vans, trailers and recreation vehicles, and 48

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including repair facilities for such vehicles. Does not include vehicles defined as "power sport 1vehicles." [Amended 1-18-2005]2

3MOTOR VEHICLE SERVICE FACILITYFACILITIES A businessThis use includes those 4operations which provides service, maintenance, and minor repairs for motor vehicles, including 5the accessory sale of gasoline, parts, and supplies. This use shall include service stations, 6muffler, transmission, and brake shops, car washes, tune-up centers, and similar uses but shall 7not include operations involving body work, painting, engine rebuilding, or structural repairs or 8alterations.9…10

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, 2002 (NAICS) A numerical 11identification system developed to provide a consistent framework for the collection, analysis 12and dissemination of industrial statistics used by government policy analysts, academics and 13researchers, the business community, and public. NAICS provides a definition for activities that 14are not single family and two (2) - family residential uses.15…16ONE-HUNDRED (100) YEAR FLOOD The highest level of flooding that, on the average, has a 17one percent (1%) chance of occurring in any given year. [Added 8-16-2016]18…19PREPARED MARIJUANA As defined in Maine Medical Use of Marijuana Act or state 20administrative rules the Marijuana Legalization Act. [Added 7-19-2016, Amended 7-2-2018, Amended 7-9-2019]21…22PROPOSED LOCAL STREET See definition of LOCAL STREET.23…24

§ 280-11-3. Rural Mixed Use Zone (RMU).25

…26280-11-3.6.2 Development standards. In addition to the space and bulk standards set forth in §§ 280-11-3-276-1, the following standards shall apply as indicated:28…29

280-11-3.6.2.4 Access limitations to Route 4. In addition to the general access limitations set forth 30in §§ 280-14-4 and 280-14-5, any nonresidential use, including home businesses, located on a lot 31with frontage on Route 4 shall either:32

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Proposed Amendment of Land Use Table 10152019

1

ZONING

280 Attachment 1A & 1B

Table of Land Use

[Amended 1-18-2005; 3-21-2006; 3-6-2007; 1-15-2008; 5-3-2010; 7-6-2010; 7-20-2010; 8-24-2010; 10-5-2010; 5-3-2011; 12-17-2013; 5-20-2014; 7-19-2016; 3-7-2017; 6-5-2018, 8-21-2018; 10-16-2018; 7-9-2019]

The following tables of land uses identifies which uses of land, buildings, or structures are permitted by right, permitted subject to review, or permitted subject to the issuance of a conditional use permit in the various zones. Uses permitted by right are indicated by a “P” in the appropriate column. Uses permitted only with approval from the appropriate authority are indicated by a “PR” in the appropriate column. Use permitted only with the issuance of a conditional use permit are indicated by a “CU.” A use which is not designated as a use permitted by right, a use permitted only with review, or a use permitted only with a conditional use permit in any zone is deemed to be a prohibited use in that zone.

Table 280 Attachment 1A lists residential uses

Table 280 Attachment 1B lists non-residential uses for the Airport Development (AD), Industrial Business (IB) and Urban (U) Zones.

When a use appears in both Table 1A and 1B, the more restrictive use designation will apply.

Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

OverlayI. Rural Uses

A. Principal Uses1. Abattoir PR PR PR2. Commercial agriculture, including animal

husbandryP P P P CU, except

for animal husbandry, which is not allowed

3. The keeping of pigs, chickens, and fowl for commercial purposes

PR PR PR

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2


Overlay4. The processing and/or sale of agricultural

products raised on the premisesP P P P P for sale

5. Aquaculture P P P P Indoor operation, CU Outdoor operation

6. Forest management P P P P CU7. Timber harvesting P8. The commercial processing of wood,

including cutting, sawing, splitting, and chipping

PR PR PR PR

9. Lumberyard, including the milling and distribution of wood products and the wholesale and retail sales of building materials

PR PR PR CU

10. Mineral exploration P P PR11. Mineral extraction PR PR PR12. Road and driveway construction P P P P P P13. Kennel PR PR PR14. The reuse of existing agricultural buildings PR PR CU PR

II. Residential UsesA. Principal Uses

1. Single-family detached dwelling P P P P P2. Conversion of a single-family detached

dwelling existing as of the date of adoption of this chapter into a two (2)-family dwelling

PR PR P P P

3. Two (2) family dwelling P P4. Multifamily dwelling P P5. Multifamily dwelling above the ground floor of

mixed use developmentPR P

6. Mobile home park with access from a collector or arterial

PR

7. Expansion of existing mobile home park PR8. Convalescent, rest, or nursing home PR P except CU

for 62322

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Overlay9. Residential care or congregate care facility PR P except CU

for 623229a. Expansion of existing residential care or

congregate care facilityPR PR PR P except CU

for 62322B. Uses Accessory To Any Residential Use

1. Home business PR PR PR P12. Home occupation P P P P P P P23. Medical marijuana home occupation P P P P P P P34. Medical marijuana home production P P P P P P P45. Residential solar system P P P P P P P

C. Uses Accessory To Single Family Residential Use1. Renting of rooms and furnishing of board P P P P2. Accessory apartment P P P3. Family child care and/or adult day services

for fewer than nine (9) clientsP P P P P

4. Excavating and general contractor and owner-operated trucking operation on lots of greater than five (5) acres

PR PR PR PR

III. Institutional UsesA. Principal Uses

1. Child care center or nursery school with thirteen (13) or fewer children

624110 PR PR PR PR PR PR P

2. Child care center or nursery school with thirteen (13) or more children

624110 CU CU PR PR PR P

2a. Adult day service center with thirteen (13) or more clients

624110 PR PR PR P

3. Church, including accessory residential use 813110 PR PR PR PR PR4. Library 519120 PR PR PR5. Municipal use PR PR PR PR PR6. Public school and college PR PR PR7. Private school and college PR PR PR8. Nonprofit club and lodge PR PR PR9. Hospital 62211010. Museum 712110 PR PR PR11. Cemetery 812220 PR PR PR PR12. Nonprofit service organization CU CU CU CU CU

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Overlay13. Horse show 7113 CU CU

IV. Recreation UsesA. Principal Uses

1. Golf course 713910 PR PR PR2. For-profit, nonmotorized outdoor recreation PR PR PR3. Amusement 7131 PR4. Government and nonprofit park and outdoor

recreationPR PR PR PR

5. Fully enclosed place of recreation 713940 PR PR6. Campground 721211 PR PR7. Archery range 713990 PR PR8. Open air firearms range8a. Fully enclosed firearms ranges CU CU9. Indoor horse ring 115210 PR PR

V. Utility UsesA. Principal Uses

1. Essential service P P P P P P P2. Public utility PR PR PR PR PR PR PR3. Transmitter tower within designated

transmitter tower overlay zoneCU CU

4. Wind generator 221119 CU CU CU5. Alternative communication tower PR PR PR PR6. Commercial solar system P P P P P P7. Utility solar system P P

VI. Commercial and Industrial UsesA. Principal Use

1. Drinking place 722410 PR P2. Eating place PR P3. Takeout eating place 722211 PR P4. Drive-through eating place5. Financial institution PR5A. Financial institution with a drive-through6. Professional office CU PR7. Business office CU PR8. Business service 561439 CU PR P9. Personal service CU PR

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Overlay10. Repair service not involving motor vehicles 8112 PR PR CU except

when proposed use meets a

below11. Tradesman PR PR PR PR12. Health service facility13. Veterinary clinic/grooming 541940/8129 PR PR P for

grooming/CU for clinics,except when proposed use meets a

below14. Studio of artisan PR PR PR15. Commercial school 611519 PR16. Retail store PR17. Limited retail store PR PR17a. Limited retail store not located on a

numbered highwayPR

18. Research and development facility 541710 PR19. Testing facility 3345 PR CU, except


below20. Hotel or motel 7211 PR P21. Inn or bed-and-breakfast 7211 PR PR PR PR P22. Sale of gasoline accessory to a retail use PR23. Motor vehicle service facility23a. Motor vehicle repair facility24. Motor vehicle sales and service

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Overlay24a. Small-scale motor vehicle service, repair, or

sales facilityCU PR

24b. Power sport vehicle sales and service PR25. Marina 713930 PR PR P26. Marine sales and service PR PR PR27. Warehousing and storage 493110 PR27a. Mini storage warehouse PR PR28. Wholesale sale 423110 PR29. Trucking and distribution facility PR30. Light manufacturing 332431 PR CU, except


below31. Contractor 2361 PR PR31a. Excavating and general contractor 238910 PR32. Commercial parking facility 238990 PR PR CU for

freestanding businesses not associated with another use or structures

33. Funeral home 812210 P, except for crematories

34. Unenclosed storage of unregistered cars, junk cars, or junked car parts

CU CU

35. Petroleum product storage36 Medical marijuana production facility P P CU

B. Accessory Uses1. Retail sales of items manufactured on the

premisesP PR

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Overlay2. Cafeteria and food service not open to the

publicPR

3. Outside storage of materials, equipment and products in conjunction with an allowed principal use

P P PR

4. Drive-through service in conjunction with an allowed principal use

5. Outdoor display of retail goods during business hours in conjunction with an allowed retail use

PR

5a. Outdoor display of aboveground swimming pools, sheds, gazebos and fences in conjunction with an allowed principal use

PR

6. Outdoor eating place chairs, tables or umbrellas to serve patrons in an adjacent eating place

PR

7. Antique store CU CUVII. Accessory Uses

1. Accessory building and structure P P P P P2a. Off-street parking accessory to a permitted

useP P P P P

2b. Off-street parking accessory to a use permitted with review or a conditional use

PR PR PR PR PR

3. Sign P P P P P4. Yard sale P P P P P

A Change in use within an existing developed site shall be permitted if it:

expands the existing structure no more than a five-hundred square foot, expands impervious cover no more than five-hundred (500) square feet, expands parking by no more than five (5) spaces, does not appreciably increase traffic to and from the site, screens service vehicles from view from a public right-of-way or adjacent properties, and provides new or expanded planting of street trees along street frontages.

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TABLE 280 ATTACHMENT 1B

Non-Residential Uses NAICS AD IB UrbanAgriculture, Forestry, Fishing and Hunting 11 P 1114, 111998 P 1112, 1114, 1119, 115 All CU, except when

proposed use meets a

below Mining 21Utilities 22 All P but 2211, except

221119 which is PBAll P All CU, except when

proposed use meets a

belowRoof-mounted commercial and utility solar systems are P

Construction 23 P 2362, 2382, 2383 All P All CU, except when proposed use meets a

belowManufacturing 31-33 P 3111-3115, 3117-3119,

312-316 (not including 3161), 321-322 (not including 321114), 323, 325411, 326, 332, 334, 337, 339

P 3111-3115, 3117-3159, 321-3219, 3222, 323, 3254, 3256, 326, 327, 332, 337, 339

All CU, except when proposed use meets a

below

Wholesale Trade 42 All P All PRetail Trade 44-45 P 442-446, 448, 451-454

(not 45431) P 441-446, 448-454 All P

Transportation and Warehousing 48-49 P 481, 484, 485, 4871, 4879, 4881, 4884, 4885, 4899

P 482-493 P 485, 4862, 491-492/CU 484, 4862, 487,493, except when proposed use meets a

belowInformation 51 All P All P All PFinance and Insurance 52 All P All P All PReal Estate and Rental and Leasing 53 All P All P All PProfessional, Scientific, and Technical Services

54 All P All P All P

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Non-Residential Uses NAICS AD IB UrbanManagement of Companies and Enterprises

55 All P All P All P

Administrative and Support and Waste Management and Remediation Services

56 All P All P All P (not including 562)

Educational Services 61 All P (not including 6111) All P (not including 6111) All PHealth Care and Social Assistance 62 All P, except nonprofit

medical marijuana dispensary is not allowed

All P, except nonprofit medical marijuana dispensary is not allowed

All P, except for 62322 and nonprofit medical marijuana dispensary are not allowed

Arts, Entertainment, and Recreation 71 All P All P All PAccommodation and Food Services 72 All P All P All POther Services (except Administration) 81 All P All P All PPublic Administration 92 All P All P All P, except for 92214 for

long term incarcerationA Change in use within an existing developed site shall be permitted if it:

expands the existing structure no more than a five-hundred square foot, expands impervious cover no more than five-hundred (500) square feet, expands parking by no more than five (5) spaces, does not appreciably increase traffic to and from the site, screens service vehicles from view from a public right-of-way or adjacent properties, and provides new or expanded planting of street trees along street frontages.

25

Proposed Amendment to Chapter 149: Licensing regarding Home Occupations 10152019

C. Fee schedule, business license categories:

Category 1 Licenses Fee Statutory or Code Reference(Administrative Approval)…Home occupations $50 per year Ch. 280

26

Memo


Subject: Proposed Amendment of Chapter 280: Zoning regarding designreview

RECOMMENDATION Discuss and schedule public hearing and first reading

Background Information:The proposed amendment includes revision of the Sanford Downtown andSpringvale Village Design Overlay Districts as well as revision to Design Standards.


Sub-Committee or Board Recommendation:See attached Memo to City Manager

Administrative or Departmental Review :See attached Memo to City Manager


ATTACHMENTS

Sanford Design District 10082018.pdfSpringvaleDesignDistrict 10082019.pdfProposed Amended Sanford Design District 09262019.docx10172019 Memo to City Manager.docx

27

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453192/Sanford_Design_District_10082018.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453193/SpringvaleDesignDistrict_10082019.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453194/Proposed_Amended_Sanford_Design_District_09262019.pdf


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Proposed Amendment Chapter 280: Zoning, Design Review Standards 09262019Underlined text is proposed to be added; text struck out is proposed to be eliminated.

1

Article XV. Performance Standards1

…2§ 280-15-11 Design Sstandards [Added 8-16-2016]3

Any exterior modificationdevelopment on a parcel that is located in a Design District Overlay 4Zone, except for a single family homedwelling, two (2) family dwelling, three (3) unit multifamily 5dwelling, and/or demolition of an existing structure, shall require review and recommendation to 6the City Council, Planning Board, Site Plan Review Committee, Planning Director, and/or Code 7Enforcement Officer by the Design Review Committee, except that the following proposed 8modifications shall be delegated to the Planning Director for review:. [Amended 10-2-2018]9

280-15-11.1. Alterations of color, font, logos or minor modifications of size, shape, or location of existing 10franchise signage. An increase in the number of signs shall continue to be reviewed by the Design 11Review Committee.12

280-15-11.2. Small changes to design features, including but not limited to awnings, if there is only one 13(1) option to meet building or zoning codes.14

280-15-11.3. Modifications that are not visible from a public way or street level of a public property or that 15are proposed to be screened from view from a public way or street level of a public property by one (1) or 16more techniques including, but not limited to, fences, berms, or landscaping.17

280-15-11.41. Intent1819

[Continue renumbering consecutively through end of § 280-15-11.]2021

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TO: Steve Buck, City ManagerFROM: Beth Della Valle, AICP, Director of Planning & DevelopmentDATE: October 17, 2019SUBJECT: Proposed Amendment of Design Review District Boundaries and Design Standards

Planning Board Recommendation: At its October 16, 2019 meeting, the Planning Board unanimously voted (5:0) to recommend that the City Council adopt the attached proposed amendment of the boundaries of the Sanford Downtown and Springvale Village Design Overlay Districts and of § 280-15-11Design Standards.

Background: Following several months of work and assessment of past Design Review Committee (DRC) applications/recommendations, the DRC recommended the following amendments at its September 11, 2019 meeting to help “right-size” design review regulations by:

A. Revising the boundaries of the Sanford Downtown and Springvale Village Design Review Districts. B. Amending Design Standards to exempt additional properties and delegate some reviews to staff,

with the option of bumping them up to the Committee if the proposal is complicated or likely to be controversial.

Following two work sessions, the Planning Board held a public hearing on the proposed amendments. No one spoke either in favor of or opposition to the proposed amendments.

A. Revision of District Boundaries. See attached maps. The salmon color reflects the current boundaries in both Districts and the darker red color reflects the extent of the proposed new boundaries. There are three areas proposed to be removed from the Sanford Downtown Overlay District. They are well off Main Street in most cases and are more residential than commercial in character. The boundaries of the Springvale Village Downtown Overly District are proposed to be significantly cut back to largely follow Main Street, Bridge Street, Mill Street, Water Street, Pleasant Street, and Shaws Ridge Road.

B. Amendment of Standards. The amendment of § 280-15-11 Design Standards proposes to:1. Exempt 2 and 3 unit residential structures from design review.2. Delegate the following projects to staff review, with the option of bumping the review up to the

Design Review Committee:a. Proposed changes to franchise signs that would alter color, font, logos or include minor

modifications of size, shape, or location. An increase in the number of signs shall continue to be reviewed by the Design Review Committee.

b. Proposed small design features including, but not limited to, awnings, if there is only one option to meet code.

c. Proposed modifications that are not visible from a public way or public property or that are proposed to be screened from view by one or more techniques (fencing, berms, landscaping, etc.).

The Design Review Committee is continuing to discuss other options for delegation to staff and will report back to the Planning Board if and when it determines that there reasonable additional options.

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Memo


Subject: Proposed Amendment of Site Plan SubmissionRequirements

RECOMMENDATION Discuss and schedule public hearing and first reading

Background Information:This is the second component of structural changes to site plan review process toright size the regulation of small projects. See attached Memo to City Manager.


Sub-Committee or Board Recommendation:See attached Memo to City Manager

Administrative or Departmental Review :See attached Memo to City Manager


ATTACHMENTS

Proposed Amendment Chapter 280 SP Submissions 09262019.docxProposed Amendment Planning Board By-Laws 09262019.doc10172019 Memo to City Manager.docx

32

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453189/Proposed_Amendment_Chapter_280_SP_Submissions_09262019.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/453190/Proposed_Amendment_Planning_Board_By-Laws_09262019.pdf


Proposed Amendment Chapter 280: Zoning, Site Plan Submissions for Staff Level Review 09262019Underlined text is proposed to be added; text that is struck out is proposed to be eliminated.

Article XVI. Site Plan Review [Added 8-16-2016]

…§ 280-16-6 Scheduling, submission, fee, and review procedures…

280-16-6.7 Submission requirements. The application for site plan review shall contain the following exhibits and information; except that applications for staff level review under § 280-16-4.2.4 may provide a reduced list of exhibits and information in conformance with the Planning Board’s ByLaws. The applicant shall provide a date and description of changes on all revised plans and documents. A generic state that revisions are “per staff comments” shall not be adequate. [Amended 8-20-2019]

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CITY OF SANFORD

BY-LAWS FOR THE PLANNING BOARD

(Adopted January 19, 1994)Revised: January 2, 2007

Updated: April 2012Updated: December 2012

Updated: April 2016Updated June 15, 2016

Updated February 1, 2017Updated March 7, 2018

Updated January 16, 2019Updated ______, 2019

SECTION 1. BOARD MEMBERS

1.1 MEMBERSHIP

Per Section 280-5-2 of the City of Sanford Zoning Ordinance and City Charter Article IX. Municipal Development, Section 903 – Planning Board, the Planning Board shall consist of seven (7) members who shall be appointed by the City Council.

1.1.1 Planning Board members are expected to be reasonably knowledgeable about and abide by:

1.1.1.1 State laws and regulations guiding the regulation of land use (Title 30-A MRSA Chapters 187 and 191),1.1.1.2 The City’s ordinances including Chapter 270: Shoreland Zoning, Chapter 275: Subdivision, and Chapter280: Zoning, and1.1.1.3 The City’s Comprehensive Plan.

1.1.2 Planning Board members also are expected to:

1.1.2.1 Review materials provided by the Planning Director prior to the start of the meeting at which the application will be heard,

1.1.2.2 Listen to all testimony and review all materials provided at the meeting at which the application is heard, and

1.1.2.3 Refrain from using electronic or other devices (e.g., cell phones, web pages, etc.) for purposes other than those related to the application under review. Cell phones and other electronic devices with audible tones shall be turned off or muted and personal cell phone, email, and social media use are not allowed during meetings.

1.1.2.4 Comply with the City Council’s City Boards and Committee Code of Conduct.

1.1.3 Planning Board members are strongly encouraged to attend all Planning Board functions including workshops, sitewalks, and periodic training and/or legal updates to expand their knowledge and understanding of land use regulation.

1.2 OFFICERS

1.2.1 Per Section 280-5-3, a Chair and Vice Chair shall be elected by the Board from its own membership at the first regular meeting of the Board in January of each year and serve for one (1) year or until their successors are

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elected. No member of the Planning Board shall be eligible for re-election as Chair or Vice Chair for more than three (3) consecutive one (1)-year terms.

1.2.2 The Chair shall preside at all Planning Board meetings and shall have the authority to rule on questions of evidence and procedure, to maintain order and determine the course of proceedings, and to take other such action as may be necessary and not inconsistent with these by-laws or other law to enable the Planning Board to perform its duties and conduct its affairs. The Chair may speak to points of order in performance to other Planning Board members, and shall decide all questions of order subject to an appeal to the Planning Board by motion regularly seconded, and no other business shall be in order until the question on appeal is decided. The Chair shall declare all votes, but if any member doubts a vote the Chair shall cause a recount of the members voting in the affirmative and in the negative without debate.

1.2.3 The Vice Chair shall serve as acting Chair in case of the Chair’s death, resignation, incapacity, or absence. If neither the Chair nor Vice Chair is present, the Board shall elect from its own membership a Chair Protem who shall serves as Chair for that meeting only.

1.2.4 Upon the vacancy of the Chair or Vice Chair, a special election shall be held by the Planning Board to fill the vacancy.

1.2.5 No member speaking shall be interrupted by another, but by a call to order or to correct a mistake.

1.3 ATTENDANCE POLICY

1.3.1 When a member is not able to attend a scheduled Planning Board meeting, notification shall be made to the Planning Department and Chair by an email and/or a phone call, in advance if possible, in order to facilitate the work of the Planning Board at that meeting. If an extended absence is necessary, that member shall discuss it with the Planning Board in advance, if possible. It shall be the responsibility of the member to contact the Planning Director to review discussion of agenda items and the outcome of the Planning Board’s meeting.

1.3.2 If a member is absent for three (3) consecutive meetings or is unable to attend on a regular basis, without acceptable reason or prior arrangement, the Chair shall contact the member to determine if that member is able to continue on the Planning Board. If the response is negative, the Chair shall ask the member to provide a written letter of resignation to the City Manager. If the response is positive, that member shall continue to serve on the Planning Board.

1.3.2 If a member fails to attend at least seventy-five percent (75%) of all meetings during the previous twelve (12) months, the Chair shall notify the City Council, which may remove the member for cause under § 280-5.2.3.

1.4 COMMUNICATION WITH THE PLANNING BOARD

1.4.1 The official method of communicating with the Planning Board shall be via email to distribute meeting packets. The Planning Director may also provide updated and/or supplemental written information at the meeting.

SECTION 2. RECORD OF BUSINESS

2.1 MINUTES

The Planning Board shall designate a Secretary, who shall be responsible for keeping the official record of eachmeeting where official business is conducted. The written record shall include the reasons for the Planning Board’s decisions or recommendations and shall be made available to any interested member of the public. Copies shall be

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sent to the members of the Planning Board with notices of the agenda of the next meeting. Copies shall also be sent to the City Manager.

2.2 APPROVAL OF MINUTES

The Planning Board shall act to approve or amend available minutes of any meeting at its next regularly scheduled meeting.

2.3 STATUS OF AUDIO RECORD

The written record shall constitute the official proceedings of the Planning Board. Audio recordings, which are made at the discretion of the Planning Director, may assist in the preparation of the written record, but they do not constitute the official proceedings. Audio records which are made shall be kept in the archives of the Planning Department in a manner consistent with 30-A MSRA, Section 2215. Because they are not a part of any official proceeding, audio recordings or copies there of are not available to the general public except as part of a legal proceeding.

2.4 EX PARTE (OUTSIDE) COMMUNICATIONS

2.4.1 To preserve public confidence in the fairness of Planning Board deliberations, the Planning Board shall ensure that the public and interested parties have the opportunity to know and respond to, all information itconsiders in making its decisions. The Planning Board shall also ensure that each member has the opportunity to know and consider the information available to other members.

2.4.2 When considering items or issues, the Planning Board deals with parties who are directly affected by the Planning Board’s decision (such as the applicant and neighbors of a proposed project). Each of these interested parties need the assurance that other interested parties will not have unfair advantage in presenting their version of the relevant facts or concerns to the Planning Board. In such cases, therefore, Planning Board members shallavoid communicating with applicants or other interested parties about the proposal except at the Planning Board meeting (i.e., an “ex parte communication” at which the proposal is being considered.

2.4.3 Ex parte communications can occur in person via telephone, fax, email, or other method of communication.

2.4.4 A Planning Board member who is approached with an ex parte communication should actively discourage the person from doing so and encourage the person to submit the information to the Planning Board in writing or through oral testimony at a Planning Board meeting. The Planning Board member should explain that, by providing information outside the public meeting, the person may be causing constitutional due process problems with the Planning Board’s process and that the Planning Board may not legally be able to consider the information the person is trying to present.

2.4.5 If a Planning Board members receives unsolicited communications about an item or issue, outside of a Planning Board meeting, the member has the duty to reveal the communications during the Planning Board’s consideration of the proposal. This ensures that the communicated information will become part of the recordand that other Planning Board members and interested parties will have an opportunity to consider and refute the information.

2.4.6 Comprehensive Plan, Zoning, and Subdivision ordinance amendments are legislative determinations to be made by the City Council, and when considering such matters the Planning Board’s role is purely advisory. When the Planning Board considers such issues it often finds access to a broad range of public input helpful in making a decision. In such cases, Planning Board members may communicate with interested persons outside of the meetings at which the issue is being considered, but each member has the duty to reveal the general nature and scope of relevant information and opinions gleaned from such communications during the Planning Board’s

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consideration of the issue. To ensure that each member’s decision is based on the full range of information and public opinion available to the Planning Board, members should avoid committing themselves to a position on the issue during any outside communications.

2.4.7 Under no circumstances should Planning Board members meet with someone representing one side of an item or issue outside of a public meeting. Furthermore, Planning Board members should not discuss an application with a Code Enforcement Officer, City Engineer, or other City staff member other than Planning staff outside of a public Planning Board meeting in order to avoid due process problems. If a Planning Board member has questions that involve City staff, other than Planning staff, they shall be directed through Planning staff.

2.4.8 Planning staff shall ensure that any communications between Planning Board members and themselves that constitutes an ex parte communication is revealed to the entire Planning Board at the next available public meeting at which that item is discussed.

SECTION 3. MEETINGS OF THE BOARD

3.1 TIME OF MEETING

3.1.1 The Planning Board shall establish a calendar of meetings at the first regular meeting of the Board in January of each year. Generally, regularly scheduled meetings shall be held on the first and third Wednesday of each month, in the City Council Chambers on the 3rd floor of the City Hall Annex at 6:30 p.m., unless otherwise designated.

3.1.2 In the event that a regular meeting date is cancelled due to inclement weather or other causes, the schedule shall be revised by the Planning Board as needed.

3.2 CONDUCT OF MEETINGS

3.2.1 All meetings are open to the public, with the exception of executive sessions of the Planning Board. See Section 3.2.12. All questions addressed to the Planning Board shall be made through the Chair. All Planning Board members’ comments and questions shall be directed through the Char and the Chair shall recognize members before speaking.

3.2.2 In all cases where Planning Board proceedings are not determined by these By-Laws, “Robert’s Rules of Order” may be referred to for guidance to decide the course of proceedings but the Chair and Planning Board shall not be bound by Robert’s Rules (www.robertsrules.org). A quorum consists of four (4) members of the Planning Board, but smaller numbers may adjourn a meeting from one (1) time to another. If a member has a conflict of interest, that member shall not be counted by the Planning Board in establishing the quorum for that matter. Notice of the time and place of holding such adjourned meeting shall be given to all members who were not present at the meeting from which adjournment was taken.

3.2.3 Decision making

3.2.3.1 Every member present when a question is put to a vote shall give his/her vote unless the Planning Board excuses him/her because of a conflict of interest.3.2.3.2 The decisions of the Planning Board on an application shall be based on conformance with applicable legal standards, standards specified in local ordinances, policies specified in the comprehensive plan, stateand federal laws, evidence and argument submitted into the record of the meetings, whether in written, oral, or exhibit form, and the Findings of Fact adopted by the Planning Board in each case. The Planning Board may also rely on the knowledge, experience, and observations of its members, and matters of common knowledge.

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3.2.3.3 In reviewing an application on any matter, the standards in an applicable local ordinance or state or federal statute shall take precedence over the standards of these bylaws whenever a conflict occurs. In all other instances, the more restrictive rule shall apply.3.2.3.4 Despite the provisions of § 280-5-3.2, all final decisions of the Planning Board, except those involving procedural questions or extensions of time permitted by Ordinance, shall require at least four (4) affirmative votes for passage after the motion has been made and seconded. The Planning Director is responsible for the recording of all motions and the vote thereon. Procedural questions and requests for extensions of time are to be decided by a majority vote of those present and voting. On any item which requires four (4) affirmative votes and on which less than five (5) members are in attendance, the Chair shall first offer the applicant the opportunity to continue the matter until the next meeting.

3.2.4 “Conflict of interest” means direct or indirect pecuniary interest.

3.2.4.1 Direct pecuniary interest shall mean that the applicant is a member of the Planning Board or an owner of abutting or other property which is the subject of the application or is directly affected by the Planning Board’s decision.3.2.4.2 Indirect pecuniary interest shall mean that the Planning Board member has an interest in the application due to being an officer, director, partner, associate, employee, or stockholder of a corporate applicant or other business entity. It shall also be defined when a Planning Board member is a part of the applicant’s immediate family or an employer or employee of the applicant or the applicant’s immediate family. Immediate family shall mean spouse, parents, siblings, children, and grandchildren.3.2.4.3 Pecuniary interest shall also include a situation where the Planning Board member, by reason of his/her interest, is placed in a situation that may be viewed as temptation to serve his/her own personal interest instead of the public’s interest.3.2.4.4 The decision of whether a member shall be disqualified from voting on a particular matter shall be made by a majority vote of the remaining members present. For the Planning Board to decide that pecuniary interest exists, a significant impact on the Planning Board member, his/her family, employee and/or employer must exist.3.2.4.5 The Planning Board member shall make full disclosure of his/her interest, on the record, prior to any action being taken and shall abstain from voting and from otherwise attempting to influence a decision in his/her capacity as a Planning Board member.3.2.4.6 If a Planning Board member abstains, he/she has the right to participate as a member of the public.

3.2.5 All actions of the Planning Board shall be determined by a vote. A majority vote of the quorum present isneeded to pass any motion. See 3.2.3.4 above. When a motion results in a tie vote, the motion fails.

3.2.6 When a vote is passed, it shall be in order for any member who voted in the majority, or in the negative on a tie vote, to move for reconsideration at the same meeting or at the next regularly scheduled meeting. Once a motion to reconsider has been decided upon, the item shall not be reconsidered. No motion to reconsider a vote passed at a previous meeting shall be in order for reconsideration at the next meeting unless an item to that effect is contained on the agenda for such next meeting or unless five (5) of the Planning Board members consent to such reconsideration.

3.2.7 All decisions shall be based on whether the applicant has provided sufficient evidence to prove that all applicable law and ordinance requirements have been met.

3.2.7.1 Evidence

3.2.7.1.1 Evidence which is relevant and material to the subject matter of the hearing/review of a type commonly relied upon by reasonably prudent individuals in the conduct of their affairs shall be admissible. Evidence which is irrelevant, immaterial, or unduly repetitious shall be excluded.

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3.2.7.1.2 The Planning Board may, at any time take notice of judicially recognizable facts, generally recognized facts of common knowledge to the general public, and physical, technical, or scientific facts within the specialized knowledge of the Planning Board.3.2.7.1.3 All documents, materials, and objects offered as evidence during a hearing/review shall be available for public examination, with due notice, at the Planning Department during normal business hours.

3.2.7.2 Testimony, Questions, Rebuttal, and Submissions

3.2.7.2.1 The applicant shall be given up to twenty (20) minutes to present his/her case without interruption and may introduce documentary, photographic, and real evidence including studies, reports, analyses, and other information compiled by staff or consultants for the purpose of the hearing/review. The Chair shall have the exclusive right to extend this time limit.3.2.7.2.2 The Planning Board and interested parties may ask questions through the Chair. Interested parties are those persons who request to offer testimony and evidence. Parties may be required to consolidate or join their appearances in part or in whole if their interests or contentions are substantially similar and such consolidation would expedite the hearing. City officers and government agencies shall offer testimony at this time. All interested parties shall be given up to three (3) minutes to refute or rebut statements at the conclusion of testimony. The Chair may limit redundant testimony at his/her discretion.3.2.7.2.3 The Chair may refuse to permit irrelevant, immaterial, or repetitious questions/comments or other questions/comments which do not advance or serve the purpose of the hearing and shall state the basis for such refusal on the record when requested to do so by the party asking the question.

3.2.8 An applicant may request, in writing, that an item be tabled, provided there is reasonable cause; however, no continuance shall be granted for a time period to exceed ninety (90) days, unless the delay is caused by governmental agencies. All orders for continuances shall specify the time and place at which such hearing shall be reconvened.

3.2.9 If a meeting is continued to a special meeting, the agenda shall be continued from the point at which the meeting adjourned. No new advertising shall be required.

3.2.10 An agenda for each regular meeting shall be prepared by the Planning Director, in consultation with the Chair. Items which make up the agenda are to be: (1) complete Conditional Use Approval applications (2) Site Plan approval applications which have been referred to the Planning Board by the Site Plan Review Committee; (3) complete Subdivision applications which have been reviewed by the Site Plan Review Committee and forwarded to the Planning Board for action; (4) items continued from a previous meeting; (5) unfinished business; (6) items requested to be on the agenda by any member of the Planning Board; (7) items placed on the agenda by the Planning Director. Each member of the Board is to be sent a copy of the agenda at least three (3) days in advance of the meeting.

The Planning Board relies on its staff. Applicants are expected to work with staff to address technical issues. Generally the Planning Board does not want to schedule and review applications with multiple unresolved technical issues.

The order of business is to be substantially as follows:

3.2.10.1 Call to order3.2.10.2 Opening statement

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3.2.10.3 Minutes3.2.10.4 Hearings and business

3.2.10.4.1 New business – all new applications3.2.10.4.2 Unfinished business – continued review of applications tabled at prior meetings

3.2.10.5 Other business – non-application items which require formal action including Planning Director’s Report3.2.10.6 Communications – including but not limited to comments and correspondence from the public and city agencies, requests for workshops, signing mylars, agenda items for upcoming meetings, etc.3.2.10.7 Adjournment

3.2.11 No item on the agenda may be brought up for discussion after 9:00 p.m. unless otherwise approved by a majority of the Planning Board members present. Items not brought up for discussion because of this 9:00 p.m. deadline shall be placed on the agenda of the next regular meeting or on the agenda of a special meeting held at the convenience of the Planning Board and applicant.

3.2.12 Executive sessions – A motion to go into executive session shall indicate the business to be consideredand shall be approved upon a vote of at least three-fifths (3/5) of the members present and voting in accordance with Maine Revised Statutes Title 1, Chapter 13, §405. No other matters shall be considered during that session. No votes shall be taken by the Planning Board except in public meeting. The Planning Board shall not hold executive sessions except for consultation between the Planning Board and its legal counsel concerning litigation or other legal matters where premature general public knowledge would clearly place the City or Planning Board at substantial disadvantage. A motion to go into executive session shall substantially comply with the following language: Move that the Planning Board go into executive session, pursuant to the provisions of 1 MRSA §405(6)(E), to discuss with the City Attorney the Planning Board’s legal rights and duties concerning (include name of litigation or name of pending application).

3.2.13 Workshops/work sessions

3.2.13.1 The Chair or the majority of the Planning Board (4) may call workshops/work sessions for thepurpose of discussing the comprehensive plan, regulations, general development review policies and procedures, business which may appear on the agenda for a future regular meeting of the Planning Board,and/or for educational opportunities.3.2.13.2 Workshops/work sessions may either be a separate meeting or may be part of a regular meeting.3.2.13.3 All workshops/work sessions shall be open to the public; however, since the purpose of a workshop/work session is for Planning Board discussion, input from the general public generally shall not be permitted. Input from the general public, City staff, boards, and commissions may be permitted at the discretion of the Chair, or upon motion, by majority vote of the Planning Board.3.2.13.4 No item on a workshop/work session agenda may be brought up for discussion after 9:00 p.m. unless otherwise approved by a majority of the Planning Board members present.

3.2.14 Special Meetings

3.2.14.1 Special meetings may be called by the Chair or acting Chair, or by a majority (4) of members.3.2.14.2 Notice of special meetings shall be provided at least forty-eight (48) hours prior to such meetings.3.2.14.3 Whenever possible, notice of a special meeting shall be announced at a prior meeting of the Planning Board.

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3.2.14.4 Notice of a special meeting shall be posted in the same manner as a regularly scheduled meeting.

3.2.15 Sitewalks

3.2.15.1 Sitewalks may be scheduled at the discretion of the Planning Board or Planning Director.3.2.15.2 The purpose of a sitewalk is to collect information related to physical factors of a site under consideration by the Planning Board.3.2.15.3 The Planning Board shall not make decisions during a sitewalk. Deliberation on the sitewalk may occur at the next meeting for which the application is posted.3.2.15.4 Members of the public may attend a site walk, but generally are not permitted to provide input or to ask questions unless allowed by the Chair. Such comments and questions shall only be provided through the Chair. All Planning Board members shall remain in line of sight of the Chair throughout the sitewalk. 3.2.15.5 The applicant and his/her agent are expected to attend a sitewalk. In the event that the applicant and/or his/her agent fails to appear at a scheduled sitewalk, the Planning Board may or may not postpone the sitewalk until another time, to be determined by the Chair.

3.3 SITE PLAN REVIEW COMMITTEE

3.3.1 Applications requiring review by the Site Plan Review Committee shall be scheduled for the Tuesday before the regularly scheduled Planning Board meeting, at 9 am in the City Council Chambers on the 3rd floor of the City Hall Annex, unless otherwise designated.

3.3.2 Applications which require Planning Board review after review by the Site Plan Review Committee shallbe scheduled for public hearing and/or work session at the next Planning Board meeting, unless otherwise requested by the applicant.

SECTION 4. PUBLIC HEARING

4.1 The Planning Board may hold a public hearing whenever it deems necessary. Such hearings are to be advertised in a newspaper of general circulation in the City based on notice requirements established in City Ordinances.

4.2 FORM OF NOTICE

Notice public hearings shall state the date, time, location and general nature of the question involved.

4.3 CONDUCT OF HEARING

4.3.1 Any persons may appear in person or by agent or attorney at the hearing.

4.3.1.1 Persons wishing to bring to the Planning Board’s attention complex data, reports, or arguments are encourage to submit the information in writing seven (7) days in advance of the hearing.4.3.1.2 Individuals and organizations with comparable positions in support or opposition are encouraged to be brief and not provide duplicative comments.

4.3.2 At the hearing the order of business is to be substantially as follows:

4.3.2.1 The Chair shall give a general statement of the question.4.3.2.2 The applicant or petitioner is given the opportunity to state his or her case.4.3.2.3 Testimony in support of the question shall then be heard.4.3.2.4 Testimony opposed to the question shall then be heard.

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4.3.2.5 Testimony neither for nor against the question shall then be heard.4.3.2.6 Rebuttal shall be allowed after each of the categories of testimony; however, the applicant shallhave the final opportunity to reaffirm or rebut any testimony which has been presented.4.3.2.7 The report of the Planning Department, and the reports of any other municipal department, board, or agency, if any, shall then be heard.

4.3.3 Anyone wishing to present testimony before the Planning Board shall first identify his/herself by giving their full name and address and completing the sign-in sheet. Representatives of organizations such as City Committees, Homeowner’s Associations, etc. shall state for the record at the outset of their presentation whether the organization has authorized the substance of what is being presented.

4.3.4 To maintain orderly procedure, each side of the argument shall be allowed to proceed without interruption by the other. Following any testimony, members of the Planning Board shall have the opportunity to question witnesses. Except for the applicant or his/her representatives, each witness shall be limited to five (5) minutes for presentation of testimony, at the discretion of the Chair.

4.3.5 The Planning Board may call its own witnesses, such as the Planning Director, City Engineer, etc.

4.3.6 The hearing is 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.

4.3.7 Time Limits

4.3.7.1 The Chair may impose additional time limits on staff reports, applicant’s presentation, an individual’s public comment, questions from abutters or other interested persons, rebuttal testimony of an interested party and/or an applicant.4.3.7.2 Once the public hearing is closed and the applicant has concluded its presentation, 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 Planning Board adequate time for deliberation on the application.

4.3.8 The Planning Board may waive any of the above rules upon good cause shown.

SECTION 5. MISCELLANEOUS

5.1 WAIVER OF RULES

In the case of extenuating circumstances, the Planning Board may waive any rule by unanimous vote of those in attendance.

5.2 PUBLIC RECORD

These rules are to be filed in the Planning Department and are to be a public record.

5.3 FILING OF DECISIONS

Every decision or determination of the Planning Board shall be filed as a part of the minutes of the meeting.

5.4 MEETING REQUIRED FOR DETERMINATION

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No determination of the Planning Board shall be made except in a duly called regular or special meeting of the Planning Board.

5.5 STAFF DELEGATION AND SUBMISSION REQUIREMENTS

Upon written request from the Planning Director, the Planning Board may grant to the Planning Director, under Section 280-16-5.5, the authority to approve land use applications as site plans.

Exhibits and information required for a staff level review under Section 280-16-6.7.7.1 are deemed adequate under the following provisions:

General CommentsRedirect projects that require a waiver for curb cuts to the Site Plan Review Committee (SPRC) and/or Planning Board (PB). Any project redirected to the SPRC or PB shall require submission requirements under Section 280-14-5. Planning Director is authorized to require submission of information required in minor site plan review/supplemental submissions when relevant to review of the request.Redirect projects on sites that have environmentally sensitive features (including but not limited to source water protection, extensive vernal pools, wetlands, flood plains, shoreland areas) to the SPRC and/or PB; Planning Director is authorized to require submission of information required in minor site plan review/supplemental submissions when relevant to review of impacts on those sensitive features. City staff may need to visit the site to verify local conditions if staff or applicant indicate concerns.If no proposed changes to traffic and/or stormwater related items, applicant does not have to submit information related to traffic and/or stormwater unless there are existing traffic and/or stormwater problems. If there are existing traffic and/or stormwater problems, applicant needs to address the problems in the application and submit the necessary information to allow review to proceed. City staff may need to visit the site to verify local conditions if staff or applicant indicate concerns.Letter from Sanford Water District (SWD) and Sanford Sewer District (SSD) shall be required if applicant proposes to use public systems.If site is in a watershed overlay district and close to or exceeds the 35% limit on impervious cover, applicant shall be required to submit appropriate submission elements.Applicant shall submit all General Information identified in Section 280-16-6.7.2.1.Submission requirements are detailed below for all projects between 500 and 5,000 sf including those that propose: no change/very limited change in structures/sites; only site disturbance; very small structures/site disturbance (around 2,000 sf); structure/site disturbance over 2,000 sf; and/or changes in use that triggers site plan review.Citation Description Submission Requirement280-16-6.7.2.1.1 – 280-16-6.7.2.1.6

General information Require for all applications

Existing conditions280-16-6.7.2.2.1 Sewer/water If not proposing any changes, don’t require.280-16-6.7.2.2.2 Streets If not proposing any changes, require just locations

and names.280-16-6.7.2.2.3 Ground floor elevations If not proposing any changes to existing structures,

require just location and dimensions.280-16-6.7.2.2.4 Driveways, parking, loading If not proposing any changes to existing structures,

require just locations and dimensions.280-16-6.7.2.2.5 Intersecting roads/driveways Don’t require.280-16-6.7.2.2.6 Drainage courses, natural

featuresRequire general locations only, based on City’s GIS information, including State data, except define “specimen trees” to be retained. Not necessary to be of survey quality; applicant may use GIS aerial as long as the submission is legible.

280-16-6.7.2.2.7 Phase 1 and/or Phase 2 Require, if they have been prepared.43

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environmental assessments280-16-6.7.2.2.8 Direction of surface water Require.280-16-6.7.2.2.9 Existing Signs Require locations only.Citation Description Submission Requirement280-16-6.7.2.2.10 Existing easements/deed

restrictionsRequire locations only, redirect to the SPRC/PB if appropriate.

280-16-6.7.2.2.11 Nearest fire hydrant Do not require.Proposed development activity

280-16-6.7.2.3.1 Water/wastewater Require letters from SWD/SSD. If not proposing any changes, don’t require other information.

280-16-6.7.2.3.2 Direction surface water Require direction only, unless proposing infrastructure, in which case, require rest of required information.

280-16-6.7.2.3.3 Solid waste If not proposing any changes, do not require.280-16-6.7.2.3.4 New structures Require locations/dimensions. Do not require ground

floor elevation unless near sensitive areas including but not limited to water features, steep/eroded slopes.

280-16-6.7.2.3.5 Driveways, parking, loading Require locations/dimensions only unless proposing changes.

280-16-6.7.2.3.6 Signs All information required if proposing changes or if property is in a Design Review District (DRD).

280-16-6.7.2.3.7 Exterior lighting All information required if proposing changes or if property is in a DRD.

280-16-6.7.2.3.8 Landscaping plan All information required if proposing changes or if property is in a DRD.

280-16-6.7.2.3.9 Utilities, including fire protection If not proposing any changes, do not require. Notice: changes in use may require required fire information.

280-16-6.7.2.3.10 Draft easement language All required if proposing changes.280-16-6.7.2.3.11 FAA All required if proposing changes.

Supplemental information280-16-6.7.2.4.1 Traffic flow, safety, environment Redirect project to the SPRC/PB.280-16-6.7.2.4.2 Boundary survey If not proposing significant changes, do not require;

however, if professional prepared plan, require survey to be on or adjusted to Maine State Plane coordinates to work with City’s GIS.

5.6 CAMERAS AND ELECTRONIC DEVICES

Regulation of certain devices – television cameras, still cameras, motion picture cameras or microphones for the purpose of recording the proceedings may be regulated by the Chair so as to avoid interference with the orderly conduct of the meeting.

SECTION 6. AMENDMENT PROCEDURE

These bylaws may be amended by an affirmative vote of at least four (4) members at any regular or special meeting of the Planning Board. The bylaws cannot be in violation of the charter.

Adopted by the Sanford Planning Board

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Jennifer GeorgiusChair

January 16, 2019Date

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TO: Steve Buck, City ManagerFROM: Beth Della Valle, AICP, Director of Planning & DevelopmentDATE: October 17, 2019SUBJECT: Proposed Changes to Site Plan Submission Requirements

Planning Board Recommendation: At its October 16, 2019 meeting, the Planning Board unanimously voted (5:0) to recommend that the City Council adopt the attached proposed amendment of Chapter 280: Zoning, § 280-16-6 Site Plan Submission Requirements. At the same time, the Planning Board held a public hearing and unanimously voted (5:0) to amend § 5.5 of its ByLaws to identify the subset of Site Plan Submission requirements, contained in Chapter 250: Zoning, for smaller projects that are delegated to staff review.

Background: The proposed amendments are the second in a three-part effort to restructure site plan review to be more business friendly. On August 6, 2019, the City Council adopted an amendment of the Zoning Ordinance to reclassify projects proposing between 500 and 5000 square feet to staff review.

The purpose of the this initiative and proposed amendments are to support the City’s efforts to “right-size” regulation to be more business friendly. The proposed amendment of Chapter 280 directs applicants to the Planning Board’s amended ByLaws, which includes a subset of existing submission requirements in the Zoning Ordinance for the smaller projects.

Planning staff worked closely with members of the Site Plan Review Committee and Planning Board to prepare the proposed amendment.

Following two work sessions, the Planning Board held a public hearing on the proposed amendments. No one spoke either in favor of or opposition to the proposed amendments.

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Documents

Proposed Amendment Use Tables regarding home …...Proposed Amendment to Chapter 280: Zoning regarding Home Occupations 09052019 2 1 connected therewith before burial or cremation