Wells City Zoning Code
ARTICLE VI
Town-Wide Regulations
§ 145-35 General regulations.
[Amended 4-19-1997; 4-18-1998; 4-16-1999; 11-6-2001; 11-5-2002; 6-12-2012; 6-9-2015; 6-14-2016; 6-11-2019; 6-10-2025]
A.
All uses shall conform to the provisions of this chapter.
B.
All lots (except lots being merged with an abutting parcel or otherwise exempt by this chapter) and structures shall comply with dimensional requirements specified for the district in which they are located, except those considered nonconforming. Where a single lot of record contains more than one principal structure, the lot may not be divided in a way which would create a parcel or parcels which do not conform to the requirements of this chapter for lot size, setbacks or street frontage.
C.
A residential lot with a dwelling unit may be used for keeping noncommercial domestic poultry and domestic livestock in conformance with Article V, District Regulations. Structures used exclusively for the housing of such domestic poultry or livestock with a ceiling height below 6.5 feet or footprint area 50 square feet or less shall not require a building permit. Domestic poultry and livestock shall be contained within the lot boundaries.
D.
No manufactured home which was manufactured before June 15, 1976, may be brought into the Town of Wells unless suitable evidence is provided to the Code Enforcement Officer that the manufactured home does not contain aluminum electrical wiring, that the manufactured home contains two exterior exits and that the roof is constructed to support a live load of 30 pounds per square foot.
E.
Land within the lines of a street right-of-way on which a lot abuts shall not be considered as part of such lot for the purposes of meeting the lot area requirements of this chapter, even though the fee to the land may be in the same ownership as the lot.
F.
No part of a setback area, open space or off-street parking or loading space required by this chapter shall be included as part of any other setback area, open space or off-street parking or loading space similarly required for any other structure or use except as explicitly provided for within this chapter.
G.
Multiple principal and accessory uses, which may be located within multiple buildings, shall be permitted on a lot.
I.
No floor of a building higher than 30 feet above the average finished grade shall be designed as habitable space. The maximum building height may be increased by the amount required to comply with Chapter 116, Floodplain Management, § 116-6, Development standards, but not to exceed five additional feet provided the building shall not exceed three stories, be covered with a pitched, shingled roof, and be constructed on a foundation used for parking or storage only and not living space.
J.
Maximum building height requirements do not apply to flagpoles, chimneys, transmission towers, steeples, windmills and similar uninhabitable structures. However, except chimneys which do not exceed the height limit by more than 10 feet, such structures require a lot line setback no less than the minimum required in the district plus the height by which they exceed the prescribed height limitations.
K.
Lot area used to meet the density requirements of a use on a lot shall not be used to meet the density requirement of any other use.
L.
A single, uninhabitable accessory structure of 120 square feet or less in gross area and 15 feet or less in height, such as a utility shed, which is accessory to a residential use may be placed within the ordinarily required setbacks as set forth in Article V on any residential lot that contains 5,000 square feet or less, as long as the following minimum setbacks are met:
M.
A single, uninhabitable accessory structure of 120 square feet or less in gross area and 15 feet or less in height, such as a utility shed, which is accessory to a residential use on a residential lot shall be considered legally nonconforming if it was in existence at its current location prior to January 26, 1998.
N.
The construction, renovation, alteration, maintenance and/or operation of a building, structure or any other type of facility for use in whole or in part as a gambling casino is prohibited in all zoning districts within the Town of Wells. No building permit or certificate of occupancy shall issue for a gambling casino.
O.
Lots abutting multiple street rights-of-way are permitted to reduce the minimum setback from a lot line abutting any street right-of-way to the minimum setback from a lot line as required for the district in which they are located if the following are met:
(1)
Contiguous street frontage for the lot exists on more than one street right-of-way;
(2)
The minimum setback from any lot line abutting a street right-of-way is met from the street right-of-way that is most compliant with street frontage requirements;
(3)
If the lot has equal and/or greater than the street frontage requirement on two abutting street rights-of-way, the lot owner may choose which right-of-way shall meet the minimum setback of a lot line abutting a street right-of-way; and
(4)
The setback reduction shall not be permitted to apply to the setback from any lot line abutting a right-of-way of any state highway.
§ 145-36 Timber harvesting.
[Amended 4-19-1997]
If timber harvesting is deleted as a permitted use in a district, timber harvesting on a parcel of land in the Maine Tree Growth Program (36 M.R.S.A. §§ 571 to 584-A) shall continue as a permitted use as long as the subject lot, or portion thereof, remains in the Tree Growth Program.
§ 145-37 Yard sales.
Yard sales shall be permitted in all districts except the Resource Protection District and shall comply with the following standards:
A.
A yard sale shall last no longer than three consecutive days and shall only be permitted once per month on a lot or on a contiguous lot in the same ownership.
B.
A permit for the yard sale shall be obtained from the Town Clerk by the owner or occupant of the lot. The Town Clerk shall provide the Police Department with a copy of all yard sale permits issued before the date of the yard sale.
[Amended 4-28-1995]
C.
Adequate off-street parking shall be provided for customers of the yard sale. Directional signs indicating the parking area(s) shall be provided.
D.
Two off-premises signs within 300 feet of the yard sale are permitted to advertise the yard sale. The signs, no larger than two feet by three feet, may be displayed only between the hours of 7:00 a.m. and sunset on the day(s) of the sale. Signs shall not be attached to utility poles.
[Amended 4-28-1995]
E.
The yard sale shall not begin before sunrise and shall not extend after sunset.
[Amended 4-28-1995]
F.
No items for sale, tables or other display equipment shall be placed closer than 15 feet to the lot line(s) fronting a street.
[Amended 4-28-1995]
G.
Within 24 hours after the close of a yard sale, all unsold items, tables and other display equipment shall be removed from the yard and stored within a building.
[Amended 4-28-1995]
§ 145-38 Landscaping/buffers.
[Amended 4-16-1999; 4-12-2003]
A.
The setback areas along lot lines other than those along street rights-of-way on lots in nonresidential districts which abut a residential district shall be landscaped to provide a visual screen between residential and nonresidential uses. Parking lots, outdoor business storage areas and outdoor business uses shall be visually screened from adjacent residential lots. Said visual screening shall consist of a continuous border of shrubbery at least six feet in height and/or solid fencing six feet in height. Notwithstanding the above requirement, all visual screens shall comply with the sight distance requirements of Chapter 201, Articles II and III. The reviewing authority may waive all or part of this requirement for outdoor business uses if such uses are defined as a low-intensity commercial recreation use. Except in the Beach Business District, all business or institutional parking and outdoor storage areas shall be separated from a street right-of-way by a landscaped buffer strip at least 15 feet wide, planted with shade trees a minimum diameter of three inches at breast height (dbh). In the Beach Business District a landscaped strip four feet wide shall be provided between any outdoor business, storage area or parking lot and a street right-of-way.
B.
In the Light Industrial District, except to allow for the development of a driveway, the first 40 feet of a lot as measured from the right-of-way of any street shall be planted with shrubs and/or ground cover and shade or evergreen trees with a minimum two-inch diameter at breast height (dbh) planted a maximum of thirty feet on center along the entire distance of the street frontage.
§ 145-39 Off-street parking.
A.
Off-street parking may be provided out of doors or within a building. Off-street parking shall be considered to be an accessory use when provided to serve any permitted or nonconforming use. In the calculation of the number of parking spaces required, any fractional number of spaces shall be rounded to the next highest whole number for each use existing or proposed on the property.
[Amended 4-16-1999]
B.
Land may not be used and a building may not be occupied until off-street parking and/or loading facilities are provided.
C.
Design standards.
[Amended 4-28-1995]
(1)
All parking areas containing three or more parking spaces, except those serving one- or two-family dwellings, or designated employee spaces, shall be designed according to the following criteria:
[Amended 6-10-2014]
Parking Angle (degrees) | Stall Width (feet) | Skew Width (feet) | Stall Depth (feet) | Aisle Width (feet) | |
|---|---|---|---|---|---|
90 | 9 | na | 18.5 | 26 | |
60 | 8.5 | 10.5 | 19 | 16 one way | |
45 | 8.5 | 12.75 | 17.5 | 12 one way | |
30 | 8.5 | 17 | 17.5 | 12 one way | |
180 | 24 | na | 9 | 13 one way | |
26 two way |
(2)
Every business, commercial, institutional, public and nonprofit use shall provide a minimum of 4% of the total parking spaces for vehicles with handicapped registration plates, but in no case less than one space. Handicapped spaces shall be designed according to ANSI Standard A117.1-1986.
(3)
All required parking spaces shall be clearly designated. Handicapped and recreational vehicle spaces shall be identified with signs no smaller than nine inches wide by 12 inches high, posted four feet from the ground.
D.
The following off-street parking standards shall be provided and maintained for each use on a lot except as specified in Subsection F below. The reviewing authority may permit a reduction in the number of spaces provided, based on documentation from the applicant as to the particular needs of the proposed uses, or may require additional parking based on the characteristics of the particular application for approval. The reviewing authority may also permit a reduction in the number of spaces provided based on the availability of mass transit to a lot and its potential use by pedestrians or cyclists, or based on a mixed use and the establishment of restricted operating hours.
[Amended 4-26-1996; 4-19-1997; 11-2-2010; 11-5-2013; 6-10-2014; 11-5-2024]
Use | Required Parking Spaces | ||
|---|---|---|---|
Bank | 1 per 100 square feet of customer waiting (teller line) area, plus 1 per 400 square feet of gross floor area of meeting or administrative area, plus 6 stacking spaces for the first drive-up window or ATM, plus 4 per additional drive-up window or ATM | ||
Bowling alley | 3 1/4 per lane | ||
Congregate care facility | 1 per housing unit, plus 1 space per employee on the two largest shifts combined | ||
Contractor business | 1 per 1,000 square feet of gross floor area but no less than 3 per business | ||
Day care | 1 per 400 square feet of floor area used for child care, plus 3 | ||
Dwelling | 2 per each dwelling unit, plus 1 per bedroom in excess of 2 bedrooms per dwelling unit | ||
Funeral home | 1 per each 50 square feet of chapel or public gathering area | ||
Life care facility | 2 spaces per unit with 1 being a garage plus 1 for each 300 square feet of common facility gross floor area | ||
Lodging facility | 1.5 for each sleeping room | ||
Manufacturing, warehousing and wholesale businesses | 1 per 1,000 square feet of gross floor area but no less than 3 per business | ||
Marina | 1 per slip or mooring, excluding guest moorings | ||
Medical care facility | 1 per bed, plus 1 per 200 square feet of office floor area | ||
Museums | 1 per 500 square feet of gross floor area, plus 1 for each 3 seats in areas used for assembling groups of people | ||
Nursing homes | 1 space per 3 beds | ||
Office, business | 3 1/2 per 1,000 square feet of gross floor area, but no less than 3 per business | ||
Personal service business | 1 per 400 square feet of gross floor area, but no less than 3 per business | ||
Retail business | 3.5 per 1,000 square feet of sales floor area, but no less than 3 per business | ||
Restaurant, standard | 1 per 2 seats, plus 1 space for every 10 seats to accommodate employees. Minimum of 6 spaces for any restaurant. | ||
Restaurant, fast-food | 1 per 30 square feet of floor area for food preparation and ordering | ||
Schools | |||
Elementary, junior high | 3 per classroom and other rooms used by students | ||
High school | 3 per classroom and other rooms used by students, plus 1 per 5 students | ||
Student housing | 1 per bed | ||
Tent and recreational vehicle parks | See § 145-50C | ||
Theaters, auditoriums, function halls, clubs, churches and other places of assembly | 1 per 4 seats, based upon occupancy load | ||
Shopping centers | 3.5 per 1,000 square feet of retail and business office use. Theaters, restaurants, fast-food restaurants will require spaces consistent with this section. | ||
(1)
For uses not listed above the number of parking spaces required shall be determined by the reviewing authority. The Code Enforcement Officer shall provide the reviewing authority a written opinion regarding the number of spaces he believes should be provided. The reviewing authority shall take into consideration the Code Enforcement Officer's opinion in making any such determination.
(2)
Loading bays may be required by the Planning Board for a project which requires Planning Board approval.
E.
Required off-street parking in all districts as determined in § 145-39D shall be located on the same lot as the use it serves unless no reasonable on-site location exists and all of the following off-site requirements are satisfied:
[Amended 6-10-2014]
(1)
The off-site parking location is less than 1,000 feet from the boundary line of the property where the use it serves is located;
(2)
The off-site parking location is established by a recorded easement, or a license or lease agreement, to benefit the property where the use it serves is located;
(3)
The off-site parking location shall be located within a district in which a commercial parking lot is a permitted use; and
(4)
A site plan approval or a site plan amendment is obtained from the Planning Board for each property.
F.
Plans for parking areas shall indicate the location of snow storage or make provision for snow removal. Snow may be stored on required parking spaces if the Planning Board determines that the business(es) will have adequate parking during the winter months without the use of the spaces on which snow is stored.
G.
Parking areas within in the Shoreland Overlay District shall meet the shoreline setback required for structures from the water body or wetland adjacent to which they are located.
H.
Parking areas shall be designed to prevent stormwater runoff from flowing directly or being piped directly into a water body, to allow for the settling of sediment and the removal of grease, oil and other pollutants.
I.
All parking areas shall have a firm surface, such as bituminous concrete, gravel or crushed stone. The reviewing authority may waive this requirement for parking areas that will only be used between May 1 and November 1.
J.
In the Light Industrial District all off-street parking shall be located at the side and/or in the rear of the building if the building is less than 60 feet from the right-of-way of a street. If the building is 60 feet or more from the right-of-way of a strreet, then the parking shall be located no less than 40 feet from the street right-of-way and a landscaped buffer meeting the requirements of § 145-38B shall be provided.
[Added 4-12-2003]
§ 145-40 Signs.
[Amended 4-28-1995; 4-26-1996; 4-18-1998; 4-14-2000; 11-5-2002; 5-20-2003; 4-29-2005; 11-6-2007]
A.
Standards for all signs. All signs shall comply with the following regulations, regardless of whether or not a permit is required:
(1)
No sign shall cover any architectural details of a building, as defined by this ordinance.
(2)
Signs shall be attached to the ground or to a building, except for portable signs, as regulated by Subsection I(2), below.
(3)
No sign shall project beyond the lot line(s) of the lot on which it is located.
(4)
No sign shall obstruct a driveway or required parking space.
(5)
No sign shall obstruct or impair the vision of vehicular and pedestrian traffic or otherwise constitute a hazard to the same. No sign shall reduce the sight distance from any driveway, road or street below a distance of 10 feet for every mile per hour of the posted speed limit on the street. Sight distance shall be measured at a point on the driver's side of the exit lane 10 feet behind the curb or edge of shoulder line with the height of the eye ranging from 3.5 to 6.0 feet above the pavement to an object having a height of 4.25 feet located within all of the travel lanes of the intersecting street.
(6)
No sign shall be attached to utility poles, trees or traffic control signs or devices, except for banners or flags approved by the Board of Selectmen, pursuant to Subsection I(1), below.
(7)
External illumination of signs may only be provided by a white light. The source of the illumination for any sign shall not be visible beyond any lot line.
(8)
No ground sign (monument or pole) shall exceed a height of 20 feet.
(9)
No ground sign shall be located within the street right-of-way.
(10)
A ground sign shall not be located within 400 feet, measured along the street frontage of the lot, from any other ground sign advertising the same business(es).
(11)
Awning signs shall be limited only to placement on the valance of the awning. Awning signs shall be opaque, and shall not be backlit.
(12)
Signs may be located within the required setback from any street right-of-way, but shall not be located within the required setback from any other lot line.
(13)
No wall sign shall cover more than 25% of the total signable area of any facade on which it is affixed.
(14)
All signs shall be maintained in good condition.
A-1.
Standards for internally lit signs. All internally lit signs shall comply with the regulations contained in Subsection A above, as well as the following regulations:
[Added 6-8-2010]
(1)
Pole and/or monument internally lit signs shall be placed no lower than 10 feet above grade of the road on which the lot has frontage if the sign is within 25 feet of the edge of road pavement.
(2)
The display on any internally lit sign may not change more often than one time per 10 minutes.
(3)
The internal lighting shall be designed to minimize glare and to minimize the illumination of abutting lots or streets.
A-2.
Standards for electronic message centers. All electronic message centers shall comply with the regulations contained in Subsection A above, as well as the following regulations:
[Added 6-8-2010]
(1)
Pole and/or monument electronic message centers shall be placed no lower than 10 feet above grade of the road on which the lot has frontage if the sign is within 25 feet of the edge of road pavement.
(2)
The display on any electronic message center may not change more often than one time per 10 minutes. However, an electronic message center that consists solely of indicators of time and/or temperature may change more often, provided that the change is accomplished as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending.
(3)
The electronic message center portion of the sign shall be designed to minimize glare and to minimize the illumination of abutting lots or streets.
(4)
No electronic message center may exceed 40 square feet and the maximum width or height may not exceed 10 feet.
(5)
On a single lot, no more than one electronic message center shall be permitted.
(6)
The message on the electronic message center must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending.
(7)
The message on the electronic message center may consist of alphabetic or numeric text on a plain background and may include graphic, pictorial or photographic images. However, continuous streaming of information or video animation is prohibited.
(8)
All electronic message centers shall be designed and operated with automatic dimming features and the ability that the owner/operator of the sign has the capability to reduce the illumination and/or brightness to adjust to background and ambient light conditions. These controls may include an auxiliary photocell on or near the sign.
(9)
All electronic message centers within the Town of Wells shall meet the following standard with regard to luminance. The eye illuminance limit is 0.3 footcandles (fc); which means that the increase above ambient levels of lighting caused by switching on the sign shall not exceed 0.3 fc measured at 100 feet from the sign standing as near as perpendicular to the sign as possible or at the edge of the pavement no more than 100 feet using a footcandle meter held five feet above grade. Typically, the maximum illuminance will be at a right (90°) angle to the face of the sign.
B.
Prohibited signs.
(1)
The following types of signs are prohibited:
(a)
Animated signs, except for a traditional striped, rotating barber's pole, accessory to a barber shop.
(c)
Above-roof signs.
(d)
Signs with internal illumination are prohibited in the following districts: Residential A, Residential B, Residential - Commercial, Residential D, Rural, Aquifer Protection, and Resource Protection. Signs with internal illumination are permitted in all other districts.
(e)
Electronic message centers are prohibited in the following districts: Residential A, Residential B, Residential-Commercial, Residential D, Rural, Beach Business, Harbor District, Light Industrial, Transportation Center, Quarry Manufacturing, Aquifer Protection, and Resource Protection Districts. Electronic message centers are permitted in all other districts.
[Added 6-8-2010[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(1)(e) through (g) as Subsection B(1)(f) through (h).
(f)
Signs attached, drawn or painted upon rock outcroppings or other natural features.
(h)
Any other sign not permitted by this chapter.
C.
Signs for which a permit is not required. The following signs may be erected without a permit from the Code Enforcement Officer, but nonetheless, shall comply with the requirements of Subsections A and B above:
(1)
Informational or directional signs of less than two square feet, such as "entrance," "exit," "rest rooms," "no parking," "no trespassing" and "private property."
(2)
Signs of less than six square feet giving the name of a building and/or date of its construction.
(3)
Building permit placards and official notices posted by public officials in the performance of their duties.
(4)
Flags of any nation or political subdivision not exceeding a total area of 50 square feet for all such flags.
(5)
One "OPEN" flag for each individual tenant or business premises, not to exceed three feet by five feet.
(6)
Religious symbols or insignia.
(7)
Decorations customary in the observance of any secular or religious holiday.
(8)
Signs bearing political messages relating to an election, primary or referendum, provided that these signs may not be erected prior to six weeks before the election, primary or referendum to which they relate and must be removed by the candidate or political committee no later than one week thereafter.
(9)
Signs for the control of traffic.
(10)
Street name signs.
(11)
Signs indicating danger.
(12)
Signs within a building.
(13)
Signs designed to be directed at customers once they have arrived on the premises, which are too small to be easily discerned by off-premises passers-by, such as logos or brand names on gas pumps, or table cards placed on outdoor dining tables, and the like.
(14)
Signs printed on or affixed to registered motor vehicles, provided that the vehicles are used regularly as a means of transportation and not used for circumventing the requirements of this chapter.
(15)
Plaques of less than six square feet at historic sites or buildings recognized by the Wells Historical Society.
(16)
Signs identifying public school and government buildings.
(17)
Signs which communicate a political, personal, social or religious message and which have neither the purpose nor the effect of advertising, promoting or drawing attention to any business, product or service, when such signs are located on the same lot as a dwelling unit and are erected by a resident of the dwelling unit.
(18)
Signs owned by the Town of Wells containing messages which do not advertise for private business or industry. These may include messages which advertise philanthropic, municipal or public events or places. Such signs shall not exceed 32 square feet and may be located off-premises.
(19)
Temporary signs, not exceeding 32 square feet, announcing an auction, public supper, yard sale, campaign or drive or other like event or soliciting contributions for a public, civic, philanthropic, charitable or religious organization shall be permitted for a period of 10 days prior to the event, but shall comply with all the requirements of Subsection B.
(20)
One nonilluminated, single sign of less than six square feet identifying the name and/or occupation of the residents of a dwelling.
(21)
One nonilluminated, contractor sign per contractor or subcontractor on a job site of less than six square feet at a work location which identifies the contractor's name, address and telephone number and services provided and which shall be removed within one day of the completion of the work.
(22)
On a single lot, no more than two, nonilluminated real estate signs, each of less than six square feet in area, indicating that the property is for sale, lease or rent, which shall be removed within one day after the closing or signing of a rental agreement.
(24)
Individual signs located on the transportation center platform billboard structure or structures, provided they are not visible from a public way.
(25)
Signs erected between May 1st and December 31st by a producer of agricultural products or Christmas trees, as long as those signs advertise products that are grown, produced and sold on the producer's premises. For the purposes of this section, firewood shall not be considered an agricultural product. Signs must be directional in nature and may advertise only the agricultural product or Christmas trees that are available for immediate purchase. The producer erecting the sign shall remove the sign once the product advertised on the sign is no longer available, or by December 31, whichever is sooner. A sign may not exceed eight square feet in size and must be located within five miles of where the product is sold. A sign may only be erected on private property after the producer erecting the sign has obtained the landowner's written consent. A sign must be a minimum of 33 feet from the center of a road. A producer may not erect more than four signs pursuant to this paragraph.
E.
Permitted sign types and maximum sign area. The permitted sign types and maximum sign area, for any one sign or combination of signs, for which permits are required, shall comply with the requirements of the chart and text below, as well as all of the other requirements of this section. If there is any conflict between the standards of Subsection A and this subsection, the stricter standard shall apply. In no event shall the total sign area for any principal building exceed the total amount indicated in the table below.
Table 145-40 - Permitted Sign Types and Maximum Sign Areas | ||||||||
|---|---|---|---|---|---|---|---|---|
A. Monu- ment Sign | B. Pro- jecting Sign | C. Wall Sign | D. Pole Sign | E. Roof Sign | F. Awning Sign | G. Port- able Sign (not included in site total) | Total Sign Area of Types A through F | |
Identification of Residential Development or Subdivision - All zones | Yes/ 20 sf | NO | NO | Yes/20 sf | NO | NO | NO | 20 sf |
Institutional Uses, Such as Public or Private Schools, Public Buildings, Hospitals, Congregate Housing - All Zones | Yes/ 20 sf | NO | Yes/ 25% of signable area available on facade on which it is placed | Yes/ 20 sf | NO | NO | Yes | 100 sf, or 1.5 sf for each linear foot of front facade on principal building, whichever is less |
Commercial or Industrial Uses - in Zones Rural, RA, RB, RC, RD | Yes/ 32 sf | Yes/ 20 sf | Yes/25% of signable area available on facade on which it is placed | Yes/ 32 sf | Yes /20 sf | Yes /20 sf | Yes | 52 sf |
Commercial or Industrial Uses - in Zones GB, BB, LI, Harbor, Transportation | Yes/ 150 sf | Yes/ 50 sf | Yes/25% of signable area available on facade on which it is placed | Yes/ 150 sf | Yes/ 50 sf | Yes/ 30 sf | Yes | 500 sf, or 1.5 sf for each linear foot of front facade, on principal building, whichever is less |
The following principles shall control the computation of sign area and sign height: |
(1)
Computation of area of individual signs. The area of a sign face, including a wall sign, shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative wall or fence incidental to the display.
(2)
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces.
(3)
Exclusions from computations. Signs exempted in Subsection C shall not be included in the calculations of total sign area.
(4)
Principal structures with more than one tenant or operator. Multitenant properties with multiple leased or condominium spaces shall be allowed the same amount and types of signage as the same sized building if it were in unified ownership and operation. The landlord or condominium association shall be responsible for allocating sign area among the tenants or owners.
F.
Permitting procedure. No sign which requires a permit shall be erected or installed without obtaining a permit from the Code Enforcement Officer.
(1)
An application form provided by the Town of Wells shall be completed and submitted to the Code Enforcement Office. The application shall include the following information:
(a)
Name and location of the premises/use that the sign is to advertise;
(b)
Zoning district of the lot on which the sign is to be placed;
(c)
Name, address and daytime telephone number of the applicant;
(d)
Name, address and daytime telephone number of the owner of the lot on which the sign is to be placed;
(e)
Written permission of the owner of the land to erect the sign if the owner is not the same as the applicant;
(f)
A scale drawing of the sign and its supports which indicates its size, color and illumination; and
(g)
A survey or scale drawing of the lot which shows the structures on the lot and the locations and square footage area of all signs.
(2)
Each application for a sign permit shall be accompanied by the applicable fees which shall be established by the Board of Selectmen.
(3)
Within 10 business days of the receipt of an application, the Code Enforcement Officer shall review the application for completeness, and if the application is not complete, the Officer shall notify the applicant of the specific ways in which the application is deficient.
(4)
Within five business days of finding an application to be complete, the Code Enforcement Officer shall either issue the sign permit if the subject of the application conforms in every respect to the requirements of this chapter or deny the sign permit if the subject of the sign permit application fails to conform to the requirements of this chapter. Failure of the Code Enforcement Officer to act upon a complete application within five business days of finding the application to be complete shall constitute a denial of the application.
(5)
The Code Enforcement Officer shall maintain a permanent public record of all sign permit applications.
G.
Removal of signs. The signs or any messages thereon advertising a permanently closed business shall be removed by the business owner or the owner of the lot on which the signs are located within six months of the closing.
H.
Nonconformity.
(1)
Modification toward conformity. Whenever a nonconforming sign is removed, modified, altered, reconstructed, replaced, or relocated, the Code Enforcement Officer shall not issue a permit for such work, unless one of the following conditions is met:
(a)
The sign is modified to comply with this ordinance in all respects; or
(b)
At least one of the existing area or dimension nonconformities of the sign is reduced by at least 20% or is reduced to conformity with the ordinance, whichever is less; or
(c)
At least one of the existing setback nonconformities of the sign is reduced by at least 20% or is reduced to conformity with the ordinance, whichever is less; or
(d)
If the sign is not permitted at all under this ordinance, its current area is reduced by 20%.
Merely a change in sign copy shall not be a considered a modification, alteration or requiring a reduction or relocation of a nonconforming sign as set forth above, but nonetheless shall require a sign permit. |
(2)
Maintenance. Nonconforming signs must be maintained in good condition. Maintenance required by this subsection shall include replacing or repairing of worn or damaged parts of a sign in order to return it to its original state, and is not a change requiring modification toward conformity as set out in Subsection H(1).
(3)
Removal. Removal of a nonconforming sign, and replacement with a less nonconforming sign or conforming sign, pursuant to Subsection H(1) above, is required when:
(a)
A nonconforming sign, or a substantial part of a nonconforming sign, is destroyed, or for any reason or by any means taken down, altered, or removed by the owner. As used in this subsection, "substantial" means 50% or more of the entire sign structure; or
(b)
The condition of the nonconforming sign or nonconforming sign structure has deteriorated and the cost of restoration of the sign to its condition immediately prior to such deterioration exceeds 50% of the value of the sign or sign structure prior to its deterioration; or
(c)
The use of the nonconforming sign, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of 180 consecutive days or more. An intent to abandon is not required as the basis for removal under this subsection.
I.
Special sign types.
(1)
Banners or flags hung from public utility poles.
[Amended 6-12-2012]
(a)
Notwithstanding any of the other requirements of this section, banners or flags may be hung from public utility poles along any public street right-of-way with the approval of the Board of Selectmen, provided that:
[1]
No banner or flag exceeds 20 square feet in size;
[2]
They are hung in accordance with the license from and the requirements of the public utility companies; and
[3]
Their purpose is to recognize or advertise community events sponsored by the Town of Wells, the Wells Ogunquit School District, or community-based nonprofit organizations.
(b)
The Board of Selectmen shall specifically approve the design of the banner(s) or flag(s), the location of the banner(s) or flag(s) on the utility poles, the method by which they will be attached to the utility poles and the duration of their display. Any banners or flags that are torn or in disrepair may be removed by the Town of Wells Road Commissioner or his appointee.
(2)
Portable signs. Portable signs shall meet, in addition to the other requirements of this section, the following requirements:
(a)
Number of signs. There shall be no more than one portable sign on any lot at any time.
(b)
Term. A portable sign permit shall allow the use of a particular portable sign only during the hours the business is open, for a specified period during each calendar year. In no event shall any lot have a portable sign located on it for more than 60 days in one calendar year.
(c)
Other conditions.
[1]
A portable or a temporary sign shall be allowed only in the following districts: BB, GB, RC, R, LI, and Harbor.
[2]
No portable sign shall interfere with the sight distance of traffic passing the site, as defined in Subsection A(5) above.
[3]
No portable or temporary sign shall exceed three feet by four feet in size.
(d)
Calculations. Portable signs shall not be included in calculations for maximum sign area.
(3)
Off-premises official business directional signs. Only businesses located in the Town of Wells may obtain an off-premises sign or signs, under the State Official Business Directional Sign Program. A business permitted to have off-premises signs may have no more than four such signs, each of which shall comply with the provisions of 23 M.R.S.A. §§ 1906 to 1925. An off-premises sign may be located only at intersections where turns are required to access the business.
§ 145-41 Light and glare.
[Amended 6-8-2010]
A.
The Town of Wells recognizes the need to minimize light pollutions and glare from illumination, whether lighting of grounds or by signs, in order to avoid unreasonable impacts on existing uses, abutting properties, and the natural environment. Unreasonable impacts may include contributions to artificial illumination of the night sky, impacts on persons in the surrounding area, and hazards to drivers.
B.
In addition to meeting all other applicable requirements, any sign lighting must meet the following requirements:
(1)
Signs shall be illuminated only by steady, stationary, shielded light sources directed solely on the sign without causing glare or by a constant internal illumination. Any light source shall be shielded with a fixture so that bulbs are not directly visible from neighboring properties or public ways. [See also § 145-40A(7).]
(2)
No sign shall be animated by means of flashing, blinking or traveling lights or by any other means not providing constant illumination except for a traditional striped, rotating barber’s pole, accessory to a barber shop.
(3)
Notwithstanding the above, electronic message center signs where permitted may change messages no more than every 10 minutes. The message on the electronic message center must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending.
(4)
All externally lighted signs shall be shielded so as to effectively prevent beams or rays of light from being directed at any portion of the main traveled way of a roadway; or of such low intensity or brilliance as not to cause glare or impair the vision of the driver of any motor vehicle or to create nuisance conditions.
§ 145-42 Erosion and sedimentation control.
[Amended 4-27-2007]
Earthmoving operations associated with development construction activities shall be conducted in a manner to prevent or minimize erosion and sedimentation of surface waters in accordance with the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices, published by the Maine Department of Environmental Protection and the Cumberland County Soil and Water Conservation District, 1991. Location of structures and streets shall be designed using the existing topography in a manner which avoids slope modifications which could expose areas of soils to erosion or which could jeopardize the slope stability.
§ 145-43 Stormwater management.
[Amended 4-27-2007]
Stormwater runoff shall be managed and directed through surface or subsurface drainage systems in accordance with Chapter 202-12F(4) General Standards of the Wells Municipal Code (wherein the word “site plan” shall be substituted for “subdivision”). Stormwater retention practices shall be employed to minimize impacts on neighboring and downstream properties. In areas of aquifer recharge, stormwater infiltration (after separation of leachable harmful substances) shall be required. Where retention/infiltration is unwarranted or unfeasible, off-site improvements to natural or man-made drainage systems may be necessary to increase capacity and prevent erosion at the developer's expense. The natural state of watercourses, swales or floodways shall be maintained.
§ 145-44 Vision obstructions at intersections.
All corner lots shall be kept clear from visual obstructions higher than three feet above ground level for a distance of 25 feet or a distance equal to the required building setbacks from the streets, whichever is less, from the intersection, measured along the intersecting lot lines.
§ 145-45 Noise.
A.
Purpose. Excessive sound and vibrations are serious hazards to the public health, welfare, safety and quality of life. It is the policy of the Town of Wells to prevent excessive stationary sound and vibration, which may jeopardize the health, welfare or safety of its residents or degrade the quality of life. This ordinance shall apply to the control of all stationary sound and vibration originating in the Town of Wells. This ordinance is not designed to impede any person's First Amendment rights of freedom of speech. This ordinance is not designed to impede the growth or economic health of the commercial or industrial sectors of the Town of Wells. This ordinance is designed to prohibit excessive and unreasonable sound and vibrations that are hazards to the public health, welfare, safety and quality of life only.
[Amended 6-14-2011]
B.
Violation. It is unlawful, and a violation of the Wells Code, to make, emit, continue, or cause to be made, emitted or continued, any excessive, unnecessary or unreasonable noise beyond the boundaries of a person's property in excess of the noise levels established in the Wells Code. Where multiple residences or businesses exist within the confines of a structure, the limits of one's occupancy rights shall be considered the boundary for purposes of measuring noise.
[Amended 4-16-1999; 6-14-2011]
C.
Maximum noise level. The maximum permissible noise level produced by any activity (existing or future) on a lot shall not exceed the following limits:
[Amended 6-14-2011]
(1)
Music, amplified or acoustic, not otherwise exempt, that is plainly audible and excessive, unnecessary or unreasonable at a point, not on the property where the music originates, but at the location where the complaint is made.
(2)
Other noise levels, not otherwise exempt, plainly audible and excessive, unnecessary or unreasonable at the location where the complaint is made.
D.
(1)
Natural phenomena.
(2)
Church bells rung as part of any official church ceremony or service, and tower clock bells ringing the hour during daytime hours, provided that at no time shall such duration exceed 15 minutes.
(3)
Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm systems used in any emergency situation; provided, however, that burglar alarms not terminating within 15 minutes after being activated shall be unlawful.
(4)
Warning devices required by the Occupational Safety and Health Administration or other state or federal governmental safety regulations.
(5)
Farming equipment or farming activity.
(6)
Timber harvesting and milling during daytime hours.
(7)
Noise from domestic power equipment such as, but not limited to, chain saws, sanders, grinders, lawn and garden tools or similar devices operated during daytime hours.
(8)
Noise generated by any construction, demolition equipment, or mineral extraction (including crushing, screening, or segregating) operated during daytime hours as per the ordinance or site plan approval, whichever is more restrictive.
(9)
Emergency maintenance, construction or repair work.
(10)
Noise created by refuse and solid waste collection during daytime hours.
(11)
Noise created by any municipal-sponsored events, municipal beach cleaning, school sporting events, parades and Town-approved fireworks displays.
(12)
Noises created by plows, trucks and other equipment used in the removal of snow.
(13)
Noise from any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction, including any aircraft operating under technical difficulties, any kinds of distress, or under emergency orders of air traffic control.
(14)
Noise from trains operating in conformity with or pursuant to all applicable state and federal laws and regulations.
(15)
Emergency or extraordinary situations.
(16)
A business may use an outside sound system to notify patrons waiting to pick up an order, obtain a table, or to be able to participate in the activities of the business, provided that such sound does not create an excessive, unnecessary or unreasonable noise.
(17)
Noise from the operation of air-conditioning or refrigeration units, which are part of the normal operation of a business or businesses located on the premises and which are necessary and normal to the operation of said business, and which air-conditioning or refrigeration units are regularly serviced and kept in good repair.
(18)
Noise from any idling vehicles at a commercial establishment in the process of loading or unloading merchandise for the establishment, or waiting for the opportunity to do the same.
E.
The removal or disabling of any noise-suppression device on any equipment is prohibited. Any noise-suppression device on equipment shall be maintained in good working order.
F.
Enforcement. Notwithstanding § 145-63 of this chapter, this section may be enforced by any of the following methods:
(1)
A violation of this section may be considered a land use violation and the enforcement procedures in § 145-63 may be invoked by the Code Enforcement Officer.
(2)
A violation of this section may be treated as a civil violation as defined by 17-A M.R.S.A. § 4-B and enforced by a law enforcement officer according to the procedures specified in 17-A M.R.S.A. § 17 and Rule 80H of the Maine Rules of Civil Procedure.
(3)
A violation of this section may also be considered the creation of a loud and unreasonable noise as prohibited by 17-A M.R.S.A. § 501 (Offenses Against the Public Order: Disorderly Conduct), provided that neither the Town of Wells nor any of its employees may initiate proceedings alleging a violation of both the Town ordinance and the state statute against the same person or persons for the same incident.
[Amended 4-16-1999]
(4)
With regard to a business with a special entertainment permit issued under the authority of the Town of Wells, the municipal police and/or a Code Enforcement Officer for the Town of Wells shall have the authority to order that business to cease operation of the violation immediately upon a second visit to the premises within a two-hour period, or a third visit within a twenty-four-hour period beginning with the time of the first visit to investigate a noise complaint, when a police officer or a Code Enforcement Officer has on the previous visit(s) heard plainly audible noise in violation of this ordinance, and has reported that to the owner of the property or the person responsible for the excessive or unreasonable noise. The on-duty Municipal Police Supervisor shall accompany a police officer or Code Enforcement Officer responding to subsequent second and/or third noise complaints and shall have the authority to immediately cease operations of the violation source. The special entertainment may not resume within a twelve-hour period thereafter.
[Added 6-14-2011]
§ 145-46 Utility distribution lines.
§ 145-47 Utility transmission lines.
A.
Lot lines. For the purposes of Subsection C, the boundary lines of a utility transmission line right-of-way, whether the right-of-way is in fee simple ownership, a leasehold or an easement, are considered the lot lines of the right-of-way.
B.
Review. A utility transmission line is a permitted use in all zoning districts upon obtaining site plan approval from the Planning Board in accordance with the provisions of Article X.
C.
Dimensional requirements.
(1)
Utility transmission lines must meet setback requirements from lot lines and water bodies to the greatest extent practical by the configuration of the utility corridor in which they are located and by the constraints of topography. With the exception of the setback from lot lines, the dimensional requirements of Article V do not apply to utility transmission lines. All aboveground portions of utility transmission lines shall comply with the setback requirements of Article V and § 145-35J.
(2)
In all zoning districts where the setback for structures is greater than 10 feet from any lot line, the setback for the underground portion of a subsurface transmission line may be reduced to 10 feet from any lot lines.
(3)
Subsurface and aerial utility transmission lines may be placed within the setbacks from any lot line abutting a street right-of-way provided no portion of a utility transmission line is placed between ground level and a height of 20 feet above the center line of the street within said setback.
[Amended 6-4-1996]
§ 145-47.1 Public transportation shelter.
[Added 11-6-2007]
Public transportation shelters may be placed within the ordinarily required setbacks as set forth in Article V.
§ 145-47.2 School bus shelter.
[Added 11-6-2007]
A single school bus shelter which is accessory to a residential use may be placed within the ordinarily required setbacks as set forth in Article V on any residential lot following staff review for traffic safety and road maintenance impact.
§ 145-47.3 Farm stands and food stands.
[Added 6-11-2019]