A.
Purpose. The purposes of the Residential A District
are to provide areas for medium-density residential development that
are or can readily be served by the public water and sanitary sewer
systems and to provide areas for concentrations of residential development
within the rural portions of the Town along major transportation routes.
Nonresidential uses should be limited to agricultural uses, forestry
uses, low-intensity noncommercial recreational uses and public uses.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
(1)
Agriculture, limited to the raising of crops and plants
out of doors.
(2)
Cemetery having an area less than 20,000 square feet
and containing no buildings.
(4)
Dwelling, two-family.
(7)
Livestock,
domestic (large), limited to lots with a minimum lot size of five
acres.
[Added 6-9-2015]
(8)
Poultry,
domestic (small), all lots, except lots less than 10,000 square feet
in area shall be limited to no more than five fowl.
[Added 6-9-2015]
(9)
Poultry,
domestic (large), limited to lots with a minimum lot size of five
acres.
[Added 6-9-2015]
(10)
Recreation, passive.
(11)
Timber harvesting.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
[Amended 4-18-1995; 4-26-1996; 6-8-2010]
(1)
Animal husbandry on lots larger than 25 acres.
(2)
Cemetery larger than 20,000 square feet in area.
(3)
Church.
(4)
Congregate
care facility.
(5)
Day-care home.
(6)
Elderly housing.
(7)
Housing, congregate.
(8)
Life care facility.
(9)
Medical care facility, excluding hospitals.
(10)
Municipal facility.
(11)
Museum not exceeding 5,000 square feet in floor
area.
(12)
Nursing home.
(13)
Public utility facility.
(14)
Recreation, active.
(15)
Recreation, low-intensity commercial.
(16)
School, public and private.
(17)
School, vocational-technical served by public
water and sewer and located west of Route 1, north of Buzzel Road,
east of the turnpike and south of Route 109.
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are accessory uses.
F.
Dimensional requirements.
(1)
Minimum lot size: 20,000 square feet of net area if
served by public sewer; 40,000 square feet of net area if not served
by public sewer or if located west of the Maine Turnpike.
(3)
Maximum lot coverage: 40% (20% within the Shoreland
Overlay District) or 2,000 square feet, whichever is greater.
(4)
Minimum street frontage per lot served by public sewer:
100 feet or 75 feet if entirely on a cul-de-sac.
(5)
Minimum street frontage per lot not served by public
sewer or per lot located west of the Maine Turnpike: 125 feet or 100
feet if entirely on a cul-de-sac.
(7)
Setbacks.
(b)
All structures and parking lots shall be at
least 200 feet from the high-water line of the Merriland River, the
Webhannet River and the Ogunquit River.
(c)
All structures and areas of land used for animal
husbandry shall be located at least 100 feet from any lot line.
|
Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, 145-48, Multifamily developments, 145-49, Residential cluster development, and 145-54, Affordable housing.
|
A.
Purpose. The purpose of the Residential B District
is to retain the family resort character of Wells Beach and Moody
Beach by ensuring that future development is similar to the existing
development in style and scale. Nonresidential uses should be limited
to noncommercial recreational uses and public uses.
B.
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are accessory uses.
F.
Dimensional requirements.
(1)
Minimum lot size: 5,000 square feet of net area.
(2)
Maximum density: one dwelling unit for each 5,000
square feet of net area.
(3)
Minimum street frontage per lot: 50 feet.
(4)
Maximum lot coverage: 60% (40% within the Shoreland
Overlay District) or 2,000 square feet, whichever is greater.
A.
Purpose. The purpose of the Residential D District
is to retain the family resort character of Drakes Island by ensuring
that future development is similar to the existing development in
style and scale. Nonresidential uses should be limited to noncommercial
recreational uses and public uses.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are accessory uses.
F.
Dimensional requirements:
A.
Purpose. The purpose of the Residential-Commercial
District is to provide areas for the economic use of older residential
areas along highways while preserving the character and architectural
scale of the areas.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
(1)
Agriculture, limited to the raising of crops and plants
out of doors.
(2)
Cemetery having an area less than 20,000 square feet
and containing no buildings.
(4)
Dwelling, two-family.
(7)
Livestock,
domestic (large), limited to lots with a minimum lot size of five
acres.
[Added 6-9-2015]
(8)
Poultry,
domestic (small), all lots, except lots less than 10,000 square feet
in area shall be limited to no more than five fowl.
[Added 6-9-2015]
(9)
Poultry,
domestic (large), limited to lots with a minimum lot size of five
acres.
[Added 6-9-2015]
(10)
Recreation, passive.
(11)
Timber harvesting.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
(1)
Bank.
(2)
Bed-and-breakfast/small inn.
(3)
Business, contractor.
(4)
Business, office.
(5)
Business, personal service.
(6)
Business, retail, including the manufacturing of any
goods offered for sale on the premises.
[Amended 11-7-2000]
(7)
Business, service.
(8)
Business, wholesale.
(9)
Cemetery larger than 20,000 square feet in area.
(10)
Church.
(11)
Club.
(13)
Day-care home.
(14)
Day-care center/nursery school.
(15)
Drug abuse shelter. (Note: A drug abuse shelter will only be
permitted on a lot within this district which lot either has frontage
along Route One, or is located within 150 feet of Route One.)
[Added 6-14-2011[3]]
(16)
Elderly housing.
(17)
Freestanding residential detoxification program. (Note: A freestanding
residential detoxification program facility will only be permitted
on a lot within this district which lot either has frontage along
Route One, or is located within 150 feet of Route One.)
[Added 6-14-2011]
(18)
Function hall without commercial-type cooking
facilities.
(20)
Medical care facility, excluding hospitals.
(21)
Municipal facility.
(22)
Museum.
(23)
Neighborhood convenience store, excluding sale
of motor vehicle fuels and including a restaurant area not exceeding
15 seats.
(24)
Nursing home.
(25)
Private non-medical institution (PNMI).
[Added 6-14-2011]
(26)
Public utility facility.
(27)
Recreation, active.
(29)
[6]Restaurant, standard, containing 36 seats or fewer and
located west of Route 1 and east of the turnpike on Route 109.
[6]
Editor's Note: Former Subsection C(29), Registered marijuana
dispensary, added 6-14-2011, was repealed 6-13-2023. This ordinance also redesignated former Subsection C(30)
through (32) as Subsection C(29) through (31).
(30)
[7]
Editor's Note: Former Subsection C(31), Stand-alone registered
marijuana dispensary, added 6-14-2011, which immediately followed, was repealed 6-13-2023.
[8]
Editor’s Note: Former Subsection C(33), Seasonal cottage
complex, added 4-12-2003, which immediately followed, was repealed
11-5-2013. This ordinance also redesignated former Subsection C(34)
as Subsection C(32).
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are accessory uses.
F.
Dimensional requirements:
(1)
Minimum lot size: 20,000 square feet of net area if
served by public sewer; 40,000 square feet of net area if not served
by public sewer.
(2)
Maximum density:
(a)
One dwelling unit for each 20,000 square feet
of net area if served by public sewer.
(b)
One dwelling unit for each 40,000 square feet
of net area if not served by public sewer.
(c)
Four housekeeping cottages or seasonal cottages
per acre of net area.
[9]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
(3)
Minimum street frontage per lot: 100 feet.
(4)
Maximum lot coverage: 60% (20% within the Shoreland
Overlay District) or 2,500 square feet, whichever is greater.
(6)
Setbacks. All structures shall be located at least:
(a)
Fifteen feet from any lot line.
(b)
Twenty-five feet from the boundary of any cemetery.
(c)
Twenty-five feet from any lot line abutting
any street right-of-way.
(d)
Forty feet from any lot line abutting the right-of-way
of any state highway.
(e)
Each housekeeping cottage or seasonal cottage
shall be placed at least 25 feet from any other housekeeping or seasonal
cottage on the site.
[Added 6-13-2006[10]]
|
Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-48, Multifamily developments, and 145-49, Residential cluster development.
|
[10]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
G.
Special provisions.
(1)
No building shall contain more than 5,000 square feet
of gross floor area, except that a building located in the section
of the Residential-Commercial District running along both sides of
Route 109 located west of Route 1 and east of the Maine Turnpike containing
a medical clinic may contain more than 5,000 square feet of gross
floor area, provided that it is located on a lot larger than five
acres of land.
[Amended 4-16-1999]
(2)
Within any building existing on January 1, 1994, an accessory dwelling unit shall be permitted as regulated in § 145-55, except that the provisions of § 145-55B shall not apply. All other dimensional requirements, except residential density, of the district, including minimum lot size, shall be met.
(3)
All business uses and related storage, except for
the sale of vegetables, fruits, plants and natural Christmas trees
and wreaths, shall be located entirely within an enclosed structure,
except for day-care home or day-care center/nursery school uses with
a fenced-in and/or buffered area not to exceed 2,500 square feet.
"Buffered area" shall mean vegetative screening or solid fence as
approved by the reviewing authority.
[Amended 6-8-2021]
(4)
Commercial building design. Proposed buildings or reconstruction
of existing buildings or building additions greater than 50% of the
existing building footprint shall conform to the following architectural
requirements when any portion of the building is located within 500
feet of the Route One right-of-way and north of the intersection of
Route One and Route 109 and north of the intersection of Route One
and Harbor Road:
[Amended 6-13-2017]
(a)
Reconstruction of exterior facades and additions to existing
buildings shall be in the architectural style of the original building,
and the materials used shall duplicate the original or be similar
in appearance to the original materials or materials commonly used
in the Town when the building was constructed.
(b)
New construction and reconstruction shall use external building
features which are similar to those buildings in the district constructed
in the 18th and 19th centuries. Modern materials which duplicate the
original or are similar in appearance to the original used in construction
in the 18th and 19th centuries may be used on any buildings.
(c)
Any new building or reconstructed roof shall have a roof with
a minimum slope of 7/12 (30.26°) on 80% of the roof area, and
the remaining roof shall be greater than a 3/12 pitch (14.0°).
(d)
The siding on new buildings or reconstructed buildings shall
be wooden clapboard, wooden shingles, brick, stone or materials which
duplicate the original or be similar in appearance to the original
in shape, texture and appearance.
(e)
Roofs shall be shingled, slate, or constructed of materials
which duplicate the original or be similar in appearance to materials
used in construction in the 18th and 19th centuries.
(f)
No internally illuminated signs or electronic message signs
shall be permitted.
(5)
If a building is located less than 70 feet from a
street right-of-way, no parking serving a business shall be located
in the area between the building and the street right-of-way.
A.
Purpose. The purpose of the Beach Business District
is to provide lodging facilities and other services for the tourists
and residents living at the beach.
B.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
(2)
Business, office.
(3)
Business, personal service.
(4)
Business, retail.
(5)
Business, service.
(6)
Day-care home.
(7)
Day-care center/nursery school.
(8)
Function hall.
(11)
Museum.
(12)
Neighborhood convenience store.
(13)
Parking lot, commercial.
(15)
Public utility facility.
(16)
Recreation, active.
(17)
Recreation, high-intensity commercial.
(18)
Recreation, low-intensity commercial.
(19)
Restaurant, standard.
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are permitted accessory uses.
F.
Dimensional requirements:
(1)
Minimum lot size: 5,000 square feet of net area.
(2)
Maximum density:
[Amended 11-6-2001]
(a)
One dwelling unit for each 5,000 square feet
of net area.
(b)
Four housekeeping cottages or seasonal cottages
per acre of net area.
[Amended 4-12-2003; 6-13-2006[5]]
[5]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
(c)
Twenty hotel/motel units per acre of net area.
(3)
Minimum street frontage per lot: 50 feet.
(4)
Maximum lot coverage: 90%.
(6)
Setbacks. All structures shall be located at least:
(a)
Six feet from any lot line other than the edge
of a street right-of-way.
(b)
Four feet from the edge of any street right-of-way.
(c)
Twenty feet from the sea wall or the line which
is an extension of the existing sea wall.
(d)
Each housekeeping cottage or seasonal cottage
shall be placed at least 15 feet from any other housekeeping or seasonal
cottage on the site.
[Added 6-13-2006[6]]
|
Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, and 145-48, Multifamily developments.
|
[6]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
G.
Special provisions. No individual business use, except
lodging facilities, shall occupy more than 5,000 square feet of gross
floor area.
A.
Purpose. The purpose of the General Business District
is to provide areas for a wide range of business and commercial uses
which serve the entire Town and for lodging and related facilities
which serve the tourists.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
(1)
Agriculture, limited to the raising of crops and plants
out of doors.
(2)
Cemetery having an area less than 20,000 square feet
and containing no buildings.
(4)
Dwelling, two-family.
(7)
Poultry,
domestic (small), all lots, except lots less than 10,000 square feet
in area shall be limited to no more than five fowl.
[Added 6-9-2015]
(8)
Recreation, passive.
(9)
Timber harvesting.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
(1)
Agriculture which includes any structures.
(2)
Bank.
(4)
Business, contractor.
(5)
Business, office.
(6)
Business, personal service.
(7)
Business, retail, including the manufacturing of any
goods offered for sale on the premises.
(8)
Business, service.
(9)
Business, wholesale, having a gross floor area of
less than 5,000 square feet.
(10)
Cemetery larger than 20,000 square feet in area.
(11)
Church.
(12)
Club.
(14)
Day-care home.
(15)
Day-care center/nursery school.
(17)
Elderly housing.
[Amended 4-26-1996]
(18)
Freestanding residential detoxification program.
[Added 6-14-2011]
(19)
Function hall.
(22)
Life care facility.
[Amended 4-26-1996]
(23)
Medical care facility.
(24)
Municipal facility.
(25)
Museum.
(26)
Neighborhood convenience store.
(27)
Nursing home.
[Amended 4-26-1996]
(28)
Parking lot, commercial.
(29)
Private non-medical institution (PNMI).
[Added 6-14-2011]
(31)
Public utility facility.
(32)
Recreation, active.
(33)
Recreation, high-intensity commercial.
(34)
Recreation, low-intensity commercial.
(36)
Registered medical marijuana dispensary. No more than three
registered medical marijuana dispensaries shall be allowed to be approved
at any given time in the Town of Wells.
[Added 6-14-2011; amended 6-13-2023]
(37)
Restaurant, standard.
(38)
Restaurant, fast-food.
(39)
Sawmill producing less than 100,000 board feet
of lumber per year.
(40)
School, public and private.
(42)
[7]
Editor’s Note: Former Subsection C(43), Stand-alone
registered marijuana dispensary, added 6-14-2011, which immediately followed, was repealed 6-13-2023.
[8]
Editor's Note: Former Subsection C(44), Seasonal cottage complex,
added 4-12-2003, which immediately followed, was repealed 11-5-2013.
This ordinance also redesignated former Subsection C(45) as Subsection
C(43).
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are permitted accessory uses.
F.
Dimensional requirements:
(1)
Minimum lot size: 20,000 square feet of net area if
served by public sewer; 40,000 square feet of net area if not served
by public sewer.
(2)
Maximum density:
(a)
One dwelling unit for each 20,000 square feet
of net area if served by public sewer.
(b)
One dwelling unit for each 40,000 square feet
of net area if not served by public sewer.
(c)
Four housekeeping cottages or seasonal cottages
per acre of net area.
[9]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
(d)
Twenty hotel/motel units per acre of net area.
[Amended 4-28-1995]
(3)
Minimum street frontage per lot: 100 feet, which may
be reduced to 75 feet for frontage entirely on a cul-de-sac.
(4)
Maximum lot coverage: 65% (20% within the Shoreland
Overlay District) or 2,500 square feet, whichever is greater, except
that the maximum lot coverage shall be 40% of the entire lot on any
lot that was legally created prior to January 1, 1994, if at least
75% of the lot is located within the Shoreland Overlay District.
[Amended 4-14-2000]
(6)
Setbacks.
(b)
All structures and parking lots shall be at
least 200 feet from the high-water line of the Webhannet River, Merriland
River and the Ogunquit River.
(c)
Each housekeeping cottage or seasonal cottage
shall be placed at least 25 feet from any other housekeeping or seasonal
cottage on the site.
[Added 6-13-2006[10]]
|
Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, and 145-48, Multifamily developments.
|
[10]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
G.
Special provisions.
[Amended 6-14-2016]
(1)
If
a person or entity owns parcels of land on the east and west sides
of Route 1 within the General Business District, the parcels may be
treated as a single lot of land, provided that the property owner
grants the Town a conservation easement over a portion of the land
on the east side of Route 1. The easement shall cover a land area
which, in conjunction with the parcels on the west side of Route 1,
is adequate to support the proposed use as regulated in the district.
The lot on the west side of Route 1 shall meet the minimum lot size
requirement. Any proposed easement shall be reviewed and approved
by the Planning Board.
(2)
A
municipal facility use or a public school use is allowed a maximum
building height of 54 feet if constructed with a roof with a minimum
slope of 7/12 and if it does not have a floor higher than 35 feet
above the average finished grade.
(3)
Commercial building design. Proposed buildings or reconstruction
of existing buildings or building additions greater than 50% of the
existing building footprint shall conform to the following architectural
requirements when any portion of the building is located within 500
feet of the Route One right-of-way and north of the intersection of
Route One and Route 109 and north of the intersection of Route One
and Harbor Road:
[Added 6-13-2017]
(a)
Reconstruction of exterior facades and additions to existing
buildings shall be in the architectural style of the original building,
and the materials used shall duplicate the original or be similar
in appearance to the original materials or materials commonly used
in the Town when the building was constructed.
(b)
New construction and reconstruction shall use external building
features which are similar to those buildings in the district constructed
in the 18th and 19th centuries. Modern materials which duplicate the
original or are similar in appearance to the original used in construction
in the 18th and 19th centuries may be used on any buildings.
(c)
Any new building or reconstructed roof shall have a roof with
a minimum slope of 7/12 (30.26°) on 80% of the roof area, and
the remaining roof shall be greater than a 3/12 pitch (14.0°).
(d)
The siding on new buildings or reconstructed buildings shall
be wooden clapboard, wooden shingles, brick, stone or materials which
duplicate the original or be similar in appearance to the original
in shape, texture and appearance.
(e)
Roofs shall be shingled, slate, or constructed of materials
which duplicate the original or be similar in appearance to materials
used in construction in the 18th and 19th centuries.
(f)
No internally illuminated signs or electronic message signs
shall be permitted.
A.
Purpose. The purpose of the Harbor District is to
provide areas for commercial and recreational marine uses, aquaculture,
environmental research, recreational activities and cultural activities.
B.
Permitted uses. The following uses shall be permitted
with the approval of the Board of Selectmen upon obtaining any required
permits from the Code Enforcement Officer:
[Amended 4-14-2000]
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
D.
Accessory uses. Accessory uses are permitted when
they are clearly incidental to the permitted use; subordinate, individually
and in the aggregate, to the permitted use; and located on the same
lot or leased area as the permitted use being served.
A.
Purpose. The purpose of the Light Industrial District
is to provide areas for a wide range of light industrial and large-scale
business uses which are clean and nonpolluting.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
[Amended 4-28-1995]
(2)
Agriculture, including wholesale greenhouses.
(3)
Business, contractor.
(4)
Business, office.
(5)
Business, service.
(6)
Business, wholesale.
(7)
Manufacturing.
(9)
Motor vehicle rental.
(10)
Municipal facility.
(11)
Parking lot, commercial.
(13)
Public utility facility.
(15)
Research and development facility.
(16)
Recycling facility.
(17)
Restaurant, standard.
(18)
Restaurant, fast-food.
(19)
School, vocational-technical.
(20)
Transmission tower, radio.
(21)
Transportation facility.
(22)
Truck terminal.
(23)
Warehousing.
(24)
Self-storage facility.
[Added 5-20-2003]
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Limited incidental business retail (600 square feet or 20% of the total gross floor area, whichever is less) is permitted with site plan approval and as defined in § 145-10.
[Amended 6-11-2019]
F.
Dimensional requirements:
(1)
Minimum lot size: 40,000 square feet of net area.
(2)
Maximum density: none.
(3)
Minimum street frontage per lot: 100 feet.
(4)
Maximum lot coverage: 65% (20% within the Shoreland
Overlay District) or 2,500 square feet, whichever is greater.
G.
Special provisions.
(1)
All liquid waste, other than wastewater as defined
in the State of Maine Subsurface Wastewater Disposal Rules, shall
be delivered to and disposed of by the Wells Sanitary District or
by a licensed disposal facility.
(2)
After January 1, 1996, all recycling facility operators, except the Town of Wells, who began operations at their current site after the effective date of this subsection shall provide one of the performance guaranties required in § 145-56.
[Amended 4-28-1995]
(3)
If a use listed in § 145-28C is established on a property, one associated live/work unit may also be constructed with a site plan approval. The live/work unit can only be occupied when the associated permitted use is also occupied. The owner or key employee of the permitted use must also be the occupant of the live/work unit. No subletting is allowed. The live/work unit must have a smaller gross floor area than the gross floor area in which the permitted use is conducted. Only one live/work unit shall be allowed per permitted use. Each live/work unit shall require a minimum of 20,000 square feet of net lot area.
[Added 6-9-2015]
A.
Purpose. The purpose of the Quarry Manufacturing District
is to provide areas for the mining of earth materials and the manufacture
of related products in an environmentally safe manner without adversely
affecting local streets and residential neighborhoods.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
[Amended 4-16-1999]
(1)
Business office for a mineral extraction use.
(2)
Business office in any building existing on January
1, 1999, and formerly occupied by a business office for a mineral
extraction use.
(4)
Manufacturing of asphalt and concrete products.
(5)
Municipal facility.
(6)
Public utility facility.
(7)
Storage and repair of equipment used in a mineral
extraction use.
D.
Accessory uses. Accessory uses are permitted when
they are clearly incidental to permitted use; subordinate, individually
and in the aggregate, to the permitted use; and located on the same
lot as the permitted use being served.
F.
Dimensional requirements:
(1)
Minimum lot size: 200,000 square feet.
(2)
Minimum street frontage per lot: 200 feet.
(3)
Maximum lot coverage: 70% (20% within the Shoreland
Overlay District) or 2,500 square feet, whichever is greater.
A.
Purpose. The purpose of the Rural District is to maintain
the open, rural character of the land within the district. Open uses
of the land, such as forestry and agricultural uses, should be encouraged
and large-scale residential uses discouraged. Residential development
should be clustered so that significant areas of the development can
be maintained as open space and, where applicable, used to buffer
the development from existing Town ways.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
(1)
Animal husbandry.
(2)
Agriculture.
(3)
Cemetery having an area less than 20,000 square feet
and containing no buildings.
(5)
Dwelling, two-family.
(8)
Livestock,
domestic (large), limited to lots with a minimum lot size of five
acres.
[Added 6-9-2015]
(9)
Poultry,
domestic (small), all lots, except lots less than 10,000 square feet
in area shall be limited to no more than five fowl.
[Added 6-9-2015]
(10)
Poultry, domestic (large), limited to lots with a minimum lot size
of five acres.
[Added 6-9-2015]
(11)
Recreation, passive.
(12)
Timber harvesting.
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
(2)
Cemetery larger than 20,000 square feet in area.
(3)
Church.
(4)
Club.
(6)
Day-care home.
(7)
Day-care center/nursery school.
(8)
Estuarine and marine research facilities located east
of U.S. Route 1. Said facilities may include a building containing
a dwelling unit occupied by a resident manager and his or her family
and fifteen suites or less occupied by visiting scientists conducting
research with the Wells Reserve. Said suites shall not exceed 470
square feet and shall not have their own kitchen facilities. However,
said building may contain a common kitchen to provide meals available
only to the occupants.
[Added 4-14-2000; amended 11-5-2002]
(11)
Municipal facility.
(12)
Museum having a gross floor area less than 5,000
square feet.
(13)
Neighborhood convenience store.
(14)
Public utility facility.
(15)
Recreation, active.
(16)
Recreation, low-intensity commercial.
(17)
Restaurant (standard) containing fewer than
75 seats.
(18)
Sawmill.
(19)
School, public and private.
(20)
School, vocational-technical, served by public
water and sewer and located east of the turnpike and south of Route
109.
[Added 4-18-1995]
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are accessory uses.
F.
Dimensional requirements:
(2)
Maximum density:
[Amended 4-28-1995]
(a)
One dwelling unit for each 100,000 square feet
of net area.
(b)
One dwelling unit for each 40,000 square feet
of net area if located east of the Maine Turnpike and connected to
public sewer.
(c)
Four housekeeping cottages or seasonal cottages
per acre of net area.
[Amended 4-12-2003; 6-13-2006[5]]
[5]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
(3)
Minimum street frontage per lot: 200 feet, which may
be reduced to 150 feet for lots fronting entirely on a cul-de-sac.
The minimum street frontage for a lot containing a one-family dwelling
(in conjunction with a one-family dwelling, a day-care home or day-care
center/nursery school may be permitted if the driveway is paved to
a width of at least 16 feet and has a gravel base of at least 20 feet
in width), an agricultural, animal husbandry or a timber harvesting
use may be reduced to 50 feet provided that the total lot area is
at least 200,000 square feet; the access driveway shall extend to
the house and shall not be longer than 750 feet with a grade and width
adequate to permit access by fire, police and other emergency vehicles;
and any structure on the lot shall be located at least 50 feet from
any lot line. No more than two such lots shall have contiguous street
frontage.
(4)
Maximum lot coverage: 20% or 4,000 square feet, whichever
is the greater.
(6)
Setbacks.
(b)
All structures and parking lots shall be located
at least 200 feet from the high-water line of the Merriland River
(including Hobbs Pond), the Webhannet River, Ogunquit River, Perkins
Brook and West Brook.
(c)
Each housekeeping cottage or seasonal cottage
shall be placed at least 25 feet from any other housekeeping or seasonal
cottage on the site.
[Added 6-13-2006[6]]
|
Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, 145-48, Multifamily developments, and 145-49, Cluster residential development.
|
[6]
Editor's Note: This ordinance provided that
it shall be retroactive to any application for site plan approval
and any application to amend an existing site plan to the extent the
amendment proposes additional cottage units that has not received
final approval from the Planning Board on 4-25-2006.
G.
Special provisions.
(1)
All proposed residential subdivisions containing more than four dwelling units shall be developed according to the provisions of § 145-48, Multifamily developments, or § 145-49, Residential Cluster Development. The Planning Board may waive this requirement for projects containing fewer than 20 lots if it determines that a cluster development as regulated in § 145-49 is not practical because of the configuration of the original lot or because of its natural features.
(2)
Commercial building design. Proposed buildings or reconstruction
of existing buildings or building additions greater than 50% of the
existing building footprint shall conform to the following architectural
requirements when any portion of the building is located within 500
feet of the Route One right-of-way and north of the intersection of
Route One and Route 109 and north of the intersection of Route One
and Harbor Road:
[Added 6-13-2017]
(a)
Reconstruction of exterior facades and additions to existing
buildings shall be in the architectural style of the original building,
and the materials used shall duplicate the original or be similar
in appearance to the original materials or materials commonly used
in the Town when the building was constructed.
(b)
New construction and reconstruction shall use external building
features which are similar to those buildings in the district constructed
in the 18th and 19th centuries. Modern materials which duplicate the
original or are similar in appearance to the original used in construction
in the 18th and 19th centuries may be used on any buildings.
(c)
Any new building or reconstructed roof shall have a roof with
a minimum slope of 7/12 (30.26°) on 80% of the roof area, and
the remaining roof shall be greater than a 3/12 pitch (14.0°).
(d)
The siding on new buildings or reconstructed buildings shall
be wooden clapboard, wooden shingles, brick, stone or materials which
duplicate the original or be similar in appearance to the original
in shape, texture and appearance.
(e)
Roofs shall be shingled, slate, or constructed of materials
which duplicate the original or be similar in appearance to materials
used in construction in the 18th and 19th centuries.
(f)
No internally illuminated signs or electronic message signs
shall be permitted.
A.
Purpose. The purpose of the Aquifer Protection District
is to protect and maintain the quantity and quality of the Branch
Brook aquifer while allowing landowners a reasonable use of their
property and a reasonable return from its development potential.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
(1)
Agriculture, limited to the raising of crops and plants
out of doors.
(3)
Dwelling, two-family.
(5)
Poultry,
domestic (small), all lots, except lots less than 10,000 square feet
in area shall be limited to no more than five fowl.
[Added 6-9-2015]
(6)
Recreation, passive.
(7)
Timber harvesting. [See § 145-31G(3).]
C.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
D.
Accessory uses. Accessory uses are permitted when they are clearly incidental to the permitted use; subordinate, individually and in the aggregate, to the permitted use; and located on the same lot as the permitted use being served. Home businesses as regulated in § 145-51 are accessory uses.
F.
Dimensional requirements:
(1)
Minimum lot size: 100,000 square feet of net area.
(2)
Maximum density: one dwelling unit for each 100,000
square feet of net area.
(3)
Minimum street frontage per lot: 200 feet, which may
be reduced to 150 feet for lots fronting entirely on a cul-de-sac.
The minimum street frontage for a lot containing a one-family dwelling,
agricultural or timber harvesting use may be reduced to 50 feet provided
that the total lot area is at least 200,000 square feet; the access
driveway to the house shall not be longer than 750 feet with a grade
and width adequate to permit access by fire, police and other emergency
vehicles; and any structure on the lot shall be located at least 50
feet from any lot line. No more than two such lots shall have contiguous
frontage.
(4)
Maximum lot coverage: 20% or 2,500 square feet, whichever
is the greater.
(6)
Setbacks.
(a)
All structures shall be located at least:
[1]
Twenty-five feet from any lot line.
[2]
Twenty-five feet from the boundary of any cemetery.
[3]
Twenty-five feet from any lot line abutting
any street right-of-way.
[4]
Forty feet from any lot line abutting the right-of-way
of any state highway.
[5]
Two hundred fifty feet from the high-water line
of Branch Brook.
(b)
All subsurface wastewater disposal areas and
treatment tanks shall be located at least 400 feet from the high-water
line of Branch Brook.
(c)
Any mineral extraction use shall be located
at least 250 feet from the high-water line of Branch Brook.
|
Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, 145-48, Multifamily developments, and 145-49, Residential cluster development.
|
G.
Special provisions.
(1)
All residential subdivisions containing more than four dwelling units shall be clustered on the site according to the provisions of § 145-48, Multifamily developments, or § 145-49, Residential Cluster Development. The Planning Board may waive this requirement for projects containing fewer than 20 lots if it determines that clustering is not practical because of the configuration of the original lot or because of its natural features.
(2)
At least 60 days before the application of any pesticide
classified for restricted use by the Administrator of the United States
Environmental Protection Agency, the applicator or landowner shall
notify the Code Enforcement Officer of the name of the pesticide to
be applied, the application rate and the projected application dates.
A copy of this notification shall also be sent to the Kennebunk, Kennebunkport
and Wells Water District. The Code Enforcement Officer shall review
the notification and consult with the Water District, notifying the
applicator or landowner, in writing, if the pesticide or its application
rates present a danger to the quality of the groundwater or Branch
Brook. If the Code Enforcement Officer does not respond within 30
days from the receipt of the notification, the applicator may apply
the pesticide according to the EPA label and the rules of the Maine
Pesticide Control Board.
(3)
Timber harvesting within 250 feet of the high-water
line of Branch Brook shall only be allowed as specified on a harvesting
plan prepared by a registered professional forester and approved by
the Planning Board. The Planning Board shall obtain review comments
on any such plan from the Kennebunk, Kennebunkport and Wells Water
District and the York County Soil and Water Conservation District.
A.
Purpose. The purpose of the Resource Protection District
is to protect and preserve fragile environmental areas from intrusions
which would upset their ecological systems or create potential public
health or safety problems.
B.
Permitted uses. The following uses are permitted upon
obtaining any required permits from the Code Enforcement Officer:
D.
Accessory uses. Accessory uses are permitted when
they are clearly incidental to permitted use; subordinate, individually
and in the aggregate, to the permitted use; and located on the same
lot as the permitted use being served.
E.
G.
Preexisting use: a principal or accessory use that was legally in existence on January 1, 1994, and on July 1, 1999, is a permitted use, not a nonconforming use. Any such business use shall be regulated in accordance with all of the provisions of § 145-25, Beach Business District, and § 145-33, Shoreland Overlay District. Any such residential use shall be regulated in accordance with all of the provisions of § 145-21, Residential A District, and § 145-33, Shoreland Overlay District.
[Added 11-2-1999]
The provisions of this section shall apply to
all uses, lots and structures within the Shoreland Overlay District.
A.
Purpose. The purpose of this district is to prevent
and control water pollution; to protect fish spawning grounds, aquatic
life and bird and other wildlife habitat; to protect buildings and
lands from flooding and accelerated erosion; to protect commercial
fishing and maritime industries; to protect freshwater and coastal
wetlands; to conserve shore cover; and to preserve access to inland
and coastal waters.
B.
Setbacks from water bodies and wetlands. All roads,
driveways and structures, except those required to control drainage
or water movement and those needed for water-dependent uses, shall
comply with the following setback requirements or those of the underlying
district, whichever is greater:
(1)
The minimum setback from the upland edge of a wetland
shall be 75 feet, which may be reduced to the average of the setbacks
of structures within 200 feet of the proposed structure on lots abutting
the wetlands but shall not be less than 25 feet.
[Amended 4-16-1999]
(2)
The minimum setback from the high-water line of Ell
Pond shall be 100 feet.
(3)
The minimum setback on the ocean side of Wells Beach,
Drakes Island and Moody Beach shall be 20 feet from the sea wall.
Where there is no sea wall, the setback shall be from a theoretical
sea wall line extrapolated from the existing sea walls.
(4)
The minimum setback from all other water bodies shall
be 75 feet from their high-water line.
C.
Shore frontage.
(1)
A lot within the Shoreland Overlay District with frontage
on a freshwater water body or freshwater wetland, including all streams,
shall have a minimum shore frontage of 200 feet.
[Amended 4-19-1997]
(2)
A lot within the Shoreland Overlay District with frontage
on a tidal water body shall have a minimum shore frontage of 150 feet.
D.
Performance standards for agriculture and animal husbandry
uses.
(1)
All spreading or disposal of manure shall be done
according to the Maine Guidelines for Manure and Manure Sludge Disposal
on Land, published by the University of Maine and the Maine Soil and
Water Conservation Commission in July 1972.
(2)
Manure shall not be stored or stockpiled within 100
feet horizontal distance of Ell Pond or within 75 feet horizontal
distance of other water bodies, tributary streams or wetlands. Manure
storage areas which existed before December 14, 1991, and which do
not meet the setback requirement may remain after December 14, 1996,
only if the storage area produces no discharge of effluent or contaminated
stormwater runoff.
(3)
There shall be no new tilling of soil or clearing
of trees or other vegetation for agricultural use within 100 feet
of Ell Pond, within 25 feet of tributary streams and wetlands or within
75 feet of other water bodies.
(4)
Agricultural activities involving tillage of soil
greater than 40,000 square feet in surface area or the spreading,
disposal or storage of manure shall require a conservation plan which
meets the standards of the State Soil and Water Conservation Commission
and is approved by the York County Soil and Water Conservation District.
Noncompliance with the provisions of such conservation plan shall
be considered to be a violation of this chapter.
(5)
Livestock grazing areas are prohibited within 100
feet of the high-water line of Ell Pond, within 25 feet of tributary
streams and wetlands and within 75 feet of other waterbeds. Livestock
grazing associated with ongoing farm activities and which is not in
conformance with the above setback provisions may continue, provided
that such grazing is conducted according to a plan approved by the
York County Soil and Water Conservation District.
E.
Clearing of vegetation for development.
(1)
In the development of a permitted use, a buffer strip
of vegetation shall be preserved within the strip of land extending
100 feet inland from the high-water line of Ell Pond and 75 feet from
any other water body, tributary stream or the upland edge of a wetland,
as follows:
(a)
There shall be no cleared opening greater than
250 square feet in the forest canopy as measured from the outer limits
of the tree crown. However, a footpath not to exceed 10 feet in width
as measured between tree trunks is permitted, provided that a cleared
line of sight to the water through the buffer strip is not created.
Within 100 feet of the high-water line of Ell Pond the width of the
footpath shall be limited to six feet.
(b)
Selective cutting of trees within the buffer
strip is permitted provided that a well-distributed stand of trees
and other vegetation is maintained. For the purposes of this section,
a "well-distributed stand of trees and other vegetation" adjacent
to Ell Pond shall be defined as maintaining a rating score of 12 or
more in any twenty-five-foot by twenty-five-foot square area (625
square feet) as determined by the following rating system:
|
Diameter of Tree at 4 1/2 Feet Above
Ground Level
(inches)
|
Points
| |
|---|---|---|
|
2 to 4
|
1
| |
|
Over 4 to 12
|
2
| |
|
Over 12
|
4
|
[1]
Next to other water bodies, tributary streams
and wetlands a "well-distributed stand of trees and other vegetation"
is defined as maintaining a minimum rating score of eight per twenty-five-foot
square area.
[2]
Notwithstanding the above provisions, no more
than 40% of the total volume of trees four inches or more in diameter
measured 4.5 feet above ground level may be removed in any ten-year
period.
(d)
Pruning of tree branches on the bottom 1/3
of the tree is permitted.
(e)
To maintain a buffer strip of vegetation, when
the removal of storm-damaged, diseased, unsafe or dead trees results
in the creation of cleared openings, these openings shall be replanted
with native tree species unless existing new tree growth is present.
(2)
At distances greater than 100 feet from Ell Pond and
75 feet from the high-water line of any other water body, tributary
stream or the upland edge of a wetland, except to allow for the development
of permitted uses, there shall be permitted on any lot, in any ten-year
period, selective cutting of not more than 40% of the volume of trees
four inches or more in diameter measured 4.5 feet above ground level.
Tree removal in conjunction with the development of permitted uses
shall be included in the forty-percent calculation. Cleared openings
for development, including but not limited to principal and accessory
structures, driveways and sewage disposal systems, shall not exceed
in the aggregate 25% of the lot area or 10,000 square feet, whichever
is greater, including land previously developed. This provision shall
not apply within those portions of the Shoreland Overlay District
in which the underlying district is the Harbor District, the Beach
Business District or the General Business District.
(3)
Cleared openings legally in existence on the effective
date of this chapter may be maintained but shall not be enlarged,
except as permitted by this chapter.
(4)
Fields which have reverted to primarily shrubs, trees
or other woody vegetation shall be regulated under the provisions
of this section.
F.
Roads and driveways. The following standards shall
apply to the construction of roads and/or driveways and drainage systems,
culverts and other related features.
(1)
Roads and driveways shall comply with the setback requirements of Subsection B unless no reasonable alternative exists as determined by the Zoning Board of Appeals. If no other reasonable alternative exists, the Zoning Board of Appeals may reduce the road and/or driveway setback requirement upon a clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the wetland, tributary stream or water body. Such techniques may include, but are not limited to, the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream or wetland.
(a)
On slopes of greater than 20% the road and/or
driveway setback shall be increased by 10 feet for each five-percent
increase in slope above 20%.
(b)
This section shall not apply to approaches to
water crossings nor to roads or driveways that provide access to permitted
structures or facilities located near the shoreline due to operational
necessity.
(2)
An existing public street may be expanded within the
street right-of-way, whatever its setback from a water body, tributary
stream or wetland.
(3)
Road banks shall not be steeper than a slope of one
vertical to two horizontal and shall be graded and stabilized to prevent
erosion and stream sedimentation.
(4)
Road grades shall not be greater than 10% except for
segments of less than 200 feet in length.
(5)
To prevent road surface drainage from directly entering
water bodies, tributary streams or wetlands, roads shall be designed,
constructed and maintained to empty onto an undisturbed buffer strip
at least 50 feet, plus two feet times the average percent slope, in
width between the outflow point of the ditch or culvert and the high-water
line of a water body, tributary stream or upland edge of a wetland.
Road surface drainage which is directed to an undisturbed buffer strip
shall be diffused or spread out to promote infiltration of the runoff
and to minimize channelized flow of the drainage through the buffer
strip.
(6)
Ditch relief (cross drainage) culverts, drainage dips
and water turnouts shall be installed to effectively direct drainage
onto undisturbed buffer strips before the flow in the road or ditches
gains sufficient volume or head to erode the road or ditch. To accomplish
this, the following shall apply:
(a)
Ditch relief culverts, drainage dips and associated
water turnouts shall be spaced along the road at intervals no greater
than indicated in the following table:
|
Road Grade
(percent)
|
Spacing
(feet)
| |
|---|---|---|
|
0 to 2
|
250
| |
|
3 to 5
|
200 to 135
| |
|
6 to 10
|
100 to 80
| |
|
11 to 15
|
80 to 60
| |
|
16 to 20
|
60 to 45
| |
|
21+
|
40
|
(b)
Drainage dips may be used in place of ditch
relief culverts only where the road grade is 10% or less.
(c)
On road sections having slopes greater than
10%, ditch relief culverts shall be placed across the road at approximately
a sixty-degree angle downslope from the center line of the road.
(d)
Ditch relief culverts shall be sufficiently
sized and properly installed to effectively function, and their inlet
and outlet ends shall be stabilized with appropriate materials.
(7)
Ditches, culverts, bridges, dips, water turnouts and
other stormwater runoff control installations associated with roads
shall be maintained regularly to ensure effective functioning.
G.
Piers, docks, wharves, breakwaters, causeways, marinas,
bridges and other structures and uses extending over or beyond the
high-water line of a water body, stream or within a wetland. In addition
to federal or state permits which may be required for such structures
and uses, they shall conform to the following:
(1)
Shore access shall be developed on soils appropriate
for such use and constructed to control erosion.
(2)
The location shall not interfere with developed or
natural beach areas.
(3)
The facility shall be located to minimize adverse
effects on fisheries.
(4)
The facility shall not be larger in dimension than
necessary to carry on the activity and be consistent with existing
conditions, use and character of the area.
(5)
No new structure shall be built on, over or abutting
a pier, wharf, dock or other structure extending beyond the high-water
line of a water body or within a wetland unless the structure requires
direct access to the water as an operational necessity.
(6)
No existing structures built on, over or abutting
a pier, dock, wharf or other structure extending beyond the high-water
line of a water body or within a wetland shall be converted to residential
dwelling units in any district.
(7)
Structures built on, over or abutting a pier, wharf,
dock or other structure extending beyond the high-water line of a
water body or within a wetland shall not exceed 20 feet in height
above the pier, wharf, dock or other structure.
H.
Timber harvesting.
(1)
No accumulation of slash shall be left within 50 feet
of the high-water line of a water body. In all other areas all slash
shall either be removed or disposed of in such a manner that it lies
on the ground and no part of it extends more than four feet above
the ground. Any debris that falls below the high-water line of a water
body shall be removed from the water body.
(2)
Except for water crossings, all skid trails, log yards and other sites where the operation of logging machinery results in the exposure of mineral soil shall be located such that an undisturbed filter strip of vegetation of at least 75 feet in width for slopes of up to 10% shall be retained between the exposed mineral soil and the high-water line of a water body or upland edge of a wetland. For each ten-percent increase in slope, the undisturbed strip shall be increased by 20 feet. The provisions of this Subsection H(2) apply only to a face sloping toward the water body or wetland; provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet to the high-water line of a water body or upland edge of a wetland.
(3)
Harvesting operations shall be conducted in such a
manner and at such a time that minimal soil disturbance results. Adequate
provisions shall be made to prevent soil erosion and sedimentation
of surface waters. Timber harvesting equipment shall not use stream
channels as travel routes except when surface waters are frozen and
the activity will not result in any ground disturbance.
(4)
All crossings of flowing water shall require a bridge
or culvert, except in areas with low banks and channel beds which
are composed of gravel, rock or similar hard surface which would not
be eroded or otherwise damaged.
(5)
Skid trail approaches to water crossings shall be
located and designed to prevent water runoff from directly entering
the water body or tributary stream. Upon completion of timber harvesting,
temporary bridges and culverts shall be removed and areas of exposed
soil revegetated.
(6)
Selective cutting of no more than 40% of the total
volume of trees four inches or more in diameter, measured 4.5 feet
above ground level, on any lot in any ten-year period is permitted.
These standards shall not apply to activities necessary and resulting
from wind damage, fire and removal of dead trees. Trees and other
vegetation killed by natural causes (e.g., beaver or insects) shall
not be counted in determining either the original volume or the volume
removed. In addition:
(a)
Within 100 feet of the high-water line of Ell
Pond and within 75 feet of the high-water line of other water bodies,
tributary streams or the upland edge of a wetland, a well-distributed
stand of trees and other vegetation, including existing ground cover,
shall be maintained.
(b)
At distances greater than 100 feet from Ell
Pond and greater than 75 feet from the high-water line of other water
bodies or the upland edge of a wetland, harvesting operations shall
not create single openings greater than 10,000 square feet in the
forest canopy. Where such openings exceed 5,000 square feet they shall
be at least 100 feet apart. Such openings shall be included in the
calculation of total volume removal.
(7)
Timber harvesting operations exceeding the forty-percent limitation of Subsection H(6) may be allowed by the Planning Board if the applicant submits a forest management plan prepared by a Maine licensed professional forester showing that such exception is good forest management and the harvest will be carried out according to the purposes of this chapter. The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed within 14 days of the Board's decision.
[Amended 4-19-1997]
A.
Purpose. The purpose of this district is to allow
the development of mobile home parks in certain portions of other
zoning districts in which they would not otherwise be permitted.
B.
General requirements. Except as stipulated below, mobile home parks shall meet all the requirements for a residential subdivision, shall conform to all the requirements of the underlying district and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of this chapter or Chapter 202 (Subdivision of Land) of the Wells Municipal Code, the provisions of this section shall prevail.
[Amended 6-14-2016]
D.
Site area and site width requirements. Mobile home
park sites shall meet the following area and frontage requirements:
(4)
The overall density of any park served by any subsurface
waste water disposal system shall not exceed one dwelling unit per
20,000 square feet of net area. The net area shall exclude all road
rights-of-way.
(5)
No area of any site located within any Resource Protection
District shall be used to meet the site area or frontage requirements.
E.
Setback requirements.
(1)
On sites 10,000 square feet in area or larger, structures
shall be located no less than 15 feet from any site boundary line.
On sites less than 10,000 square feet in area, structures shall be
located no less than 10 feet from any site boundary line. Structures
shall be set back a minimum of 20 feet from the boundary of any road
right-of-way.
(2)
On sites which abut a public way, structures shall
meet the street right-of-way setback requirements of the district
in which the park is located.
F.
Buffering.
(1)
All parks shall have a continuous landscaped strip
of not less than 25 feet in width adjacent to all lot lines, except
those of an abutting mobile home park, and the buffer strip shall
not contain part of any site, structures or road(s), except the access
road(s) entering the park.
(2)
If a park is proposed with a residential density at
least twice the residential density permitted in the underlying zoning
district, the park shall be designed with a continuous landscaped
area not less than 50 feet in width adjacent to all lot lines, except
those of an abutting mobile home park. The buffer strip shall contain
no part of a site and no structures or roads, except the access road(s)
entering the park. The first 25 feet of the buffer strip, as measured
from the exterior boundaries of the park, shall contain evergreen
shrubs, trees, fences, walls or any combination which forms an effective
visual barrier to be located on all exterior lot lines of the park,
except that entrances shall be kept open to provide visibility for
vehicles entering and leaving the park.
G.
Open space reservation. An area no less than 10% of
the total area of those sites with a site area of 10,000 square feet
or less shall be reserved as open space. The area reserved as open
space shall be suitable to be used for recreational purposes or for
storage by the residents of the park. The reserved open space shall
have slopes less than 5%, shall not be located on poorly or very poorly
drained soils, shall not be located in the Shoreland Overlay District
and shall be accessible directly from roads within the park. The Planning
Board may waive the requirement for open space when the park is located
within 1/2 mile of, and has safe pedestrian access to, a publicly
owned recreation area.
H.
Road design. All roads within a new park and any parks
which are expanding shall be designed by a professional engineer registered
in the State of Maine. The roads shall allow municipal fire trucks,
ambulances and police vehicles to enter and exit all roads without
backing up or leaving the traveled way and meet the following standards:
(1)
Roads shall be private and shall have:
(a)
A minimum right-of-way width of 23 feet;
(b)
A minimum paved traveled way width of 20 feet;
and
(c)
A minimum depth of gravel base of 15 inches
which shall be a coarse granular material free of vegetable matter,
lumps or balls of clay or other undesirable substances and shall contain
no stone larger than six inches in size.
(2)
No individual site within a proposed mobile home park
shall have direct vehicular access to an existing public street.
I.
A mobile home park approved in accordance with this
section shall not be converted to another use, type of residential
development or another form of ownership without the approval of the
Planning Board and without meeting the dimensional requirements of
the underlying district in which it is located.
J.
The plan to be recorded at the Registry of Deeds and
filed with the municipality shall include the following restrictions
as well as any other notes or conditions of approval, as determined
by the Planning Board:
[Added 4-16-2004]
A.
Purpose. This district is envisioned to be a small-scale,
mixed-use commercial area that would complement the new multi-modal
Wells Transportation Center facility. The purpose is to develop a
mixed-use business area to serve travelers (tourists, residents, and
others) at this transportation gateway to the Wells community, including
Amtrak trains, related bus and taxi services, and various transportation-related
commercial, retail and service businesses. The Town will work with
the Turnpike Authority and developers to effectively utilize the Transportation
Center access road and the traffic signal at Route 109. Traditional
New England style architecture will be promoted.
B.
Permitted uses requiring the approval of a site plan.
The following uses are permitted upon obtaining site plan approval
and any required permits from the Code Enforcement Officer:
(1)
Bank, including ATMs.
(2)
Bus depot.
(3)
Business, personal service, provided it is related
to the needs of the traveling public, including but not limited to
barbers and beauticians.
(4)
Business, service, provided it is related to
the needs of the traveling public, including but not limited to cleaners,
taxi stands, and information center.
(5)
Convenience store.
(6)
Gasoline service station.
(7)
Motor vehicle rental.
(8)
Municipal facility, provided it is related to
providing services to the traveling public.
(9)
Public utility facility, but not electrical
generation facilities.
(10)
Self-storage facility.
(11)
Transportation facility.
(12)
Office business.
(13)
Commercial parking lot.
(14)
Restaurant, standard.
(15)
Restaurant, fast-food.
C.
Accessory uses. Accessory uses are permitted when
they are clearly incidental to the permitted use; subordinate, individually
and in the aggregate, to the permitted use; and located on the same
lot as the permitted use being served.
E.
F.
Special provisions.
(1)
All wastewater shall be disposed of by connection
to the Wells Sanitary District; water may be provided by the Kennebunk,
Kennebunkport and Wells Water District.
(3)
Development on lots accessing only the interior
access road within the Transportation Center District shall be oriented
toward the access road. Development on lots having access from Sanford
Road and the interior transportation center access road may be oriented
to either Sanford Road or the internal access road. No new driveways
onto Sanford Road shall be permitted, unless the lot does not have
access to any other street. All development shall make every attempt
to utilize the interior access road so as to minimize interference
with traffic on Sanford Road and to make effective use of the traffic
signal at the intersection of Sanford Road and the Transportation
Center access road across from Exit 2 (New Exit 19).
(4)
Parking is prohibited within 40 feet of Sanford
Road (Route 9/109) and within 25 feet of the internal access road.
Site design should emphasize car parking to the rear of buildings
(away from traveled ways). Parking areas shall be buffered with vegetative
and/or nonvegetative landscape treatments.
(5)
Except for driveways, the areas within 40 feet
of Sanford Road and within 25 feet of the Transportation Center access
road shall provide a vegetative landscape buffer as approved by the
Planning Board.
(6)
All utilities shall be located underground.
(7)
Any signs shall meet the following requirements in addition to § 145-40:
(a)
Signs shall be carved in wood or be similar
in appearance.
(b)
All signs shall be externally lit with full
cut-off fixtures or a light source screened in such a manner so that
the illumination source is not visible off the lot.
(c)
Signs shall not be oriented toward the Maine
Turnpike.
(d)
No “Open” flags shall be permitted.
(e)
No freestanding sign shall exceed 15 feet in
height (in order that it can be seen under a tree canopy).
(f)
No building-mounted sign shall be located above
the eave of a roof.
(8)
Landscaping shall be maintained at all times.
(9)
No chain link fences shall be installed in front
of buildings.
(10)
Outdoor lighting shall be full cut-off fixtures.
Total height of light fixtures shall not exceed 18 feet.
(11)
All new buildings and the substantial renovation
or reconstruction of existing buildings shall utilize one or more
architectural treatments so as to achieve, in the opinion of the Planning
Board, a traditional New England appearance. These treatments may
include:
(a)
Shingled or standing seam metal roofing
(b)
Wooden clapboard or wooden shingles or materials
that duplicate these in shape, texture and appearance, or red brick.
(c)
Steeply pitched roofs.
(d)
Architectural faade treatments which help to
achieve the appearance of traditional New England architecture.
(12)
If glass panes in windows and doors are larger
than nine square feet, they shall be divided by construction or application
into panes smaller than one square foot.
(13)
The Planning Board may employ the services of
an architect certified to practice in the State of Maine to assist
it in reviewing plans.
(14)
Drive-up windows and drive-through uses:
(a)
The drive-up window and/or drive-through use
shall be clearly incidental to a primary use; and
(b)
The vehicular entrance and approach to the drive-up
window and or drive-through use shall be clearly delineated by markings,
striping, and/or signage as determined necessary by the Planning Board;
and
(c)
Vehicular access to the drive-up or drive-through
shall be through a separate lane that prevents vehicle queuing within
parking areas; and
(d)
The drive-up or drive-through use shall not
be oriented toward Sanford Road or the internal access road; and
(e)
Landscaping shall be provided to buffer the
visual impact of vehicle stacking areas; and
(f)
Communication systems and loudspeakers shall
not be audible at the property line; and
(g)
Drive-up and drive-through uses shall only be
permitted upon a finding by the Planning Board that such use will
not create detrimental impact on surrounding properties and roadways,
taking into consideration probable traffic generation, the physical
relationship of the proposed use and structure(s) to surrounding uses
and structures, pedestrian safety, the probable hours of operation,
the stacking of vehicles waiting for drive-up or drive-through service,
and the impacts of traffic generation on surrounding uses.
(15)
Buffering and screening shall be provided between
transportation center development and the mobile home park.
(16)
Provision shall be made for a sidewalk on one
side of the internal access road.
[Added 11-7-2023]
A.
Purpose.
The purpose of the College District is to provide areas for college
campus expansion, student housing, dormitory housing, educational
facilities, recreational facilities and other accessory uses serving
the college campus community.
C.
Permitted
uses requiring the approval of a site plan. The following uses are
permitted upon obtaining site plan approval and any required permits
from the Code Enforcement Officer:
(1)
Dormitory housing.
(2)
Function hall.
(3)
Public transportation shelter.
(4)
Public utility facility.
(5)
Recreation, active.
(6)
Recreation, low-intensity commercial.
(7)
Recreation, medium-intensity commercial.
(8)
Recreation, camp.
(9)
Restaurant, standard.
(10)
Restaurant, fast-food.
(11)
School, college.
(12)
School, public and private.
(13)
School, vocational – technical.
(14)
Student housing.
D.
Accessory
uses. Accessory uses are permitted when they are clearly incidental
to the permitted use; subordinate, individually and in the aggregate,
to the permitted use; and located on the same lot as the permitted
use being served. Accessory use to a college or vocational-technical
school may include the following: business retail, business contractor,
business service and office but are required to be owned and operated
by or on behalf of the educational institution.
F.
Dimensional
requirements:
