Wells City Zoning Code
ARTICLE I
General Provisions
§ 145-1 Title.
This chapter shall be known and cited as the "Land Use Ordinance of the Town of Wells, Maine," and will be referred to as "this chapter."
§ 145-2 Authority.
This chapter is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution, the provisions of 30-A M.R.S.A. § 2691 (Board of Appeals), 30-A M.R.S.A. § 3001 (Home Rule), 30-A M.R.S.A. § 4312 et seq. (Growth Management Law), 30-A M.R.S.A. § 4351 et seq. (Land Use Regulation) and 38 M.R.S.A. § 435 et seq. (Mandatory Shoreland Zoning Act).
§ 145-3 Applicability.
The provisions of this chapter shall govern all land and all structures within the boundaries of the Town of Wells, including any structure built on, over or abutting a water body, a tributary stream or a wetland.
§ 145-4 Purpose.
The purposes of this chapter are to:
A.
Implement the provisions of the Town's Comprehensive Plan;
B.
Encourage growth in the identified growth areas of the community and to limit growth in the rural areas;
C.
Promote the health, safety and general welfare of the residents of the community;
D.
Promote traffic safety;
E.
Promote safety from fire and other elements;
F.
Manage and conserve natural resources;
G.
Protect buildings and lands from flooding and accelerated erosion;
H.
Protect archaeological and historic resources; and
I.
Conserve natural beauty and open space and visual access to them.
§ 145-5 Conflicts with other laws.
Whenever a provision of this chapter conflicts with or is inconsistent with another provision of this chapter or of any other ordinance, regulation or statute, the more restrictive provision shall control, unless otherwise indicated.
§ 145-6 Amendments.
[Amended 11-5-2013]
A.
Initiation of proposed amendments.
(1)
A proposed amendment to either the text of this chapter or to a zoning district boundary may be initiated by petition of at least 10% of the votes cast in the last gubernatorial election in the Town.
(2)
Proposed amendments to the text of this chapter may be initiated by the Board of Selectmen, the Planning Board, or by an individual, corporation, or other entity having right, title and interest in property within the Town of Wells to be affected by said proposed amendment.
(3)
Proposed amendments to a zoning district boundary may be initiated by the Board of Selectmen, the Planning Board, or by an individual, corporation or other entity having right, title, and interest in a property and concurrence from 75% of all properties that are the subject of the zoning district boundary amendment request.
B.
All requests for amendments to the text of this chapter, or for changes in zoning district boundaries, initiated by other than the Board of Selectmen, by petition, or the Planning Board, shall be accompanied by a non-refundable application fee as set by the Board of Selectmen and shall be submitted to the Office of Planning and Development. No such request or proposal shall be referred to the Board of Selectmen or Planning Board unless and until the fee is paid. In addition, the applicant shall pay all expenses in connection with the requested amendment application by submitting funds for deposit into a Town-established escrow account. These expenses may include, but are not limited to, costs associated with amending the Official Zone Map, printing and copying costs, website updates, postage, and public hearing ads. Any funds that remain in the escrow account once all expenses associated with the amendment application have been paid shall be refunded to the applicant.
C.
Review processes.
(1)
The applicant shall submit to the Office of Planning and Development an application form, along with the supporting materials, as required in § 145-6E. If the amendment involves changes to zoning district boundaries, the addresses of abutters shall be obtained from the Town of Wells Tax Assessor's records, and within 10 days of receipt of an application by the Office of Planning and Development, the Office of Planning and Development shall notify abutters of the amendment application.
(2)
The abutters' notification shall include a copy of the application form and an explanation of the purpose of the notification. The location, time, and date of the meeting in which the application is to be received by the Board of Selectmen shall also be included in the notification, and said notification shall be sent or delivered by first-class mail at least 10 days before the meeting.
(3)
An applicant, or an applicant's designated representative, shall be notified of any meetings at which the applicant's proposed amendment application will be reviewed. The applicant or the applicant's designated representative must be present at any meetings at which the amendment application is scheduled to be reviewed.
(4)
It is the responsibility of the Board of Selectmen to determine if the application has adequately addressed the considerations as outlined in § 145-6D within 60 days of receipt of the amendment application by the Board of Selectmen. If the amendment application is found to adequately address the considerations as outlined in § 145-6D, it shall be placed on an agenda for presentation to the Planning Board. If the application is found to not adequately address the considerations as outlined in § 145-6D, the applicant shall be notified, in writing, of the additional information needed to complete the application. If the additional information or a written request for an extension is not submitted within 60 days of the notification, the application shall be considered to be withdrawn. The application fee for a withdrawn or denied application shall not be refunded.
(5)
Within 35 days of presentation of the amendment application to the Planning Board, the Planning Board shall hold a public hearing for the amendment application.
(a)
In scheduling public hearings under this section, the Planning Board shall publish notice of the hearing at least two times in a newspaper of general circulation in Wells. The date of the first publication must be at least 12 days before the hearing, and the date of the second publication must be at least seven days before the hearing. The applicant shall be responsible for paying the cost of such notices.
(b)
If the proposed amendment involves changes to zoning district boundaries, the Planning Board shall notify, by certified mail, the applicant and all abutters of the lot(s), including owners of lots on the opposite side of the street, at least 10 days in advance of the hearing, of the nature of the application and of the time and place of the public hearing. If the amendment application involves changes to the text of this chapter, the Planning Board is not required to notify abutters.
(c)
Procedures for public hearings of the proposed amendment applications filed under the provisions of this section shall follow the requirements of § 145-74D(5).
(6)
Within 35 days of the Planning Board public hearing or a period of time agreed to by the applicant and the Planning Board, the Planning Board shall prepare written recommendations based on the considerations found in § 145-6D, the requirements found in § 145-6E, on the evidence presented at the public hearing by members of the public, the applicant, and Town staff. The Planning Board shall inform the applicant and the Board of Selectmen, in writing, within seven days of its recommendations. Within 35 days of receipt of the Planning Board recommendations, the Board of Selectmen shall consider the Planning Board's recommendations on the proposed amendment and shall vote either to deny the application or to accept the application and include the proposed amendment on the next Town Meeting ballot.
D.
The Board of Selectmen must receive and review the proposed amendment application in accordance with the following considerations:
(1)
The proposed amendment will not be materially detrimental to the public welfare or injurious to the subject property or properties in the vicinity;
(2)
The proposed amendment is warranted because of changed circumstances or because of a need for additional property in the proposed zoning district;
(3)
The subject property is suitable for development in general conformance with zoning standards under the proposed zoning district;
(4)
The property shall have the ability to be served by adequate facilities, including roads, water, fire protection, sewer disposal facilities and storm drainage facilities for the intensity to which it is being rezoned;
(5)
The proposed amendment is in accord with the Wells Comprehensive Plan; and
(6)
The proposed amendment complies with all other applicable regulations of the Town and with all state and federal statutes.
E.
Amendment application requirements. Applications that propose amendments to a zoning district boundary or text changes to this chapter shall submit information as required in Subsection E(1) and (2), respectively.
(1)
All applications for proposed amendments to a zoning district boundary shall include, at a minimum the following:
(a)
Address or location of the subject property, the location and dimensions of any changed zoning district boundary, and a location map that shows the relationship of the location to the surrounding area. Any proposed zoning district boundary changes shall be shown on the appropriate Assessor's Tax Map and shall indicate Tax Map and lot number(s);
(b)
Name and address of property owner(s) to be included within the proposed zoning district boundary change;
(c)
Name and address of the applicant(s);
(d)
A list of names and addresses of abutters to the properties included within the proposed zoning district boundary change;
(e)
Statement regarding existing and proposed land use;
(f)
Existing and proposed zoning district designations;
(h)
Documentation of right, title or interest;
(i)
If the proposed change is contingent on or would affect the Wells Sanitary District's sewer system, a letter from the Sanitary District stating that adequate line and plant capacity to dispose of the generated sewer will be available; and
(j)
If the proposed change is contingent on or would affect the Kennebunk, Kennebunkport and Wells Water District water system, a letter from the Water District stating that adequate line and supply capacity will be available.
(2)
All applications for proposed amendments to the text of this chapter shall include, at a minimum, the following:
(a)
Name and address of the applicant(s);
(b)
Copies of sections of this chapter in which text changes are proposed;
(c)
Draft text changes to be considered or a written summary describing the changes proposed;
(e)
Documentation of right, title or interest for property within the Town of Wells;
(f)
If the proposed amendment is contingent on or would affect the Wells Sanitary District's sewer system, a letter from the Sanitary District stating that adequate line and plant capacity to dispose of the generated sewer will be available; and
(g)
If the proposed amendment is contingent on or would affect the Kennebunk, Kennebunkport and Wells Water District water system, a letter from the Water District stating that adequate line and supply capacity will be available.
F.
Technical assistance. The Planning Board or Board of Selectmen may, at its discretion, forward a copy of the application, the plans and all supporting documentation to any appropriate technical expert for review. The review may include traffic impact, roadway capacity as well as any other concerns of the reviewing authority. The applicant shall pay for the employment of any such experts and all associated costs.
G.
Within 10 days of the adoption of any amendment enacted pursuant to the Mandatory Shoreland Zoning Act,[1] copies of the amendment attested and signed by the Town Clerk shall be sent to the Commissioner of the Maine Department of Environmental Protection for review and approval. Such an amendment shall not be effective until approved by the Commissioner or in 45 days from the date received by the Commissioner, whichever shall come first. Any application submitted to the Code Enforcement Officer, Zoning Board of Appeals or Planning Board within the forty-five-day period shall be governed by the terms of the proposed amendment if the amendment is approved by the Commissioner of the Department of Environmental Protection or if the Commissioner fails to take action.
[1]
Editor's Note: See 38 M.R.S.A. § 435 et seq.
§ 145-7 Effective date.
The effective date of this chapter shall be January 1, 1994.
§ 145-8 Repealer.
A.
Chapter 138 of the Code of the Town of Wells (Zoning Ordinance) as adopted on March 8, 1985, with amendments through November 2, 1993, is hereby repealed.
B.
Chapter 101 of the Code of the Town of Wells (Noise Ordinance) as adopted on November 8, 1983, with amendments through November 2, 1993, is hereby repealed.
C.
Chapter 125 of the Code of the Town of Wells (Site Review Ordinance) as adopted on November 8, 1983, with amendments through November 2, 1993, is hereby repealed, except that the Site Review Board shall continue to meet as long as needed to complete its review of complete site plan applications filed prior to January 1, 1994.