[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) 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 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.
(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
|
(2) Class restrictions:
(a)
Home businesses shall not include funeral homes or the redemption
of beverage containers.
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).
(2) Signs. A home business shall comply with §
145-40.
(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.
(6) Screening. All home businesses shall be screened in accordance with §
145-38.
(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
[2]
Plot plan of the property identifying structures, parking areas, outside storage areas, zoning dimensional requirements conformance and compliance with §
145-51C.
(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.
[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; 11-6-2012; 6-11-2024]
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:
(1) Day-care
center for persons age 65 or older, or for physically or mentally
disabled persons.
(2) Day-care
center for children of employees of the life care facility, personal
service business and/or retail business for residents of the life
care facility.
C. The minimum lot size for a life care facility shall be 100,000 square feet of net area. Notwithstanding the dimensional requirements of Article
V of this chapter, the maximum density for life care facility dwelling units is eight units per net acre.
D. Life care facility dwelling units are exempt from multifamily development standards §
145-48 of this chapter.
E. Each life care dwelling unit of a life care facility
must contain at least 600 square feet of gross floor area and may
contain no more than 1,850 square feet of gross floor area. Each life
care unit shall have a maximum of two bedrooms. Each life care unit
shall have a minimum of a one-car ADA garage. All life care dwelling
units and shared community space in the life care facility shall be
protected by the use of fire suppression sprinkler systems.
F. Overnight guests are allowed to stay with the occupants of the life care facility dwelling units but for no longer than eight consecutive nights or eight nights during any one-month period, except as allowed under Subsection
G.
G. One or more adult care providers over the age of 18
are allowed to occupy a life care facility dwelling unit provided
that person's presence is required to care for one of the elderly
or physically or mentally disabled occupants.
H. No life care facility dwelling unit may be sublet.
I. Continuing
qualification of occupants. If, because of the death, relocation (not
by divorce), or absence of any person of a household over the age
of 65 or absence of a disabled person, a unit would no longer qualify
as a life care unit, the surviving or remaining spouse or guardian
who uses the unit as a principle residence may continue to occupy
the life care unit provided that no additional person who does not
qualify shall occupy the unit.
J. Buildings
and structures shall be separated by at least 15 feet. In a life care
facility, buildings may be connected by use of walkways, covered and/or
enclosed, but such a connection shall not be considered as causing
two or more buildings or structures to be considered as one.
K. Two parking
spaces per life care dwelling unit shall be provided.
L. In any
life care facility development abutting a residential use in a residential
or rural 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 life 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.
M. All life
care housing dwelling units and shared community space within a life
care facility shall be constructed as ADA accessible units and shall
meet the requirements of the Americans with Disabilities Act requirements and be designed by a licensed design professional:
(1) Units
shall include a compliant bedroom and full compliant bathroom on the
first floor.
(2) Accessible
floor and ground surfaces, kitchen facilities, bathroom facilities,
laundry facilities, fire alarm systems, electrical switches and outlets.
(3) Accessible
railings and grab bars in appropriate locations.
(4) A
minimum of one accessible entrance at an exterior door.
(5) Accessible
hardware on doors.
(6) Accessible
sidewalks, walkways, ramps, and parking shall be concrete or pavement
and a minimum of five feet in width.
(7) Accessible
public use or shared areas.
(8) All
second and third floors of buildings to be compliant and designed
to accommodate potential installation of elevators or chair lifts.
(9) Life
care dwelling units shall have a minimum of a one-car garage. The
garage shall include a ramp into the dwelling unit to meet ADA requirements.
(10) Exterior alarm klaxon systems installed.
(11) Generators or other form of backup power supply installed for each
building other than small accessory structures.
N. Life care
facilities shall provide common or shared buildings for the following
on-site amenities to be available to residents of the life care facility
and not the general public.
(1) Housekeeping
services to support independent or semi-independent living.
(2) Shared
community space shall consist of meeting or sitting rooms, medical
exam or treatment rooms (one exam/treatment room per 10 life care
dwelling units), recreational rooms or spaces, clubhouse, pools with
pool houses or combination of facilities as determined by the Planning
Board based on the number of life care dwelling units and services.
(4) Assisted
living and transportation services.
(5) Sidewalks
along proposed streets required.
(6) Sidewalks meeting the standards of Chapter
201 shall be required along any street frontage along Route One, Route 109, Route 9A, Route 9B and Route 9.
[Added 6-8-2010; amended 6-11-2024]
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
care facilities 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 housing dwelling units in a congregate care facility shall be permitted at one unit for every 2,500 square feet of net area. A minimum of four congregate housing dwelling units shall be located in each building containing congregate housing dwelling units. Congregate housing dwelling units are not subject to the multifamily development standards of §
145-48. Single-family or two-family dwelling unit (duplex) and multifamily dwelling units within a congregate care facility shall not be permitted.
D. The
minimum lot size for a congregate care facility shall be 200,000 square
feet net area 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 net area 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 live landscaping or vegetation of at least 15
feet in width along all lot boundaries of developed properties which
creates a visual screen along the lot lines 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 staggered 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. All
buildings containing congregate housing dwelling units or shared community
space or dining facilities 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,
but such a connection shall not be considered as causing two or more
buildings or structures to be considered as one. All walkways shall
be concrete or pavement.
H. Parking.
(1) Congregate care facilities shall have at least one parking space
for each employee on the two largest shifts combined.
(2) 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.
(3) 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.
(4) 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 to 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 multifamily development per §
145-48. 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 or rural 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.
L. All
congregate housing dwelling units within a congregate care facility
shall be constructed with a minimum of 300 square feet of gross floor
area and a maximum of 600 square feet of gross floor area. Congregate
housing dwelling units shall be constructed as ADA accessible units
and shall meet the requirements of the Americans with Disabilities
Act requirements and be designed by a licensed design professional
to meet the following standards:
(1) Accessible floor and ground surfaces, kitchen facilities, bathroom
facilities, laundry facilities, fire alarm systems, electrical switches
and outlets.
(2) Accessible railings and grab bars in appropriate locations.
(3) Accessible entrance at exterior door or garage.
(4) Accessible hardware on doors.
(5) Accessible sidewalks, walkways, ramps, and parking shall be concrete
or pavement and a minimum of five feet in width.
(6) Accessible public use or shared areas.
(7) All two- and three-story buildings to be compliant and constructed
with elevators.
(8) All units shall have alarm systems that are linked and monitored.
(9) Generators or other form of backup power supply installed for each
building other than small accessory structures.
M. Congregate
care facilities shall provide common or shared buildings for the following
on-site amenities to be available to residents of the congregate care
facility and not the general public.
(1) Personal service business uses to support independent or semi-independent
living.
(2) Congregate care facilities shall include shared community space and
shared dining facilities.
(a) The shared dining facilities shall include a state-licensed kitchen
and shall be capable of providing seating for at least 60% of the
total number of residents at the congregate care facility, less the
number of such residents who may be living in a nursing home on the
property and do not take meals other than in their rooms or some other
supervised dining arrangement.
(b) The shared community space to consist of meeting or sitting rooms,
recreational rooms or spaces, entertainment spaces, pools or pool
houses.
(3) Business office uses or medical clinic to provide space for physicians,
nurses, therapists and other associated medical needs to be conducted.
A pharmacy may also be permitted.
(4) Business office uses to provide space for congregate care facility
property management and maintenance.
N. No dwellings
or congregate housing dwellings in a congregate care facility may
be sublet.
O. Sidewalks meeting the standards of Chapter
201 shall be required along any street frontage along Route One, Route 109, Route 9A, Route 9B and Route 9.
P. Sidewalks
along proposed streets required.
[Added 6-14-2011; amended 6-13-2023]
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.
[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.