City of Westbrook, ME Article V Zoning Districts [1]

[1] Editor's Note: See also Table 1: Land Use Table, included as an attachment to this chapter.

§ 335-5.1 City Center District.

[Amended 3-7-2005; 6-6-2005; 4-5-2010; 3-3-2014; 11-17-2014]

The purpose of the City Center Zoning District is to create a flexible atmosphere for the return of the Downtown to a prominent regional service center. Flexible setbacks will be balanced with an overlay of design standards to encourage new development that will be consistent with the goals established in the City's Comprehensive Plan, Downtown Revitalization Plan, Downtown Parking Plan, Downtown Streetscape Plan and Westbrook Riverfront Master Plan.

A. Permitted uses. The following uses are permitted in the City Center District as a matter of right:

Accessory Use

Bank Class 2

Bed-and-Breakfast Classes 1 and 2

Business Office

Child-Care Center

Club or Lodge

Congregate Care Facility

Day-Care Center

Dwelling, Single-Family

Dwelling, Two-Family

Dwelling, Multiple-Family

Education Facility

[Added 3-18-2019 by Ord. No. 2019-45[1]]

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Family

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Food Cart Vendors

Home Occupation

Horticulture

Hotel

[Amended 3-18-2019 by Ord. No. 2019-45]

Library

[Amended 3-18-2019 by Ord. No. 2019-45]

Media Studio Class 2

Municipal Facility

Museum

[Added 3-18-2019 by Ord. No. 2019-45]

Medical Office

Neighborhood Grocery

Parking Facility

Private Indoor Recreation Facility

Restaurant Class 2

Retail Class 1 and Class 3

Service Business

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Telecommunications Facility

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

Vocational Education Facility

[Added 3-18-2019 by Ord. No. 2019-45]

[1] Editor's Note: Ordinance No. 2019-45 also repealed the entry for "educational/vocational" which appeared in this subsection.

B. Conditional use.

(1) The following uses are permitted in the City Center District as a conditional use under Article IV:

Artisan Food and Beverage

[Added 3-18-2019 by Ord. No. 2019-40]

Bank Class 1

Boarding Home for Sheltered Care

Boardinghouse or Lodging House

Community Center

Community-Based Residential Facilities

Community Living Arrangement

Home Day-Care Provider

Light Manufacturing

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

Research and Development

Theater

(2) Notwithstanding the requirements of § 335-4.1A(4)(i), conditional uses other than home day-care providers shall not be required to provide off-street parking.

C. Performance standards. The following performance standards apply in the City Center District:

(1) Minimum lot size: None.

(2) Dimension requirements:

(a) There are no dimension requirements for yard depths.

(b) Maximum height is negotiable during site plan review.

[Amended 12-4-2023 by Ord. No. 2023-127]

(3) Maximum footprint factor: 100%.

(4) Maximum gross density factor: 100%.

(5) Landscaping factor. As required by the reviewing authority.

[Amended 1-6-2020 by Ord. No. 2019-193]

(6) Residential density factor:

(a) One dwelling unit per 2,500 square feet of base site area.

[Amended 9-12-2022 by Ord. No. 2022-106]

(b) A density bonus is afforded within the Downtown District, as shown on the Westbrook Zoning Map, and the following specific map/lot locations (M32/L121 and M32/L122): a density bonus is permitted, in the areas stated above, of up to five times the underlying residential density factor (base density) provided all other provisions for the dwelling unit are met. For structures with four or more stories, the residential density factor is negotiable during subdivision/site plan review.

[Added 1-6-2020 by Ord. No. 2019-193; amended 12-4-2023 by Ord. No. 2023-127]

(7) Minimum unit size: Each dwelling unit shall contain at least 350 square feet of floor area.

[Added 9-12-2022 by Ord. No. 2022-106[2]; amended 12-4-2023 by Ord. No. 2023-127]

[2] Editor's Note: This order also renumbered former Subsection C(7) through (14) as Subsection C(8) through (15).

(8) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so no direct lighting is emitted beyond lot lines.

(9) Noise. Noise levels must not exceed existing levels at the exterior limits of the property.

(10) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(11) Odors. Odors must not exceed existing levels at the lot lines.

(12) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operation level of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

(13) Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

(14) Parking requirements. The parking requirements of Article XIII are only applicable to the following uses in the City Center District: home day-care provider, day-care center, child-care center, and dwelling, single-family, two-family and multiple-family.

(15) For properties located in the Downtown District as shown on the Westbrook Zoning Map, and the following specific map/lot locations (M32/L121 and M32/L122), the following standards apply:

[Added 1-6-2020 by Ord. No. 2019-193]

(a) Parking requirements. A minimum of one on-site parking space must be provided per dwelling unit. This standard may be reduced during subdivision/site plan review with a transportation management plan.

(b) Residential uses are prohibited on street level in structures adjacent to the following rights-of-way: Main Street, Stroudwater Street, Harnois Avenue, and Cumberland Street.

[Amended 9-12-2022 by Ord. No. 2022-105]

D. Telecommunications facilities. For provisions concerning telecommunications facilities, see § 335-2.30A.

§ 335-5.2 Residential Growth Area 1.

[Amended 3-7-2005; 11-17-2014]

The purpose of the Residential Growth Area 1 Zone is to provide urban core community densities to support the Downtown center. Reduced setbacks will permit the infill of vacant properties in areas that are already served by municipal infrastructure.

A. Permitted uses. The following uses are permitted in the Residential Growth Area 1 as a matter of right:

Accessory Uses

Bed-and-Breakfast Class 2

Congregate Care Facility

Dwelling, Single-Family

Dwelling, Two-Family

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Family

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Extended Care Facility

[Added 5-15-2023 by Ord. No. 2023-53; amended 2-5-2024 by Ord. No. 2024-05]

Funeral Home

Home Occupation

Horticulture

Library

[Amended 3-18-2019 by Ord. No. 2019-45]

Municipal Facility

Museum

[Added 3-18-2019 by Ord. No. 2019-45]

Neighborhood Grocery

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, CSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

B. Conditional use. The following uses are permitted in the Residential Growth Area 1 as a conditional use under Article IV:

Adult Day Care

Bed-and-Breakfast Class 1

Community Center

Day-Care Center

Dwelling, Multiple-Family

Home Day-Care Provider

Hospital

Medical Office

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

C. Performance standards. The following performance standards apply in Residential Growth Area 1:

(1) Minimum lot size: 5,000 square feet existing; 7,500 square feet new.

(2) Dimension requirements:

(a) Minimum lot frontage: 50 feet existing; 65 feet new.

(b) Yard setbacks:

[1] Front: 15 feet.

[2] Rear: 15 feet.

[3] Side: 10 feet existing; 15 feet new.

(c) Maximum height: 40 feet.

(3) Maximum footprint factor: 40%.

(4) Maximum gross density factor: 70%.

(5) Landscaping factor: 30%.

(6) Residential density factor: one dwelling unit per 5,000 square feet.

(7) Lighting. All outdoor lighting must be of cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the exterior limits of the building.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the lot lines.

(11) Screening. A plan for parking and screening is required for uses other than dwellings, single- and two-family. Screening may include, but is not limited to, fencing or plantings.

(12) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

(13) Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

§ 335-5.3 Residential Growth Area 2.

[Amended 10-21-2013 by Ord. No. 2013-188; 11-17-2014]

The purpose of the Residential Growth Area 2 is to develop suburban neighborhoods in areas that can be easily served by municipal infrastructure. This zone is a mixture of older subdivisions and vacant land that would best be served with interconnected road systems. Development, through density incentives, is encouraged to bring water and sewer to sites.

A. Permitted uses. The following uses are permitted in the Residential Growth Area 2:

Accessory Use

Adult Day-Care Center

Bed-and-Breakfast 1

[Added 3-18-2019 by Ord. No. 2019-45]

Bed-and-Breakfast 2

[Amended 3-18-2019 by Ord. No. 2019-45]

Cemetery

Congregate Care Facility

Dwelling, Single-Family

Dwelling, Two-Family

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Family

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Farm

Home Occupation

Horticulture

Municipal Facility

Nursing Home

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, CSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

B. Conditional uses. The following uses are permitted in the Residential Growth Area 2 as a conditional use under Article IV:

[Amended 12-21-2020 by Order No. 2020-153]

Business Office 2

Community Center

Day-Care Center

Dwelling, Multiple-Family

Home Day-Care Provider

Hospital

Medical Office

Neighborhood Grocery

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

C. Performance standards. The following performance standards apply in the Residential Growth Area 2:

(1) Minimum lot size: 10,000 square feet with sewer; 20,000 to 40,000 square feet without sewer. Lot size for nonsewered subdivisions with lot sizes less than 40,000 square feet: In order to reduce the potential impacts of phosphorus and nitrate groundwater pollution from untreated communal septic system effluent and septic system failure, the determination of lot sizes will be based on the following:

(a) Hydrological impact analysis. The applicant shall demonstrate the nitrate- and phosphorus-carrying capacity of the property through the completion of a high-intensity soil survey and subsurface wastewater disposal system exploration study. Specific information must be included that quantifies the levels of nitrates and phosphorus that leave the site. A certified soil scientist licensed in the State of Maine shall complete this work.

(b) Communal septic systems. It is recommended that unsewered lots less than 40,000 square feet in size be on a communal septic system, or any similar system that enables the project to be connected to sewer lines, if and when they are extended to the property.

(2) Dimension requirements:

(a) Minimum lot frontage: 75 feet for lots 10,000 square feet; 100 feet for lots 20,000 to 40,000 square feet.

(b) Yard setbacks:

[1] Front: 10 feet existing; 15 feet new.

[2] Rear: 10 feet existing; 15 feet new.

[3] Side: 10 feet existing; 15 feet new.

[4] The Code Enforcement Officer may reduce the setback requirements for existing structures to that of the average of adjacent properties, provided that no additional dwelling units are added.

(c) Maximum height: 35 feet and limited to 2 1/2 stories.

(3) Maximum footprint factor: 30%.

(4) Maximum gross density factor: 40%.

(5) Landscaping factor: 60%.

(6) Residential density factor: one dwelling unit per 10,000 square feet with sewer; one dwelling unit per 20,000 square feet to 40,000 square feet without sewer. Residential density factor for nonsewered subdivisions with a density greater than one unit per 40,000 square feet: In order to reduce the potential impacts of phosphorus and nitrate groundwater pollution from untreated communal septic system effluent and septic system failure, the determination of lot sizes will be based on the following:

(a) Hydrological impact analysis. The applicant shall demonstrate the nitrate- and phosphorus-carrying capacity of the property through the completion of a high-intensity soil survey and subsurface wastewater disposal system exploration study. Specific information must be included that quantifies the levels of nitrates and phosphorus that leave the site. A certified soil scientist licensed in the State of Maine shall complete this work.

(b) Communal septic systems. It is recommended that unsewered projects developed at less than 40,000 square feet in size be on a communal septic system, or any similar system that enables the project to be connected to sewer lines, if and when they are extended to the property.

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the lot lines.

(9) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(10) Odors. Odors must not exceed existing levels at the lot line.

(11) Screening. A plan for parking and screening is required for all uses other than dwellings, single- and two-family. Screening may include, but is not limited to, fencing or plantings.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

(13) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

§ 335-5.4 Residential Growth Area 3.

[Amended 3-7-2005; 11-17-2014]

The purpose of this more rural zone is to create a similar growth pattern with the Falmouth border. This zone also recognizes that public sewer is not likely to be extended in the near term. While the area is rural in character, there is not an abundance of farmlands. The cluster density incentives are designed preserve more open space, particularly around the Minnow Creek watershed. This zone is also designed to maintain the rural character along Duck Pond Road and Route 302.

A. Permitted uses. The following uses are permitted in the Residential Growth Area 3:

Accessory Use

Cemetery

Dwelling, Single-Family

Dwelling, Two-Family

Dwelling, Manufactured Housing

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Family

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Farm

Home Occupation

Horticulture

Municipal Facility

Neighborhood Grocery

Private Recreation Facility

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, CSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

B. Conditional use. The following uses are permitted in the Residential Growth Area 3 as a conditional use under Article IV:

Adult Day-Care Center

Community Center

Congregate Care

Day-Care Center

Home Day-Care Provider[1]

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

[1] Editor's Note: The former entry for "Nursing Home," which immediately followed, was repealed 5-15-2023 by Ord. No. 2023-53.

C. Performance standards: The following performance standards apply in the Residential Growth Area 3:

(1) Minimum lot size: 60,000 square feet for single lots; 20,000 square feet for subdivisions with cluster designs.

(2) Dimension requirements:

(a) Minimum lot frontage: 100 feet.

(b) Yard depths:

[1] Front: traditional 30 feet; cluster 15 feet.

[2] Rear: traditional 30 feet; cluster 15 feet.

[3] Side: traditional 20 feet; cluster 15 feet.

(c) Maximum height: 35 feet, and limited to 2 1/2 stories.

(3) Maximum footprint factor: 15%; 25% for cluster

(4) Maximum gross density factor: 25%; 40% for cluster

(5) Landscaping factor: 75%; 60% for cluster

(6) Residential density factor: one dwelling unit per 60,000 square feet for single lots; one dwelling unit per 40,000 square feet for cluster projects.

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the exterior limits of the building.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the exterior lot lines.

(11) Screening. A plan for parking and screening is required for all uses other than dwellings, single- and two-family and manufactured housing. Screening may include, but is not limited to, fencing or plantings.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

(13) Farm buffer. All newly created farms housing livestock, poultry, horses and other farm animals must be kept a minimum of 50 feet from an abutting residential development.

(14) No direct driveway access to Duck Pond or Mast Road shall be permitted for subdivided lots.

(15) All lots created through subdivision review shall maintain a twenty-five-foot buffer between the developed portion of the property and Duck Pond or Mast Road for any new development, preserved through appropriate legal mechanisms. Selective cutting of trees and vegetation within this strip is permitted, provided that a well distributed stand of trees and other vegetation is maintained. Clearing of trees and vegetation shall be permitted to provide access to lots for agricultural and timber harvesting purposes. Unless it can be shown that no other reasonable alternatives exist, this clearing shall be no wider than 250 feet of road frontage.

(16) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

§ 335-5.5 Prides Corner Smart Growth Area.

[Amended 3-7-2005; 11-14-2017]

The purpose of this "smart growth" area is to establish a growth pattern that is anti-sprawl in nature. The standards for this zone will be flexible, encouraging a mixture of residential uses, as well as limited commercial and industrial activity. It is the intent of this zone to follow the goals and objectives outlined in "The Great American Neighborhood — Westbrook Route 302 Public Charrette." The map, scheme A is referenced as part of the Zoning Map for the purpose of directing the pattern of development.

A. Permitted Uses.

Accessory Use

Automobile Repair

Banks Classes 1 and 2

Business Office

Dwelling, Single-Family

Dwelling, Two-Family

Dwelling, Multifamily

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Family

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Extended Care Facility, provided that the development is served by both public water and public sewer

[Added 5-15-2023 by Ord. No. 2023-53; amended 2-5-2024 by Ord. No. 2024-05]

Home Occupation

Light Manufacturing

Medical Office

Municipal Facility

Retail Classes 1, 2 and 3 (footprint limited to 20,000 square feet)

Service Business

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

B. Conditional uses. The following uses are permitted in the Prides Corner Smart Growth Areas as a conditional use, subject to the requirements of Article IV:

Child-Care Center

Club or Lodge

Community Center

Congregate Care Facility

Day-Care Center

Home Day-Care Provider

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

Theater

C. Performance standards. The following performance standards apply in the Pride's Corner Smart Growth Area:

(1) Minimum lot size: 5,000 square feet; 20,000 square feet without sewer

(2) Dimension requirements:

(a) Minimum lot frontage: 50 feet.

(b) Yard depths:

[1] Front: 10 feet.

[2] Rear: 10 feet.

[3] Side: eight feet.

(c) Maximum height: 50 feet.

(3) Maximum footprint factor: 40% (for entire zone; no restrictions per lot).

(4) Maximum gross density factor: 50% (for entire zone; no restrictions per lot).

(5) Residential density factor: one per 15,000 square feet (for all areas marked residential).

(6) Landscaping factor: 50% (for entire zone, no restrictions per lot).

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the exterior limits of the building.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the lot lines.

(11) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operation level of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

(13) The size of any retail building shall be limited to 20,000 square feet.

§ 335-5.6 Rural District.

[Amended 3-7-2005; 3-3-2014; 11-17-2014]

The purpose of the Rural District is to provide an area of rural quality consistent with the Comprehensive Plan. Standards permit clustering and focus on preserving open space and important vistas. The uses for the rural district are also more consistent with farm and low-density development.

A. Permitted uses. The following uses are permitted in the Rural District as a matter of right:

Accessory Use

Bed-and-Breakfast Class 1

Cemetery

Day-Care Center

Dwelling, Single-Family

Dwelling, Two-Family

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Family

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Farm

Golf Course

Home Occupation

Horticulture

Municipal Facility

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, CSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Telecommunications Facility

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

Veterinary Clinic

B. Conditional uses. The following uses are permitted in the Rural District as a conditional use under Article IV:

Adult Day Care

Campgrounds

Community Center

[Added 6-3-2024 by Ord. No. 2024-61]

Extractive Industry

Home Day-Care Provider

Neighborhood Grocery

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

Telecommunications Tower

C. Performance standards. The following performance standards apply in the Rural District as a conditional use, subject to the requirements of Article IV:

(1) Minimum lot size: 60,000 square feet; 20,000 square feet for subdivisions with cluster designs.

(2) Dimension requirements:

[Amended 3-18-2019 by Ord. No. 2019-45]

(a) Minimum lot frontage: cluster 100 feet; traditional 200 feet.

(b) Yard depths:

[1] Front: cluster 15 feet; traditional 30 feet.

[2] Rear: cluster 15 feet; traditional 30 feet.

[3] Side: cluster 15 feet; traditional 30 feet.

(c) Maximum height: 45 feet.

(3) Maximum footprint factor: 25%.

(4) Maximum gross density factor: 40%.

(5) Residential density factor: one dwelling unit per 40,000 square feet.

(6) Landscape factor: 60%

(7) Campgrounds. A campground application must be approved under site plan review and must be approved and licensed by the Maine Department of Health and Human Services.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(8) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond lot lines.

(9) Noise. Noise must not exceed existing levels at the lot lines.

(10) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(11) Odors. With the exception of agricultural application and practices, odors must not exceed existing levels beyond their lot lines.

(12) Screening. A plan for parking and screening may be required for all uses other than dwellings, single-family and two-family. Screening may include, but is not limited to, fencing or plantings.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(13) Storage of materials. All materials shall be stored in an enclosed structure so as to be screened from view.

(14) Vegetative setbacks for Methodist Road. All lots created through subdivision review shall retain a twenty-five-foot vegetative strip between the developed portion of the property and Methodist Road. Selective cutting of trees and vegetation within this strip is permitted, provided that a well-distributed stand of trees and other vegetation is maintained. Clearing of trees and vegetation shall be permitted to provide access to lots for agricultural and timber harvesting purposes. Unless it can be shown that no other reasonable alternatives exist, this clearing shall be no wider than 250 feet of road frontage.

(15) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

D. Telecommunications facilities and towers. For provisions concerning telecommunications facilities, see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.

§ 335-5.7 Highway Services District.

[Amended 3-7-2005; 11-17-2014]

The Highway Services District is comprised of the small commercial/retail areas located in the following areas: Methodist and Duck Pond Road neighborhood; Pride's Corner Center; Spring Street at the City line; and small individual sites along Pride Street. The standards are meant to be flexible, but geared to improve appearance and reduce sprawl in these important mixed-use gateway centers.

A. Permitted uses. The following uses are permitted in the Highway Services District as a matter of right:

[Amended 4-4-2022 by Ord. No. 2022-38]

Accessory Use

Business Office

Car Wash

Child-Care Center

Day-Care Center

Dwelling Unit, Multifamily, provided that the development is served by both public sewer and public water

Education Facility

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Extended Care Facility, provided that the development is served by both public water and public sewer

[Added 5-15-2023 by Ord. No. 2023-53; amended 2-5-2024 by Ord. No. 2024-05]

Horticulture

Media Studio Class 1 and 2

Medical Office

Municipal Facility

Neighborhood Grocery

Private Indoor Recreation Facility

Restaurant Classes 1 and 2

Retail Classes 1, 2, 3

Service Business

Short-Term Care Facility, provided that the development is served by both public water and public sewer

[Added 5-15-2023 by Ord. No. 2023-53]

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

Veterinary Clinic

[Amended 3-18-2019 by Ord. No. 2019-41]

B. Conditional use. The following uses are permitted in the Highway Services District as a conditional use under Article IV:

Boarding Kennel

[Added 3-18-2019 by Ord. No. 2019-41]

Club or Lodge

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

Retail Class 4

C. Performance standards. The following performance standards apply to the Highway Services District:

(1) Minimum lot size: 15,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 100 feet.

(b) Yard depth:

[1] Front: 30 feet.

[2] Rear: 30 feet.

[3] Side: 30 feet.

(c) Maximum height: 40 feet, or three stories.

(3) Maximum footprint factor: 40%.

(4) Maximum gross density factor: 75%.

(5) Landscaping factor: 25%.

(6) Residential density factor:

[Added 4-2-2022 by Ord. No. 2022-38[1]]

(a) One dwelling unit per 2,500 square feet.

[1] Editor's Note: This Order also renumbered the remaining subsections as Subsection C(7) through (14), respectively.

(7) Noise. Noise must not exceed existing levels at the lot lines.

(8) Odors. Odors must not exceed existing levels at the lot lines.

(9) Hazardous matter. The emission of hazardous matter must be so controlled that no concentration is permitted beyond the building limits that would be detrimental to or endanger the public health or cause damage or injury to property. No storage of hazardous matter is permitted, except that used exclusively for ongoing production purposes.

(10) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(11) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond zone lines.

(12) [2]Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

[2] Editor's Note: Former Subsection C(12), regarding traffic impact, was repealed 2-5-2024 by Ord. No. 2024-03. This order also renumbered former Subsection C(13) through (15) as Subsection C(12) through (14), respectively.

(13) Installation of utilities. All electric, telephone, and similar lines must be placed underground from the street connection to the building, where possible. In the case of commercial park developments, the use of underground utilities is also encouraged for streets within the development.

(14) Multiple-family dwelling design requirements.

[Added 4-2-2022 by Ord. No. 2022-38]

(a) Building elevations shall be reviewed and approved by the Planning Board during site/subdivision review. Architectural elements shall be provided in the exterior design to provide visual interest, vertical and horizontal elements to break up building mass and color variation are considerations for the Board to base its approval or denial on.

(b) Projects with multiple buildings shall provide diversity in architectural aesthetics, treatments and fenestrations as they relate to windows, doors, rooflines, material, color and exterior lighting. Building elevations shall be reviewed and approved by the Planning Board during site/subdivision review to demonstrate building variation.

§ 335-5.8 (Reserved) [1]

[1] Editor's Note: Original Sec. 308, Business/Professional Office District, amended 11-17-2014, was repealed 3-18-2019 by Ord. No. 2019-37.

§ 335-5.9 Gateway Commercial District.

[Amended 3-7-2005; 10-1-2012; 7-1-2013; 1-6-2014; 3-3-2014; 6-23-2014; 11-17-2014]

This district is designed to provide for a regional retail center that takes advantage of major transportation linkages. The use of land in this zone is to be maximized, but according to a set of standards as part of the community's gateway planning. The 2012 Comprehensive Plan encourages a mix of uses on consolidated lots and a uniform building line along Main Street.

A. Permitted uses. The following uses are permitted in the Gateway Commercial District as a matter of right:

Accessory Use

Adult Day Care

[Added 3-18-2019 by Ord. No. 2019-42]

Artisan Food and Beverage

[Added 3-18-2019 by Ord. No. 2019-40]

Automobile Dealership

Automobile Repair Service

[Amended 3-18-2019 by Ord. No. 2019-40]

Bank Class 2

Business Office

Business Office 2

[Added 3-18-2019 by Ord. No. 2019-42]

Child-Care Center

Convention Center

[Added 3-18-2019 by Ord. No. 2019-42]

Day-Care Center

Education Facility

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Extended Care Facility

[Added 5-15-2023 by Ord. No. 2023-53; amended 2-5-2024 by Ord. No. 2024-05]

Horticulture

Hospital

[Added 5-3-2021 by Order No. 2021-33]

Hotel

[Amended 3-18-2019 by Ord. No. 2019-42]

Industry

Library

[Added 3-18-2019 by Ord. No. 2019-42]

Media Studio Classes 1 and 2

Medical/Diagnostic Center

[Added 5-3-2021 by Order No. 2021-33]

Medical Office

Municipal Facility

Museum

[Added 3-18-2019 by Ord. No. 2019-42]

Neighborhood Grocery

Parking Facility

[Added 3-18-2019 by Ord. No. 2019-42]

Private Recreation Facility

Research and Development

[Added 3-18-2019 by Ord. No. 2019-42]

Restaurant Class 2

Retail Classes 1, 2, 3 and 4

[Amended 3-18-2019 by Ord. No. 2019-42]

Service Business

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Telecommunication Facilities

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

Veterinary Clinic

[Amended 3-18-2019 by Ord. No. 2019-41]

Vocational Education Facility

B. Conditional use. The following uses are permitted in the Gateway Commercial District as conditional uses under Article IV:

Bank Class 1

Boarding Kennel

[Added 3-18-2019 by Ord. No. 2019-41]

Dwelling, Multiple-Family

Medical Marijuana Dispensary (see Article II, General Provisions)

[Added 2-5-2018 by Ord. No. 2018-07]

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

Restaurant Class 1

Restaurant Class 3

[Added 3-6-2023 by Ord. No. 2023-27]

Theater

C. Performance standards. The following performance standards apply in the Gateway Commercial District:

(1) Minimum lot size: 20,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 100 feet.

(b) Yard depth:

[1] Front: 20 feet.

[2] Rear: 20 feet.

[3] Side: 20 feet.

(c) Maximum height: 50 feet and four stories.

(d) Maximum footprint: 160,000 square feet. (Maximum footprint of any single building.)

(3) Maximum footprint factor: 50%.

(4) Maximum gross density factor: 75%.

(5) Landscape factor: 25%.

(6) Residential density factor: one dwelling unit per 2,500 square feet.

(7) Noise. Noise must be confined to the existing levels at the walls of the building on the site.

(8) Odors. Odors must be limited to existing levels at the exterior of the building.

(9) Hazardous matter. The emission of hazardous matter must be so controlled that no concentration is permitted beyond the building limits that would be detrimental to or endanger the public health or cause damage to property. No storage of hazardous matter is permitted, except that used exclusively for ongoing production purposes.

(10) Vibrations. Must not exceed existing levels at the exterior of the building.

(11) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond the lot lines.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

(13) Installation of utilities. All electric, telephone, and similar lines must be placed underground.

(14) Buffer zones. Where a business or industry abuts a residential use, a fifty-foot buffer zone must be maintained between the building and the lot line of the residential use.

(15) Gateway standards.

(a) Purpose. In 2000, the cities of Portland and Westbrook worked jointly to develop a gateway plan for the entrances of our communities along the Brighton Avenue corridor. The Brighton Avenue/Main Street Corridor Traffic and Streetscape Study identifies a number of safety and appearance improvements to the corridor, intended to provide a safer and more pleasing experience for the driver and pedestrian as they move through the corridor. This should, over time, increase property values in this corridor, creating an incentive for further investment.

(b) Improvement standards. When there is new construction (i.e., an addition or new building), or when more than 20% of a property's activity or use changes, the owners are required to submit an application for site plan review, demonstrating how the following performance standards are to be met:

[1] Landscaping. Twenty-five percent of the entire site shall be landscaped, leaving 75% for building and paved areas. The landscape plan shall incorporate all plantings within the site such that pavement viewshed is reduced and shaded, storage and loading areas screened, vehicle entry areas decorated/landscaped, and the general harshness of pavement and building reduced. When it can be satisfactorily demonstrated to the Planning Board that it would be overly burdensome to fulfill this requirement due to site constraints or the unique nature of the use of the property, then the applicant shall pay a fee in lieu of providing the full on-site landscaping requirement. In no event shall an applicant be allowed to eliminate the full landscaping requirement through payment of the fee. The funds must be used in the study area in a manner consistent with the Brighton Avenue/Main Street Corridor Traffic and Streetscape Study, to provide landscaping and other streetscape improvements. The fee in lieu of landscaping is calculated as set forth in the City's Master Fee Schedule, which may be updated from time to time.

[2] Pedestrian movement. The site must provide for a system of pedestrianways that are protected and safe from vehicular movement. The system must connect the major building entrances/exits with parking areas. The system should connect with existing sidewalks in the area, bus stops, and with any other area amenities.

[3] Curbing and esplanades. Curbing and esplanades shall be used to define parking and driveway areas. Curbing may also be used around building entrances and other pedestrian-oriented areas such that the pedestrian is clearly separated from the vehicular movement. Granite curbing shall be used at all intersections with a public street and is encouraged for use through the remainder of the project.

[4] Vehicle channelization. The layout of any site must provide for the safe movement of passenger, service, and emergency vehicles in an organized and defined fashion.

[5] Lighting. A lighting plan shall be developed for the site that provides for consistent treatment throughout the site. All lighting shall be of the cutoff luminaire style, such that light is shielded and directed down. No light shall spill beyond the property lines. Ornamental light poles and fixtures shall be located along the Main Street frontage.

[6] Signage and condition. In addition to meeting the requirements of Article X, Signs, the owner may be required to improve the existing signs when they are in poor condition. Examples of poor condition can include broken lights, broken lens covers, faded paint or colors, or broken connections of sign to building.

[7] Loading and storage areas. All loading and storage areas shall be screened from view from the street and abutters. Screening can include fencing, walls, or vegetation and shall block the loading and storage area from view.

(16) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

D. Telecommunications facilities. No new telecommunications towers are allowed. Co-location of telecommunications facilities is allowed on existing towers, provided that they comply to the provisions in Article II. For provisions concerning telecommunications facilities, see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.

§ 335-5.10 Industrial Park District.

[Amended 6-3-2013; 7-1-2013; 3-3-2014; 11-17-2014; 4-6-2015; 9-14-2015]

The Industrial Park District includes the City's largest developed industrial parks. Some of these existing facilities are in need of upgrade, while others have the capacity to expand. Setback and lot standards have been relaxed to encourage such investment.

A. Permitted uses. The following uses are permitted in the Industrial Park District as a matter at right:

Accessory Use

Artisan Food and Beverage

[Added 3-18-2019 by Ord. No. 2019-40]

Bottle Club

Business Office

Education Facility

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Greenhouse

Industry

Media Studio Class 1

Media Studio Class 2

Medical Office

[Added 3-18-2019 by Ord. No. 2019-45]

Municipal Facility

Neighborhood Grocery

Private Indoor Recreation Facility

Solar Energy System, ACSES

[Added 8-2-2021 by Order No. 2021-73]

Solar Energy System, RSES

[Added 8-2-2021 by Order No. 2021-73]

Telecommunications Facility

Utilities

[Added 9-12-2022 by Ord. No. 2022-105]

Veterinary Clinic

[Added 3-18-2019 by Ord. No. 2019-41]

Vocational Education Facility

Warehousing

B. Conditional uses. The following uses are permitted in the Industrial Park District as conditional uses under Article IV:

Boarding Kennel

[Added 3-18-2019 by Ord. No. 2019-41]

Child-Care Center

Club or Lodge

Extractive Industry

Medical Marijuana Caregiver Cultivation Facility (see Article II, General Provisions)

[Added 2-5-2018 by Ord. No. 2018-07]

Place of Worship

[Amended 6-3-2024 by Ord. No. 2024-61]

Research and Development

[Added 3-18-2019 by Ord. No. 2019-45]

Telecommunications Tower

Theater

C. Performance standards. The following performance standards apply in the Industrial Park District:

(1) Minimum lot size: 20,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 200 feet.

(b) Yard depths:

[1] Front: 40 feet.

[2] Rear: 30 feet.

[3] Side: 30 feet.

(c) Maximum height: None.

(3) Maximum footprint factor: 50%.

(4) Maximum gross density factor: 80%.

(5) Landscape factor: 20%.

(6) Noise. Noise must not exceed existing levels at the zone lines.

(7) Odors. Odors must not exceed existing levels at the zone lines. Wood pulping and similar processes are a prohibited use.

(8) Hazardous matter. The emission of hazardous matter must be so controlled that no concentration is permitted beyond the building limits that would be detrimental to or endanger the public health or cause damage or injury to property. No storage of hazardous matter is permitted, except that used exclusively for ongoing production purposes.

(9) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(10) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond lot lines.

(11) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

D. Telecommunications facilities and towers. For provisions concerning telecommunications facilities, see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.

§ 335-5.11 Manufacturing District.

[Amended 10-15-2012; 3-3-2014; 11-17-2014; 9-14-2015]

This district is located south of the Stroudwater River, north of the electric transmission power line easement, and between Saco Street and Spring Street. Performance standards for uses in this district are designed to maintain compatibility between differing uses. All uses and activities must be conducted within the principal building. Such uses are capable of operating in a manner that controls the external effects of the manufacturing process, such as sound, odors, vibrations, emissions, dust, glare, or other nuisance characteristics, through prevention or mitigation devices, and of conducting operations, within the confines of buildings.

A. Permitted uses. The following uses are permitted in the Manufacturing District as a matter of right. For the purpose of the Manufacturing District, the following operations shall not be considered Light Manufacturing or Industry and are thereby prohibited: asphalt plants, commercial petroleum storage yards, extraction and processing of raw geologic materials, mining and drilling operations and refining of petroleum (or its products — including tar distillation).

[Amended 3-18-2019 by Ord. No. 2019-45; 8-2-2021 by Order No. 2021-73; 9-12-2022 by Ord. No. 2022-105]

Accessory Use

Business Office

Commercial Service Business

Emergency Shelter - Accessory

[Added 6-3-2024 by Ord. No. 2024-61]

Emergency Shelter - Transitional Housing

[Added 6-3-2024 by Ord. No. 2024-61]

Greenhouse

Industry

Light Manufacturing

Municipal Facility

Neighborhood Grocery

Private Indoor Recreation Facility

Research and Development

Solar Energy System, ACSES

Solar Energy System, RSES

Telecommunications Facility

Utilities

Vocational Education Facility

Warehousing

B. Conditional use. The following uses are permitted in the Manufacturing District as a conditional use under Article IV:

[Amended 9-12-2022 by Ord. No. 2022-105; 6-3-2024 by Ord. No. 2024-61]

Child-Care Center

Place of Worship

Telecommunications Tower

C. (Reserved)[1]

[1] Editor's Note: Former Subsection C, Prohibited uses, was repealed 9-12-2022 by Ord. No. 2022-105.

D. Performance standards. The following performance standards apply in the Manufacturing District:

(1) Minimum lot size: 20,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 200 feet.

(b) Yard depths:

[1] Front: 40 feet.

[2] Rear: 30 feet.

[3] Side: 30 feet.

(c) Maximum height: 75 feet and up to five stories. Maximum height shall include mechanical equipment and architectural detail.

(3) Maximum footprint factor: 50%.

(4) Maximum gross density factor: 80%.

(5) Landscape factor: 20%.

(6) Storage. Outdoor storage must be screened from view of public ways.

(7) Maximum permissible sound levels. The maximum permissible sound level of any continuous, regular, frequent, or other sound typically produced by the use shall not exceed the following: 70 dBa beyond the walls of the building between the hours of 7:00 a.m. and 10:00 p.m. and 60 dBa beyond the walls of the building between the hours of 10:00 p.m. and 7:00 a.m. Exemptions:

(a) Noises created by construction and maintenance activities between 7:00 a.m. and 10:00 p.m. are exempt from the maximum permissible sound levels set forth in this section.

(b) The following uses and activities shall also be exempt from the requirements of this section:

[1] The noises of safety signals, warning devices, emergency pressure relief valves, and any other emergency devices.

[2] Traffic noise on public roads or noise created by airplanes and railroads.

[3] Noise created by refuse and solid waste collection, provided that the activity is conducted between 5:00 a.m. and 10:00 p.m.

[4] Emergency construction or repair work by utilities at any hour.

(8) Odors. Odors must not exceed existing levels at the zone lines. Wood pulping and similar processes are a prohibited use. Odors generated by the use must not leave the lot line.

(9) Hazardous matter. The emission of hazardous matter must be so controlled that no amount generated by the use is permitted beyond the building. Storage of hazardous matter is prohibited, except that used exclusively for ongoing production purposes.

(10) Vibrations. Vibrations inherently and recurrently generated shall be imperceptible with and without instruments beyond the required building setback lines.

(11) Glare. All outdoor lighting must be of the full cut off luminaire variety and the light source must not be visible at the lot line.

(12) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety along the lot frontage and at the nearest intersection in both directions.

(13) Accessory use. Accessory uses shall be under the same ownership or control as the permitted primary use. No accessory use shall be established until the primary permitted use is established and operating. If the primary use ceases operations for 12 months, then the accessory retail use shall cease operations.

[Added 3-18-2019 by Ord. No. 2019-45]

(a) Limited retail uses. Retail may be allowed as an accessory use if the Code Enforcement Officer determines that the following conditions are met:

[1] The retail use would not exceed 15% of the gross floor area of any building. Any storage directly associated with the retail use shall be included in this allowable area.

[2] The proposed retail use would be located within the same building as the allowed primary use to which it is accessory.

E. Extractive industry. This subsection governs extractive industry in the Manufacturing District.

(1) Purpose. The purpose of this subsection is to incorporate as part of the City's Land Use Ordinance the performance and use standards agreed to by the City, Pike, and IDEXX, following the completion of applicable procedures, in accordance with Paragraph 38 of Pike Industries Inc. v. City of Westbrook, 2012 ME 78 (June 14, 2012). The performance standards apply to the operation of the thirty-two-acre existing hard rock quarry located at 645 Spring Street (the "Spring Street Quarry") delineated as Tax Map 5, Lot 11 and Tax Map 5B, Lot 3. The existing quarry is located easterly of Clarke Brook. The operations of the Spring Street Quarry include blasting, rock storage, rock crushing and the transport of the product.

(2) Performance and use standards. These performance and use standards are meant to control over any different, conflicting, or additional performance and use standards or other limitations contained in the Code of the City of Westbrook, including the provisions of Council Order 2010-14 (June 7, 2010) amending nonconforming use standards for extractive industry. The following performance and use standards, and no others, apply to the Spring Street Quarry:

(a) Hours of operation. The Code Enforcement Officer may approve operations outside these hours for emergencies, such as the need to repair a public utility or a public right-of-way as a result of a severe weather event.

[1] Trucking: 7:00 a.m. to 5:00 p.m. weekdays and 7:00 a.m. to 12:00 noon on Saturdays.

[2] Weekdays only for blasting and crushing. Blasting: 10:00 a.m. to 3:00 p.m.; crushing: 7:00 a.m. to 6:00 p.m. No operations on Sundays or federal holidays.

(b) Blasting. No more than eight production blasts may be conducted per calendar year. In addition to production blasts, safety blasts limited to no more than 1,000 pounds of explosive materials per blast may be conducted if necessary to maintain the safe operation of the quarry, but not for the purpose of producing rock for crushing or commercial sale. Except in the case of a safety emergency, safety blasts shall be conducted on one or more of the days when production blasts are conducted.

(c) Truck traffic. Trucking may not exceed an average of 45 daily truck departures and may not exceed a peak limit of 105 truck departures in any single day. The average daily truck departures will be determined by dividing the total number of annual truck departures by the total number of annual operating days, to be reconciled on an annual basis. A "truck departure" is defined as any instance in which a loaded truck, containing material for sale or commercial processing, other than a pickup truck or a service vehicle truck leaves the quarry. An "operating day" is defined as any day quarrying activities occur at the quarry. For the purposes of calculating the average daily truck departures, the total number of annual operating days is to be calculated as follows:

[1] From April 1 through December 1 of any year (the "operating season"), an "operating day" is defined as any day on which quarrying activities occur at the quarry;

[2] Saturdays on which the operator conducts quarrying activities will count as half of one operating day in calculating average daily truck traffic; and

[3] Outside of the operating season, only those days on which the operator has 10 or more truck departures will count as an operating day for the purposes of calculating the average daily truck departures.

(d) Insurance. Maintain a minimum of $10 million in insurance coverage in aggregate for blasting.

(e) Buffers, berms, and fencing. Maintain the existing visual buffer between the quarry and abutting properties and streets or a substantially equivalent visual buffer, as approved by the Code Enforcement Officer.

[1] In addition:

[a] Maintain a perimeter security fence around the quarry;

[b] Maintain a minimum ten-foot-high vegetative buffer facing County Road;

[c] Maintain the existing twenty-foot-wide vegetative buffer along the Central Maine Power right-of-way;

[d] Maintain berms with evergreen plantings, slatted fencing, and other approved buffers;

[e] Maintain the approved visual screening of the quarry operations from all public streets;

[f] Retain to the maximum extent possible the existing natural buffer between Spring Street and the quarry access road with a minimum width of 50 feet; and

[g] Maintain the twenty-five-foot-wide berm with evergreen plantings with a minimum height of 10 feet on the quarry side of the quarry access road.

[2] Any revisions to any of these conditions must be reviewed by the Code Enforcement Officer to determine that they are substantially equivalent to the approved conditions.

(f) Unitrode site. Not work the quarry below the water table except in accordance with the monitoring plan developed by Sevee and Maher Engineers, Inc., and approved in advance by the City Engineer after consultation with the Maine Department of Environmental Protection's Mining Coordinator and Unitrode Project Coordinator.

(g) Blast monitoring. Use third-party blast planning and monitoring and provide annual reports to the City to document blasting within the preceding 12 months. Video record all blast activities and maintain such records for a period of one year. These records will be provided upon request to the City.

(h) Seismograph monitors. Provide off-site seismic monitors to all requesting property owners within 1/2 mile, to be monitored by a third party, to the extent such monitoring is not duplicative in the judgment of a third party providing such monitoring. Monitoring reports shall be kept for three years and shall be made available to the property owners and the City within 10 days of each blast.

(i) Preblast surveys. Provide one third-party preblast survey to each requesting home or business within 1/2 mile radius of the quarry. Copies of the surveys shall be kept until blasting at the quarry has been completed, plus one year.

(j) Weather conditions. Blast only during weather conditions which are favorable to mitigating off-site impacts, e.g., noise and dust.

(k) Inspection and repair. Develop, in conjunction with the City, a process through which an independent third party will inspect claims of property damage that are raised by neighboring property owners. If any damage is determined, based on the independent review, to have been proximately caused by blasting, provide reasonable compensation for necessary repairs, as recommended by an independent third party.

(l) Blast call list. Maintain and use a blast call list for any property owner within 1/2 mile of the quarry who requests inclusion on the blast call list. Property owners on the blast call list shall be notified not less than 24 hours before any scheduled production blast and telephoned or emailed, as the property owner has specified, not less than one hour before the actual production blast. In addition, production blasts shall be scheduled not less than two weeks in advance and notice of the blasts shall be provided on the City's website. Those property owners who prefer may request their notice to be sent by U.S. mail.

(m) Access road and entrance. Maintain the existing paved access road below the grade of Spring Street and maintain the existing entrance onto Spring Street. Once the quarry has been in operation for at least six months, the quarry owner shall meet with the City and neighbors of the quarry in a public session to discuss the design of additional left-hand and right-hand turn lanes in Spring Street at its intersection with the new access road entrance to address traffic coming from or headed to County Road. No later than 12 months thereafter, the quarry owner shall commence construction of any required turn lanes and shall prosecute the same diligently to completion, provided the City shall use its reasonable, lawful authority, if necessary, to acquire any needed additional right-of-way width(s) and/or governmental approvals to accommodate the same; provided, further, the quarry owner shall reimburse the City for any reasonable expenses incurred and for the final fair market value of any real property interests it may have to acquire.

(n) Vibration. Utilize electronic (digital) detonators for all blasts to reduce the off-site effects of blasting activities; not exceed a maximum of 0.50 inch per second peak particle velocity for blast vibrations as measured by any seismograph located under the provisions of Subsection E(2)(h) and 0.25 inch per second peak particle velocity for blast vibrations as measured at a baseline seismograph located at 2 Ledgeview Drive, Westbrook (City Tax Map 002-000-101); utilize laser profiling and borehole tracking as part of blast design and implementation to improve the effectiveness of drilling activities and to reduce the risk of fly rock from blasting activities; utilize a blast face profiler to reduce impacts of air blasts.

(o) Noise. Limit noise levels for all blasting so as not to exceed 129 dBA, measured in accordance with Maine Department of Environmental Protection regulations Chapter 375, Section 10C(4), for one blast per day; 126 dBA for two blasts per day; 124 dBA for three blasts per day; 123 dBA for four blasts per day; limit daily operational noise levels for extractive industry so as not to exceed 75 dBA as measured at the property lines of the parcels on which the quarry is located; use synthetic screens, urethane liners in crushers, or their substantial equivalents to reduce noise levels associated with crushing and screening; limit on-site speeds to no more than 10 miles per hour; to the extent permitted by state and federal laws and regulations, minimize the volume of sound resulting from required sensors on on-site equipment through the use of sonar and similar alarm systems.

(p) Dust. Not allow dust to migrate beyond the property line and take the following measures: enclose the producing areas of crushers so as to reduce the dust and noise generated by the crushing activity; pave the first 500 feet of any entrance from a publicly utilized right-of-way and install wheel washers in order to reduce off-site dust from vehicles leaving the unpaved area of the quarry; incorporate pre- and post-blast water mitigation to reduce the presence of dust created during blasting activities; utilize a vacuum sweeper and water truck, as needed, on all internal roads to reduce the presence of dust created during quarrying operations; utilize water fog nozzles as needed at all materials transfer points and stockpiles of quarried materials to reduce the level of dust created by quarrying operations; utilize two-sided truck trimming racks to ensure material is removed from the sides of trucks prior to the vehicles leaving the site; require load covers for trucks transporting material from the quarry operation.

(q) Spillage. Perform a daily inspection of truck routes to remove any spillage of gravel, crushed stone, product, or debris from trucks leaving the quarry from the entrance to Spring Street up to and including the intersection of Spring Street and County Road and the intersection of Eisenhower Drive and Spring Street and shall provide cell phone contact numbers to requesting residents and to City officials so that the quarry owner may promptly respond to any request to remove any spillage from trucks leaving the quarry. Respond with cleanup activities immediately upon notification.

(r) Community. Meet at least annually with a neighborhood working group constituted by the City, review relevant records with this group, and review and discuss compliance with the performance and use standards. The operator will send a responsible management representative and provide records reasonably related to compliance with the conditions. The operator will submit all of its business records as are reasonably related to compliance no less than quarterly to be kept on file at City Hall, provided that the operator may request that certain business records be kept confidential by the City to avoid compromising the operator's legitimate business interests. The initial meeting of the neighborhood working group shall be called by the City, but at that first meeting, the neighborhood working group shall assume control over all aspects of the group, both substantive and procedural, and shall open the group's membership to all persons or firms as it deems appropriate. The City and its officials thereafter shall serve only as a resource for the working group and, upon reasonable advance notice, shall provide for public meeting space for the group; provided, at a minimum, the City Council ward representative for this area of the City, or his/her designee, shall attend such meetings if so requested; provided further, subject to and consistent with Section 59 of the Consent Order, the working group may call for an audit if the group believes there is a substantial issue of noncompliance with the performance standards of this section.

(s) Compliance audits. The City may initiate an audit of extractive industry operations to determine compliance with the performance and use standards in this section to be performed by an independent third party engaged by the City. The auditor shall provide the operator with not less than two working days' advance notice of any site visit and shall conduct any such visit during normal business hours. Not more than one audit may be performed in any twelve-month period. The results of the audit shall be made available to the operator. These compliance audits shall be separate from and not a limitation upon inspections by the Code Enforcement Officer.

(t) The quarry owner shall comply with the reclamation plan submitted to the City. Any amendments to the reclamation plan shall receive the prior approval of the City Engineer pursuant to the then-current requirements of the Department of Environmental Protection.

F. Telecommunications facilities and towers. For provisions concerning telecommunications facilities, see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.