Wells City Zoning Code
ARTICLE IV
Zoning Districts
§ 145-16 Establishment of districts.
[Amended 4-16-2004; 11-7-2023]
To implement the provisions of this chapter, the Town of Wells is divided into the following districts:
AP | Aquifer Protection District |
GB | General Business District |
BB | Beach Business District |
H | Harbor District |
LI | Light Industrial District |
QM | Quarry Manufacturing District |
RA | Residential A District |
RB | Residential B District |
RC | Residential/Commercial District |
RD | Residential Drakes Island District |
RP | Resource Protection District |
R | Rural District |
MPO | Mobile Home Park Overlay District |
SLO | Shoreland Overlay District |
TC | Transportation Center District |
C | College District |
§ 145-17 Zoning Map.
[Amended 11-7-2000; 4-16-2004]
The districts identified in §145-16 above are shown upon a map entitled "Official Zone Map Town of Wells" dated April 2004. The Official Zoning Map of the Town of Wells (hereafter referred to as "Zoning Map") shall consist of this map and shall be filed in the office of the Town Clerk. This Zoning Map is incorporated in and made a part of this chapter and shall be the final authority as to the current district locations.[1]
[1]
Editor's Note: The Official Zone Map of the Town of Wells, prepared by Woodard and Curran, revised to April 2004, has been amended as follows:
(1) 4-29-2005: to rezone a portion of the property identified in the Tax Assessor's records as Map 34, Lot 20, owned by Matthew Murach, from Rural to Light Industrial. This rezoning does not affect the boundaries of the Resource Protection District or the Shoreland Overlay District which currently also exist on the subject parcel. This ordinance shall take effect upon adoption.
(2) 4-25-2008: to rezone the property identified in the Tax Assessor’s records as Tax Map 60, Lot 8A, owned by Mark Paquette, from the Residential A District to the Residential/Commercial District. This ordinance shall take effect upon enactment by the Town Meeting.
(3) 4-25-2008: to rezone from the Rural District to the Residential A District the following two properties identified in the Tax Assessor’s records: (1) Tax Map 55, Lot 22, owned by Shirley M. Chase w/Life Estate, Scott J. Chase, and Corey M. Chase; and (2) Tax Map 55, Lot 22B, owned by Ronald and Shirley Chase, Trustees of the Scott, Cory, and Candace Chase Trust. This ordinance shall take effect upon enactment by the Town Meeting.
(4) 11-2-2010: to rezone from the Light Industrial District to the Residential A District certain property owned by TNN Realty, LLC, identified in the Tax Assessor’s records as Tax Map 58, Lot 1, and more particularly described in a warranty deed recorded in the York County Registry of Deeds at Book 15085, Page 533, on February 15, 2007. This ordinance shall take effect upon enactment by the Town Meeting.
(5) 11-6-2012: to rezone from the General Business District to the Residential A District the following properties located in the Bayview Terrace/Tidal Court neighborhood as identified in the Tax Assessor’s records: Tax Map 123: Lots 64 through 72 and 74A; Tax Map 124: Lots 1, 2 and 3; Tax Map 126: Lots 20A, 20B, 24 through 29, 29-1, and 30 through 32; and Tax Map 127: Lot 2. This ordinance shall take effect upon enactment by the Town Meeting.
(6) 6-11-2024: to change portions of Tax Map 133, Lot 25 and Tax Map 134, Lot 24 from the Residential Commercial District (RC) to the General Business District (GB). This ordinance shall take effect upon adoption by the Town Meeting.
§ 145-18 Interpretation of district boundaries.
Where uncertainty exists concerning district boundaries as shown upon the above maps, the following rules shall apply:
A.
Unless otherwise indicated, district boundary lines are lot lines existing as of April 1, 1992, or the center lines, plotted at the time of adoption of this chapter, of streets, roads, waterways or rights-of-way of public utilities and railroads or such lines extended.
B.
Unless otherwise indicated, other district boundary lines which are not listed in Subsection A shall be considered as lines paralleling a street, waterway, shoreline or lot line and at distances from the center lines of such streets, waterways, shorelines or lot lines as indicated by the Zoning Map. In the absence of a written dimension, the graphic scale on the Zoning Map shall be used.
C.
The depictions of the Resource Protection District and the Shoreland Overlay District are merely illustrative of their general location. The boundaries of these districts and any district abutting the Resource Protection District, where it so abuts, shall be the actual location of the high-water line of the water body, the upland edge of wetland vegetation for freshwater wetlands or the limits of vegetation tolerant of saltwater for coastal wetlands or the location of the sea wall adjacent to the ocean, regardless of the location of the boundary shown on the map.
§ 145-19 Lot divided by district boundary.
[Amended 11-6-2001]
A.
To allow for the fact that zoning district boundaries cannot always follow individual lot lines, when a lot of record is divided by a zoning district boundary, other than those specified below, the regulations set forth in this chapter for either district may be deemed to govern the opposite side of such zoning district boundary to an extent not more than 100 linear feet. This provision shall not apply to land located within or directly abutting the Resource Protection District, Aquifer Protection District, Mobile Home Overlay District, or the Shoreland Overlay District.
B.
If a lot lies within two zoning districts, the regulations of each district shall apply to the portion of the lot located within said district, except:
(2)
If a use is permitted within both districts and located in the lower-density district, the maximum density requirements of the lower-density district shall apply to the entire lot;
(3)
If a use is permitted within both districts and located in the higher-density district, the total number of units permitted shall be the sum of the number of units permitted in the higher-density district and the number of units permitted in the lower-density district; and
(4)
The minimum street frontage for the entire lot shall be the greater of the minimum street frontage requirement of the district or districts where the lot abuts a street or streets.
§ 145-20 Overlay districts.
Overlay districts are special purpose zoning districts in which additional regulations, beyond those set forth in the underlying district(s), apply. The regulations of the underlying district(s) shall remain in effect unless specified otherwise in the overlay district(s).