A. Contract zoning authorized. Pursuant to 30-A M.R.S.A. § 4352(8), contract zoning is hereby authorized for development where, for reasons such as the unusual nature or unique location of the development proposed, the City Council, exercising its sole and exclusive judgment as the legislative body of the City, finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned. All rezoning under this section shall establish rezoned areas that are compatible with the existing and permitted uses within the original zones. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, that is inconsistent with the Comprehensive Plan.

B. Relationship to shoreland zoning. A lot rezoned under this section may include land areas subject to Chapter 270: Shoreland Zoning, but any provision of a contract zoning amendment adopted by the City Council that removes or modifies any restrictions or limitations imposed by Chapter 270: Shoreland Zoning shall not take effect until approved by the Commissioner of Environmental Protection as required by 38 M.R.S.A. § 438-A(3), as may be amended from time to time.

C. Conceptual sketch plan.

(1) A person wishing to propose contract zoning under this section may, prior to filing an application, submit a conceptual sketch plan to the Site Plan Review Committee together with a sketch plan review fee in such amount as the City Council may from time to time establish by City Council order. The conceptual sketch plan submission shall include, at a minimum, the following information:

(a) A map showing existing and proposed zoning district lines.
(b) The address or exact location of the request, including the Assessor's map references for the property to be rezoned.
(c) The name, address and telephone number of the property owner and of the applicant, if the applicant is not the owner.
(d) Evidence of the applicant's right, title or interest in the property.
(e) A site analysis that describes the major features of the property, allowing the Site Plan Review Committee to make an informed judgment about how it will be used. Section 275-15, as may be amended from time to time, shall be used as a guideline for preparation of the site analysis.
(f) A conceptual development plan showing the approximate layout of all buildings, structures, streets, driveways, parking areas and other significant improvements to be constructed on or above the surface of the ground plus any proposed open spaces, conservation areas, buffer areas or other features of the development, but it is not required to show subsurface infrastructure installations, building plans, engineering plans or other details which would be required for a subdivision plan or site plan.
(g) A statement describing the existing use of the property and the proposed new use and development and describing how the proposed contract zone will be consistent with the Comprehensive Plan, shall be consistent with existing and permitted uses within the existing zoning district classification of the property, and shall have beneficial effects on the City as a whole which would not result if the property were developed under the existing zoning district classification.
 

(2) Such sketch plan review by the Site Plan Review Committee will not be binding on the applicant or the City but is intended to permit informal evaluation of the proposed rezoning before formal application to the Planning Board. The sketch plan review fee is nonrefundable.

D. Application procedures.

(1) Application. Notwithstanding Subsection A, above, any proposal to amend the Official Zoning Map of the City through the establishment of a contract zone shall be filed with the Planning Board. A contract zone application shall be in writing in such form as prescribed by the City and shall include, at a minimum, the following information:

(a) All of the information required to be submitted for the conceptual sketch plan review.
(b) A proposed contract zoning agreement which complies with the requirements of this section.
(c) Any other information requested by the Planning Department and/or the City Engineer.
(d) A nonrefundable application fee in such amount as the City Council may from time to time establish by City Council order.
 

(2) Fees.

(a) Any request for contract zoning shall be accompanied by a filing fee established by the City Council and administered in conformance with § 280-3-4: Fees.

 

(1) The Planning Board shall notice and conduct a public hearing in conformance with § 280-4-1: Public hearings prior to any property being rezoned under this section.

F. City Council action on contract zoning request.

(1) If the City Council approves a request for contract zoning, the City Council shall simultaneously approve an agreement setting forth the conditions and restrictions to apply to the property, including time limits for compliance with all conditions and restrictions. Such agreement shall include a provision granting the City the power to enforce all conditions and restrictions, both through enforcement action pursuant to this chapter and through legal action for specific performance. The rezoning shall not be effective until the agreement is executed, delivered to the City Council and recorded by the applicant at the York County Registry of Deeds within thirty (30) days after the City Council approves the request for rezoning. If the agreement is not recorded within this period, the approval shall be null and void. Prior to the expiration of the thirty (30) day period, the City Council may extend the time limit for an additional thirty (30) days upon written request by the applicant and a finding that such extension is consistent with the agreement.

(2) The conditions and restrictions set forth in the agreement shall run with the land and bind all future owners of the land and any other person who claims an interest in the property and may be removed only by subsequent action of the City Council expressly removing, relieving or discharging one (1) or more of the specific conditions or restrictions. If the conditions and restrictions are not fulfilled or complied with within the specified time limits, the City Council may, after review by the Planning Board, extend the time limits or may initiate a rezoning to the original zoning district classification or to another zoning district classification. The City Council may require a bond, escrow agreement, irrevocable letter of credit, or other surety in such amount as is approved by the City Manager as being reasonably necessary to ensure compliance with the conditions or restrictions required by the rezoning and, where necessary to ensure continued compliance, may require such surety to remain in effect after occupancy of rezoned property. Such surety shall be posted before the agreement is recorded at the York County Registry of Deeds.

G. Land use reviews.

(1) Where site plan or subdivision review is required for the use proposed in the rezoning request, the Planning Board may conduct the site plan or subdivision review concurrent with review of the request for rezoning, and the public hearing required by Subsection E, above, may be conducted simultaneously with a public hearing conducted as part of site plan or subdivision review. If the Planning Board determines that the proposed development meets such land use approval standards, the Planning Board shall grant preliminary, provisional approval to the plans, subject to enactment of the contract zoning amendment by the City Council. The Planning Board shall also advise the applicant of any changes or revisions to the proposed contract zoning agreement necessary to conform to the Planning Board's preliminary approval of the plan.

(2) After the contract zoning agreement is recorded in the York County Registry of Deeds, the Planning Board shall complete its final site plan review of the development proposal and final subdivision review, if required. In the case of a subdivision, the Planning Board shall adopt, as its findings under 30-A M.R.S.A. § 4404(9) and Chapter 275: Subdivision of Land, the findings made by the City Council regarding consistency with the Comprehensive Plan.

(3) Notwithstanding any other provision of this section, where the development proposed in a request for contract zoning is designed to be constructed in phases and the Planning Board concludes that it would be impractical to require preliminary subdivision and/or site plan review and approval of all phases before approval of the contract zoning amendment, the Planning Board, in its discretion, may waive the provisions of this section requiring the Planning Board to approve a preliminary plan before the City Council takes final action on the contract zoning amendment, but only with respect to phases subsequent to the first phase of the development to be constructed. If the Planning Board grants such a waiver, the City shall include a phasing schedule in the contract zoning agreement, specifying the dates for completion of the subdivision and/or site plan review, and may reserve in the contract zoning agreement the right of the City Council to review the plans for subsequent phases prior to their construction.

H. Contract zoning agreement.

(1) Conditions and restrictions imposed under the authority of this section shall relate only to the physical development and operation of the property and may include, by way of example:

(a) Limitations on the number and types of uses permitted;
(b) Restrictions on the scale and density of development;
(c) Specifications for the design and layout of building and other improvements, including landscaping;
(d) Schedules for commencement and completion of construction;
(e) Performance guarantees securing completion and maintenance of improvements, including landscaping, and guarantees against defects;
(f) Preservation of open space and buffers, and protection of natural areas and historic sites;
(g) Contributions toward the provision of municipal services required by the development;
(h) Provisions for enforcement and remedies for breach of any condition or restriction; and
(i) Provisions for reservation or dedication of land for public purposes.
 

(2) The City Council may impose conditions under this section that are more restrictive than the applicable requirements of this chapter.

I. No rights created before City Council vote. The submission of a request for contract zoning under this section, the payment of application fees, or the expenditure of funds by the applicant in presenting such a request shall not create any vested rights in the application. The availability of contract zoning under this section shall not be construed as creating any entitlement to approval of any request. The decision whether or not to rezone remains committed to the City Council, exercising its sole and exclusive judgment as the legislative body of the City.

J. Time period for renewal of contract zoning request. No proposal to amend the Official Zoning Map under this section shall be entertained within one (1) year from the date of denial of the same request.