Westbrook City Zoning Code
ARTICLE VII
Overlay Districts
§ 335-7.1 Village Review Overlay Zone.
[Added 1-8-2007; amended 6-19-2017]
A.
Purpose.
(1)
The Westbrook Comprehensive Plan calls attention to both national and local historic district properties. A survey by Greater Portland Landmarks identified potential national historic districts and four local districts. The Village Review Overlay Zone, corresponding to these areas, will provide architectural guidance to property owners within the zone. No change to the exterior of an existing building, no addition to an existing building, or any new construction shall occur in the Village Review Overlay Zone without the approval of either City Staff or the Planning Board. This section will guide owners in the maintenance of important architectural qualities of the property, or creating new ones that relate to surrounding properties.
(2)
As a supplement to the Village Review Overlay Zone regulations and within the area designated as the Downtown District, it is hereby declared to be the intent of this section to establish design and development standards for the Downtown District, hereinafter called the "Downtown." The purpose of this section is to foster and strengthen economic vitality in the City's Downtown while respecting and enhancing the special character of the existing development in the area.
(a)
The Downtown is a compact assembly of storefront buildings, short walkable blocks, mixed uses, pedestrian amenities, and consolidated on- and off-street parking as well as residential developments.
(b)
The Downtown is especially vulnerable to intrusion from incompatible uses and physical development practices. The Downtown is so important and significant to the City that it justifies a special set of regulations designed to protect and enhance its character when considering new development.
(c)
The purpose of this section is to establish requirements for building and site design for new developments and for the modification of existing developments within the Downtown.
(d)
This article is intended to protect the existing character of the Downtown and encourage orderly development in accordance with the Comprehensive Plan for the City of Westbrook and the 2009 Downtown Streetscape Planning Study by Wilbur Smith Associates and MRLD.
(e)
The following principles serve as the foundation for this section:
[1]
Efficient use of land and services.
[2]
A mix of land uses which strengthen opportunities for economic vitality and support pedestrian activity as well as housing opportunities.
[3]
Provide for community gathering places and pedestrian/visitor amenities.
[4]
Maintain and expand a distinct storefront character for commercial properties associated with the Downtown, specifically two- or more story tall buildings, rectangular in mass with complementary design features.
[5]
Maintain and enhance the area's character through design standards.
[6]
Increase pedestrian activity through the enhanced character, comfort, and interest of the pedestrian environment.
[7]
Importance of protecting existing historical properties and resources.
B.
Area of zones.
(1)
Village Review Overlay Zone. The area to be included in the "Village Review Overlay Zone" (VROZ) is depicted on the Westbrook Zoning Map.
(2)
Downtown District. For the area included in the "Downtown District within the VROZ, see the Westbrook Zoning Map.
(3)
Heart. Enhanced design standards are included for a subarea within the Downtown District termed the "Heart" of Downtown. The "Heart" is defined as properties fronting along Main Street from William Clarke Drive to Spring Street and as shown on the Westbrook Zoning Map.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Applicability. For VROZ properties, when a permit from the Code Enforcement Office is required, the work to be performed will be reviewed subject to the standards within this section. Areas to be reviewed will include:
(1)
Exterior alterations to the appearance of an existing building, which may include but are not limited to the installation of new or replacement siding, windows or other architectural features;
(2)
Signage (sign applications are exempt from the VROZ application fee and abutter notification requirements);
[Amended 3-18-2019 by Ord. No. 2019-38]
(3)
Changing the use within a building which requires alterations to the storefront appearance of an existing building;
(4)
Building a new structure;
(5)
Additions to an existing building.
D.
General factors.
(1)
The following general factors shall be considered in the review of VROZ application:
(a)
The applicant shall incorporate the U.S. Secretary of Interior's Standards and Practices and Guidelines for Preservation, Restoration or Reconstruction, a copy of which is on file in the City Planner's office, in the design.
(b)
The distinguishing qualities, character or stylistic features of the structure must be preserved, including features which have taken on historic significance in their own right. All structures must be recognized as products of their own time.
(c)
"Historic significance" is defined as being associated with events that have contributed to the formation and development of the City of Westbrook, or with the lives of people who have been important to the community, or with the lives of people who have made a contribution to the broader patterns of our common history.
(d)
Any building, or any part or appurtenance thereof, including but not limited to walls, fences, light fixtures, steps, driveways, and parking areas, may only be moved, constructed, reconstructed, or altered in a manner that will preserve its architectural significance. Where repair or replacement is considered, any new material used must be consistent with previous materials.
(2)
"Architectural significance" is defined by whether or not a building or structure embodies distinctive characteristics of a type, period or method of construction, or represents the work of a master architect or builder, or possesses high artistic values.
E.
Criteria.
(1)
Visual factors. The following visual factors shall be considered in the review of a VROZ application:
(a)
Scale of the building. The scale of the building depends on its overall size, its mass in relationship to the open space around it, and the size of its doors, windows, porches and balconies. The scale of a building, and its windows, doors, porches and balconies, must be compatible with its site and the proportions of any existing features of the building, where applicable. In addition, the scale of a building must be compatible with adjacent properties and buildings in its neighborhood.
(b)
Height. Change in the building height can have a negative impact on how a street appears. While maintaining a particular height is not required, changes in height must be compatible with the streetscape, adjacent buildings and the neighborhood.
(c)
Rhythm of front facades. In reviewing any facade, the pattern of doors, windows and wall surface, their height and width, should be compatible with the neighboring structures.
(d)
Relationship of facade shapes and materials. The relationship of the facade shapes and materials should be considered in relation to the structure's context within the neighborhood significance, as defined. In particular, the rhythm of shapes, pitch, and orientation to the street on which the structure fronts should be maintained. Facades shall not be significantly altered or interrupted without staff or Planning Board review and approval.
(2)
"Neighborhood significance" is defined as contributing to the creation of a physical setting that represents a period in time that is important to the evolution of the City. It is understood that the physical setting of a structure(s), which is comprised of buildings, landscape features and open space, and other natural and architectural features, is an important factor in creating a sense of history. Examples of neighborhood significance are as follows:
(a)
A group of buildings that are similarly constructed and/or designed by a particular individual important in the City's history.
(b)
A group of buildings that are of similar or significant architectural styles.
(c)
A group of buildings whose location, layout on the property or size serves as an important element in the neighborhood.
F.
Demolition approval.
(1)
In order to demolish or remove a building within the Village Review Overlay Zone, a property owner must first obtain a unanimous recommendation from the Village Review Overlay Zone Committee. If the Village Review Overlay Zone Committee is not unanimous in its recommendation, a certificate of approval is required from the Planning Board. The Planning Board shall either grant the certificate or declare a ninety-day moratorium from demolition. The purpose of the moratorium is to:
[Amended 3-18-2019 by Ord. No. 2019-38]
(2)
If at the end of the ninety-day period no satisfactory alternative to demolition has been found, then the Planning Board shall authorize the Code Enforcement Officer to issue a certificate of approval to demolish the structure or relocate it.
G.
Downtown District regulations.
(1)
The following regulations shall apply in the review of VROZ applications within the Downtown District as defined in this section, unless a waiver to any of the standards is approved by the reviewing authority.
(b)
For all new building construction, minimum building height: two stories or 26 feet. (Maximum height: See zoning district regulations.)
(c)
A licensed architect shall be required to aid in facade design efforts at the discretion of the reviewing authority.
(d)
Building entrances should be defined with a recessed door and have other features that accentuate the entrance, such as awnings and pedestrian-scale lighting.
(e)
Upper-story windows should be oriented with proportions that relate to the overall building scale.
(f)
Existing windows shall be maintained and not infilled or altered.
(g)
Building colors shall represent natural building materials. Painting facades with complementary color tones accenting the architectural features of the building may be considered. Buildings should utilize three colors or fewer. Brick and stone building materials are encouraged, but thoughtful and creative designs utilizing contemporary materials may be considered.
(h)
For stairs and decks that front on a street, the stairs and decks shall be painted wood, colored composite material, sheathed wood members or other similar-style material. Bare wood (pressure-treated) decks and stairs are prohibited on street facing sides.
(i)
Building materials shall be impact-resistant, durable materials that are visually appropriate to the streetscape. The following exterior siding materials are not permitted: EIFS, vinyl and aluminum. For existing structures conducting partial renovations, a waiver to this standard may be granted by the reviewing authority.
(j)
Building material(s) shall be visually integrated and compatible on all sides. Buildings at street corners shall use consistent materials on both facades.
(k)
To maintain visual vibrancy, 70% of facades facing streets shall be articulated with windows, transoms, signs, cornices, and other coordinated architectural features.
(l)
Buildings with flat roofs shall have a defined cornice at the roofline to offer architectural aesthetic borders.
(m)
Loading/service areas, storage, drive-throughs, and other utility components shall be accessed from the rear of the building to maintain a consistency of use and a pedestrian orientation of the streetscape. However, where buildings have a rear of the building that is highly visible from a street, access drive, or public lands, buildings must be designed like a front face with sufficient screening or masking of service areas. Trash receptacles should be located internal to buildings; however, if outdoor trash receptacles are used, they shall be in an enclosed/screened area that visually fits its surroundings.
(n)
Awnings.
[1]
Material required: canvas or metal.
[Amended 11-4-2019 by Ord. No. 2019-173]
[2]
Colors: dark-based colors.
[3]
Height: bottom of awning must be nine feet above average grade of the public sidewalk beneath it and shall not extend more than four feet into a public right-of-way and shall not extend into the curbline of a public street.
[4]
Awnings may include the street address and/or business name only. Any writing or signage on an awning must receive a sign permit. Please refer to Article X of this Land Use Ordinance for information on awning signage.
[5]
Awnings cannot be internally illuminated or have lighting attached to the awning itself.
(2)
Heart regulations. (Heart of Downtown) In addition to the Downtown District regulations, these additional standards shall apply to VROZ application within the Heart, as defined in this section.
(a)
Properties shall have commercial or retail on the first floor (street level) and mixed uses on the upper floors, which can include residential. No residential use will be permitted on street level directly on the public right-of-way. For all new building construction, minimum building height: two stories or 26 feet.
(b)
Where a property has frontage on both Main Street and a side street, buildings shall be oriented to Main Street and the primary entrance shall be on Main Street, unless demonstrated to the reviewing authority that an alternative is in the best interest of the Downtown and in keeping with the intent of the streetscape.
(c)
On the first floor (street level), windows shall be free of visual obstructions that are not an integral part of the window, allowing views of merchandise and the viewing of activities within the building and to the street, to maintain a visually vibrant streetscape and increase connection to the pedestrianway, except for issue of confidentiality; avoid dark-colored, reflective window tints that obscure views into the building. Existing buildings are not required to meet these standards, until the owner makes alterations to the building that require a permit. Current internal visual obstructions shall be removed to the greatest extent practical upon a change of use that no longer needs confidentiality. An alternate to visual transparency into the building, if a use would not work for full transparency, could be reviewed on a case-by-case basis, such as the use of architectural elements or an alternate window type/layout that still complements the scale and intent of the streetscape.
(d)
The creation of a new professional office that requires privacy measures shall incorporate such measures in the interior of the building and not as part of the exterior of the building. Privacy measures should be at least three feet back from the windows to allow for window displays.
H.
Application process. The applicant shall submit to the Planning Office a permit application form which must attach the following information to describe the exterior changes or new construction to be in compliance with the regulations of this section:
(1)
Current elevations of all building facades that are to be affected. Photographs of the existing structure, where applicable.
(2)
Proposed elevations of all building facades that are to be affected. Include dimensions of facades/window/doors/signage/awning, etc., in square feet.
(3)
A list and description of all materials proposed to be used, as applicable.
(4)
A sample of the building materials, as applicable.
I.
Review process.
(1)
Staff review (minor). This level of review applies to changes to the exterior appearance of a building or an addition with a footprint or floor area equal to, or less than, 3,000 square feet to an existing building, unless in the opinion of the City Planner the application should be referred to the Planning Board. For the purposes of this section, attached or detached garages shall be classified as building additions. Minor changes can consist of changes to the exterior, such as installation of new windows, or the installation of new siding, or restorative alterations.
(a)
Upon receipt of a complete application, the City Planner shall send notice of the application to all owners of property that abut the property on which the construction activity is proposed. Where applicable, owners of property directly across a public or private way shall also receive notification of the application's receipt. The notice shall include the following:
[1]
Address of property.
[2]
Name of applicant.
[3]
General description of the work to be completed.
[4]
General description of the staff review process; review in accordance with this section.
[5]
General description for public comment on the application.
[6]
Description of the appeal process to the administrative decision.
(b)
Applications shall be approved, approved with conditions, or denied by the City Planner within 30 days of the receipt of a complete application. The City Planner may consult with other appropriate City staff, the Village Review Overlay Zone Committee, and/or other appropriate outside professionals. The City Planner shall review the application with the owner to make any changes to the plan that would make the proposal more consistent with the criteria of this section.
[Amended 3-18-2019 by Ord. No. 2019-38]
(2)
Planning Board review process. New buildings or additions over 3,000 square feet (footprint or floor area) or applications referred to the Planning Board by the City Planner shall be reviewed by the Planning Board. For the purposes of this section, the addition of new floors to an existing building shall be calculated using the footprint of each proposed floor. This calculation includes both usable and unusable space within the proposed addition.
(a)
The Board shall review the application with the owner and work with the owner to make any changes to the plan that would make the proposal more consistent with the criteria in this section, as applicable.
(b)
Where site plan review is necessary, the Village Review Overlay Zone Committee shall review the project and make a recommendation to the Planning Board. The Village Review Overlay Zone Committee shall review the application using the criteria of this section, as applicable.
[Added 3-18-2019 by Ord. No. 2019-38]
(c)
Where site plan review is necessary, the Planning Board shall use the criteria of this section as part of any final action.
(d)
Once the Board is in receipt of a complete application and has made that determination, the application shall be approved, approved with conditions, or denied by the Planning Board.
J.
Appeal.
(1)
Staff review (minor). Within 30 days of the City Planner's decision, the applicant or any other aggrieved party may appeal the decision of the City Planner to the Planning Board. The Planning Board will review the application de novo and issue its own decision on whether the application meets the requirements of this section.
(2)
Planning Board review. Within 30 days of the Planning Board's vote, the applicant, abutting landowner or aggrieved party may appeal the decision of the Board to the Superior Court.
§ 335-7.2 (Reserved) [1]
[1]
Editor's Note: Original Sec. 406, Downtown Housing Overlay District, added 1-8-2007 and amended 4-5-2010, was repealed 1-6-2020 by Ord. No. 2019-193.
§ 335-7.3 Residential Growth Area 1 Business Office Overlay Zone.
[Added 2-5-2007]
A.
Purpose. The purpose of this overlay district is to allow limited business offices in existing structures within the Residential Growth Area 1. Businesses must receive a conditional use to locate within the district. Particular interest will be paid to the potential impacts of businesses upon adjoining residential uses. In particular, parking, traffic and building appearance will be taken into consideration.
B.
Area of zone. The area to be included in the Residential Growth Area 1 Business Office Overlay Zone is depicted on the Westbrook Zoning Map.
C.
Permitted uses. Those uses permitted as a matter or right in the underlying zoning district.
D.
Conditional use. Those uses permitted as a conditional use, in accordance with Article IV, in the underlying zoning district, plus the following: Business Office 2.
E.
Performance standards. In addition to those standards defined in the underlying zoning district, Village Review Overlay Zone, and/or for conditional use in Article IV, the following performance standards apply in the Residential Growth Area 1 Business Office Overlay Zone:
(1)
Minimum lot size: 10,000 square feet.
(2)
Signs. The regulations in § 335-10.4, Signs in Residential Growth Area 1, Residential Growth Area 2, Residential Growth Area 3 and Rural Districts, shall apply to all uses in this section.
(3)
Parking. The minimum parking standards for offices in § 335-13.6 must be met as part of the conditional use review.
(4)
Building additions and alterations. Building additions may only be allowed on the side or rear of the structure. On corner lots, building additions must be constructed on the rear or side that does not face a public street. Building additions and/or alterations must retain the residential style of the structure. This includes, but is not limited to, windows, doors, roof pitches, siding material, and exterior lighting fixtures.
§ 335-7.4 County Road Commercial Overlay Zone.
[Added 3-4-2013]
A.
Purpose.
(1)
The purpose of this overlay district is to allow limited retail and service uses to serve the vibrant industrial and manufacturing zones surrounding County Road in Westbrook. This overlay zone does not represent a change in the vision for this area, which is to preserve suitable remaining undeveloped lands for industrial and manufacturing uses, which benefit from convenient highway access, provide higher-wage jobs, and add to the tax base while requiring few public services. This overlay district is intended to serve the needs of the businesses in the County Road corridor without creating a destination retail and service corridor which could compromise the attractiveness of the area for its target user, industrial and manufacturing businesses.
(2)
While it is the intent of this overlay zone to provide for limited retail and service opportunities, such uses can be inherently focused on the convenience of the automobile and can include lot layouts, building design and structures that are inconsistent with the appearance and scale of the County Road area; therefore, this overlay establishes policies to promote a harmonious relationship between industrial and manufacturing uses, retail and service uses and the established built environment in this corridor. Development utilizing this overlay zone shall meet the objectives of the Long Creek Watershed Management Plan.
B.
Area of zone. Those properties with frontage on County Road and located no closer than 700 feet to Spring Street may utilize the provisions of this overlay zone, which is depicted on the Westbrook Zoning Map, provided that they meet all of the criteria set forth in this section, in addition to all other applicable criteria established by this chapter. The spacing requirement from the intersection of Spring Street and County Road is intended to maintain the level of service that was achieved there with the recent publicly funded rebuild of this intersection.
C.
Permitted uses. Those uses permitted as a matter of right in the underlying zoning district. Accessory uses are not allowed except for those uses that are allowed herein or in the underlying district.
D.
Conditional use. Those uses permitted as a conditional use, in accordance with § 335-5.10, in the underlying district, plus the following:
Auto Repair |
Bank Classes 1 and 2 |
Medical Office |
Neighborhood Grocery |
Restaurant Classes 1 and 2 |
Retail Classes 1, 2 and 4 |
E.
Performance standards. In addition to those standards defined in the underlying zoning district, the following performance standards apply in the County Road Commercial Overlay Zone. Where there is conflict with the underlying zoning district, the provisions of this overlay zone shall apply.
(1)
Maximum lot size: 60,000 square feet.
(2)
Minimum lot frontage: 200 feet. Flag lots are prohibited.
[Amended 3-18-2019 by Ord. No. 2019-45]
(a)
Building placement. New buildings shall be located so that they generally match the established building line of the immediate area along the County Road frontage. The immediate area is measured on the same side of the street by counting six principal buildings to the left and six principal buildings to the right of the proposed building. For the purposes of this district, the "established building line" means the predominant building setback, as measured in this subsection. Along County Road, the building setback for new primary structures shall be no more than 100 feet.
(3)
Accessory structures. For the purposes of this district, accessory structures, such as but not limited to drive-in and drive-up windows, gas station canopies, fuel pumps, and/or pump islands, shall be located directly between the principal building and the rear lot line. In no event shall accessory structures be located between the primary structure and County Road. Accessory structures shall be architecturally integrated with the principal building through the use of the same or compatible materials and colors. Accessory structures shall be no taller than the principal building. Any lighting fixtures or sources of light that are a part of the underside of an accessory structure shall be recessed in to the underside so as to not protrude below the ceiling surface. Service bay doors shall not be located facing County Road.
(4)
Building additions and alterations. Building additions and alterations shall meet the building placement requirements and shall retain architectural style of the existing building. This includes, but is not limited to, siding materials and colors.
(5)
All service and repair operations shall occur within buildings enclosed by a roof and a wall on all sides.
(6)
Storage. Outdoor storage shall be located between the principal building and the rear lot line and shall be screened from view of public ways.
(7)
Setback requirements from natural resources. No buildings, outbuildings, or storage areas may be located within 75 feet of a wetland or designated water body.
(8)
If land disturbance for construction is expected to be less than one acre, a stormwater management plan shall be developed and submitted to the Long Creek Watershed Management District (LCWMD) for review. The stormwater management plan shall address expected stormwater runoff volumes and treatment methods in order to control peak flows and to treat stormwater runoff from the property to those levels established by Chapter 500, the Stormwater Management Rules, promulgated by Maine Department of Environmental Protection, as may be amended from time to time. Plans shall also contain an erosion and sedimentation control plan, details for any best management practices recommended to meet treatment requirements, and a post-construction maintenance plan that includes good housekeeping appropriate to the land use.
(9)
Proposed construction drawings and stormwater management plans shall be submitted to the LCWMD for review and approval at the developer's expense.
(10)
The developer shall provide at their expense third-party inspection for construction of all required erosion and sedimentation control measures and stormwater best management practices proposed for the site and provide documentation to the LCWMD related to their construction. The developer may use a third-party inspector who has Maine Department of Environmental Protection certification or directly hire the LCWMD to perform the inspections and provide the documentation.
(11)
The developer and/or owner must have a certified professional perform annual inspections of any installed stormwater best management practices on the property and provide annual reporting to the LCWMD. The developer and/or owner must also maintain their stormwater best management practices in accordance with design engineer recommendations to ensure their continued performance.
§ 335-7.5 Residential Growth Area 2 Medical Office Overlay District.
[Added 8-1-2016; amended 12-21-2020 by Order No. 2020-153; 2-5-2024 by Ord. No. 2024-04]
A.
Purpose. The purpose of this overlay district is to allow a medical campus permitted by right in a defined area within the Residential Growth Area 2. Particular interest will be paid to the potential impacts of businesses upon adjacent residential uses, such as parking, traffic and building appearance.
B.
Area of zone. The area to be included in the Residential Growth Area 2 Medical Office Overlay Zone is depicted on the Westbrook Zoning Map (Lots 44/56A, 44/68A, 44/67, 44/68 and 44/64).
C.
Permitted uses. Those uses permitted as a matter or right in the underlying zoning district plus the following:
Hospital |
Medical office |
Short-term care facility |
Residential care facility |
Medical/diagnostic center |
Service business |
D.
Conditional uses. Those uses permitted as a conditional use in the underlying zoning district.
E.
Performance standards. Businesses shall comply with those standards as defined in the underlying zoning district.
§ 335-7.6 Retail Class 4 Overlay District.
[Added 1-6-2020 by Ord. No. 2019-194]
A.
Purpose. The purpose of the Retail Class 4 Overlay District is to allow Retail Class 4 as a conditional use in defined locations within the City Center District.
B.
Area of zone. The area to be included in the Retail Class 4 Overlay District is depicted on the Westbrook Zoning Map (Lots 032/104, 033/041, 033/111, 040/018).
C.
Permitted uses. Those uses permitted as a matter of right in the underlying zoning district. Only permitted or conditional uses in the underlying zoning district shall be permitted as an accessory use.
D.
Conditional uses. Those uses permitted as a conditional use, in accordance with Article IV, in the underlying zoning district, plus the following: Retail Class 4.
E.
Prohibited uses. Any use not listed as permitted or conditional uses is not allowed, including, but not limited to, any car wash or redemption center.
F.
Performance standards. Businesses shall comply with those standards as defined in the underlying zoning district and in accordance with Article IV, Conditional Uses, unless otherwise stated.
(2)
Design standards.
(a)
An individual business shall be limited to four fuel-dispenser units. Each fuel dispenser unit may not exceed four fuel pump nozzles.
(b)
Canopy shall be a single color consistent with or complementary to the principal structure.
(c)
Under-canopy music or audio advertising is prohibited.
(d)
Building materials shall be brick. For existing structures conducting partial renovations, a waiver to this standard may be granted by the reviewing authority.
(3)
Signage. Signs shall comply with the standards of the underlying zoning district unless otherwise stated.
(a)
Ground-mounted signs. Ground-mounted signs may include LED characters to indicate the price of fuel.
(b)
Fuel-dispenser unit signs.
[1]
A single dual-faced pump top sign shall be permitted for each fuel dispenser unit. The area of a single dual-faced pump top sign shall not exceed four square feet per face.
[2]
Signs bearing only the brand name, logo or price of fuel shall be permitted on the fuel-dispenser units. All signs shall be an integral part of the dispenser unit.
[3]
Fuel-dispenser units may include LED characters to indicate the price of fuel.
(c)
Gas canopy. No writing, signage or logos are permitted on the gas canopy
§ 335-7.7 Residential Growth Area 1 Lincoln Street Overlay District.
[Added 12-7-2020 by Order No. 2020-139]
A.
Purpose. To provide additional performance and design standards that allow public access to the natural resources and preserve the unique characteristics of the neighborhood.
B.
Area of zone. The area to be included in the Lincoln Street Overlay District is depicted on the Westbrook Zoning Map (Map/Lots 037/001, 010/002, or any divided lot from these lots).
C.
Permitted uses. Those uses permitted as a matter of right in the underlying zoning district.
D.
Conditional use. Those uses permitted as a conditional use, in accordance with Article IV, in the underlying zoning district.
E.
Performance standards. In addition to those standards set forth in the underlying zoning district, the following performance standards shall apply to any development in the Lincoln Street Overlay District:
(1)
Public access. The developer shall provide public access along the frontage of the Presumpscot River as well as provide a trail connection from the river to the Sebago to Sea Trail. Such public access shall be subject to the review and approval by the Planning Board during site/subdivision review and shall be in addition to the open space requirements as set forth in § 335-13.3H.
(2)
Transitional residential development.
(a)
A residential subdivision within the Lincoln Street Overlay District shall provide a transition between the residential uses of single-family, two-family, and multiple-family dwelling. Development shall meet the following standards:
[1]
Development immediately adjacent to the easterly property line abutting properties 010-001 and 010-001A shall consist of single-family dwellings only.
[2]
In general, development shall provide an increase in density and bulk of structures, including the size, configuration and massing of structures from east to west.
[3]
The minimum separation between multiple-family structures and the lot lines of a lot with single-family or two-family dwellings shall equal two times the height of structure of the multiple-family dwelling. In a situation where the single-family and/or two-family dwelling is part of a condominium development, the required separation shall be to the structure and not to the lot line of the condominium. This standard does not apply to adjacent or opposite multiple-family structures.
[4]
The highest-density development shall be the furthest from Mayberry Road.
[5]
Single-family/two-family blocks/neighborhoods shall have separate primary access connecting to the City street system from the multiple-family blocks/neighborhoods primary access. Interconnection of the blocks/neighborhoods shall be encouraged.
(b)
Design standards.
[1]
Single-family and two-family dwellings shall be subject to the following:
[a]
Provide design variation so that adjacent and opposite structures have no less than three differing architectural aesthetics, treatments and/or fenestrations, such as:
[b]
Building elevations shall demonstrate building variation and shall be reviewed and approved by the City Planner, or their designee, prior to building permit issuance.
[2]
Multiple-family dwellings shall provide diversity in architectural aesthetics, treatments and fenestrations as they relate to windows, doors, rooflines, material, color and exterior lighting. Building elevations shall be reviewed and approved by the Planning Board during site/subdivision review to demonstrate building variation.
(3)
Workforce/affordable quality (WAQ) housing component. At least 10% of the units in the project shall at least meet the definition of a WAQ housing unit for rent or for sale. The criteria associated with this performance standard includes:
(a)
"WAQ housing unit for rent" means a dwelling unit for which:
[1]
The rent is affordable to a household earning 100% or less than of area median income (AMI) as defined by the United States Department of Housing and Urban Development (HUD).
[2]
The unit is rented to a household earning 100% or less of AMI; and
[3]
The requirements of Subsection E(3)(a)[1] and [2] above are limited by the lease for the units and also by deed restrictions or some other legally binding instrument covering the building or property for a minimum term of 30 years. Evidence of this standard shall be provided as part of the subdivision/site plan review process.
(b)
"WAQ housing unit for sale" means a dwelling unit for which:
[1]
The purchase price is affordable to a household earning 120% or less of AMI;
[2]
The unit is sold to a household earning 120% or less of AMI; and
[3]
The requirements of Subsection E(3)(b)[1] and [2] above are limited by deed restrictions or other legally binding instrument for a minimum term of 30 years. Evidence of this standard shall be provided as part of the subdivision/site plan review process.
(c)
"Affordable" means that the percentage of income a household is charged in rent (including utilities not included in the rent) or must pay in monthly mortgage payments (including mortgage insurance, property insurance and real estate taxes), does not exceed 30% of a household's income.
(d)
WAQ units are encouraged to be integrated with the rest of the development, should use a common access, and should provide no indications from common areas that these units are WAQ housing units.
(e)
WAQ units need not be the same size as other units in the development but the number of bedrooms in such units shall be no less than 10% of the total number of bedrooms in the development.
(f)
WAQ housing units for sale, if converted to WAQ housing units for rent, shall become subject to the income limits and other requirements of such units.
(g)
In the event the development is completed in phases, affordable units shall be provided in proportion to the development of market-rate units unless otherwise approved by the Planning Board.
§ 335-7.8 Affordable Housing Development Bonus Overlay District.
[Added 12-4-2023 by Ord. No. 2023-127]
A.
Purpose. To increase affordable housing opportunities in the City of Westbrook.
B.
Area of zone. The areas to be included in the Affordable Housing Development Bonus (AHDB) Overlay District are depicted on the Westbrook Zoning Map. To have a lot/area included in the AHDB Overlay District, lot/area shall be in a designated Growth Area per the Comprehensive Plan, or shall meet the following criteria:
C.
Permitted uses. Those uses permitted as a matter of right in the underlying zoning district.
D.
Conditional use. Those uses permitted as conditional use in the underlying zoning district. Uses are subject to Article IV.
E.
Performance standards. If the affordable housing development definition and AHDB Overlay Criteria are met, then the following density bonus, parking standard and height allowance is permitted to be utilized in an affordable housing development, subject to the required documentation:
(1)
Density. The affordable housing development may utilize a residential density factor at up to 2.5 times the base density of the underlying district. If fractional results occur when calculating the density bonus in this subsection, the number of units is rounded down to the nearest whole number.
(a)
If a density bonus/overlay already exists in an underlying district standard of at least 2.5 times the residential density factor of the underlying district, the affordable housing density bonus is not afforded to the project.
(2)
Parking. A parking standard of 0.67 spaces for every designated affordable unit in the project. If fractional results occur when calculating the parking requirement for this project, the number of spaces is rounded up to the nearest whole number.
(3)
Height. Maximum height is negotiable during site plan review provided the project meets the appearance assessment of the site plan/subdivision standards, however, the height of the structure shall not exceed 20% of the underlying district, and cannot result in any more than one additional story.
(4)
Required documentation. Verification of long-term affordability:
(a)
Prior to granting a certificate of occupancy or other final approval of an affordable housing development, the owner of the affordable housing development shall (a) execute a restrictive covenant that is enforceable by a party acceptable to the City; and (b) record the restrictive covenant in the Cumberland County Registry of Deeds to ensure that for at least 30 years after completion of construction:
[1]
For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and
[2]
For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.