[Amended 11-6-2001]
A.
Multifamily developments are allowed subject to the
following performance standards in addition to the requirements of
the districts in which the developments are located:
(1)
A landscaped buffer at least 25 feet in width along
all lot boundaries shall be required. The buffer strip shall not contain
parking areas or structures, but may contain a perpendicular access
driveway(s) or road(s) to connect with existing streets.
(2)
No more than six dwelling units may be in any building.
(3)
Multifamily or two-family dwelling structures shall
be separated by at least 30 feet.
[Amended 6-11-2019]
(4)
One-family dwelling structures shall be separated by at least 20
feet.
[Added 6-11-2019]
C.
In any multifamily development abutting a residential
use in a residential or rural zoning district, the setback shall be
equal to at least three times the required structure setback or 25
feet, whichever is greater (e.g., required fifteen-foot setback x
3 = 45 feet). Said setback shall include a minimum twenty-five-foot
width of visual screening abutting the single-family residential use.
Said visual screening shall consist of a continuous boarder of shrubbery
at least six feet in height, trees or, if required by the Planning
Board, solid fencing six feet in height. Said multifamily development
shall be screened from the view of any dwelling unit located within
200 feet of the multifamily development's boundaries. Said visual
screening shall be owned in fee, managed and maintained by the owner
or by an association of the owners of the development.
[Amended 6-10-2014]
D.
A multifamily
development is permitted to satisfy its density, lot coverage and/or
open space requirements by utilizing adjacent open space land if the
Planning Board finds that both of the following criteria are met:
[Added 6-10-2014]
E.
Adjacent
open space land used to satisfy a multifamily development’s
density, lot coverage and/or open space requirements may be held in
joint ownership, dedicated or conveyed to the municipality, a land
trust, or other recognized conservation organization. Such reservation
of open space may also be accomplished by incorporation into homeowners'
association or condominium association documents or into restrictive
deed covenants.
[Added 6-10-2014]
F.
A multifamily
development plan approved on or after June 10, 2014 seeking to utilize
adjacent open space land to satisfy its density, lot coverage and/or
open space requirements shall:
[Added 6-10-2014]
(1)
Note
an express condition that the adjacent open space land may not be
used to meet the open space, density, and/or lot coverage requirements
for any other development. Said restriction shall also be included
in the deeds, condominium documents, and/or homeowners' association
documents related to the multifamily development.
G.
A multifamily
development plan approved prior to June 10, 2014, is permitted to
utilize adjacent open space land to satisfy density and lot coverage
requirements for that multifamily development, provided that:
[Added 6-10-2014]
(1)
The
total area of the multifamily development and the adjacent open space
land shall satisfy the open space, density, and/or lot coverage requirements
for both the multifamily development and the adjacent property.
(2)
The total area of the multifamily development and the adjacent open space required to meet the density and lot coverage requirements are noted on the approved subdivision plan(s) or within a certificate of amendment and shall be recorded at the Registry of Deeds in accordance with § 202-9C of the Wells Town Code.
(3)
For
any multifamily development approved prior to June 10, 2014, there
is no requirement that an express restriction be included or added
to the deeds, condominium documents, and/or homeowners' association
documents related to the multifamily development.
H.
Density.
The maximum density of dwelling units permitted shall be the same
as permitted in the district(s) in which the multifamily development
is located. To determine maximum density the following steps shall
be taken:
[Added 6-10-2014; amended 6-14-2022]
(1)
In
order to determine the maximum number of dwelling units permitted
on a tract of land the net residential acreage shall be determined
by calculating net area and subtracting 15% of the area of the lot
to account for roads and parking.
(2)
A
development layout shall be submitted indicating a minimum of 35%
open space and significant natural features.
[Amended 11-7-2006]
The purpose of this section is to allow, by
Planning Board approval, the clustering of one- and two-family dwelling
units. Clustering shall provide a more efficient use of land resulting
in the preservation of natural land forms, wetlands, wildlife and
waterfowl habitats, significant vegetation and agricultural lands,
other natural resources, and historic sites. Notwithstanding other
provisions of this chapter, the Planning Board may modify the dimensional
requirements of this chapter as specified in this section to permit
the clustering of one- and two-family homes. Such modifications shall
not be construed as the granting of a variance to relieve hardship.
A.
Permitted locations. Residential cluster development
shall be permitted in all zoning districts where residential development
is allowed. All areas of a cluster subdivision located within the
Aquifer Protection District or the Shoreland Overlay District shall
be dedicated as undeveloped open space.
[Amended 6-14-2016]
B.
Density. The maximum density of dwelling units permitted shall be the same as permitted in the district(s) in which the cluster development is located, unless density bonuses are granted in accordance with § 145-49D. To determine maximum density the following steps shall be taken:
(1)
[1]In order to determine the maximum number of dwelling units
permitted on a tract of land the net residential acreage shall be
determined by calculating net area and subtracting 15% of the area
of the lot to account for roads and parking.
[1]
Editor's Note: Former Subsection B(1), regarding sketch plans,
was repealed 6-14-2016. This ordinance also renumbered former Subsection
B(2) and (3) as Subsection B(1) and (2), respectively.
(2)
A cluster development layout shall be submitted indicating
a minimum of 35% open space and significant natural features.
C.
Dimensional requirements.
(1)
The minimum lot sizes may be reduced to the following
dimensions depending on whether or not served by public sewer:
[Amended 6-14-2022]
|
Served by Public Sewer
| ||
|---|---|---|
|
Type of Dwelling
|
RA, GB and RC Districts
(square feet)
| |
|
One-family dwelling
|
10,000
| |
|
Two-family dwelling
|
15,000
| |
|
Type of Dwelling
|
Rural District
(square feet)
| |
|
One-family dwelling
|
20,000
| |
|
Not Served by Public Sewer
| ||
|---|---|---|
|
Type of Dwelling
|
Rural District
(square feet)
| |
|
One-family dwelling
|
40,000
| |
|
Type of Dwelling
|
RA and RC Districts
(square feet)
| |
|
One-family dwelling
|
30,000
| |
(2)
The required setbacks from lot lines and from street
rights-of-way within the cluster development may be reduced, but no
structure shall be located within 15 feet of any lot line or within
20 feet of any street right-of-way within the cluster development.
(3)
The required street frontage on a proposed private
street may be reduced to no less than 50 feet. The required street
frontage on a Town way may not be reduced, except lots within the
Rural District may reduce street frontage on a Town way to no less
than 150 feet.
[Amended 6-14-2022]
(4)
When a lot in a cluster subdivision abuts a nonclustered
residential lot, the setback in the cluster subdivision lot shall
be twice the required nonclustered setback along the adjoining lot
line. The Planning Board may require additional screening or restrict
the removal of vegetation within the setback to provide a buffer between
higher and lower density development.
[Amended 6-14-2022]
(5)
When
a cluster lot abuts a Town way, the setback from the street shall
be twice the required noncluster setback of the district. The setback
area shall be a no cut buffer of natural vegetation, or the Planning
Board shall require natural evergreen plantings to establish a visual
screen, except at driveway locations. Utility and driveway locations
shall be combined as one location.
[Added 6-14-2016; amended 6-14-2022]
D.
Innovative open space bonus. At least 35% of the total parcel acreage in a cluster subdivision must be designated as open space and protected as such in perpetuity. At the discretion of the Planning Board the applicant may earn density bonuses in addition to the maximum density permitted in § 145-49B. The applicant may seek application of more than one density bonus as set forth below, and the total density bonus earned shall be cumulative. However, in no case shall the total density bonus allow the overall subdivision density to exceed the maximum density allowed in § 145-49B above by more than 25% in the rural areas and 50% in the growth areas as set forth in the Comprehensive Plan. Bonuses shall be allotted in whole lot increments only and shall not be rounded up. Density calculations, including all awarded open space bonuses, shall be shown on the subdivision plan.
(1)
An open space cluster plan that provides at least
50% of the total parcel acreage as open space, protected as such in
perpetuity, may be awarded a density bonus of 10%. The purposes for
which proposed open space areas will be used shall be fully documented
by the applicant.
(2)
An open space cluster plan that protects agriculturally
valuable lands and provides for their use as such in perpetuity may
be awarded a 5% density bonus. The open space land preserved for agricultural
use must consist of at least 3.5 acres, and be land that has been
historically farmed, or contain good soils for farming, and be reasonably
accessible to receive a bonus. The instrument designating the land
as agriculture use, acceptable to the Planning Board, may reasonably
restrict the type or intensity of farming to occur to prevent nuisances.
This provision only requires that permission be reasonably available
so that validity of the bonus is not affected if agricultural uses
are not pursued at any particular time.
(3)
An open space cluster plan that protects timber harvesting
lands and provides permission for that use to continue in perpetuity
may be awarded a 5% density bonus. The open space preserved for timber
harvesting must include at least 10 contiguous acres and be land that
has historically been forested, and must be reasonably accessible
to receive a bonus. A forest management plan signed by a professional
forester outlining proposed activities to ensure compliance with performance
standards and regeneration requirements established pursuant to Title
12 M.R.S.A § 8869 must be submitted.
(4)
An open space cluster plan that accomplishes either
of the following:
[Amended 6-14-2022]
(a)
Protects valuable wildlife and environmental
areas in a manner that is consistent with the goals, policies and
strategies of the following chapters and related maps in the Comprehensive
Plan may be awarded a density bonus of 5%.
(b)
Links dedicated open space to large parcels
of adjoining dedicated open space to provide usable wildlife habitat
or corridor connections between usable wildlife habitats in a manner
that is consistent with the goals, policies and strategies of the
following chapters and related maps in the Comprehensive Plan may
be awarded a density bonus of 5%.
(5)
An open space cluster plan that allows public access
to the open space may be awarded a density bonus of 5%. The nature
of public access required to trigger this bonus is pedestrian traffic.
The instrument granting access, acceptable to the Planning Board,
may reasonably restrict the use of motorized vehicles.
(6)
An open space cluster plan that preserves, and provides
for their use as such in perpetuity, the Town's historic, traditional
New England seacoast and rural community character and appearance
by preserving and incorporating existing historic structures and natural
features of historic significance may be awarded a density bonus of
5%.
(7)
An open space cluster plan that effectively links
large areas of the dedicated open space to adjoining dedicated open
space may be awarded a density bonus of 5%.
(8)
An open space cluster plan that preserves scenic vistas
especially toward the seacoast from Route 1 and along scenic corridors
especially along Routes 1, 9, 109, and roads in rural areas may be
awarded a density bonus of 5%.
(9)
A "unit for unit" density bonus may be granted for
open space cluster plans that include affordable housing for moderate-income
buyers. For example, if 10% of the dwelling units in the project are
affordable for moderate-income buyers then a density bonus of 10%
may be awarded. The matching density bonus may be doubled for open
space cluster plans that include affordable housing for low-income
buyers. For example, if 10% of the dwelling units in the project are
affordable for low-income buyers then a density bonus of 20% may be
awarded.
E.
Aquifer Protection District. Where the parcel is located
in the Rural District and partially in the Aquifer Protection District
the permitted density for that portion of the lot within the Aquifer
Protection District may be applied to the portion of the lot located
in the Rural District, provided that:
[Amended 6-14-2022]
(1)
All land within the Aquifer Protection District shall
be included within the common land or open space;
(2)
All stormwater facilities and development shall be
located outside the Aquifer Protection District. Stormwater undisturbed
natural buffers may be located in the Aquifer Protection District.
F.
Management of open space. The open space portion of
the cluster development site shall be permanently dedicated open space
by covenant recorded at the Registry of Deeds and shown on the recorded
subdivision plans. No more than 2% of the open space shall be impervious
surfaces that are accessory to the proposed use of open space (i.e.,
roads, parking areas, sheds, etc.), of which total structural coverage
shall not exceed 600 square feet. Nonroofed or elevated structures
(i.e., walking paths) are allowed. The designated open space shall
not be used for additional building lots.
(1)
Prior to the sale of any lots, the open space shall
be controlled by one or more of the following methods:
(a)
Ownership by an association of the owners of
the dwelling units within the development;
(b)
Ownership by an association of the owners of
the dwelling units within the development with a conservation easement
granted to the Town or recognized conservation organization;
(c)
Dedication to the Town as public open space;
and/or
(d)
Transfer, with permanent restrictions, to a
land trust or other recognized conservation organization.
(2)
The developer may structure the control of the common
open space in one or more of the above methods. The Planning Board
shall approve the arrangements for the ownership, control and maintenance
of the common open space as part of the subdivision approval. No changes
in use or management of the common open space shall be made without
the approval of the Planning Board.
G.
Homeowners' association management of open space.
If the open space will be owned and/or managed by the owners within
the cluster development, then a homeowners' association shall be created
to own and manage the common lands and facilities. Covenants for mandatory
membership in the homeowners' association, setting forth the owner's
rights, interest and responsibilities, and providing for the assessment
of lots or units to fund common expenses shall be required and approved
by the Planning Board and shall be included in the deed for each lot.
The documents shall also include a management plan for the common
open space and facilities.
Tent and recreational vehicle parks shall conform
to the minimum requirements imposed under state licensing procedures
and the following standards:
A.
Parks shall be open only between April 15 and October
31, inclusive. From November 1 of one year to April 14 of the following
year, no person shall occupy any site, the water services to all sites
shall be turned off or disconnected, and the electrical service to
all sites shall be turned off or disconnected.
B.
All sites shall have an area of at least 1,000 square
feet and shall have an average width of at least 30 feet. Sites to
be occupied by park model recreational vehicles shall have an area
of at least 2,000 square feet and shall have an average width of at
least 40 feet. Any site located entirely or partially within the Shoreland
Overlay District shall contain at least 5,000 square feet of area.
Roads, parking areas, walkways, land supporting wetland vegetation
and land below the high-water line of a water body or tributary stream
shall not be included in calculating the area of a site.
C.
Two parking spaces for passenger vehicles shall be
provided for each recreational vehicle site. One parking space for
a passenger vehicle shall be provided for each tenting site. The parking
spaces shall be on or within 200 feet of the site. No parking space
may block walkways or interfere with traffic flow within the park.
D.
No rigid enclosed addition shall be affixed to a recreational
vehicle other than a recreational vehicle accessory enclosure as herein
defined.
E.
The areas intended for placement of a recreational
vehicle, tent or shelter and utility and service buildings shall be
set back at least 100 feet from the high-water line of Ell Pond and
75 feet from the high-water line of other water bodies, tributary
streams or the upland edge of a wetland.
F.
There shall be a buffer strip of at least 25 feet
in width adjacent to all lot lines, and any of the park sites or facilities
shall be screened from the view of any dwelling unit located within
200 feet of the park's boundaries.
[Amended 6-12-2012; 6-13-2017; 6-18-2019]
A home business is permitted as an accessory
use by the occupant of a dwelling unit if it complies with the following
standards:
A.
There shall be three classes of home businesses, as follows:
(1)
Class 1:
(a)
Located within the principal residential structure only.
(b)
Shall occupy up to 20% of habitable space, not to exceed 500
square feet.
(c)
Not more than one employee, other than the home's occupants,
may work on site at any time, and one additional on-site parking space
shall be provided if there is such an employee.
(d)
No outdoor activity or storage of materials shall be permitted.
(e)
Adequate on-site parking shall be provided for the residence,
customers and employees.
(f)
Minimum lot size: none.
(2)
Class 2:
(a)
May be located in the principal residential structure or an
accessory structure.
(b)
Shall occupy 800 square feet or less of floor space.
(c)
Not more than two employees, other than the home's occupants,
may work on site at any time, and one on-site parking space shall
be provided per employee, if there are such employees, in addition
to on-site parking required for the residence and customers.
(d)
Outdoor activity or storage of materials shall be permitted
in an area not to exceed 1,600 square feet, provided the area meets
structure setbacks and the area is screened from roads and abutters.
(e)
To the extent a home business involves off-site activity (landscaper,
carpenter, etc.), up to three additional workers may gather, prepare
briefly, load vehicles, unload vehicles associated with the home business,
provided that at least 3/4 of the workday for these other workers
is spent working off site. Adequate on-site parking for workers shall
be provided.
(f)
Minimum lot size: 20,000 square feet of net area.
(3)
Class 3:
(a)
May be located in the principal residential structure or an
accessory structure.
(b)
Shall occupy 1,600 square feet or less of floor space.
(c)
Not more than three employees, other than the home's occupants,
may work on site at any time, and one additional on-site parking space
shall be provided per employee, if there are such employees, in addition
to on-site parking required for the residence and customers.
(d)
Outdoor activity or storage of materials shall be permitted
in an area not to exceed 4,400 square feet, provided the area meets
structure setbacks and the area is screened from roads and abutters.
(e)
To the extent a home business involves off-site activity (landscaper,
carpenter, etc.), up to five additional workers may gather, prepare
briefly, load vehicles, unload vehicles associated with the home business,
provided that at least 3/4 of the workday for these other workers
is spent working off site. Adequate on-site parking for workers shall
be provided.
(f)
Minimum lot size: 100,000 square feet of net area.
B.
Types of home businesses permitted by class. For each class of home business, the types of permitted home businesses shall comply with the following table in § 145-51B.
(1)
Home businesses may include only the following uses as defined in § 145-10, as limited for each class in the following table, and shall be subject to any restrictions or prohibitions outlined in § 145-51B(2):
|
Use
|
Class 1
|
Class 2
|
Class 3
| |
|---|---|---|---|---|
|
Business, retail
|
No
|
No
|
Yes
| |
|
Business, office
|
Yes
|
Yes
|
Yes
| |
|
Business, personal service
|
Yes
|
Yes
|
Yes
| |
|
Business, service
|
Yes
|
Yes
|
Yes
| |
|
Business, contractor
|
Yes
|
Yes
|
Yes
| |
|
Business, wholesale
|
Yes
|
Yes
|
Yes
| |
|
Manufacturing
|
Yes
|
Yes
|
Yes
|
C.
General standards. The following shall apply to all home businesses:
(1)
Visual appearance. A home business shall be conducted in a manner
that minimizes any adverse visual impact on the neighborhood. The
structure shall not be altered in a manner inconsistent with its residential
character. Outdoor illumination shall be limited to that normal and
customary for single-family housing (such as a customary porch light,
garage light or walkway light).
(3)
All home businesses shall be permitted on-site retail activity that
is incidental and subordinate to the home business uses (e.g., a music
teacher selling sheet music to one of the students or a hair dresser
selling hair product to a client). All retail activity and sales of
merchandise shall be located within an enclosed structure.
(4)
Class 2 and Class 3 home businesses may include the selling of products,
the major portion of which is raised or produced on the premises.
(5)
Traffic. All home business related traffic shall not exceed the maximum
number of peak hour trips based on Class 1 not exceeding four peak
hour trips, Class 2 not exceeding eight peak hour trips, and Class
3 not exceeding 12 peak hour trips. Customer traffic shall be limited
to daytime hours only.
(7)
Impact limits. Home businesses shall limit their generation of vibrations,
smoke, dust, heat, glare or odor such that they do not create a nuisance
or an unreasonable adverse impact perceptible beyond its lot lines.
Storage or use of hazardous or toxic materials shall be in compliance
with the requirements of the National Fire Protection Association
(NFPA) standards. Home businesses shall provide for the disposal of
all solid and liquid wastes on a timely basis and in an environmentally
safe manner. Home businesses shall make adequate provisions for access
by fire-fighting equipment and personnel.
(8)
Water quality. No home business shall cause any liquid, gaseous,
or solid materials to run off, seep, percolate, or wash into surface
or ground waters such that any pollutant or constituent or derivative
thereof attains a concentration in ground or surface water above current
public health drinking water standards for Maine.
(9)
Parking. Parking spaces and safe vehicular access shall be configured
on the property to prevent the need to back out onto roads or streets.
(10)
Water supply and sewage disposal. Home businesses shall demonstrate
the availability of adequate water supply for fire protection and
consumption needs and shall provide for the safe disposal of all wastewaters
for the home business and residence.
D.
A building permit and certificate of occupancy shall be obtained
from the Code Enforcement Officer prior to establishment of a home
business.
E.
Existing nonconforming or unlawful home business.
(1)
Prior to June 12, 2014, any existing home business that is established
by June 12, 2012, which is not operating under the control of an approved
building permit/use permit from the Code Enforcement Office shall:
(a)
Submit a building permit/use permit application containing the
following information to the Code Enforcement Office:
[1]
Description and type of home business, total gross floor area
used by the home business within a structure, number of employees
who reside on the premises and who do not reside on the premises,
size of the parcel, location and total area of any outside storage,
and total parking spaces provided; and
(b)
Apply for site plan approval if the home business type is a
permitted use within the defined zoning district for the parcel of
land on which the home business is located; or
(c)
Discontinue home business operations.
(2)
Any existing nonconforming or unlawful home business is prohibited from altering or amending its use after June 12, 2012, without complying with § 145-51E.
(3)
Failure of any home business to comply with § 145-51E(1) prior to June 12, 2014, shall be considered a violation of this chapter per §§ 145-63 and 145-64.
(4)
Any existing nonconforming or unlawful home business established by June 12, 2012, which does not conform to the requirements of § 145-51 may continue to operate, provided it has complied with § 145-51E(1) and shall not be permitted to increase or expand.
[Amended 4-12-2003]
A.
Any lodging unit in a bed-and-breakfast or a hotel/motel
that exceeds 470 square feet or a housekeeping or seasonal cottage
that exceeds 600 square feet shall meet the density requirements for
a dwelling unit located in the same district.
[Amended 11-5-2013]
(1)
A porch
or deck may be attached to each lodging unit and shall not be included
in the footprint of the lodging unit unless the porch is heated and/or
insulated.
(2)
Any
lodging unit existing on January 1, 1994, required to comply with
any state or federal regulations for handicapped accessibility, may
be enlarged beyond the maximum allowed footprint, provided that the
expansion is the minimum area required to comply with the regulations.
B.
Kitchen facilities are permitted in the individual
units in housekeeping cottage complexes and in hotel/motels.
C.
All motels, hotels and housekeeping cottages shall
be connected to the public water and public sewer systems.
D.
All lodging units, other than the unit occupied by
the resident manager, shall be available to the traveling public and
shall not be reserved for the exclusive use of the owner, his family
and his friends.
E.
Lodging facility office. All lodging facilities constructed after May 1, 2007, regardless of the number of units, shall maintain an office on the licensed premises or within 150 feet of the lodging facility’s site boundaries. Except as otherwise provided in § 150-83B(2), all lodging facilities constructed prior to May 1, 2007 having 10 or more units shall maintain an office on the licensed premises or within 150 feet of the lodging facility’s site boundaries. Except as otherwise provided in § 150-83B(2), if a lodging facility constructed prior to May 1, 2007 has less than 10 units, the Selectmen may waive the office requirement if the Selectmen find: (1) that adequate provision has been made to enable the public to reach an innkeeper and/or rental manager after hours; and (2) that there is public telephone access either on-site, or, within 150 feet of the lodging facility’s site boundaries. If granted, such a waiver shall be filed with the lodging facility’s business license and shall remain in effect so long as all of the conditions upon which it was granted continue to be satisfied. This subsection does not apply to a seasonal cottage complex that is created by the conversion of a housekeeping cottage complex to a seasonal cottage complex, provided that a housekeeping cottage complex that had an office prior to conversion shall maintain the office.
[Amended 4-27-2007]
F.
Any nonconforming lodging facility that seeks site plan approval or an amendment to an approved site plan shall conform to the requirements of Subsections D and E(1).
G.
Seasonal cottage facility.
(1)
Kitchen facilities are permitted in the individual
units of seasonal cottages.
(2)
All seasonal cottages shall be connected to the public
water and public sewer systems.
(3)
All seasonal cottage units shall be available to the
traveling public, but may be occupied by a single individual or group
for a time period of up to six months.
(4)
All seasonal cottages in a seasonal cottage complex
shall be closed and the water service to the units turned off between
November 1 and April 30 of the following year.
H.
Housekeeping cottage complex conversion to seasonal
cottage complex.
(1)
As of January 1, 2003 no seasonal cottage complexes
exist.
(2)
A housekeeping cottage complex existing on January 1, 2003, may be converted to a seasonal cottage complex by applying to the Staff Review Committee for a change of use, following the procedures and requirements of Article X, Site Plan Approval.
(a)
A note shall be added to the plan that states
"All units shall be closed and water service to the units shall be
turned off from November 1 through April 30 of the following year."
(b)
If the complex is held in a condominium form
of ownership, a copy of the condominium documents must be supplied,
a current list of owners and a letter from the board of directors
requesting the change of use.
I.
Hotel/motels shall meet the following criteria:
[Added 11-5-2013]
(1)
A minimum lot size: three acres of net area.
(2)
A minimum of 20 hotel/motel units in a single building.
(3)
A minimum buffer between any street right-of-way which meets or exceeds
the following:
(a)
For a one-story building, a minimum setback of 40 feet;
(b)
For a two-story building, a minimum setback of 60 feet;
(c)
For a three-story building, a minimum setback of 80 feet;
(d)
The buffer shall consist of trees, shrubs, plantings, grass,
and mulch areas;
(e)
Non-vegetated features such as access roads, walkways, and trolley
stops may be allowed in the buffer;
(f)
Two handicap-accessible parking spaces may be allowed in the
buffer; and
(g)
The buffer shall be approved by the Planning Board.
(4)
There shall be a buffer strip of at least 25 feet in width adjacent
to all lot lines of natural or planted vegetation.
(5)
A hotel/motel office shall be provided.
(6)
Three-story buildings shall enclose all stairways.
(7)
All facilities shall be connected to public water and public sewer
systems.
(8)
All buildings shall be constructed with sprinkler systems.
(9)
Kitchen facilities are permitted in the hotel/motel units.
(10)
Only gas fireplaces shall be permitted.
(11)
Only one manager's dwelling unit may be permitted.
(12)
The hotel/motel unit deck or enclosed porch shall not be insulated
or climate controlled.
J.
Bed-and-breakfast/small inns shall meet the following criteria:
[Added 11-5-2013]
(1)
The dwelling unit, bed-and-breakfast/small inn room units, and common
facilities shall be located within one building, except for accessory
structures.
(2)
The minimum lot size and minimum density shall meet the dimensional
requirements of the zoning district for which the lot is located plus
an additional 4,000 square feet per bed-and-breakfast/small inn room
unit.
(3)
A bed-and-breakfast/small inn office shall be provided.
A.
Prior to April 24, 1994, any mineral extraction use
which is not operating under the control of an approved site plan
shall:
(1)
Submit to the Code Enforcement Officer either:
(a)
A plan prepared by a surveyor or professional
engineer licensed by the State of Maine showing the boundaries of
the lot, the limits of the area of the existing operation and existing
topography of the subject site within 100 feet of any excavation or
storage area at two-foot contours (contour information shall not be
required for stored materials); or
(b)
A file containing the following information:
[1]
Tax map and lot number of the lot;
[2]
A copy of the deed of the lot;
[3]
A sketch of the lot showing the approximate
size and location of the mineral extraction use; and
[4]
A series of photographs showing the area of
the mineral extraction use, its entrance(s) from the public road(s)
and all working faces. The area included in each photograph shall
be identified on the sketch of the lot; or
(2)
Discontinue mineral extraction operations.
[Amended 4-28-1995]
B.
Any mineral extraction use legally operating on April
24, 1993, may:
(1)
Continue to operate according to an approved site
plan;
(2)
Continue to operate and expand the use by one acre in area without an approved site plan, provided that the use has complied with the requirements of Subsection A(1)(a). Any increase in area of more than one acre may only be done according to an approved site plan. The Planning Board shall recognize the legal nonconforming status of those portions of a site on which the mineral extraction use was present and on those portions may not impose any conditions which would exceed the requirements in effect when the use was established; or
(3)
Remove up to 500 cubic yards of material in any two-year period from the lot without having obtained an approved site plan and without paving the entrance road as required in Subsection D(3), provided that the use has complied with the requirements of Subsection A(1)(b). No more than 500 cubic yards may be removed from any lot in any two-year period unless mineral extraction is a permitted use in the district in which the lot is located and an approved site plan has been obtained for the expanded use.
[Amended 4-28-1995]
C.
Up to 100 cubic yards of material may be removed annually from a parcel of land for use on another parcel of land in the same ownership without having obtained site plan approval and without paving the entrance road as required in Subsection D(3).
D.
All mineral extraction uses shall comply with the
performance standards listed below. Any legally existing mineral extraction
use which does not conform to these performance standards may continue
to operate but may not increase the nonconformities.
(1)
A vegetative buffer strip at least 100 feet in width
shall be maintained along all lot boundaries, including the boundaries
of cemeteries located on the lot on which the mineral extraction use
is located. No existing vegetation shall be removed, except that a
strip not to exceed 50 feet in width may be cleared for an access
road, which shall cross the buffer strip at an angle of between 75º
and 90º. Natural vegetation may be removed if the buffer is landscaped
according to an approved site plan. The buffer strips between two
mineral extraction uses may be removed upon the written agreement
of both lot owners and recording of the agreement in the Registry
of Deeds and referencing the recorded agreement on their respective
site plans. Additionally the width of any buffer strip, except those
adjacent to streets, may be reduced to not less than 25 feet if the
abutting property owner(s) agree(s) to the reduction in writing and
said agreement is recorded in the Registry of Deeds. For security
reasons, buildings accessory to the mineral extraction use shall be
allowed, with the approval of the Planning Board, in the buffer strip
along their street frontage as long as they are located at least 100
feet from any side lot line and are visible from the street.
[Amended 11-6-2001]
(2)
Any topsoil or subsoil suitable for the purposes of
revegetation shall be stripped from the location of the extraction
operation(s) and stockpiled for use in restoring the location after
the extraction operation has ceased. Such stockpiles shall be protected
from erosion using practices recommended by the York County Soil and
Water Conservation District. Any topsoil in excess of that needed
to restore the site may be removed from the site upon completion of
the required site restoration work.
(3)
The entrance road(s) shall be treated to minimize
the generation of dust or mud. Any entrance road constructed after
April 24, 1993, shall be paved a distance of at least 100 feet from
the edge of the street which provides vehicular access to the operation.
(4)
No equipment, stumps, debris, junk or other material
shall be permitted on the site except those directly related to the
mineral extraction use. The temporary storage of loam, clay, sand,
gravel or stone from off the premises shall be permitted as an accessory
use to a mineral extraction use. The storage of concrete without steel
or iron showing and the storage of asphalt for recycling may be allowed
with Planning Board and Department of Environmental Protection approval.
Any temporary structures erected for use as part of a mineral extraction
use shall be removed within 60 days after the cessation of operation.
[Amended 4-28-1995]
(5)
The lowest point of any sand and gravel excavation
shall be at least five feet above the seasonal high water table, defined
as the highest point of the water table during the wettest month of
the year. The operator of the operation shall, at the request of the
Code Enforcement Officer, dig a test pit at least five feet deep to
demonstrate compliance with this standard. Any area of an excavation
site that was mined below five feet above the seasonal high water
table before April 24, 1993, shall be deemed nonconforming and may
not be expanded either horizontally or vertically.
[Amended 4-28-1995]
(6)
Vehicular access to any mineral extraction site shall
be limited during all inactive periods and nonworking hours by gates,
fences, berms, wooded buffer areas or any other functional barriers.
(7)
Any mineral extraction use shall employ erosion and
sedimentation control measures as necessary to protect water bodies,
tributary streams and wetlands from sedimentation and adjacent lots
from erosion and sedimentation. Said erosion and sedimentation control
measures shall be in accordance with the practices recommended by
the York County Soil and Water Conservation District.
(8)
The following regulations shall apply to all sites:
(a)
No fuels, antifreeze, lubricants or hydraulic
fluids shall be stored within any excavation area. They may be stored
on site only if they are stored within a containment structure which
would hold and prevent any of the fluid from entering the ground.
(b)
Any refilling or draining of any fluids (e.g.,
fuel, hydraulic fluid, brake fluid or antifreeze) or repair of equipment
on an extraction site shall take place only over an impermeable surface
from which any spilled fluids can be collected and removed from the
site. Said surface or container shall have a capacity of at least
20 gallons.
(c)
Every extraction use shall have a plan, and
the ability to implement the plan, for the containment and cleanup
of any fuel or fluid spill on site.
(9)
Any site, except rock and stone quarries, upon which
a mineral extraction use is located shall be restored so that no grades
exceed a slope of three horizontal to one vertical within two years
of the cessation of any extraction at any site or at any one or more
locations within a site. The sites shall be revegetated using the
topsoil available on site according to the practices recommended by
the York County Soil and Water Conservation District.
(10)
The Planning Board shall, as part of its review process, consider the potential noise impacts of a proposed mineral extraction use. In situations where residential development may be impacted by the mineral extraction use, the Board may require a noise study. Enlarged buffers, noise barriers, limitation on hours of operation or any other physical improvement or operational procedure that would reduce the sound-pressure levels to the standards required in § 145-45 may be required.
E.
Discontinuance of a mineral extraction use is defined as the excavation and removal from the premises of less than 500 cubic yards of material in any twenty-four-month period for mineral extraction uses operating under the requirements of Subsection B(1) and (2) or the removal of less than 20 cubic yards of material in any two-year period for mineral extraction uses operating under the requirements of Subsection B(3). The owner/operator shall provide the Code Enforcement Officer receipts or other documents substantiating the cubic yardage of material which has been hauled off the premises in the previous 24 months so that he may determine if the mineral extraction use has or has not been discontinued. If a mineral extraction use has been discontinued, it may not resume operation without having obtained site plan approval and met the standards of this section.
F.
A performance guaranty, the form and amount of which are acceptable to the Town Manager, shall be given to the Town before the start of the extraction for any mineral extraction use approved by the Planning Board. The performance bond shall be of sufficient size to rehabilitate the mineral extraction site in accordance with the restoration plan approved by the Planning Board. If a mineral extraction use is discontinued (as defined in Subsection E) its approval shall expire, and the Town, after providing the owner and/or operator written notice of its intent, shall use the posted security to restore the site of the mineral extraction use in accordance with Subsection D(7) and (9).
[Amended 6-13-2017]
A.
To increase the availability of affordable housing
(as defined in 30-A M.R.S.A. § 5002) to low- and moderate-income
families the following increases in residential density and reductions
in lot size and frontage within a subdivision containing only affordable
housing shall be permitted within the Residential A District:
(1)
If the dwelling units are not connected to the public sewer, a developer may develop the subdivision at a density of one dwelling unit for each 32,000 square feet of net area with a corresponding reduction of 20% in lot size and lot frontage without obtaining a variance from the Zoning Board of Appeals. The subdivision may also be developed at the same increased density according to the requirements of § 145-48 or 145-49.
(2)
If the dwelling units are connected to the public sewer, a developer may develop the subdivision at a density of one dwelling unit for each 13,333 square feet of net area with a corresponding reduction of 33 1/3% in lot size without obtaining a variance from the Zoning Board of Appeals. The subdivision may also be developed at the same increased density according to the requirements of § 145-48 or 145-49.
B.
Eight or fewer dwelling units shall be permitted in
a multifamily dwelling if all the dwelling units within the structure
are affordable housing units.
C.
The developer shall implement a plan to ensure that
the affordable housing units remain affordable. The plan shall be
approved by both the Planning Board and the Board of Selectmen.
D.
A landscaped buffer strip shall be provided along
the perimeter of an affordable housing subdivision except where access
roads into the subdivision are located. The buffer strip shall have
a width equal to 1/5 of the required lot frontage of the applicable
zoning district along all lot boundaries, except along existing improved
public streets, where the buffer strip shall have a width equal to 1/2
of the required lot frontage. The buffer strip shall be owned in fee
and managed by an association of the owners within the development.
The Planning Board may waive or modify this buffer requirement if
it finds that the requirement will make the proposed subdivision financially
unfeasible.
A.
One accessory dwelling unit shall be permitted within an owner-occupied
one-family dwelling in all districts except the Residential B, Residential
D and the Beach Business Districts.
[Amended 6-13-2017]
(1)
The lot on which the accessory dwelling unit is situated
meets all the current dimensional requirements of this chapter for
a one-family dwelling;
(2)
The accessory dwelling unit shall contain no more
than three rooms and a bathroom and shall not exceed 600 square feet
of net habitable floor area;
(3)
The building containing the accessory dwelling unit
shall have the exterior appearance of a single-family home;
(4)
The accessory dwelling unit shall not occupy more
than 35% of the habitable floor area of the building; and
(5)
The accessory dwelling unit shall be located in the
same building as the principal dwelling unit.
[Added 4-28-1995]
A.
All recycling facility operators, except the Town of Wells, under § 145-28G(2) shall provide one of the following performance guaranties in an amount adequate to cover the total decommissioning costs and/or all site restoration improvements, taking into account the time span of the restoration schedule and the inflation rate:
B.
The conditions and amount of the performance guaranty
shall be determined by the Planning Board with the advice of the Town
Engineer, Road Commissioner, municipal officers and/or Town Attorney.
[Added 4-28-1995]
During construction or at special indoor or
outdoor events, including but not limited to craft fairs, other fairs,
concerts and athletic or social events, structures and/or solid waste
dumpsters may be temporarily placed within 15 feet of a lot line(s)
fronting a street. These structures and/or solid waste dumpsters shall
not be within the structure setback for the district earlier than
48 hours before the event or construction starts and must not remain
in the structure setback for the district longer than 48 hours after
the event or construction concludes. All temporarily placed solid
waste dumpsters shall be emptied as needed.
[Amended 4-26-1996]
A.
A life care facility must be served by public sewer
and public water.
B.
A life care facility may include one or more of the
following as accessory uses: day care for persons age 55 or older,
day care for children of employees of the life care facility, personal
service business and/or retail business for residents of the facility.
C.
Notwithstanding the dimensional requirements of Article V of this chapter, the maximum density for the elderly housing portion of the life care facility is eight units per net acre, and the maximum density for the congregate housing portion is 15 units per net acre.
D.
The elderly housing units, congregate housing units and nursing home portion of the life care facility are exempt from § 145-48B of this chapter.
[Amended 11-6-2012]
E.
Each dwelling unit of the elderly housing portion
of a life care facility must contain at least 600 square feet of gross
floor area and may contain no more than 1,500 square feet of gross
floor area. Each dwelling unit in the congregate housing portion of
a life care facility must contain at least 300 square feet of gross
floor area and may contain no more than 550 square feet of gross floor
area.
F.
Overnight guests are allowed to stay with the occupants of the elderly housing and congregate portions of a life care facility but for no longer than eight nights during any one-month period, except as allowed under Subsection G.
G.
One adult over the age of 18 is allowed to occupy
a congregate unit or an elderly housing unit provided that person's
presence is required to care for one of the elderly occupants.
H.
Neither the elderly housing units, the congregate
housing units nor the nursing home rooms may be sublet.
[Added 6-8-2010]
A.
Congregate
care facilities are allowed subject to the following performance standards
in addition to the requirements of the districts in which the developments
are located.
B.
Congregate
housing and congregate housing communities may be placed only on properties
served by public water (defined as water provided by the Kennebunk,
Kennebunkport & Wells Water Company or its successors) and public
sewer (defined as sewerage services provided by the Wells Sanitary
District or its successors).
C.
Notwithstanding
the dimensional requirements for dwelling units within a particular
zoning district, congregate dwelling units in a congregate care facility
other than single-family or duplex units, shall be permitted at one
unit for every 2,500 square feet of net area. Single-family or duplex
units within such a complex shall be permitted only at the underlying
density for a dwelling unit within the zone.
D.
The
minimum lot size for a congregate care facility shall be 200,000 square
feet in contiguous ownership. In the event that a developer will own
a lot or lots separate from the lot on which the buildings of the
congregate care facility will be located (e.g. for parking, see below),
the square footage of the noncontiguous lots shall not be counted
in computing the 200,000 square foot minimum lot size.
E.
A vegetated
buffer which includes fencing or live landscaping or vegetation that
provides an actual visual screen along the lot lines of at least 15
feet in width along all lot boundaries of developed properties shall
be required. The buffer strip shall not contain parking areas or structures,
but may contain a perpendicular access driveway(s) or road(s) to connect
with existing streets. Said visual screening shall consist of a continuous
border of shrubbery at least six feet in height, trees or, if required
by the Planning Board, solid fencing an average of six feet in height.
Said visual screening shall be owned in fee, managed and maintained
by the owner or owners of the development.
F.
Buildings
shall be protected by use of fire suppression sprinkler systems.
G.
Buildings
shall be separated by at least 15 feet. In a congregate care facility
buildings may be connected by use of walkways, covered and/or enclosed
and in such a development only and only for zoning purposes and not
for building code purposes, and nowhere else within the Town of Wells,
such a connection shall not be considered as causing two or more buildings
or structures to be considered as one.
H.
Congregate
care facilities shall have at least one parking space for each employee
on the two largest shifts combined. The Planning Board may seek the
services of a consultant in parking matters, and the applicant shall
be responsible for payment of any and all fees of such consultant.
The Planning Board may, subject to conditions that it may impose,
permit some, but not all, of the parking for a congregate care facility
to be located other than on the lot or lots which comprise such facility,
and there shall be restrictions to this effect placed in all of the
deeds associated with the congregate housing development. Where the
Planning Board makes written findings of fact that there are special
circumstances of a particular lot, it may waive portions of the parking
requirements contained herein, to permit more practical and economical
development, provided that the public health, safety and welfare are
protected. Any waivers granted hereunder are not a variance and may
be granted by the Planning Board in the absence of hardship. In granting
waivers to these parking requirements, the Board shall require such
conditions as will assure that the objectives of these parking requirements
are met. In the event of conflict between this subsection and any
other provision of this chapter or any other ordinance, this subsection
shall control.
I.
On any
lot divided by a zoning district boundary line, the lot coverage for
any portion of the lot lying within a specific zoning district shall
not exceed the permitted lot coverage for that district.
J.
In the
event that the owner(s) of a congregate care facility wish(es) to
convert such a facility to some other residential use, such conversion
will be subject to review and approval by the Planning Board of the
Town of Wells. Any such conversion will be subject to the density
requirements for dwellings within the district where the congregate
care facility is located, and neither the Planning Board nor the Zoning
Board of Appeals may change or alter such densities except as may
be appropriate under the requirements for a clustered subdivision.
The limitations on multifamily dwellings and multifamily development
as may exist in the Wells Code shall apply to any such conversion.
K.
In any
congregate care facility development abutting a residential use in
a residential zoning district, the setback shall be equal to at least
two times the required structure setback or 25 feet, whichever is
greater (e.g., required fifteen-foot setback x 2 = 30 feet). This
setback requirement shall not be required when the lot adjacent to
any proposed congregate care facility is undeveloped. In such case,
the normal setback requirements of the zoning district in which the
facility is to be located shall govern.
A.
Registered medical marijuana dispensaries are allowed subject to
the following performance standards in addition to the requirements
of the districts in which the dispensaries are located.
B.
Notwithstanding any other provision of the Wells Code, a combined
total of no more than three registered medical marijuana dispensaries
shall be allowed to be approved at any given time in the Town of Wells.
"Approved" means a property which has received a site plan approval
from the Wells Planning Board.
C.
Notwithstanding any other provision of the Wells Code, all registered
medical marijuana dispensaries must be reviewed by the Wells Planning
Board, and not by the Staff Review Committee.
D.
Registered medical marijuana dispensaries must meet all of the standards
and conditions imposed by the Maine Department of Administration and
Financial Services issued under the aegis of the Maine Medical Use
of Marijuana Program.
E.
Notwithstanding the Maine Department of Administration and Financial
Services Rules Governing the Maine Medical Use of Marijuana Program,
no registered medical marijuana dispensary in Wells may be located
where any of the lot lines of the lot on which the dispensary will
be located are within 2,000 feet of the lot line of any preexisting
public or private school facility; or any preexisting and licensed
child-care facility.
F.
There shall be opaque windows or walls for any building involved
in the registered medical marijuana dispensary, so that the interior
is completely screened from lot lines and from any person passing
along the normal street boundaries of the lot on which it is located.
G.
All buildings associated with a medical marijuana dispensary facility
shall be protected by use of fire suppression sprinkler systems, or
other effective fire suppression system that may be approved by the
Chief of the Wells Fire Department.
H.
The registered medical marijuana dispensary shall have a Knox-Box®
and shall provide the Fire Department with the necessary information
to allow entry by Fire Department personnel in the event of an emergency
at the location.
I.
A registered medical marijuana dispensary shall have at least one
parking space for each employee on the two largest shifts combined,
and such additional customer parking as may be required by the Planning
Board.
J.
With any registered medical marijuana dispensary abutting a residential
use, the setback shall be equal to at least two times the required
structure setback or 25 feet, whichever is greater (e.g., required
fifteen-foot setback x 2 = 30 feet). This setback requirement shall
not be required when the lot adjacent to any proposed registered medical
marijuana dispensary is undeveloped. In such case, the normal setback
requirements of the zoning district in which the facility is to be
located shall govern.
K.
The operator of a registered medical marijuana dispensary must provide
a security plan to the Chief of Police for the Town of Wells, who
will provide the Planning Board with a report and recommendations
for specific conditions of approval as regards required security measures
to be incorporated. The requirements for this plan should be coordinated
with the requirements for any security plan that the State of Maine
may require for such a facility.
L.
The hours of operation for any registered medical marijuana dispensary,
including the hours that persons other than staff of the facility
may be present, shall be limited. No sales or dispensing of materials
may take place prior to 7:00 a.m. nor later than 8:00 p.m. on any
day.
M.
Signs for a registered medical marijuana dispensary or cultivation
facility may not contain any visual depiction of marijuana or marijuana
paraphernalia.
N.
Only qualifying patients, visiting qualifying patients, registered
caregivers, as those terms are defined in 22 M.R.S.A. § 2422,
as amended, or employees of the registered medical marijuana dispensary
are allowed to enter the registered medical marijuana dispensary use
building. The security plan shall include a method of controlling
all entry into the building as approved by the Planning Board to adhere
to this restriction.
[1]
Editor's Note: Part 6 of this ordinance also provided the
following regarding the date of applicability and retroactivity: "Except
as limited or prohibited by 30-A M.R.S. Section 3007(6), and notwithstanding
the provisions of 1 M.R.S. § 302 or any other law to the
contrary, and regardless of the Effective Date specified below, this
Ordinance shall govern and apply to all proceedings and applications
for Registered Marijuana Dispensaries and/or Standalone Registered
Marijuana Dispensaries that were filed with the Town prior to December
20, 2022, or, that were or are pending before the Town on or at any
time after December 20, 2022, that would result in the maximum number
of said dispensaries allowed by this Ordinance to be exceeded."
[Added 6-13-2017]
Medical marijuana cultivation and processing facilities are
allowed subject to the following performance standards in addition
to the requirements of the districts in which the facilities are located:
A.
Notwithstanding any other provision of the Wells Code, all medical
marijuana cultivation and production facilities must be reviewed by
the Wells Planning Board, and not by the Staff Review Committee or
other reviewing authority.
B.
Medical marijuana caregivers and facilities must meet all of the
standards and conditions imposed by the State of Maine issued under
the aegis of the Maine Medical Use of Marijuana Program.
C.
Notwithstanding the Maine Rules Governing the Maine Medical Use of
Marijuana Program, no medical marijuana cultivation and processing
facility located in Wells may be located where any of the lot lines
of the lot on which the facility will be located are within 1,000
feet of the lot line of any preexisting public or private school facility
or any preexisting and licensed child-care facility.
D.
There shall be opaque windows or walls for any building involved
in the facility, so that the interior is completely screened from
lot lines and from any person passing along the street boundaries
of the lot on which it is located.
E.
All buildings associated with the facility shall be protected by
a fire detection and alarm system approved by the Chief of the Wells
Fire Department. Emergency vehicle access shall be provided on a minimum
of three sides of a building.
[Amended 6-14-2022]
F.
The facility shall have a Knox-Box® at the security gate and
building or shall provide emergency response personnel with the necessary
information to allow entry in the event of an emergency at the location.
G.
The facility shall have at least one parking space per 1,000 square
feet of gross floor area, and such additional parking as may be required
by the Planning Board.
H.
No facility building shall be allowed to be constructed or occupied
within 500 feet of an existing dwelling unit.
I.
The operator of the facility must provide a security plan to the
Chief of Police for the Town of Wells, who will provide the Planning
Board with a report and recommendations for specific conditions of
approval regarding required security measures to be incorporated.
The requirements for this plan should be coordinated with the requirements
for any security plan that the State of Maine may require for such
a facility. A minimum of a chain link fence, six feet in height, is
required surrounding the facility. Recordable video surveillance is
also required. Exterior lighting must be sufficient to deter nuisance
activity and facilitate surveillance.
J.
The hours of operation for the facility, including the hours that
persons other than staff of the facility may be present at a cultivation
facility, shall be limited. No sales or dispensing of materials may
take place at the facility.
K.
Signs for the facility may not contain any visual depiction of marijuana
or marijuana paraphernalia.
L.
Vegetative buffers may be required by the Planning Board to create
a visual screen or minimize odors.
M.
The growing, cultivating, production, processing, testing, and/or
storing of medical marijuana by a medical marijuana caregiver shall
be located within a building. Said activities may not be conducted
anywhere outside of a building.
[Amended 4-26-1996]
Elderly housing, not a part of a life care facility, must meet the performance standards for multifamily developments in § 145-48 and the dimensional requirements of the district in which it is located.
[Added 11-3-2009]
A.
Purpose. The purpose of this section is to promote the safe and effective
use of wind energy conversion systems within the Town of Wells, and
to provide a means by which such wind energy conversion systems may
be regulated.
(1)
The primary purpose of a proposed wind energy conversion system
will be to provide mechanical or electrical power for the principal
use of the property whereon said wind energy conversion system is
to be located. This provision shall not be interpreted to prohibit
the sale of excess power generated from time to time from a wind energy
conversion system designed to meet the energy needs of the principal
use.
B.
Noise. The wind energy conversion system and its location on the
property involved shall be designed to limit any noise from said wind
energy conversion system from exceeding noise levels as established
elsewhere in this chapter. The WECS shall meet the requirements of
any existing noise ordinance of the Town of Wells.
C.
Variances. No variance shall be granted from the dimensional requirements
of this chapter for wind energy conversion systems.
D.
Design requirements: The following design requirements are the minimum
requirements that shall be met prior to the granting of a building
permit for a wind energy conversion system (WECS). It shall be the
responsibility of the applicant to demonstrate that the proposed WECS
meets these design requirements.
(1)
Tower access. There shall be protection against climbing access
by unauthorized persons. No climbing pegs shall be located closer
than 12 feet to the ground level at the base of the WECS. A minimum
six-foot-high fence with a locking gate shall be required to enclose
any ladder effect at the base of the tower. As a minimum to assure
this, the applicant must demonstrate that letter (a) or (b) below
will be achieved in addition to the locked, protective fence:
(2)
Electromagnetic interference. If it has been demonstrated to
a Town Code Enforcement Officer that a wind energy conversion system
is causing interference, the operator shall promptly mitigate the
interference with the radio frequency communication that is traceable
to the operation and/or location of the windmill. Mitigation shall
be in accordance with all applicable sections of the Federal Communication
Commission specifications.
(3)
Signs. At least one sign with a minimum of 96 square inches
and a maximum of 288 square inches shall be posted at the base of
the tower warning of electrical shock.
(4)
Lighting of tower. No lighting of the WECS shall be permitted
except as required by the FAA for aircraft safety.
(5)
All guy wires and anchors shall meet required setbacks of the
district, and no guy wires shall pass over any aboveground electrical
or other utility lines. For purposes of setback from wetlands only,
guy wires and anchors shall not be considered a "structure."
(6)
No commercial transmitting or receiving devices may be affixed
or otherwise made a part of a WECS.
(7)
Setbacks: Setbacks for the WECS (excluding guy wires) shall
be a minimum of the height of the WECS plus the required setbacks
for structures in the district.
(8)
Appearance: WECS shall maintain a nonreflective finish unless
FAA standards require otherwise.
(9)
Signs: Towers shall not display any permanent or temporary signs,
writing, systems, logos, or any graphic representation of any kind
other than that of the manufacturer or warning signs. WECS towers
and/or bases may not be used to display signage for a business or
for other advertising.
(10)
All WECS shall be designed with an automatic brake to prevent
over-speeding and excessive stresses on the tower structure.
(11)
A WECS shall not structurally interfere with other structures.
Towers and blades shall meet manufacturers' recommended separation
distances.
E.
State and federal requirements:
(1)
Wind energy conversion systems must comply with applicable FAA
regulations, including any necessary approvals for installations close
to airports. Evidence of compliance or nonapplicability shall be submitted
with the application.
(2)
Wind energy conversion systems must comply with applicable building
code, National Electric Code and other state and federal requirements.
F.
Removal of unsafe wind energy conversion systems. Any wind energy
conversion system found unsafe by the Code Enforcement Officer shall
be shut down immediately and repaired to meet all federal, state or
local safety standards whichever are more stringent or removed within
30 days. If the owner fails to repair or remove the system as directed,
the Code Enforcement Officer may pursue legal action to have the system
removed at the owner's expense.
[Added 6-14-2011]
A.
Clinics, institutions, or other entities designed and operated for
the treatment of drug abuse and operating under the Regulations for
Licensing and Certifying of Substance Abuse Treatment Programs issued
by the Maine Department of Health and Human Services Division of Licensing
and Regulatory Services are permitted subject to the following performance
standards in addition to the requirements of the districts in which
they are located.
B.
Notwithstanding any other provision of the Wells Code, all clinics,
institutions, or other entities designed and operated for the treatment
of drug abuse and operating under the Regulations for Licensing and
Certifying of Substance Abuse Treatment Programs issued by the Maine
Department of Health and Human Services Division of Licensing and
Regulatory Services must be reviewed by the Wells Planning Board,
and not by the Staff Review Committee.
C.
Clinics, institutions, or other entities designed and operated for
the treatment of drug abuse and operating under the Regulations for
Licensing and Certifying of Substance Abuse Treatment Programs issued
by the Maine Department of Health and Human Services Division of Licensing
and Regulatory Services must meet all of the standards and conditions
imposed by the Maine Department of Health and Human Services.
D.
No clinics, institutions, or other entities designed and operated
for the treatment of drug abuse and operating under the Regulations
for Licensing and Certifying of Substance Abuse Treatment Programs
issued by the Maine Department of Health and Human Services Division
of Licensing and Regulatory Services in Wells may be located where
any of the lot lines of the lot on which the activity will be located
are within 1,000 feet of the lot line of any preexisting public or
private school facility; or any preexisting and licensed child-care
facility.
E.
All buildings associated with a clinic, institution, or other entity
designed and operated for the treatment of drug abuse and operating
under the Regulations for Licensing and Certifying of Substance Abuse
Treatment Programs issued by the Maine Department of Health and Human
Services Division of Licensing and Regulatory Services shall be protected
by use of fire suppression sprinkler systems, or other effective fire
suppression system that may be approved by the Chief of the Wells
Fire Department.
F.
The clinic, institution, or other entity designed and operated for
the treatment of drug abuse and operating under the Regulations for
Licensing and Certifying of Substance Abuse Treatment Programs issued
by the Maine Department of Health and Human Services Division of Licensing
and Regulatory Services shall have a Knox-Box® or shall provide
the Fire Department with the necessary information to allow entry
by Fire Department personnel in the event of an emergency at the location.
G.
A clinic, institution, or other entity designed and operated for
the treatment of drug abuse and operating under the Regulations for
Licensing and Certifying of Substance Abuse Treatment Programs issued
by the Maine Department of Health and Human Services Division of Licensing
and Regulatory Services shall have at least one parking space for
each employee on the two largest shifts combined, and such additional
parking as may be required by the Planning Board.
H.
With any clinic, institution, or other entity designed and operated
for the treatment of drug abuse and operating under the Regulations
for Licensing and Certifying of Substance Abuse Treatment Programs
issued by the Maine Department of Health and Human Services Division
of Licensing and Regulatory Services abutting a residential use in
a residential zoning district, the setback shall be equal to at least
two times the required structure setback or 25 feet, whichever is
greater (e.g., required fifteen-foot setback x 2 = 30 feet). This
setback requirement shall not be required when the lot adjacent to
any such proposed use is undeveloped. In such case, the normal setback
requirements of the zoning district in which the facility is to be
located shall govern.
I.
The operator of a clinic, institution, or other entity designed and
operated for the treatment of drug abuse and operating under the Regulations
for Licensing and Certifying of Substance Abuse Treatment Programs
issued by the Maine Department of Health and Human Services Division
of Licensing and Regulatory Services must provide a security plan
to the Chief of Police for the Town of Wells, who will provide the
Planning Board with a report and recommendations for specific conditions
of approval as regards required security measures to be incorporated.
The requirements for this plan should be coordinated with the requirements
for any security plan that the State of Maine may require for such
a facility.
[Added 11-7-2023]
A.
Student
housing. A student is permitted to occupy a room or suite of rooms,
known as a unit, within a student housing building provided the following
conditions are met:
(1)
The student is enrolled in and attending a college or vocational-technical
school within the Town of Wells.
(3)
A minimum of one parking space per student is provided on-site.
(4)
Student housing units shall contain living, bathing and sanitary
facilities, and a kitchen facility with sleeping rooms.
(5)
All housing units shall be connected to public water and public sewer.
(6)
All housing units shall be constructed with sprinkler systems.
(7)
Appropriate on-site supervision shall be provided by the college
at all times.
(8)
The college shall be responsible for collecting all applicable room
and/or rental fees and other charges, as a result of offering such
housing.
(9)
Student housing shall not be permitted for members of a student’s
family or minors (persons under the age of 16) except to the extent
the family member is a student who otherwise is qualified hereunder
for student housing or as otherwise required by law.
B.
Dormitory
housing. Students are permitted to occupy a dormitory housing unit
within dormitory housing buildings provided the following conditions
are met:
(1)
Students are enrolled in and attending a college or vocational-technical
school within the Town of Wells.
(2)
Maximum of three student occupants per dormitory housing unit.
(3)
A minimum of one parking space per dormitory housing unit shall be
provided on-site.
(4)
Maximum density is 20 dormitory housing units per acre of net area.
(5)
A minimum of 20 dormitory housing units shall be located within each
dormitory housing building.
(6)
Dormitory housing units shall be constructed with sprinkler systems.
(7)
Three-story buildings shall enclose all stairways.
(8)
Dormitory housing units shall be a minimum of 100 square feet in
gross floor area and a maximum of 600 square feet in gross floor area.
(9)
Dormitory housing buildings shall provide common laundry, sanitary,
kitchen and/or living spaces.
(10)
Dormitory housing units shall be connected to public water and public
sewer.
(11)
Appropriate on-site supervision shall be provided by the college
at all times, which shall include a supervisory employee residing
within the dormitory building.
(12)
The college shall be responsible for collecting all applicable room
and/or rental fees and other charges, as a result of offering such
housing.
(13)
Dormitory housing shall not be permitted for members of a student’s
family or minors (persons under the age of 16) except to the extent
the family member is a student who otherwise is qualified hereunder
for student housing or as otherwise required by law.
C.
Limited
permitted use of student housing or dormitory housing for York County
seasonal workers. Student housing or dormitory housing may be occupied
from May 15 through September 15 of each year by a non-college student
provided the following conditions are met:
(1)
Each occupant shall be employed by a business located within York
County. The college shall give preference for such housing to those
employed by a business located within or serving the Town of Wells.
(2)
The educational institution regulates the occupancy of non-college
students by the following:
(3)
The college shall be responsible for collecting all applicable room
and/or rental fees and other charges, as a result of offering such
housing.
(4)
Such housing shall not be permitted for members of a qualifying occupant’s
family or minors (persons under the age of 16) except to the extent
the family member (over the age of 16) is a qualified occupant hereunder
or as otherwise required by law.
