Wiscasset is continuing to look at contract zoning as a way of accommodating unusual or unique projects such as the recently proposed coal gasification plant.

Voters decided on November 6 against reducing the height limit which would have allowed the permitting process to go forward for National RE/sources' proposed Twin River Energy Center.

State law allows for the creation of contract zones "in order to provide for property to be rezoned to accommodate an owner's intended use or development when zoning ordinance requirements cannot be met," according to proposed wording developed by the town's Ordinance Review Committee (ORC).

The committee met last week to review two versions of contract zoning - one being more flexible and less restrictive than the other. The committee members opted to continue working with the more flexibly-worded version, according to town planner Jeff Hinderliter.

"One of the problems with our current zoning revolves around the definition of `rural,' which is how much of the property in town is zoned. In a rural district, any use is permissible," Hinderliter said.

"Contract zoning gives a municipality the power to negotiate," Hinderliter told the committee.

Committee member Karl Olsen gave an example of how contract zoning would work in the event that the town decides to close the middle school and sell the building because of declining enrollment.

"Turning the middle school into condominiums is a perfect example of when we could use contract zoning," he said, referring to the fact that condominiums are not currently permitted on Federal Street where the school is located.

Another reason for using contract zoning is in the event that "traditional procedures, such as the granting of variances for dealing with incompatibility may also prove to be inappropriate," the proposed contract zoning regulations say.

"In these special situations, more flexible and adaptable zoning methods may permit a project or use of property without, at the same time, compromising the intent of either the town's zoning ordinance or the town's Comprehensive Plan."

Procedures for applying for contract zoning are outlined in the committee's contract zoning proposal: (1) meet with the town planner to see if the project falls within contract zoning; (2) if it is unclear whether it falls within contract zoning, the applicant can ask for a pre-application conference with the Planning Board; (3) if such a meeting is planned, rules for posting public notice of the meeting and notifying abutters will be followed (the notice must include the nature, scope and location of the proposed project); (4) the planning board will consider a number of factors in deciding whether the project is suitable for contract zoning, including the reason for it; compatibility with the town's comprehensive plant; implications for the neighborhood; benefits and costs to the town; interest, safety and general welfare; and review by affected town departments; (5) when negotiating the terms of a contract zoning agreement, the planning board may consider limitations on the number and types of use permitted; restrictions on the scale and density; limits on the hours of operation; start date and completion dates for construction; performance guarantees; preservation of natural areas; protection of land and water resources; preservation and protection of historic and archaeological sites; and contributions toward the provision of town services and infrastructure that would be required by the project.

Within 30 days of the planning board and the applicant reaching an agreement on contract zoning, there will be a joint review of the project with selectmen to determine "if the town's interests are adequately protected and served by the proposed contract zoning agreement" and that "the costs and benefits to the town are reasonable."

Under the proposed contract zoning language, the planning board would then take a vote on the project, have a public hearing, review comments from the public hearing and make changes if necessary, then schedule a town meeting to act on the project.