Section 672-10-I-08 - CRITERIA FOR ADOPTION OR AMENDMENT OF LAND USE DISTRICT BOUNDARIESA.GENERAL CRITERIAPursuant to 12 M.R.S. §685-A(8-A), a land use district boundary may not be adopted or amended unless there is substantial evidence that:
1. The proposed land use district is consistent with the standards for district boundaries in effect at the time, the comprehensive land use plan and the purpose, intent and provisions of 12 M.R.S., chapter 206-A; and2. The proposed land use district has no undue adverse impact on existing uses or resources or a new district designation is more appropriate for the protection and management of existing uses and resources within the affected area.B.LOCATION OF DEVELOPMENT1.Applicability. Section 10.08,B, applies to the adoption and amendment of Commercial and Industrial Development (D-CI), General Development (D-GN), Low-density Development (D-LD), and Residential Development (D-RS) subdistricts, except as provided in Section 10.08,B,3. Criteria specific to the location of all other development subdistricts are contained in the individual subdistrict listings in Sub-Chapter II. The creation of development areas or subdistricts within a concept plan that replicate the D-CI, D-GN, D-LD, or D-RS subdistricts must be sited in accordance with the provisions of Section 10.08,B. Those not so sited require a waiver of the location of development criteria.
2.Location of Development Criteria. To satisfy the general criteria contained in 12 M.R.S. §685-A(8-A) and restated in Section 10.08,A, a petitioner proposing the adoption or amendment of a development subdistrict must demonstrate, among other things, that the proposed subdistrict is consistent with the Comprehensive Land Use Plan (CLUP). The CLUP addresses the location of development through multiple goals and policies that in aggregate are embodied in the adjacency principle. To demonstrate the adoption or amendment of a development subdistrict is consistent with the portions of the CLUP that address the location of development, the Commission must find: a.Emergency Services. The county, a nearby municipality, or other service provider is willing to and will be able to provide fire and ambulance services, for the land uses allowed in the proposed subdistrict. For the purposes of this criterion, Lifeflight is not considered an ambulance service. The Commission may waive this requirement for areas proposed as D-RS subdistrict that are either outside the primary and secondary locations, or are within the primary location but located on a Management Class 3 lake more than one mile from a public road, provided the petitioner demonstrates notice of the absence of emergency services will be provided to all subsequent owners of property within the area proposed for rezoning.b.Compatibility. The land uses allowed in the proposed subdistrict shall be compatible with other uses and resources, and reduce or minimize land use conflicts.c.Character. The land uses allowed in the proposed subdistrict shall not unreasonably alter the character of the area.d.Area for Development. Proposed D-CI and D-GN subdistricts shall be located in a primary location, and proposed D-RS and D-LD subdistricts shall be located in a primary or secondary location, unless the proposed subdistrict is a D-CI subdistrict intended to accommodate a land use that requires access to three-phase power as provided in Section 10.08-A ,D,3, or a D-RS subdistrict intended to accommodate a recreation-based subdivision as provided in Section 10.08-A ,D,2.e.Access to Development. The land within the proposed subdistrict shall be accessible from a public road by a legal right of access in accordance with Section 10.08-A ,E. This criterion does not apply to proposed D-RS subdistricts intended to accommodate the creation of residential lots to be leased on an annual basis for fair market value consideration, and where both the lessor and lessee have the legal right to not renew the lease, subject to applicable statutory notice requirements, regardless of cause.3.Exceptions.Notwithstanding Section 10.08,B,1, D-CI, D-GN, D-LD, and D-RS subdistricts may be designated without regard to the location of development criteria of Section 10.08,B in the following instances:
a.Expansion of Commercial Facilities in Pre-existing Development Subdistricts. Section 10.08,B does not apply to expansion of D-CI, or D-GN subdistricts existing as of June 17, 2019, provided that a legally existing development was in regular active use in the subdistrict within a two-year period immediately preceding the filing date for the re-zoning petition for expansion. This exception does not exempt expansion of pre-existing development subdistricts from the General Criteria of Section 10.08,A, which would apply to any petition for expansion of these subdistricts.b. In response to regional planning efforts, such as prospective zoning or community guided planning and zoning, that address the location of development through a comprehensive process;c. In response to the deorganization of minor civil divisions;d. The correction of land use district boundaries; ande. The designation of land use district boundaries, at the termination of a concept plan, for legally existing development authorized by the concept plan.C.AREAS ADJACENT TO LAKESThe review standards listed in Section 10.25,A must be considered in applying the above criteria to proposed changes in subdistrict boundaries adjacent to lakes.
D.PROSPECTIVELY ZONED AREAS1. Approval Criteria: For areas that have been prospectively zoned by the Commission, a petition for adoption or amendment of a development district boundary must not be approved unless the petitioner demonstrates the proposal meets the requirements of Section 10.08,A,1 and 2, as well as that:
a. the requested change is needed due to circumstances that did not exist or were not anticipated during the prospective zoning process;b. the new development subdistrict is either contiguous to existing development subdistricts or within areas that are suitable as new growth centers; andc. the change will better achieve the goals and policies of the Comprehensive Land Use Plan, including any associated prospective zoning plans.2. List of plantations and townships that have been prospectively zoned by the Commission: Adamstown Township, Oxford County Dallas Plantation, Franklin County Lincoln Plantation, Oxford County Magalloway Township, Oxford County Rangeley Plantation, Franklin County Richardsontown Township, Oxford County Sandy River Plantation, Franklin County Township C, Oxford County Township D, Franklin County Township E, Franklin County 01-672 C.M.R. ch. 10, § I-08