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

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.

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.

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:

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.

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:

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:

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. To determine maximum density the following steps shall be taken:

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.

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:

Dimensional requirements.

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.

Aquifer Protection District.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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

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

Existing nonconforming or unlawful home business.

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.

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

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

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.

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.

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).

Seasonal cottage facility.

Housekeeping cottage complex conversion to seasonal cottage complex.

Hotel/motels shall meet the following criteria:

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

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

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.

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.

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.

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.

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

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

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

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

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

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

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

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).

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.

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.

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).

To increase the availability of affordable housing (as defined in 30-A M.R.S.A. § 5002) to low- and moderate-income families the following increases in residential density and reductions in lot size and frontage within a subdivision containing only affordable housing shall be permitted within the Residential A District:

Eight or fewer dwelling units shall be permitted in a multifamily dwelling if all the dwelling units within the structure are affordable housing units.

The developer shall implement a plan to ensure that the affordable housing units remain affordable. The plan shall be approved by both the Planning Board and the Board of Selectmen.

A landscaped buffer strip shall be provided along the perimeter of an affordable housing subdivision except where access roads into the subdivision are located. The buffer strip shall have a width equal to 1/5 of the required lot frontage of the applicable zoning district along all lot boundaries, except along existing improved public streets, where the buffer strip shall have a width equal to 1/2 of the required lot frontage. The buffer strip shall be owned in fee and managed by an association of the owners within the development. The Planning Board may waive or modify this buffer requirement if it finds that the requirement will make the proposed subdivision financially unfeasible.

One accessory dwelling unit shall be permitted within an owner-occupied one-family dwelling in all districts except the Residential B, Residential D and the Beach Business Districts.

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:

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.

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

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

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.

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

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.

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.

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.

No life care facility dwelling unit may be sublet.

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.

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.

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

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.

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:

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.

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.

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).

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.

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.

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.

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

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.

Parking.

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.

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.

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.

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:

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.

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

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.

Sidewalks along proposed streets required.

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

Notwithstanding any other provision of the Wells Code, a combined total of no more than three registered medical marijuana dispensaries 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.

Notwithstanding any other provision of the Wells Code, all registered medical marijuana dispensaries must be reviewed by the Wells Planning Board, and not by the Staff Review Committee.

Registered medical marijuana dispensaries 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 Medical Use of Marijuana Program.

Notwithstanding the Maine Department of Administration and Financial Services Rules Governing the Maine Medical Use of Marijuana Program, no registered medical marijuana dispensary in Wells may be located where any of the lot lines of the lot on which the dispensary 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.

There shall be opaque windows or walls for any building involved in the registered medical marijuana dispensary, 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.

All buildings associated with a medical marijuana dispensary 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.

The registered medical marijuana dispensary 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.

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.

With any registered medical marijuana dispensary 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 is undeveloped. In such case, the normal setback requirements of the zoning district in which the facility is to be located shall govern.

The operator of a registered medical marijuana dispensary 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.

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

Signs for a registered medical marijuana dispensary or cultivation facility may not contain any visual depiction of marijuana or marijuana paraphernalia.

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 shall include a method of controlling all entry into the building as approved by the Planning Board to adhere to this restriction.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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

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.

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.

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.

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

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.

State and federal requirements:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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

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: