Article V District Regulations

[4-18-1995; 4-26-1996; 6-8-2010; 6-9-2015; 6-11-2024; 11-5-2024; 11-4-2025]

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.

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.

(3)

Dwelling, one-family. (See also § 145-55.)

(4)

Dwelling, two-family.

(5)

Dwelling, multifamily. (See § 145-48.)

(6)

Livestock, domestic (small), limited to lots with a minimum lot size of 40,000 square feet.

(7)

Livestock, domestic (large), limited to lots with a minimum lot size of five acres.

(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.

(9)

Poultry, domestic (large), limited to lots with a minimum lot size of five acres.

(10)

Recreation, passive.

(11)

Timber harvesting.

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)

Affordable housing development. (See § 145-54.)

(2)

Animal husbandry on lots larger than 25 acres.

(3)

Cemetery larger than 20,000 square feet in area.

(4)

Church.

(5)

Congregate care facility. (See § 145-58.1.)

(6)

Day-care home.

(7)

Funeral home.

(8)

Life care facility. (See § 145-58.)

(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.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(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 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.

(6)

Maximum building height: 30 feet, not to exceed three stories. (See § 145-35I.)

(7)

Setbacks.

(a)

All structures shall be at least:

[1]

Fifteen 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.

(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, and 145-54, Affordable housing.

§ 145-22 Residential B District.

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.

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)

Dwelling, one-family.

(3)

Dwelling, two-family.

(4)

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[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(4) as Subsection B(5).

(5)

Recreation, passive.

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)

Day-care home.

(2)

Municipal facility.

(3)

Public utility facility.

(4)

Recreation, active.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(5)

Maximum building height: 30 feet, not to exceed three stories. (See § 145-35I.)

(6)

Setbacks. All structures shall be at least:

(a)

Six feet from any lot line.

(b)

Fifteen feet from any lot line abutting any street right-of-way.

(c)

Twenty-five feet from the boundary of any cemetery.

(d)

Twenty feet from the sea wall or the line which is an extension of the existing sea wall.

Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, and 145-48, Multifamily developments.

§ 145-23 Residential D District.

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.

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)

Dwelling, one-family.

(3)

Poultry, domestic (small), all lots.

[Added 6-9-2015[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(3) as Subsection B(4).

(4)

Recreation, passive.

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)

Day-care home.

(2)

Municipal facility.

(3)

Public utility facility.

(4)

Recreation, active.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

Dimensional requirements:

(1)

Minimum lot size: 7,500 square feet of net area.

(2)

Maximum density: one dwelling unit for each 7,500 square feet of net area.

(3)

Minimum street frontage per lot: 75 feet.

(4)

Maximum lot coverage: 60% (40% within the Shoreland Overlay District) or 2,000 square feet, whichever is greater.

(5)

Maximum building height: 30 feet, not to exceed three stories. (See § 145-35I.)

Setbacks. All structures shall be located at least:

(1)

Ten feet from any lot line.

(2)

Twenty feet from any lot line abutting any street right-of-way.

(3)

Twenty feet from the sea wall or the line which is an extension of the existing sea wall.

(4)

Twenty-five feet from the boundary of any cemetery.

Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, and 145-48, Multifamily developments.

§ 145-24 Residential-Commercial District.

[4-28-1995; 10-6-1998; 4-16-1999; 11-7-2000; 4-12-2003; 6-13-2006[1]; 6-8-2010; 6-14-2011; 6-11-2013; 11-5-2013; 6-9-2015; 6-13-2017; 6-8-2021; 6-13-2023; 6-11-2024; 11-5-2024; 11-4-2025]

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.

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.

(3)

Dwelling, one-family. (See also § 145-55.)

(4)

Dwelling, two-family.

(5)

Dwelling, multifamily. (See § 145-48.)

(6)

Livestock, domestic (small), limited to lots with a minimum lot size of 40,000 square feet.

(7)

Livestock, domestic (large), limited to lots with a minimum lot size of five acres.

(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.

(9)

Poultry, domestic (large), limited to lots with a minimum lot size of five acres.

(10)

Recreation, passive.

(11)

Timber harvesting.

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)

Affordable housing development. (See § 145-54.)

(2)

Bank.

(3)

Bed-and-breakfast/small inn.

(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.

(10)

Cemetery larger than 20,000 square feet in area.

(11)

Church.

(12)

Club.

(13)

Congregate care facility. (See § 145-58.1.)

(14)

Day-care home.

(15)

Day-care center/nursery school.

(16)

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.)

(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.)

(18)

Function hall without commercial-type cooking facilities.

(19)

Funeral home.

(20)

Life care facility. (See § 145-58.)

(21)

Medical care facility, excluding hospitals.

(22)

Municipal facility.

(23)

Museum.

(24)

Neighborhood convenience store, excluding sale of motor vehicle fuels and including a restaurant area not exceeding 15 seats.

(25)

Nursing home.

(26)

Private non-medical institution (PNMI).

(27)

Public utility facility.

(28)

Recreation, active.

(29)

Recreation, medium intensity commercial.

(30)

Restaurant, standard, containing 36 seats or fewer and located west of Route 1 and east of the turnpike on Route 109.

(31)

School, public and private.

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.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(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.

(5)

Maximum building height: 30 feet, not to exceed three stories. (See § 145-35I.)

(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.

See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, 145-48, Multifamily developments, and 145-54, Affordable housing.

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.

(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.

(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:

(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.

(g)

See § 145-76, Design guidelines, established by the Planning Board.

(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.

[1]

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.

§ 145-25 Beach Business District.

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.

Permitted uses. The following uses are permitted upon obtaining any required permits from the Code Enforcement Officer:

(1)

Dwelling, one-family. (See also § 145-55.)

(2)

Dwelling, two-family.

(3)

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[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(3) as Subsection B(4).

(4)

Recreation, passive.

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)

Bed-and-breakfast/small inn. (See § 145-52.)

(2)

Business, office.

(3)

Business, personal service.

Business, retail.

Business, service.

Day-care home.

Day-care center/nursery school.

(8)

Function hall.

(9)

Hotel/motel. (See § 145-52.)

(10)

[2]Municipal facility.

[2]

Editor’s Note: Former Subsection C(10), Housekeeping cottage complex, was repealed 11-5-2013. This ordinance also redesignated former Subsection C(11) through (21) as Subsection C(10) through (20), respectively.

(11)

Museum.

(12)

Neighborhood convenience store.

(13)

Parking lot, commercial.

(14)

Public transportation shelter.

[Added 11-6-2007[3]]

[3]

Editor's Note: This ordinance also redesignated former Subsection C(15) through (21) as Subsection C(16) through (22), respectively.

(15)

Public utility facility.

(16)

Recreation, active.

(17)

Recreation, high-intensity commercial.

(18)

Recreation, low-intensity commercial.

(19)

Restaurant, standard.

(20)

Restaurant, fast-food.[4]

[4]

Editor’s Note: Former Subsection C(22), Seasonal cottage complex, added 4-12-2003, which immediately followed this subsection, was repealed 11-5-2013.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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]

(c)

Twenty hotel/motel units per acre of net area.

(3)

Minimum street frontage per lot: 50 feet.

(4)

Maximum lot coverage: 90%.

(5)

Maximum building height: 34 feet, not to exceed three stories. (See § 145-35I.)

(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]

Special provisions. No individual business use, except lodging facilities, shall occupy more than 5,000 square feet of gross floor area.

§ 145-26 General Business District.

[Amended 4-28-1995; 4-26-1996; 4-14-2000; 4-12-2003; 6-13-2006[1]; 11-6-2007; 6-8-2010; 6-14-2011; 6-11-2013; 11-5-2013; 6-9-2015; 6-14-2016; 6-13-2017; 6-13-2023; 6-11-2024; 11-5-2024; 6-4-2025; 11-4-2025]

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.

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.

(3)

Dwelling, one-family. (See also § 145-55.)

(4)

Dwelling, two-family.

(5)

Dwelling, multifamily. (See § 145-48.)

(6)

Livestock, domestic (small), limited to lots with a minimum lot size of 40,000 square feet.

(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.

(8)

Recreation, passive.

(9)

Timber harvesting.

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)

Affordable housing development. (See § 145-54.)

(2)

Agriculture which includes any structures.

(3)

Bank.

(4)

Bed-and-breakfast/small inn. (See § 145-52.)

(5)

Business, contractor.

(6)

Business, office.

(7)

Business, personal service.

(8)

Business, retail, including the manufacturing of any goods offered for sale on the premises.

(9)

Business, service.

(10)

Business, wholesale, having a gross floor area of less than 5,000 square feet.

(11)

Cemetery larger than 20,000 square feet in area.

(12)

Church.

(13)

Club.

(14)

Congregate care facility. (See § 145-58.1.)

(15)

Day-care home.

(16)

Day-care center/nursery school.

(17)

Drug abuse shelter.

(18)

Freestanding residential detoxification program.

(19)

Function hall.

(20)

Funeral home.

(21)

Hotel/motel. (See § 145-52.)

(22)

Life care facility. (See § 145-58.)

(23)

Medical care facility.

(24)

Municipal facility.

(25)

Museum.

(26)

Neighborhood convenience store.

(27)

Nursing home.

(28)

Parking lot, commercial.

(29)

Private non-medical institution (PNMI).

(30)

Public transportation shelter.

(31)

Public utility facility.

(32)

Recreation, active.

(33)

Recreation, high-intensity commercial.

(34)

Recreation, low-intensity commercial.

(35)

Recreation, medium intensity commercial.

(36)

Registered medical marijuana dispensary or cannabis store. A combined total of no more than three registered medical marijuana dispensaries or cannabis stores shall be allowed to be approved at any given time in the Town of Wells.

(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.

(41)

Tent and recreational vehicle park. (See § 145-50.)

(42)

Transportation facility.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(d)

Twenty hotel/motel units per acre of net area.

(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.

(5)

Maximum building height: 34 feet, not to exceed three stories. (See § 145-35I.)

(6)

Setbacks.

(a)

All structures shall be at least:

[1]

Fifteen 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.

(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.

Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, 145-33, Shoreland Overlay District, 145-48, Multifamily developments, and 145-54, Affordable housing.

Special provisions.

(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.

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)

(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.

(g)

See § 145-76, Design guidelines, established by the Planning Board.

[1]

§ 145-27 Harbor District.

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.

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]

(1)

Aquaculture without structures.

Concerts.

Public gatherings.

Fairs/bazaars.

Recreation, passive.

Recreation, low-intensity commercial (limited to uses requiring access to the water).

(7)

Shows (boat, craft, antique, etc.).

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)

Aquaculture involving any structures.

(2)

Estuarine and marine research and educational facility.

(3)

Marina.

(4)

Municipal facility.

(5)

Public transportation shelter.

[Added 11-6-2007[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection C(5) through (7) as Subsection C(6) through (8), respectively.

(6)

Public utility facility.

(7)

Recreation, active.

(8)

Restaurant, standard.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections C, D and E are prohibited within this district.

Dimensional requirements:

(1)

Minimum lot size: 5,000 square feet.

(2)

Minimum street frontage per lot: 50 feet.

(3)

Maximum lot coverage: 90% of lot area.

(4)

Maximum building height: 34 feet, not to exceed two stories. (See § 145-35I.)

Setbacks. All structures shall be located at least:

(1)

Six feet from any lot line other than the edge of a street right-of-way.

(2)

Four feet from the any lot line abutting any street right-of-way.

Note: See also §§ 145-13, Nonconforming structures, and 145-14, Nonconforming lots.

§ 145-28 Light Industrial District.

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.

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)

Recreation, passive.

(3)

Timber harvesting.

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]

(1)

Adult business establishment.

[Added 6-11-2019[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection C(1) through (23) as Subsection C(2) through (24), respectively.

(2)

Agriculture, including wholesale greenhouses.

(3)

Business, contractor.

Business, office.

Business, service.

Business, wholesale.

Manufacturing.

Medical marijuana cultivation and production facility.

[Added 6-13-2017[2]]

[2]

Editor's Note: This ordinance also redesignated former Subsection C(7) through (22) as Subsection C(8) through (23), respectively.

(9)

Motor vehicle rental.

(10)

Municipal facility.

(11)

Parking lot, commercial.

(12)

Public transporation shelter.

[Added 11-6-2007[3]]

[3]

Editor's Note: This ordinance also redesignated former Subsection C(10) through (20) as Subsection C(11) through (21), respectively.

(13)

Public utility facility.

(14)

Recreation, medium intensity commercial.

[Added 6-11-2013[4]]

[4]

Editor's Note: This ordinance also redesignated former Subsection C(12) through (21) as Subsection C(13) through (22), respectively.

(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]

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]

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(5)

Maximum building height: 45 feet, not to exceed three stories. (See § 145-35I.)

(6)

Setbacks. All structures shall be located at least:

[Amended 4-12-2003]

(a)

Twenty-five feet from any lot line except a railroad right-of-way line, if the structure is used for a use related to the railroad.

(b)

Twenty-five feet from the boundary of any cemetery.

(c)

Forty feet from any lot line abutting any street right-of-way.

Note: See also §§ 145-13, Nonconforming structures, 145-14, Nonconforming lots, and 145-33, Shoreland Overlay District.

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]

§ 145-29 Quarry Manufacturing District.

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.

Permitted uses. The following uses shall be permitted upon obtaining any required permits from the Code Enforcement Officer:

(1)

Agriculture.

(2)

Timber harvesting.

(3)

Recreation, passive.

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.

(3)

Mineral extraction, including processing. (See § 145-53.)

(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.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(4)

Maximum building height: 45 feet, not to exceed three stories. (See § 145-35I.)

(5)

Setbacks. All structures shall be located at least:

(a)

One hundred feet from any lot line other than those abutting the edge of a street right-of-way or a cemetery.

(b)

Forty feet from any lot line abutting any street right-of-way.

(c)

Twenty-five feet from the boundary of any cemetery.

Note: See also §§ 145-13, Nonconforming structures, and 145-14, Nonconforming lots.

§ 145-30 Rural District.

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.

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.

(4)

Dwelling, one-family. (See also § 145-55.)

(5)

Dwelling, two-family.

(6)

[1]Livestock, domestic (small), limited to lots with a minimum lot size of 40,000 square feet.

[Added 6-9-2015[2]]

[1]

Editor's Note: Former Subsection B(6), Dwelling, multifamily, was repealed 11-5-2024. This ordinance also renumbered former Subsection B(7) through (12) as Subsection B(6) through (11), respectively.

[2]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(7) and (8) as Subsection B(11) and (12), respectively.

(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.

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)

Bed-and-breakfast/small inn. (See § 145-52.)

(2)

Cemetery larger than 20,000 square feet in area.

(3)

Church.

(4)

Club.

(5)

Congregate care facility, in areas served by public water and sewer.

[Added 6-8-2010[3]]

[3]

Editor's Note: This ordinance also renumbered former Subsection C(5) through (23) as Subsection C(6) through (24), respectively.

(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]

(9)

[4]Kennel.

[4]

Editor’s Note: Former Subsection C(9), Housekeeping cottage complex, was repealed 11-5-2013. This ordinance also redesignated former Subsection C(10) through (23) as Subsection C(9) through (22), respectively.

(10)

Mineral extraction. (See § 145-53.)

(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]

(21)

Tent and recreational vehicle park. (See § 145-50.)

(22)

Transmission tower, radio.[5]

[5]

Editor’s Note: Former Subsection C(24), Seasonal cottage complex, added 4-12-2003, which immediately followed this subsection, was repealed 11-5-2013.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

Dimensional requirements:

(1)

Minimum lot size:

(a)

One hundred thousand square feet of net area.

(b)

Forty thousand square feet if located east of the Maine Turnpike and connected to public sewer.

(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[6]]

[6]

(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.

(5)

Maximum building height: 40 feet, not to exceed three stories. (See § 145-35I.)

(6)

Setbacks.

(a)

All structures shall be at least:

[1]

Twenty-five feet from any lot line.

[2]

Twenty-five feet from any lot line abutting any street right-of-way.

[3]

Forty feet from any lot line abutting the right-of-way of any state highway.

[4]

Twenty-five feet from the boundary of any cemetery.

(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[7]]

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.

[7]

Special provisions.

(1)

Subdivisions.

[Amended 11-5-2024]

(a)

All residential subdivisions containing more than four dwelling units shall be clustered on the site according to the provisions of § 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.

(b)

Subdivisions as multifamily developments are not allowed in the district.

(c)

Minor subdivisions which do not require open space shall require twice the lot line setbacks. If a residential cluster development, all land within the Aquifer Protection District shall be included within the common land or open space.

[Added 6-13-2017]

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)

(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.

(g)

See § 145-76, Design guidelines, established by the Planning Board.

§ 145-31 Aquifer Protection District.

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.

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)

Dwelling, one-family. (See also § 145-55.)

(3)

Dwelling, two-family.

(4)

Livestock, domestic (small), limited to lots with a minimum lot size of 40,000 square feet.

[Added 6-9-2015[1]]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(4) and (5) as Subsection B(6) and (7), respectively.

(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).]

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)

Mineral extraction. (See § 145-53.)

(2)

Municipal facility.

(3)

Public utility facility.

(4)

Recreation, active.

(5)

Transmission tower, radio.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

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.

(5)

Maximum building height: 40 feet, not to exceed three stories. (See § 145-35I.)

(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.

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.

§ 145-32 Resource Protection District.

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.

Permitted uses. The following uses are permitted upon obtaining any required permits from the Code Enforcement Officer:

(1)

Recreation, passive.

(2)

Wildlife habitat management. A written plan shall be approved by the Maine Department of Environmental Protection, if required, and a copy of said approval shall be provided to the Town of Wells.

[Added 6-12-2012]

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)

Aquaculture.

(2)

Municipal facility.

(3)

Public utility facility.

(4)

Piers, docks and wharves.

Uses prohibited.

(1)

Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C, D and G are prohibited within this district.

[Amended 11-2-1999]

(2)

New roads and driveways are prohibited unless approved by the Zoning Board of Appeals upon a finding that no reasonable alternative route or location is available outside the district.

[Amended 4-28-1995]

Dimensional requirements: none, except as may be required by the Planning Board for the protection of the public health and safety and as provided in Subsection G below.

[Amended 11-2-1999]

Note: See also §§ 145-13, Nonconforming structures, and 145-14, Nonconforming lots.

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]

§ 145-33 Shoreland Overlay District.

The provisions of this section shall apply to all uses, lots and structures within the Shoreland Overlay District.

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.

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.

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.

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.

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.

(c)

To protect water quality and wildlife habitat adjacent to Ell Pond, existing vegetation under three feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described in Subsections E(1)(a) and (b) above.

(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.

(f)

This Subsection E(1) shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.

(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.

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.

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.

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]

§ 145-34 Mobile Home Park Overlay District.

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.

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]

Permitted uses:

(1)

Mobile home park.

Site area and site width requirements. Mobile home park sites shall meet the following area and frontage requirements:

(1)

Sites served by public sewer:

(a)

Minimum site size: 5,000 square feet of net area.

(b)

Minimum road frontage per site: 50 feet.

(2)

Sites served by individual subsurface waste disposal systems:

(a)

Minimum site size: 20,000 square feet of net area.

(b)

Minimum road frontage per site: 100 feet.

(3)

Sites served by a central subsurface wastewater disposal system approved by the Maine Department of Human Services:

(a)

Minimum site size: 12,000 square feet of net area.

(b)

Minimum road frontage per site: 75 feet.

(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.

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.

(3)

All structures in a park shall meet the setback requirements of § 145-33, Shoreland Overlay District, of this chapter.

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.

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.

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.

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.

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:

(1)

The land within the park shall remain in a unified ownership, and the fee to sites or portions of sites shall not be transferred.

(2)

No dwelling unit other than a manufactured home shall be located within the mobile home park.

§ 145-34.1 Transportation Center District.

[Added 4-16-2004]

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.

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.

(16)

Hotel/motel. (See § 145-52.)

Uses prohibited. Except as permitted in § 142-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B and C are prohibited within this district. Uses that are not permitted in the district shall not be allowed as accessory uses in the district.

Dimensional requirements:

(1)

Minimum lot size: 20,000 square feet.

(2)

Maximum density: not applicable.

(3)

Minimum street frontage per lot: 100 feet.

(4)

Maximum lot coverage: 65%.

(5)

Maximum building height: 45 feet, not to exceed three stories. (See §145-35I.)

(6)

Setbacks. All structures shall be located at least:

(a)

Forty feet from any lot line abutting the Sanford Road (Route 9/109) right-of-way.

(b)

Twenty-five feet from any other lot line, except a railroad right-of-way line if the structure is used for a use related to the railroad.

(7)

Note: See also § 145-13, Nonconforming structures, § 145-14, Nonconforming lots, and § 145-33, Shoreland Overlay District.

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.

(2)

Notwithstanding § 145-71A, site plans in this district shall be reviewed by the Planning Board.

(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.

§ 145-34.2 College District.

[Added 11-7-2023]

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.

Permitted uses. The following uses are permitted upon obtaining any required permits from the Code Enforcement Officer:

(1)

Recreation, passive.

(2)

Timber harvesting.

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.

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.

Uses prohibited. Except as permitted in § 145-12, Nonconforming uses, and in Article VI, Town-Wide Regulations, uses not identified in Subsections B, C and D are prohibited within this district.

Dimensional requirements:

(1)

Minimum lot size: 100,000 square feet of net area.

(2)

Maximum density: none.

(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: 60% (20% within the Shoreland Overlay District).

(5)

Maximum building height: 45 feet, not to exceed three stories. (See § 145-35I.)

(6)