Town of Wells, ME Article VII Performance Standards

§ 145-48 Multifamily developments.

[Amended 11-6-2001; 6-10-2014; 6-11-2019; 6-14-2022; 11-5-2024; 11-4-2025]

A. Multifamily developments are allowed subject to the following performance standards in addition to the requirements of the districts in which the developments are located:

(1) A landscaped buffer the width of the required setbacks of Article V along all lot boundaries shall be required. The buffer strip shall not contain parking areas or structures, but may contain a perpendicular access driveway(s) or road(s) to connect with existing streets.

(2) No more than six dwelling units may be in any building.

(3) Multifamily or two-family dwelling structures shall be separated by at least 30 feet or a greater amount, as determined by the Planning Board or reviewing authority, in order to provide for sufficient access to light, air, emergency vehicle or personal, and privacy to each dwelling structure.

(4) One-family dwelling structures shall be separated by at least 30 feet.

(5) A buffer strip managed by the condominium association or lot owner shall be required on the property along any adjacent property line. The buffer strip shall be a no cut buffer and consist of natural vegetation, or the Planning Board or reviewing authority shall require natural evergreen plantings to establish a visual screen except at driveway locations. The buffer strip width shall be the required lot line setback of Article V along the adjoining lot line or greater if necessary, as determined by the Planning Board or reviewing authority, to screen the development from the view from adjacent property lines. The Planning Board or reviewing authority may require additional screening or restrict the removal of vegetation within the buffer.

(6) When a multifamily development abuts a Town way, a 200 foot wide buffer strip managed by the condominium association or lot owner shall be required from the street right-of-way limit. The buffer strip shall be a no cut buffer and consist of natural vegetation, or the Planning Board or reviewing authority shall require natural evergreen plantings to establish a visual screen, except at driveway locations. Utility and driveway locations shall be combined as one location.

(7) The open space shall consist of no more than 50% coastal wetland or freshwater wetland as defined in § 145-10 except freshwater wetlands shall also include wetlands dominated by trees or woody vegetation of any height in any district.

B. On any lot divided by a zoning district boundary line, the lot coverage for any portion of the lot lying within a specific zoning district shall not exceed the permitted lot coverage for that district, except as otherwise specified in § 145-48D through H below.

C. In any multifamily development abutting a residential use in a residential or rural zoning district, the landscape buffer shall include a visual screen abutting the residential use. Said visual screening shall consist of a continuous border of staggered evergreen shrubbery at least six feet in height, trees or, if required by the Planning Board, solid fencing six feet in height. Said multifamily development shall be screened from the view of any dwelling unit located within 200 feet of the multifamily development's boundaries. Said visual screening shall be owned in fee, managed and maintained by the owner or by an association of the owners of the development.

D. A multifamily development is permitted to satisfy its density, lot coverage and/or open space requirements by utilizing adjacent open space land if the Planning Board finds that both of the following criteria are met:

(1) The adjacent open space land is contiguous to the lot on which the multifamily development is located or separated by less than 100 feet by a street right-of-way; and

(2) The adjacent open space land meets all of the requirements of § 202-12B of the Wells Town Code.

E. Adjacent open space land used to satisfy a multifamily development’s density, lot coverage and/or open space requirements may be held in joint ownership, dedicated or conveyed to the municipality, a land trust, or other recognized conservation organization. Such reservation of open space may also be accomplished by incorporation into homeowners' association or condominium association documents or into restrictive deed covenants.

F. A multifamily development plan approved on or after June 10, 2014 seeking to utilize adjacent open space land to satisfy its density, lot coverage and/or open space requirements shall:

(1) Note an express condition that the adjacent open space land may not be used to meet the open space, density, and/or lot coverage requirements for any other development. Said restriction shall also be included in the deeds, condominium documents, and/or homeowners' association documents related to the multifamily development.

G. A multifamily development plan approved prior to June 10, 2014, is permitted to utilize adjacent open space land to satisfy density and lot coverage requirements for that multifamily development, provided that:

(1) The total area of the multifamily development and the adjacent open space land shall satisfy the open space, density, and/or lot coverage requirements for both the multifamily development and the adjacent property.

(2) The total area of the multifamily development and the adjacent open space required to meet the density and lot coverage requirements are noted on the approved subdivision plan(s) or within a certificate of amendment and shall be recorded at the Registry of Deeds in accordance with § 202-9C of the Wells Town Code.

(3) For any multifamily development approved prior to June 10, 2014, there is no requirement that an express restriction be included or added to the deeds, condominium documents, and/or homeowners' association documents related to the multifamily development.

H. Density. The maximum density of dwelling units permitted shall be the same as permitted in the district(s) in which the multifamily development is located, except as provided in § 145-54. To determine maximum density the following steps shall be taken:

(1) In order to determine the maximum number of dwelling units permitted on a tract of land the net residential acreage shall be determined by calculating net area and subtracting the area of common roads, stormwater facilities, utilities, fire protection systems and common parking or infrastructure.

(2) A development layout shall be submitted indicating the minimum required open space per § 202-12B.

(3) Innovative open space bonuses as specified in § 145-49D may be awarded by the Planning Board.

§ 145-49 Residential cluster development.

[Amended 11-7-2006; 6-14-2016; 6-14-2022; 11-5-2024]

The purpose of this section is to allow, by Planning Board approval, the clustering of one-family dwelling units. Clustering shall provide a more efficient use of land resulting in the preservation of natural land forms, wetlands, wildlife and waterfowl habitats, significant vegetation and agricultural lands, other natural resources, and historic sites. Notwithstanding other provisions of this chapter, the Planning Board may modify the dimensional requirements of this chapter as specified in this section to permit the clustering of one-family homes. Such modifications shall not be construed as the granting of a variance to relieve hardship.

A. Permitted locations. Residential cluster development shall be permitted in all zoning districts where residential development is allowed. All areas of a cluster subdivision located within the Aquifer Protection District or the Shoreland Overlay District shall be dedicated as undeveloped open space.

B. Density. The maximum density of dwelling units permitted shall be the same as permitted in the district(s) in which the cluster development is located, unless density bonuses are granted in accordance with § 145-49D. To determine maximum density the following steps shall be taken:

(1) In order to determine the maximum number of dwelling units permitted on a tract of land the net residential acreage shall be determined by calculating net area and subtracting 15% of the area of the lot to account for roads and other infrastructure such as stormwater facilities, parking and common utilities.

(2) A cluster development layout shall be submitted indicating a minimum of 50% open space and shall depict significant natural and historical features.

C. Dimensional requirements.

(1) The minimum lot sizes may be reduced to the following dimensions depending on whether or not served by public sewer:

Served by Public Sewer
Type of Dwelling		RA, GB and RC Districts (square feet)
One-family dwelling		10,000
Type of Dwelling		Rural District (square feet)
One-family dwelling		20,000

Not Served by Public Sewer
Type of Dwelling		Rural District (square feet)
One-family dwelling		43,560
Type of Dwelling		RA and RC Districts (square feet)
One-family dwelling		30,000

(2) The required setbacks from lot lines and from street rights-of-way within the cluster development shall be the same as required in Article V, District Regulations.

(3) The required street frontage on a proposed private street may be reduced to no less than 50 feet. The required street frontage on a Town way may not be reduced, except lots within the Rural District may reduce street frontage on a Town way to no less than 150 feet.

(4) A buffer strip owned in fee by the homeowners' association shall be required along any adjacent property line. The buffer strip shall be a no cut buffer except at driveway locations and shall consist of natural vegetation, or the Planning Board shall require natural evergreen plantings to establish a visual screen. The buffer strip width shall be twice the required setback along the adjoining lot line. The Planning Board may require additional screening or restrict the removal of vegetation within the setback to provide a buffer between higher and lower density development.

(5) When a cluster subdivision abuts a Town way, a 200 foot wide buffer strip owned in fee by the homeowners' association shall be required from the street from the street right-of-way limit. The buffer strip shall be a no cut buffer except at driveway locations and shall consist of natural vegetation, or the Planning Board shall require natural evergreen plantings to establish a visual screen, except at driveway locations. Utility and driveway locations shall be combined as one location.

(6) The open space shall consist of no more than 50% coastal wetland or freshwater wetland as defined in § 145-10 except freshwater wetlands shall also include wetlands dominated by trees or woody vegetation of any height in any district.

D. Innovative open space bonus. At least 50% of the total parcel acreage in a cluster subdivision must be designated as open space and protected as such in perpetuity. At the discretion of the Planning Board the applicant may earn density bonuses in addition to the maximum density permitted in § 145-49B. The applicant may seek application of more than one density bonus as set forth below, and the total density bonus earned shall be cumulative. However, in no case shall the total density bonus allow the overall subdivision density to exceed the maximum density allowed in § 145-49B above by more than 10%. Density calculations, including all awarded open space bonuses, shall be shown on the subdivision plan.

(1) An open space cluster plan that allows public access to the open space may be awarded a density bonus of 5%. The nature of public access required to trigger this bonus is pedestrian traffic. The instrument granting access, acceptable to the Planning Board, may reasonably restrict the use of motorized vehicles.

(2) An open space cluster plan that effectively links large areas of the dedicated open space to adjoining dedicated open space may be awarded a density bonus of 5%.

E. Aquifer Protection District.

(1) All land within the Aquifer Protection District shall be included within the common land or open space;

(2) All stormwater facilities and development shall be located outside the Aquifer Protection District. Stormwater undisturbed natural buffers may be located in the Aquifer Protection District.

F. Management of open space. The open space portion of the cluster development site shall be permanently dedicated open space by covenant recorded at the Registry of Deeds and shown on the recorded subdivision plans. No more than 2% of the open space shall be impervious surfaces that are accessory to the proposed use of open space (i.e., roads, parking areas, sheds, etc.), of which total structural coverage shall not exceed 600 square feet. Nonroofed or elevated structures (i.e., walking paths) are allowed. The designated open space shall not be used for additional building lots.

(1) Prior to the sale of any lots, the open space shall be controlled by one or more of the following methods:

(a) Ownership by an association of the owners of the dwelling units within the development;

(b) Ownership by an association of the owners of the dwelling units within the development with a conservation easement granted to the Town or recognized conservation organization;

(c) Dedication to the Town as public open space; and/or

(d) Transfer, with permanent restrictions, to a land trust or other recognized conservation organization.

(2) The developer may structure the control of the common open space in one or more of the above methods. The Planning Board shall approve the arrangements for the ownership, control and maintenance of the common open space as part of the subdivision approval. No changes in use or management of the common open space shall be made without the approval of the Planning Board.

G. Homeowners' association management of open space. If the open space will be owned and/or managed by the owners within the cluster development, then a homeowners' association shall be created to own and manage the common lands and facilities. Covenants for mandatory membership in the homeowners' association, setting forth the owner's rights, interest and responsibilities, and providing for the assessment of lots or units to fund common expenses shall be required and approved by the Planning Board and shall be included in the deed for each lot. The documents shall also include a management plan for the common open space and facilities.

§ 145-50 Tent and recreational vehicle parks.

Tent and recreational vehicle parks shall conform to the minimum requirements imposed under state licensing procedures and the following standards:

A. Parks shall be open only between April 15 and October 31, inclusive. From November 1 of one year to April 14 of the following year, no person shall occupy any site, the water services to all sites shall be turned off or disconnected, and the electrical service to all sites shall be turned off or disconnected.

B. All sites shall have an area of at least 1,000 square feet and shall have an average width of at least 30 feet. Sites to be occupied by park model recreational vehicles shall have an area of at least 2,000 square feet and shall have an average width of at least 40 feet. Any site located entirely or partially within the Shoreland Overlay District shall contain at least 5,000 square feet of area. Roads, parking areas, walkways, land supporting wetland vegetation and land below the high-water line of a water body or tributary stream shall not be included in calculating the area of a site.

C. Two parking spaces for passenger vehicles shall be provided for each recreational vehicle site. One parking space for a passenger vehicle shall be provided for each tenting site. The parking spaces shall be on or within 200 feet of the site. No parking space may block walkways or interfere with traffic flow within the park.

D. No rigid enclosed addition shall be affixed to a recreational vehicle other than a recreational vehicle accessory enclosure as herein defined.

E. The areas intended for placement of a recreational vehicle, tent or shelter and utility and service buildings shall be set back at least 100 feet from the high-water line of Ell Pond and 75 feet from the high-water line of other water bodies, tributary streams or the upland edge of a wetland.

F. There shall be a buffer strip of at least 25 feet in width adjacent to all lot lines, and any of the park sites or facilities shall be screened from the view of any dwelling unit located within 200 feet of the park's boundaries.

§ 145-51 Home businesses.

[Amended 6-12-2012; 6-13-2017; 6-18-2019]

A home business is permitted as an accessory use by the occupant of a dwelling unit if it complies with the following standards:

A. There shall be three classes of home businesses, as follows:

(1) Class 1:

(a) Located within the principal residential structure only.

(b) Shall occupy up to 20% of habitable space, not to exceed 500 square feet.

(c) Not more than one employee, other than the home's occupants, may work on site at any time, and one additional on-site parking space shall be provided if there is such an employee.

(d) No outdoor activity or storage of materials shall be permitted.

(e) Adequate on-site parking shall be provided for the residence, customers and employees.

(f) Minimum lot size: none.

(2) Class 2:

(a) May be located in the principal residential structure or an accessory structure.

(b) Shall occupy 800 square feet or less of floor space.

(c) Not more than two employees, other than the home's occupants, may work on site at any time, and one on-site parking space shall be provided per employee, if there are such employees, in addition to on-site parking required for the residence and customers.

(d) Outdoor activity or storage of materials shall be permitted in an area not to exceed 1,600 square feet, provided the area meets structure setbacks and the area is screened from roads and abutters.

(e) To the extent a home business involves off-site activity (landscaper, carpenter, etc.), up to three additional workers may gather, prepare briefly, load vehicles, unload vehicles associated with the home business, provided that at least 3/4 of the workday for these other workers is spent working off site. Adequate on-site parking for workers shall be provided.

(f) Minimum lot size: 20,000 square feet of net area.

(3) Class 3:

(a) May be located in the principal residential structure or an accessory structure.

(b) Shall occupy 1,600 square feet or less of floor space.

(c) Not more than three employees, other than the home's occupants, may work on site at any time, and one additional on-site parking space shall be provided per employee, if there are such employees, in addition to on-site parking required for the residence and customers.

(d) Outdoor activity or storage of materials shall be permitted in an area not to exceed 4,400 square feet, provided the area meets structure setbacks and the area is screened from roads and abutters.

(e) To the extent a home business involves off-site activity (landscaper, carpenter, etc.), up to five additional workers may gather, prepare briefly, load vehicles, unload vehicles associated with the home business, provided that at least 3/4 of the workday for these other workers is spent working off site. Adequate on-site parking for workers shall be provided.

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

B. Types of home businesses permitted by class. For each class of home business, the types of permitted home businesses shall comply with the following table in § 145-51B.

(1) Home businesses may include only the following uses as defined in § 145-10, as limited for each class in the following table, and shall be subject to any restrictions or prohibitions outlined in § 145-51B(2):

	Use	Class 1	Class 2	Class 3
	Business, retail	No	No	Yes
	Business, office	Yes	Yes	Yes
	Business, personal service	Yes	Yes	Yes
	Business, service	Yes	Yes	Yes
	Business, contractor	Yes	Yes	Yes
	Business, wholesale	Yes	Yes	Yes
	Manufacturing	Yes	Yes	Yes

(2) Class restrictions:

(a) Home businesses shall not include funeral homes or the redemption of beverage containers.

C. General standards. The following shall apply to all home businesses:

(1) Visual appearance. A home business shall be conducted in a manner that minimizes any adverse visual impact on the neighborhood. The structure shall not be altered in a manner inconsistent with its residential character. Outdoor illumination shall be limited to that normal and customary for single-family housing (such as a customary porch light, garage light or walkway light).

(2) Signs. A home business shall comply with § 145-40.

(3) All home businesses shall be permitted on-site retail activity that is incidental and subordinate to the home business uses (e.g., a music teacher selling sheet music to one of the students or a hair dresser selling hair product to a client). All retail activity and sales of merchandise shall be located within an enclosed structure.

(4) Class 2 and Class 3 home businesses may include the selling of products, the major portion of which is raised or produced on the premises.

(5) Traffic. All home business related traffic shall not exceed the maximum number of peak hour trips based on Class 1 not exceeding four peak hour trips, Class 2 not exceeding eight peak hour trips, and Class 3 not exceeding 12 peak hour trips. Customer traffic shall be limited to daytime hours only.

(6) Screening. All home businesses shall be screened in accordance with § 145-38.

(7) Impact limits. Home businesses shall limit their generation of vibrations, smoke, dust, heat, glare or odor such that they do not create a nuisance or an unreasonable adverse impact perceptible beyond its lot lines. Storage or use of hazardous or toxic materials shall be in compliance with the requirements of the National Fire Protection Association (NFPA) standards. Home businesses shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. Home businesses shall make adequate provisions for access by fire-fighting equipment and personnel.

(8) Water quality. No home business shall cause any liquid, gaseous, or solid materials to run off, seep, percolate, or wash into surface or ground waters such that any pollutant or constituent or derivative thereof attains a concentration in ground or surface water above current public health drinking water standards for Maine.

(9) Parking. Parking spaces and safe vehicular access shall be configured on the property to prevent the need to back out onto roads or streets.

(10) Water supply and sewage disposal. Home businesses shall demonstrate the availability of adequate water supply for fire protection and consumption needs and shall provide for the safe disposal of all wastewaters for the home business and residence.

D. A building permit and certificate of occupancy shall be obtained from the Code Enforcement Officer prior to establishment of a home business.

E. Existing nonconforming or unlawful home business.

(1) Prior to June 12, 2014, any existing home business that is established by June 12, 2012, which is not operating under the control of an approved building permit/use permit from the Code Enforcement Office shall:

(a) Submit a building permit/use permit application containing the following information to the Code Enforcement Office:

[1] Description and type of home business, total gross floor area used by the home business within a structure, number of employees who reside on the premises and who do not reside on the premises, size of the parcel, location and total area of any outside storage, and total parking spaces provided; and

[2] Plot plan of the property identifying structures, parking areas, outside storage areas, zoning dimensional requirements conformance and compliance with § 145-51C.

(b) Apply for site plan approval if the home business type is a permitted use within the defined zoning district for the parcel of land on which the home business is located; or

(c) Discontinue home business operations.

(2) Any existing nonconforming or unlawful home business is prohibited from altering or amending its use after June 12, 2012, without complying with § 145-51E.

(3) Failure of any home business to comply with § 145-51E(1) prior to June 12, 2014, shall be considered a violation of this chapter per §§ 145-63 and 145-64.

(4) Any existing nonconforming or unlawful home business established by June 12, 2012, which does not conform to the requirements of § 145-51 may continue to operate, provided it has complied with § 145-51E(1) and shall not be permitted to increase or expand.

§ 145-52 Lodging facilities.

[Amended 4-12-2003]

A. Any lodging unit in a bed-and-breakfast or a hotel/motel that exceeds 470 square feet or a housekeeping or seasonal cottage that exceeds 600 square feet shall meet the density requirements for a dwelling unit located in the same district.

[Amended 11-5-2013]

(1) A porch or deck may be attached to each lodging unit and shall not be included in the footprint of the lodging unit unless the porch is heated and/or insulated.

(2) Any lodging unit existing on January 1, 1994, required to comply with any state or federal regulations for handicapped accessibility, may be enlarged beyond the maximum allowed footprint, provided that the expansion is the minimum area required to comply with the regulations.

B. Kitchen facilities are permitted in the individual units in housekeeping cottage complexes and in hotel/motels.

C. All motels, hotels and housekeeping cottages shall be connected to the public water and public sewer systems.

D. All lodging units, other than the unit occupied by the resident manager, shall be available to the traveling public and shall not be reserved for the exclusive use of the owner, his family and his friends.

E. Lodging facility office. All lodging facilities constructed after May 1, 2007, regardless of the number of units, shall maintain an office on the licensed premises or within 150 feet of the lodging facility’s site boundaries. Except as otherwise provided in § 150-83B(2), all lodging facilities constructed prior to May 1, 2007 having 10 or more units shall maintain an office on the licensed premises or within 150 feet of the lodging facility’s site boundaries. Except as otherwise provided in § 150-83B(2), if a lodging facility constructed prior to May 1, 2007 has less than 10 units, the Selectmen may waive the office requirement if the Selectmen find: (1) that adequate provision has been made to enable the public to reach an innkeeper and/or rental manager after hours; and (2) that there is public telephone access either on-site, or, within 150 feet of the lodging facility’s site boundaries. If granted, such a waiver shall be filed with the lodging facility’s business license and shall remain in effect so long as all of the conditions upon which it was granted continue to be satisfied. This subsection does not apply to a seasonal cottage complex that is created by the conversion of a housekeeping cottage complex to a seasonal cottage complex, provided that a housekeeping cottage complex that had an office prior to conversion shall maintain the office.

[Amended 4-27-2007]

F. Any nonconforming lodging facility that seeks site plan approval or an amendment to an approved site plan shall conform to the requirements of Subsections D and E(1).

G. Seasonal cottage facility.

(1) Kitchen facilities are permitted in the individual units of seasonal cottages.

(2) All seasonal cottages shall be connected to the public water and public sewer systems.

(3) All seasonal cottage units shall be available to the traveling public, but may be occupied by a single individual or group for a time period of up to six months.

(4) All seasonal cottages in a seasonal cottage complex shall be closed and the water service to the units turned off between November 1 and April 30 of the following year.

H. Housekeeping cottage complex conversion to seasonal cottage complex.

(1) As of January 1, 2003 no seasonal cottage complexes exist.

(2) A housekeeping cottage complex existing on January 1, 2003, may be converted to a seasonal cottage complex by applying to the Staff Review Committee for a change of use, following the procedures and requirements of Article X, Site Plan Approval.

(a) A note shall be added to the plan that states "All units shall be closed and water service to the units shall be turned off from November 1 through April 30 of the following year."

(b) If the complex is held in a condominium form of ownership, a copy of the condominium documents must be supplied, a current list of owners and a letter from the board of directors requesting the change of use.

(3) Construction of new seasonal cottages or other buildings or additions to seasonal cottages, buildings or other structures begun after the conversion of a housekeeping cottage complex to a seasonal cottage complex must comply with the requirements of § 145-52H, Seasonal cottage facility.

I. Hotel/motels shall meet the following criteria:

[Added 11-5-2013]

(1) A minimum lot size: three acres of net area.

(2) A minimum of 20 hotel/motel units in a single building.

(3) A minimum buffer between any street right-of-way which meets or exceeds the following:

(a) For a one-story building, a minimum setback of 40 feet;

(b) For a two-story building, a minimum setback of 60 feet;

(c) For a three-story building, a minimum setback of 80 feet;

(d) The buffer shall consist of trees, shrubs, plantings, grass, and mulch areas;

(e) Non-vegetated features such as access roads, walkways, and trolley stops may be allowed in the buffer;

(f) Two handicap-accessible parking spaces may be allowed in the buffer; and

(g) The buffer shall be approved by the Planning Board.

(4) There shall be a buffer strip of at least 25 feet in width adjacent to all lot lines of natural or planted vegetation.

(a) The buffer shall create a visual screen to existing residential uses.

(b) An access road may be allowed to cross the buffer.

(c) The buffer shall be approved by the Planning Board.

(5) A hotel/motel office shall be provided.

(6) Three-story buildings shall enclose all stairways.

(7) All facilities shall be connected to public water and public sewer systems.

(8) All buildings shall be constructed with sprinkler systems.

(9) Kitchen facilities are permitted in the hotel/motel units.

(10) Only gas fireplaces shall be permitted.

(11) Only one manager's dwelling unit may be permitted.

(12) The hotel/motel unit deck or enclosed porch shall not be insulated or climate controlled.

J. Bed-and-breakfast/small inns shall meet the following criteria:

[Added 11-5-2013]

(1) The dwelling unit, bed-and-breakfast/small inn room units, and common facilities shall be located within one building, except for accessory structures.

(2) The minimum lot size and minimum density shall meet the dimensional requirements of the zoning district for which the lot is located plus an additional 4,000 square feet per bed-and-breakfast/small inn room unit.

(3) A bed-and-breakfast/small inn office shall be provided.

§ 145-52.1 Hotel/motel seasonal worker housing.

[Added 6-4-2025]

To increase the availability of housing for employees of hotels/motels, any hotel/motel shall be allowed to house employees on-site seasonally subject to the following performance standards:

A. A maximum of one hotel/motel unit per 10 hotel/motel units may be utilized as a hotel/motel worker housing unit.

B. A maximum occupancy of two hotel/motel workers per a one bedroom hotel/motel housing unit or four hotel/motel workers per a two bedroom unit is permitted. No guests or family members of hotel/motel workers shall occupy the hotel/motel worker housing unit.

C. Any hotel/motel workers occupying a hotel/motel worker housing unit shall be employed by the hotel/motel employer as a full time employee, working a minimum of 30 hours per week at the hotel/motel where being housed.

D. A hotel/motel worker housing unit occupied by a hotel/motel worker is not subject to check-in and check-out requirements or restricted to any length of stay or closure requirements.

E. The hotel/motel employer shall maintain records of all hotel/motel worker housing units occupied by hotel/motel workers. Records shall include when occupancy commences, when occupancy ends, the unit number, the name and payroll records of hotel/motel workers occupying a unit.

F. The hotel/motel worker housing unit shall consist of a hotel/motel unit that provides sleeping, bathing, sanitary and kitchen facilities.

G. The number of hotel/motel worker housing units shall be identified annually on the lodging license application.

H. Employment information and payroll records with sufficient data to establish employment and hours shall be provided to the Town upon request.

I. A hotel/motel worker housing unit shall remain a hotel/motel unit subject to a lodging license and associated fees and inspections.

J. Occupancy of a hotel/motel unit by a hotel/motel worker shall only be allowed seasonally from April 1 through December 15.

§ 145-53 Mineral extraction.

A. Prior to April 24, 1994, any mineral extraction use which is not operating under the control of an approved site plan shall:

(1) Submit to the Code Enforcement Officer either:

(a) A plan prepared by a surveyor or professional engineer licensed by the State of Maine showing the boundaries of the lot, the limits of the area of the existing operation and existing topography of the subject site within 100 feet of any excavation or storage area at two-foot contours (contour information shall not be required for stored materials); or

(b) A file containing the following information:

[1] Tax map and lot number of the lot;

[2] A copy of the deed of the lot;

[3] A sketch of the lot showing the approximate size and location of the mineral extraction use; and

[4] A series of photographs showing the area of the mineral extraction use, its entrance(s) from the public road(s) and all working faces. The area included in each photograph shall be identified on the sketch of the lot; or

(2) Discontinue mineral extraction operations.

[Amended 4-28-1995]

B. Any mineral extraction use legally operating on April 24, 1993, may:

(1) Continue to operate according to an approved site plan;

(2) Continue to operate and expand the use by one acre in area without an approved site plan, provided that the use has complied with the requirements of Subsection A(1)(a). Any increase in area of more than one acre may only be done according to an approved site plan. The Planning Board shall recognize the legal nonconforming status of those portions of a site on which the mineral extraction use was present and on those portions may not impose any conditions which would exceed the requirements in effect when the use was established; or

(3) Remove up to 500 cubic yards of material in any two-year period from the lot without having obtained an approved site plan and without paving the entrance road as required in Subsection D(3), provided that the use has complied with the requirements of Subsection A(1)(b). No more than 500 cubic yards may be removed from any lot in any two-year period unless mineral extraction is a permitted use in the district in which the lot is located and an approved site plan has been obtained for the expanded use.

[Amended 4-28-1995]

C. Up to 100 cubic yards of material may be removed annually from a parcel of land for use on another parcel of land in the same ownership without having obtained site plan approval and without paving the entrance road as required in Subsection D(3).

D. All mineral extraction uses shall comply with the performance standards listed below. Any legally existing mineral extraction use which does not conform to these performance standards may continue to operate but may not increase the nonconformities.

(1) A vegetative buffer strip at least 100 feet in width shall be maintained along all lot boundaries, including the boundaries of cemeteries located on the lot on which the mineral extraction use is located. No existing vegetation shall be removed, except that a strip not to exceed 50 feet in width may be cleared for an access road, which shall cross the buffer strip at an angle of between 75º and 90º. Natural vegetation may be removed if the buffer is landscaped according to an approved site plan. The buffer strips between two mineral extraction uses may be removed upon the written agreement of both lot owners and recording of the agreement in the Registry of Deeds and referencing the recorded agreement on their respective site plans. Additionally the width of any buffer strip, except those adjacent to streets, may be reduced to not less than 25 feet if the abutting property owner(s) agree(s) to the reduction in writing and said agreement is recorded in the Registry of Deeds. For security reasons, buildings accessory to the mineral extraction use shall be allowed, with the approval of the Planning Board, in the buffer strip along their street frontage as long as they are located at least 100 feet from any side lot line and are visible from the street.

[Amended 11-6-2001]

(2) Any topsoil or subsoil suitable for the purposes of revegetation shall be stripped from the location of the extraction operation(s) and stockpiled for use in restoring the location after the extraction operation has ceased. Such stockpiles shall be protected from erosion using practices recommended by the York County Soil and Water Conservation District. Any topsoil in excess of that needed to restore the site may be removed from the site upon completion of the required site restoration work.

(3) The entrance road(s) shall be treated to minimize the generation of dust or mud. Any entrance road constructed after April 24, 1993, shall be paved a distance of at least 100 feet from the edge of the street which provides vehicular access to the operation.

(4) No equipment, stumps, debris, junk or other material shall be permitted on the site except those directly related to the mineral extraction use. The temporary storage of loam, clay, sand, gravel or stone from off the premises shall be permitted as an accessory use to a mineral extraction use. The storage of concrete without steel or iron showing and the storage of asphalt for recycling may be allowed with Planning Board and Department of Environmental Protection approval. Any temporary structures erected for use as part of a mineral extraction use shall be removed within 60 days after the cessation of operation.

[Amended 4-28-1995]

(5) The lowest point of any sand and gravel excavation shall be at least five feet above the seasonal high water table, defined as the highest point of the water table during the wettest month of the year. The operator of the operation shall, at the request of the Code Enforcement Officer, dig a test pit at least five feet deep to demonstrate compliance with this standard. Any area of an excavation site that was mined below five feet above the seasonal high water table before April 24, 1993, shall be deemed nonconforming and may not be expanded either horizontally or vertically.

[Amended 4-28-1995]

(6) Vehicular access to any mineral extraction site shall be limited during all inactive periods and nonworking hours by gates, fences, berms, wooded buffer areas or any other functional barriers.

(7) Any mineral extraction use shall employ erosion and sedimentation control measures as necessary to protect water bodies, tributary streams and wetlands from sedimentation and adjacent lots from erosion and sedimentation. Said erosion and sedimentation control measures shall be in accordance with the practices recommended by the York County Soil and Water Conservation District.

(8) The following regulations shall apply to all sites:

(a) No fuels, antifreeze, lubricants or hydraulic fluids shall be stored within any excavation area. They may be stored on site only if they are stored within a containment structure which would hold and prevent any of the fluid from entering the ground.

(b) Any refilling or draining of any fluids (e.g., fuel, hydraulic fluid, brake fluid or antifreeze) or repair of equipment on an extraction site shall take place only over an impermeable surface from which any spilled fluids can be collected and removed from the site. Said surface or container shall have a capacity of at least 20 gallons.

(c) Every extraction use shall have a plan, and the ability to implement the plan, for the containment and cleanup of any fuel or fluid spill on site.

(9) Any site, except rock and stone quarries, upon which a mineral extraction use is located shall be restored so that no grades exceed a slope of three horizontal to one vertical within two years of the cessation of any extraction at any site or at any one or more locations within a site. The sites shall be revegetated using the topsoil available on site according to the practices recommended by the York County Soil and Water Conservation District.

(10) The Planning Board shall, as part of its review process, consider the potential noise impacts of a proposed mineral extraction use. In situations where residential development may be impacted by the mineral extraction use, the Board may require a noise study. Enlarged buffers, noise barriers, limitation on hours of operation or any other physical improvement or operational procedure that would reduce the sound-pressure levels to the standards required in § 145-45 may be required.

E. Discontinuance of a mineral extraction use is defined as the excavation and removal from the premises of less than 500 cubic yards of material in any twenty-four-month period for mineral extraction uses operating under the requirements of Subsection B(1) and (2) or the removal of less than 20 cubic yards of material in any two-year period for mineral extraction uses operating under the requirements of Subsection B(3). The owner/operator shall provide the Code Enforcement Officer receipts or other documents substantiating the cubic yardage of material which has been hauled off the premises in the previous 24 months so that he may determine if the mineral extraction use has or has not been discontinued. If a mineral extraction use has been discontinued, it may not resume operation without having obtained site plan approval and met the standards of this section.

F. A performance guaranty, the form and amount of which are acceptable to the Town Manager, shall be given to the Town before the start of the extraction for any mineral extraction use approved by the Planning Board. The performance bond shall be of sufficient size to rehabilitate the mineral extraction site in accordance with the restoration plan approved by the Planning Board. If a mineral extraction use is discontinued (as defined in Subsection E) its approval shall expire, and the Town, after providing the owner and/or operator written notice of its intent, shall use the posted security to restore the site of the mineral extraction use in accordance with Subsection D(7) and (9).

[Amended 6-13-2017]

§ 145-54 Affordable housing.

[Amended 11-4-2025]

A. Affordable housing development that complies with the requirements of § 145-54A(1) through (8) is eligible for an increase in residential density of 2 1/2 times the maximum density that is otherwise allowed. If fractional results occur when calculating the maximum density, the number of allowed units shall be rounded down to the nearest whole number. Nothing in this section exempts an affordable housing development from any other requirements of this chapter.

(1) The affordable housing development must be (i) located in a designated growth area as identified within the Town of Wells Comprehensive Plan, or (ii) be served by a public, special district, or centrally managed water system and a public, special district, or other comparable sewer system, as those terms are defined by the Maine DECD Housing Opportunity Program Rule, codified at 19-100 C.M.R. Ch. 5, as amended.

(2) Adequate provision must be made to ensure that, in perpetuity, after completion of construction, occupancy of all units designated affordable in an affordable housing development will remain limited to households at or below 80% (for rental housing) or 120% (for owned housing) of the local area median income at the time of initial occupancy. Continued occupancy of rental housing shall be contingent on meeting the income limitations.

(3) For any affordable housing development that includes multifamily dwellings, eight or fewer dwelling units shall be permitted in each multifamily dwelling.

(4) The developer shall execute a restrictive covenant, recorded in the York County Registry of Deeds and enforceable by the Town and a third party acceptable to the reviewing authority, to ensure that the affordable housing units remain affordable. The restrictive covenant must run with the land and encumber the affordable housing development, be binding upon the developer (for rental housing) or the unit owners (for owned housing) and their successors and assigns, and must inure to the benefit of the Town of Wells and the third party. The restrictive covenant shall be approved by both the reviewing authority and the Board of Selectmen, and shall be executed prior to the issuance of a certificate of occupancy for any structure within the affordable housing development.

(5) A landscaped buffer strip shall be provided along the perimeter of an affordable housing development except where access roads into the development are located. The buffer strip shall have a width equal to the setbacks of the applicable zoning district along all lot boundaries. The buffer strip shall be owned in fee and managed by an association of the owners within the development. The buffer strip shall contain existing or planted trees and other vegetation and may include fencing as determined by the Planning Board. The reviewing authority may waive or modify this buffer requirement if it finds that the requirement will make the proposed subdivision financially unfeasible.

(6) Each unit within an affordable housing development shall have adequate water and wastewater services, as required by 30-A M.R.S.A. § 4364(5). Prior to the issuance of a certificate of occupancy, the permit holder must provide written verification to the Code Enforcement Officer that the unit is connected to adequate water and wastewater services.

(7) Adequate provision shall be made for the long-term maintenance, repair, and improvement of any private or common septic systems, individual private wells, and public water systems proposed to serve the affordable housing development, including a process of collection and enforcement to obtain capital improvement funds from the developer (for rental housing) or the unit owners (for owned housing).

(8) Affordable housing dwelling units are intended to create year-round housing. Therefore, affordable housing dwelling units can not be leased for a period of less than twelve (12) consecutive months.

§ 145-55 Accessory dwelling units.

[Amended 6-13-2017; 11-4-2025]

A. No more than one accessory dwelling unit shall be permitted on any lot containing one or more one-family dwellings, two-family dwellings or multifamily dwellings in all districts where such dwellings are permitted uses. An accessory dwelling unit that complies with the requirements of § 145-55A shall not be deemed a dwelling unit for purposes of determining minimum lot size and maximum density. Nothing in this section exempts an accessory dwelling unit from any other requirements of this chapter, including without limitation any shoreland zoning or subdivision requirements or street requirements.

(1) The lot on which the accessory dwelling unit is situated shall meet all the current dimensional requirements of this chapter for a one-family dwelling, two-family dwelling or multifamily dwelling or be a legally existing, nonconforming lot.

(2) The accessory dwelling unit shall contain no more than three rooms and a bathroom, shall have at least 190 square feet of net habitable area if attached and shall have at least 400 square feet of net habitable area if detached, and shall not exceed 800 square feet of net habitable floor area.

(3) If the accessory dwelling unit is located within or is attached to a one-family dwelling unit, two-family dwelling, or multifamily dwelling, the building containing the accessory dwelling unit shall have the exterior appearance of a single-family home.

(4) If the accessory dwelling unit is located within or is attached to a one-family dwelling unit, the accessory dwelling unit shall not occupy more than 35% of the habitable floor area of the building.

(5) If the accessory dwelling unit is detached, then it shall meet all applicable setback requirements unless it is located within an existing legally non-conforming structure, in which case the footprint of the existing structure shall not be expanded.

(6) The accessory dwelling unit shall have adequate water and wastewater services, as required by 30-A M.R.S.A. § 4364-B(7). Prior to the issuance of a certificate of occupancy, the permit holder must provide written verification to the Code Enforcement Officer that the accessory dwelling unit is connected to adequate water and wastewater services.

(7) An accessory dwelling unit may not be subject to any additional parking requirements beyond the parking requirements of the single-family dwelling unit on the lot where the accessory dwelling unit is located.

(8) The accessory dwelling unit is to be considered a dwelling unit per 30-A M.R.S. § 4401 and may require subdivision review per Chapter 202.

(9) An accessory dwelling unit is permitted only when the one-family dwelling, two-family dwelling, multifamily dwelling, or accessory dwelling unit is owner-occupied.

(10) Accessory dwelling units and the principal dwelling unit, two family dwelling unit, and multifamily dwelling unit are intended to create year-round housing. Therefore, none of these dwelling units can be leased or occupied by persons other than an owner-occupant, or their guests who occupy the dwelling without compensation, for a period of less than six (6) consecutive months.

§ 145-56 Restoration of recycling facilities.

[Added 4-28-1995]

A. All recycling facility operators, except the Town of Wells, under § 145-28G(2) shall provide one of the following performance guaranties in an amount adequate to cover the total decommissioning costs and/or all site restoration improvements, taking into account the time span of the restoration schedule and the inflation rate:

(1) Either a certified check payable to the Town or a savings account or certificate of deposit naming the Town as owner for the establishment of an escrow account; or

(2) A performance bond payable to the Town issued by a surety company approved by the municipal officers or Town Manager.

B. The conditions and amount of the performance guaranty shall be determined by the Planning Board with the advice of the Town Engineer, Road Commissioner, municipal officers and/or Town Attorney.

§ 145-57 Temporary structures or solid waste dumpsters.

[Added 4-28-1995]

During construction or at special indoor or outdoor events, including but not limited to craft fairs, other fairs, concerts and athletic or social events, structures and/or solid waste dumpsters may be temporarily placed within 15 feet of a lot line(s) fronting a street. These structures and/or solid waste dumpsters shall not be within the structure setback for the district earlier than 48 hours before the event or construction starts and must not remain in the structure setback for the district longer than 48 hours after the event or construction concludes. All temporarily placed solid waste dumpsters shall be emptied as needed.

§ 145-58 Life care facilities.

[Amended 4-26-1996; 11-6-2012; 6-11-2024[1]]

A. A life care facility must be served by public sewer and public water.

B. A life care facility may include one or more of the following as accessory uses:

(1) Day-care center for persons age 65 or older, or for physically or mentally disabled persons.

(2) Day-care center for children of employees of the life care facility, personal service business and/or retail business for residents of the life care facility.

C. The minimum lot size for a life care facility shall be 100,000 square feet of net area. Notwithstanding the dimensional requirements of Article V of this chapter, the maximum density for life care facility dwelling units is eight units per net acre.

D. Life care facility dwelling units are exempt from multifamily development standards § 145-48 of this chapter.

E. Each life care dwelling unit of a life care facility must contain at least 600 square feet of gross floor area and may contain no more than 1,850 square feet of gross floor area. Each life care unit shall have a maximum of two bedrooms. Each life care unit shall have a minimum of a one-car ADA garage. All life care dwelling units and shared community space in the life care facility shall be protected by the use of fire suppression sprinkler systems.

F. Overnight guests are allowed to stay with the occupants of the life care facility dwelling units but for no longer than eight consecutive nights or eight nights during any one-month period, except as allowed under Subsection G.

G. One or more adult care providers over the age of 18 are allowed to occupy a life care facility dwelling unit provided that person's presence is required to care for one of the elderly or physically or mentally disabled occupants.

H. No life care facility dwelling unit may be sublet.

I. Continuing qualification of occupants. If, because of the death, relocation (not by divorce), or absence of any person of a household over the age of 65 or absence of a disabled person, a unit would no longer qualify as a life care unit, the surviving or remaining spouse or guardian who uses the unit as a principle residence may continue to occupy the life care unit provided that no additional person who does not qualify shall occupy the unit.

J. Buildings and structures shall be separated by at least 15 feet. In a life care facility, buildings may be connected by use of walkways, covered and/or enclosed, but such a connection shall not be considered as causing two or more buildings or structures to be considered as one.

K. Two parking spaces per life care dwelling unit shall be provided.

L. In any life care facility development abutting a residential use in a residential or rural zoning district, the setback shall be equal to at least two times the required structure setback or 25 feet, whichever is greater (e.g., required fifteen-foot setback x 2 = 30 feet). This setback requirement shall not be required when the lot adjacent to any proposed life care facility is undeveloped. In such case, the normal setback requirements of the zoning district in which the facility is to be located shall govern.

M. All life care housing dwelling units and shared community space within a life care facility shall be constructed as ADA accessible units and shall meet the requirements of the Americans with Disabilities Act[2] requirements and be designed by a licensed design professional:

(1) Units shall include a compliant bedroom and full compliant bathroom on the first floor.

(2) Accessible floor and ground surfaces, kitchen facilities, bathroom facilities, laundry facilities, fire alarm systems, electrical switches and outlets.

(3) Accessible railings and grab bars in appropriate locations.

(4) A minimum of one accessible entrance at an exterior door.

(5) Accessible hardware on doors.

(6) Accessible sidewalks, walkways, ramps, and parking shall be concrete or pavement and a minimum of five feet in width.

(7) Accessible public use or shared areas.

(8) All second and third floors of buildings to be compliant and designed to accommodate potential installation of elevators or chair lifts.

(9) Life care dwelling units shall have a minimum of a one-car garage. The garage shall include a ramp into the dwelling unit to meet ADA requirements.

(10) Exterior alarm klaxon systems installed.

(11) Generators or other form of backup power supply installed for each building other than small accessory structures.

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

N. Life care facilities shall provide common or shared buildings for the following on-site amenities to be available to residents of the life care facility and not the general public.

(1) Housekeeping services to support independent or semi-independent living.

(2) Shared community space shall consist of meeting or sitting rooms, medical exam or treatment rooms (one exam/treatment room per 10 life care dwelling units), recreational rooms or spaces, clubhouse, pools with pool houses or combination of facilities as determined by the Planning Board based on the number of life care dwelling units and services.

(3) Personal care services.

(4) Assisted living and transportation services.

(5) Sidewalks along proposed streets required.

(6) Sidewalks meeting the standards of Chapter 201 shall be required along any street frontage along Route One, Route 109, Route 9A, Route 9B and Route 9.

[1] Editor's Note: This ordinance also provided that notwithstanding the provisions of 1 M.R.S.A. § 302 and regardless of the date on which these amendments are approved by voters, these amendments shall govern any and all applications for permits and approvals required under Chapter 145 (Land Use) of the Code of the Town of Wells that were received or that were pending before any official, officer, committee or board at any time on or after 1-23-2024.

§ 145-58.1 Congregate care facilities.

[Added 6-8-2010; amended 6-11-2024[1]]

A. Congregate care facilities are allowed subject to the following performance standards in addition to the requirements of the districts in which the developments are located.

B. Congregate care facilities may be placed only on properties served by public water (defined as water provided by the Kennebunk, Kennebunkport & Wells Water Company or its successors) and public sewer (defined as sewerage services provided by the Wells Sanitary District or its successors).

C. Notwithstanding the dimensional requirements for dwelling units within a particular zoning district, congregate housing dwelling units in a congregate care facility shall be permitted at one unit for every 2,500 square feet of net area. A minimum of four congregate housing dwelling units shall be located in each building containing congregate housing dwelling units. Congregate housing dwelling units are not subject to the multifamily development standards of § 145-48. Single-family or two-family dwelling unit (duplex) and multifamily dwelling units within a congregate care facility shall not be permitted.

D. The minimum lot size for a congregate care facility shall be 200,000 square feet net area in contiguous ownership. In the event that a developer will own a lot or lots separate from the lot on which the buildings of the congregate care facility will be located (e.g. for parking, see below), the net area square footage of the noncontiguous lots shall not be counted in computing the 200,000 square foot minimum lot size.

E. A vegetated buffer which includes live landscaping or vegetation of at least 15 feet in width along all lot boundaries of developed properties which creates a visual screen along the lot lines shall be required. The buffer strip shall not contain parking areas or structures but may contain a perpendicular access driveway(s) or road(s) to connect with existing streets. Said visual screening shall consist of a continuous border of staggered shrubbery at least six feet in height, trees or, if required by the Planning Board, solid fencing an average of six feet in height. Said visual screening shall be owned in fee, managed and maintained by the owner or owners of the development.

F. All buildings containing congregate housing dwelling units or shared community space or dining facilities shall be protected by use of fire suppression sprinkler systems.

G. Buildings shall be separated by at least 15 feet. In a congregate care facility, buildings may be connected by use of walkways, covered and/or enclosed, but such a connection shall not be considered as causing two or more buildings or structures to be considered as one. All walkways shall be concrete or pavement.

H. Parking.

(1) Congregate care facilities shall have at least one parking space for each employee on the two largest shifts combined.

(2) The Planning Board may seek the services of a consultant in parking matters, and the applicant shall be responsible for payment of any and all fees of such consultant.

(3) The Planning Board may, subject to conditions that it may impose, permit some, but not all, of the parking for a congregate care facility to be located other than on the lot or lots which comprise such facility, and there shall be restrictions to this effect placed in all of the deeds associated with the congregate housing development.

(4) Where the Planning Board makes written findings of fact that there are special circumstances of a particular lot, it may waive portions of the parking requirements contained herein, to permit more practical and economical development, provided that the public health, safety and welfare are protected. Any waivers granted hereunder are not a variance and may be granted by the Planning Board in the absence of hardship. In granting waivers to these parking requirements, the Board shall require such conditions as to assure that the objectives of these parking requirements are met. In the event of conflict between this subsection and any other provision of this chapter or any other ordinance, this subsection shall control.

I. On any lot divided by a zoning district boundary line, the lot coverage for any portion of the lot lying within a specific zoning district shall not exceed the permitted lot coverage for that district.

J. In the event that the owner(s) of a congregate care facility wish(es) to convert such a facility to some other residential use, such conversion will be subject to review and approval by the Planning Board of the Town of Wells. Any such conversion will be subject to the density requirements for dwellings within the district where the congregate care facility is located, and neither the Planning Board nor the Zoning Board of Appeals may change or alter such densities except as may be appropriate under the requirements for a multifamily development per § 145-48. The limitations on multifamily dwellings and multifamily development as may exist in the Wells Code shall apply to any such conversion.

K. In any congregate care facility development abutting a residential use in a residential or rural zoning district, the setback shall be equal to at least two times the required structure setback or 25 feet, whichever is greater (e.g., required fifteen-foot setback x 2 = 30 feet). This setback requirement shall not be required when the lot adjacent to any proposed congregate care facility is undeveloped. In such case, the normal setback requirements of the zoning district in which the facility is to be located shall govern.

L. All congregate housing dwelling units within a congregate care facility shall be constructed with a minimum of 300 square feet of gross floor area and a maximum of 600 square feet of gross floor area. Congregate housing dwelling units shall be constructed as ADA accessible units and shall meet the requirements of the Americans with Disabilities Act[2] requirements and be designed by a licensed design professional to meet the following standards:

(1) Accessible floor and ground surfaces, kitchen facilities, bathroom facilities, laundry facilities, fire alarm systems, electrical switches and outlets.

(2) Accessible railings and grab bars in appropriate locations.

(3) Accessible entrance at exterior door or garage.

(4) Accessible hardware on doors.

(5) Accessible sidewalks, walkways, ramps, and parking shall be concrete or pavement and a minimum of five feet in width.

(6) Accessible public use or shared areas.

(7) All two- and three-story buildings to be compliant and constructed with elevators.

(8) All units shall have alarm systems that are linked and monitored.

(9) Generators or other form of backup power supply installed for each building other than small accessory structures.

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

M. Congregate care facilities shall provide common or shared buildings for the following on-site amenities to be available to residents of the congregate care facility and not the general public.

(1) Personal service business uses to support independent or semi-independent living.

(2) Congregate care facilities shall include shared community space and shared dining facilities.

(a) The shared dining facilities shall include a state-licensed kitchen and shall be capable of providing seating for at least 60% of the total number of residents at the congregate care facility, less the number of such residents who may be living in a nursing home on the property and do not take meals other than in their rooms or some other supervised dining arrangement.

(b) The shared community space to consist of meeting or sitting rooms, recreational rooms or spaces, entertainment spaces, pools or pool houses.

(3) Business office uses or medical clinic to provide space for physicians, nurses, therapists and other associated medical needs to be conducted. A pharmacy may also be permitted.

(4) Business office uses to provide space for congregate care facility property management and maintenance.

N. No dwellings or congregate housing dwellings in a congregate care facility may be sublet.

O. Sidewalks meeting the standards of Chapter 201 shall be required along any street frontage along Route One, Route 109, Route 9A, Route 9B and Route 9.

P. Sidewalks along proposed streets required.

[1] Editor's Note: This ordinance also provided that notwithstanding the provisions of 1 M.R.S.A. § 302 and regardless of the date on which these amendments are approved by voters, these amendments shall govern any and all applications for permits and approvals required under Chapter 145 (Land Use) of the Code of the Town of Wells that were received or that were pending before any official, officer, committee or board at any time on or after 1-23-2024.

§ 145-58.2 Registered medical marijuana dispensaries or cannabis store.

[Added 6-14-2011; amended 6-13-2023[1]; 6-4-2025]

A. Registered medical marijuana dispensaries or cannabis stores are allowed subject to the following performance standards in addition to the requirements of the districts in which the dispensaries are located.

B. Notwithstanding any other provision of the Wells Code, a combined total of no more than three registered medical marijuana dispensaries or cannabis stores shall be allowed to be approved at any given time in the Town of Wells. "Approved" means a property which has received a site plan approval from the Wells Planning Board.

C. Notwithstanding any other provision of the Wells Code, all registered medical marijuana dispensaries or cannabis stores must be reviewed by the Wells Planning Board, and not by the Staff Review Committee. Any change in use from a registered medical marijuana dispensary to a cannabis store requires a site plan amendment reviewed by the Planning Board. No change in use shall be approved by the Planning Board if, by doing so, it would result in a combined total of more than three registered medical marijuana dispensaries or cannabis stores being approved in the Town of Wells.

D. Registered medical marijuana dispensaries and cannabis stores must meet all of the standards and conditions imposed by the Maine Department of Administrative and Financial Services issued under the aegis of the Maine Medical Use of Cannabis Program. Cannabis stores must meet all of the standards and conditions imposed by the Maine Department of Administration and Financial Services issued under the aegis of the Maine Office of Cannabis Policy.

E. Notwithstanding the Maine Department of Administrative and Financial Services Rules Governing the Maine Medical Use of Cannabis Program, no registered medical marijuana dispensary or cannabis store in Wells may be located where any of the lot lines of the lot on which the dispensary or cannabis store will be located are within 2,000 feet of the lot line of any preexisting public or private school facility; or any preexisting and licensed child-care facility.

F. There shall be opaque windows or walls for any building involved in the registered medical marijuana dispensary or cannabis store, so that the interior is completely screened from lot lines and from any person passing along the normal street boundaries of the lot on which it is located.

G. All buildings associated with a medical marijuana dispensary or cannabis store facility shall be protected by use of fire suppression sprinkler systems, or other effective fire suppression system that may be approved by the Chief of the Wells Fire Department.

H. The registered medical marijuana dispensary or cannabis store shall have a Knox-Box® and shall provide the Fire Department with the necessary information to allow entry by Fire Department personnel in the event of an emergency at the location.

I. A registered medical marijuana dispensary shall have at least one parking space for each employee on the two largest shifts combined, and such additional customer parking as may be required by the Planning Board. A cannabis store shall have at least 1 parking space for each 100 square feet of retail floor area (minimum 10 spaces).

J. With any registered medical marijuana dispensary or cannabis store abutting a residential use, the setback shall be equal to at least two times the required structure setback or 25 feet, whichever is greater (e.g., required fifteen-foot setback x 2 = 30 feet). This setback requirement shall not be required when the lot adjacent to any proposed registered medical marijuana dispensary or cannabis store is undeveloped. In such case, the normal setback requirements of the zoning district in which the facility is to be located shall govern.

K. The operator of a registered medical marijuana dispensary or cannabis store must provide a security plan to the Chief of Police for the Town of Wells, who will provide the Planning Board with a report and recommendations for specific conditions of approval as regards required security measures to be incorporated. The requirements for this plan should be coordinated with the requirements for any security plan that the State of Maine may require for such a facility.

L. The hours of operation for any registered medical marijuana dispensary or cannabis store, including the hours that persons other than staff of the facility may be present, shall be limited. No sales or dispensing of materials or cannabis product may take place prior to 7:00 a.m. nor later than 8:00 p.m. on any day.

M. Signs for a registered medical marijuana dispensary or cannabis store may not contain any visual depiction of marijuana or marijuana paraphernalia.

N. Only qualifying patients, visiting qualifying patients, registered caregivers, as those terms are defined in 22 M.R.S.A. § 2422, as amended, or employees of the registered medical marijuana dispensary are allowed to enter the registered medical marijuana dispensary use building. The security plan for a registered medical marijuana dispensary shall include a method of controlling all entry into the building as approved by the Planning Board to adhere to this restriction.

O. Only persons over the age of 21 or employees of a cannabis store are allowed to enter the cannabis store use building. The security plan shall include a method of controlling all entry into the building as approved by the Planning Board to adhere to this restriction.

P. Any consumption or use of cannabis products or use of cannabis paraphernalia is prohibited in the building or associated parking areas.

Q. All dumpsters or other trash containers shall have a metal cover or lid that is locked at all times. Disposal of all cannabis byproducts shall be disposed of in a safe, sanitary and secure manner and in accordance with any applicable federal, state and local laws and regulations.

R. Drive-thru, curbside pickup, and automated dispensing of cannabis products from a cannabis store are prohibited. Any delivery of cannabis products by a cannabis store must meet all of the requirements of 28-B M.R.S. § 504(9).

S. Odor control measures shall be provided so that cannabis related odor is contained within the building and not perceptible by people on abutting properties or traveling on adjacent streets. Such measures could include carbon filtration, ventilation and exhaust systems or other practices to mitigate odors.

[1] Editor's Note: Part 6 of this ordinance also provided the following regarding the date of applicability and retroactivity: "Except as limited or prohibited by 30-A M.R.S. Section 3007(6), and notwithstanding the provisions of 1 M.R.S. § 302 or any other law to the contrary, and regardless of the Effective Date specified below, this Ordinance shall govern and apply to all proceedings and applications for Registered Marijuana Dispensaries and/or Standalone Registered Marijuana Dispensaries that were filed with the Town prior to December 20, 2022, or, that were or are pending before the Town on or at any time after December 20, 2022, that would result in the maximum number of said dispensaries allowed by this Ordinance to be exceeded."

§ 145-58.3 Medical marijuana cultivation and processing facilities.

[Added 6-13-2017]

Medical marijuana cultivation and processing facilities are allowed subject to the following performance standards in addition to the requirements of the districts in which the facilities are located:

A. Notwithstanding any other provision of the Wells Code, all medical marijuana cultivation and production facilities must be reviewed by the Wells Planning Board, and not by the Staff Review Committee or other reviewing authority.

B. Medical marijuana caregivers and facilities must meet all of the standards and conditions imposed by the State of Maine issued under the aegis of the Maine Medical Use of Marijuana Program.

C. Notwithstanding the Maine Rules Governing the Maine Medical Use of Marijuana Program, no medical marijuana cultivation and processing facility located in Wells may be located where any of the lot lines of the lot on which the facility will be located are within 1,000 feet of the lot line of any preexisting public or private school facility or any preexisting and licensed child-care facility.

D. There shall be opaque windows or walls for any building involved in the facility, so that the interior is completely screened from lot lines and from any person passing along the street boundaries of the lot on which it is located.

E. All buildings associated with the facility shall be protected by a fire detection and alarm system approved by the Chief of the Wells Fire Department. Emergency vehicle access shall be provided on a minimum of three sides of a building.

[Amended 6-14-2022]

F. The facility shall have a Knox-Box® at the security gate and building or shall provide emergency response personnel with the necessary information to allow entry in the event of an emergency at the location.

G. The facility shall have at least one parking space per 1,000 square feet of gross floor area, and such additional parking as may be required by the Planning Board.

H. No facility building shall be allowed to be constructed or occupied within 500 feet of an existing dwelling unit.

I. The operator of the facility must provide a security plan to the Chief of Police for the Town of Wells, who will provide the Planning Board with a report and recommendations for specific conditions of approval regarding required security measures to be incorporated. The requirements for this plan should be coordinated with the requirements for any security plan that the State of Maine may require for such a facility. A minimum of a chain link fence, six feet in height, is required surrounding the facility. Recordable video surveillance is also required. Exterior lighting must be sufficient to deter nuisance activity and facilitate surveillance.

J. The hours of operation for the facility, including the hours that persons other than staff of the facility may be present at a cultivation facility, shall be limited. No sales or dispensing of materials may take place at the facility.

K. Signs for the facility may not contain any visual depiction of marijuana or marijuana paraphernalia.

L. Vegetative buffers may be required by the Planning Board to create a visual screen or minimize odors.

M. The growing, cultivating, production, processing, testing, and/or storing of medical marijuana by a medical marijuana caregiver shall be located within a building. Said activities may not be conducted anywhere outside of a building.

§ 145-59 Elderly housing.

[Amended 4-26-1996]

Elderly housing, not a part of a life care facility, must meet the performance standards for multifamily developments in § 145-48 and the dimensional requirements of the district in which it is located.

§ 145-59.1 Wind energy conversion systems: accessory use.

[Added 11-3-2009]

A. Purpose. The purpose of this section is to promote the safe and effective use of wind energy conversion systems within the Town of Wells, and to provide a means by which such wind energy conversion systems may be regulated.

(1) The primary purpose of a proposed wind energy conversion system will be to provide mechanical or electrical power for the principal use of the property whereon said wind energy conversion system is to be located. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind energy conversion system designed to meet the energy needs of the principal use.

B. Noise. The wind energy conversion system and its location on the property involved shall be designed to limit any noise from said wind energy conversion system from exceeding noise levels as established elsewhere in this chapter. The WECS shall meet the requirements of any existing noise ordinance of the Town of Wells.

C. Variances. No variance shall be granted from the dimensional requirements of this chapter for wind energy conversion systems.

D. Design requirements: The following design requirements are the minimum requirements that shall be met prior to the granting of a building permit for a wind energy conversion system (WECS). It shall be the responsibility of the applicant to demonstrate that the proposed WECS meets these design requirements.

(1) Tower access. There shall be protection against climbing access by unauthorized persons. No climbing pegs shall be located closer than 12 feet to the ground level at the base of the WECS. A minimum six-foot-high fence with a locking gate shall be required to enclose any ladder effect at the base of the tower. As a minimum to assure this, the applicant must demonstrate that letter (a) or (b) below will be achieved in addition to the locked, protective fence:

(a) Tower-climbing apparatus located no closer than 12 feet from the ground;

(b) A locked anticlimb device installed on the tower.

(2) Electromagnetic interference. If it has been demonstrated to a Town Code Enforcement Officer that a wind energy conversion system is causing interference, the operator shall promptly mitigate the interference with the radio frequency communication that is traceable to the operation and/or location of the windmill. Mitigation shall be in accordance with all applicable sections of the Federal Communication Commission specifications.

(3) Signs. At least one sign with a minimum of 96 square inches and a maximum of 288 square inches shall be posted at the base of the tower warning of electrical shock.

(4) Lighting of tower. No lighting of the WECS shall be permitted except as required by the FAA for aircraft safety.

(5) All guy wires and anchors shall meet required setbacks of the district, and no guy wires shall pass over any aboveground electrical or other utility lines. For purposes of setback from wetlands only, guy wires and anchors shall not be considered a "structure."

(6) No commercial transmitting or receiving devices may be affixed or otherwise made a part of a WECS.

(7) Setbacks: Setbacks for the WECS (excluding guy wires) shall be a minimum of the height of the WECS plus the required setbacks for structures in the district.

(8) Appearance: WECS shall maintain a nonreflective finish unless FAA standards require otherwise.

(9) Signs: Towers shall not display any permanent or temporary signs, writing, systems, logos, or any graphic representation of any kind other than that of the manufacturer or warning signs. WECS towers and/or bases may not be used to display signage for a business or for other advertising.

(10) All WECS shall be designed with an automatic brake to prevent over-speeding and excessive stresses on the tower structure.

(11) A WECS shall not structurally interfere with other structures. Towers and blades shall meet manufacturers' recommended separation distances.

(12) The wind energy conversion system shall not create noise louder than that allowed under the Wells Code (see § 145-45) as measured at the property line.

E. State and federal requirements:

(1) Wind energy conversion systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or nonapplicability shall be submitted with the application.

(2) Wind energy conversion systems must comply with applicable building code, National Electric Code and other state and federal requirements.

F. Removal of unsafe wind energy conversion systems. Any wind energy conversion system found unsafe by the Code Enforcement Officer shall be shut down immediately and repaired to meet all federal, state or local safety standards whichever are more stringent or removed within 30 days. If the owner fails to repair or remove the system as directed, the Code Enforcement Officer may pursue legal action to have the system removed at the owner's expense.

§ 145-59.2 Substance abuse treatment programs.

[Added 6-14-2011]

A. Clinics, institutions, or other entities designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services are permitted subject to the following performance standards in addition to the requirements of the districts in which they are located.

B. Notwithstanding any other provision of the Wells Code, all clinics, institutions, or other entities designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services must be reviewed by the Wells Planning Board, and not by the Staff Review Committee.

C. Clinics, institutions, or other entities designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services must meet all of the standards and conditions imposed by the Maine Department of Health and Human Services.

D. No clinics, institutions, or other entities designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services in Wells may be located where any of the lot lines of the lot on which the activity will be located are within 1,000 feet of the lot line of any preexisting public or private school facility; or any preexisting and licensed child-care facility.

E. All buildings associated with a clinic, institution, or other entity designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services shall be protected by use of fire suppression sprinkler systems, or other effective fire suppression system that may be approved by the Chief of the Wells Fire Department.

F. The clinic, institution, or other entity designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services shall have a Knox-Box® or shall provide the Fire Department with the necessary information to allow entry by Fire Department personnel in the event of an emergency at the location.

G. A clinic, institution, or other entity designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services shall have at least one parking space for each employee on the two largest shifts combined, and such additional parking as may be required by the Planning Board.

H. With any clinic, institution, or other entity designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services abutting a residential use in a residential zoning district, the setback shall be equal to at least two times the required structure setback or 25 feet, whichever is greater (e.g., required fifteen-foot setback x 2 = 30 feet). This setback requirement shall not be required when the lot adjacent to any such proposed use is undeveloped. In such case, the normal setback requirements of the zoning district in which the facility is to be located shall govern.

I. The operator of a clinic, institution, or other entity designed and operated for the treatment of drug abuse and operating under the Regulations for Licensing and Certifying of Substance Abuse Treatment Programs issued by the Maine Department of Health and Human Services Division of Licensing and Regulatory Services must provide a security plan to the Chief of Police for the Town of Wells, who will provide the Planning Board with a report and recommendations for specific conditions of approval as regards required security measures to be incorporated. The requirements for this plan should be coordinated with the requirements for any security plan that the State of Maine may require for such a facility.

§ 145-59.3 Student housing and dormitory housing.

[Added 11-7-2023]

A. Student housing. A student is permitted to occupy a room or suite of rooms, known as a unit, within a student housing building provided the following conditions are met:

(1) The student is enrolled in and attending a college or vocational-technical school within the Town of Wells.

(2) Maximum density:

(a) Eight students per unit.

(b) Sixty-four students per building.

(c) Twenty units per acre of net area.

(3) A minimum of one parking space per student is provided on-site.

(4) Student housing units shall contain living, bathing and sanitary facilities, and a kitchen facility with sleeping rooms.

(5) All housing units shall be connected to public water and public sewer.

(6) All housing units shall be constructed with sprinkler systems.

(7) Appropriate on-site supervision shall be provided by the college at all times.

(8) The college shall be responsible for collecting all applicable room and/or rental fees and other charges, as a result of offering such housing.

(9) Student housing shall not be permitted for members of a student’s family or minors (persons under the age of 16) except to the extent the family member is a student who otherwise is qualified hereunder for student housing or as otherwise required by law.

B. Dormitory housing. Students are permitted to occupy a dormitory housing unit within dormitory housing buildings provided the following conditions are met:

(1) Students are enrolled in and attending a college or vocational-technical school within the Town of Wells.

(2) Maximum of three student occupants per dormitory housing unit.

(3) A minimum of one parking space per dormitory housing unit shall be provided on-site.

(4) Maximum density is 20 dormitory housing units per acre of net area.

(5) A minimum of 20 dormitory housing units shall be located within each dormitory housing building.

(6) Dormitory housing units shall be constructed with sprinkler systems.

(7) Three-story buildings shall enclose all stairways.

(8) Dormitory housing units shall be a minimum of 100 square feet in gross floor area and a maximum of 600 square feet in gross floor area.

(9) Dormitory housing buildings shall provide common laundry, sanitary, kitchen and/or living spaces.

(10) Dormitory housing units shall be connected to public water and public sewer.

(11) Appropriate on-site supervision shall be provided by the college at all times, which shall include a supervisory employee residing within the dormitory building.

(12) The college shall be responsible for collecting all applicable room and/or rental fees and other charges, as a result of offering such housing.

(13) Dormitory housing shall not be permitted for members of a student’s family or minors (persons under the age of 16) except to the extent the family member is a student who otherwise is qualified hereunder for student housing or as otherwise required by law.

C. Limited permitted use of student housing or dormitory housing for York County seasonal workers. Student housing or dormitory housing may be occupied from May 15 through September 15 of each year by a non-college student provided the following conditions are met:

(1) Each occupant shall be employed by a business located within York County. The college shall give preference for such housing to those employed by a business located within or serving the Town of Wells.

(2) The educational institution regulates the occupancy of non-college students by the following:

(a) Maintains records of who occupies each unit;

(b) Maintains records on which businesses employ the non-college students; and

(c) Provides on-site supervision required in Subsections A and B, as applicable.

(3) The college shall be responsible for collecting all applicable room and/or rental fees and other charges, as a result of offering such housing.

(4) Such housing shall not be permitted for members of a qualifying occupant’s family or minors (persons under the age of 16) except to the extent the family member (over the age of 16) is a qualified occupant hereunder or as otherwise required by law.